FLYNN'S  DIGEST 


CITY  ORDINANCES 

together  with  the 

Constitutional  Provisions,  Acts  of  the  General  Assembly, 

AND  Decisions  of  the  Courts  relative 

TO  THE  Government 


CITY  OF  NEW  ORLEANS 


PUBLISHED  BY   AUTHORITY  OF  THE  CiTY  COUNCIL. 


COMPILED   BY   J.  Q.   FLYNN. 


NEW  ORLEANS 
1896 


^^'.< 


PRINTED    AND    BOUND    BY 

L.  GRAHAM   &  SON,  LTD. 

207-211  Baronnk  Street, 

New  Orleans, 

s  7.0 S^ 


THE  LAWS  AND  ORDINANCES 

OF  THE 

CITY  OF  NEW  ORLEANS 

FROM  THE 

Consolidation  of  the  Municipalities  in  1852 
TO  THE  1st  of  January,  1896. 


CONTENTS. 


PAGE. 

Preface vii 

Authorization  and  Adoption  by  City 

Council ix 

City  Charter  of  1896 xi  to  Ixv 

Index  to  City  Charter  of  1896 Ixvi  to  Ixxii 

City  Charter  of  1882 1  to  66 

Ordinances,  Privileges,  Franchises  and 

Judicial  Decisions  Bearing  on  Same 67  to  1244 

Index  to  City  Charter  of  1882 1245  to  1249 

Oeneral  Index 1250  to  1344 


FKEFACE, 


The  following  Digest  of  Ordinances  of  the  city  of  New 
Orleans  has  been  prepared  in  pursuance  of  a  resolution 
of  the  City  Council. 

Having  been  employed  by  the  Mayor,  under  this  reso- 
lution, the  compiler  at  once  entered  upon  the  labor  of 
reducing  the  copious  and  incoherent  mass  of  legislation 
of  the  past  twenty-six  years,  to  a  systematic  and  con- 
venient form. 

The  difficulties  to  be  contended  against  were  consider- 
able. The  only  compilations  of  these  laws  since  1870 
were  the  digests  of  Mr.  Jewell,  published  in  1882  and 
1887.  These  digests  were  open  to  many  objections, 
the  principal  being  their  complex  method  and  too 
general  classifications.  The  effort  in  the  present  work 
has  been  to  assort  and  class  all  ordinances  of  like  char- 
acter under  one  head,  and  to  be  as  specific  in  these 
classifications  as  the  nature  of  the  work  permits.  Repe- 
tition has  been  avoided  where  possible. 

The  extent  and  difficulty  of  the  undertaking  may  be 
better  understood  when  it  is  considered  that  nearly 
twenty  thousand  ordinances  have  been  examined  and 
collated. 

Regarding  the  acts  of  the  Legislature  and  decisions  of 
the  Supreme  Court,  care  has  been  taken  to  avoid  a  use- 
less and  unnecessary  accumulation  of  data  and  authori- 
ties, which  would  serve  little  other  purpose  than  to 
perplex  and  embarrass.  Those  acts  and  decisions  only 
which  have  a  direct  bearing  on  the  affairs  of  the  city  and 
are  necessary  to  a  proper  understanding  of  the  differ- 
ent ordinances,  have  been  briefly  quoted,  and  in  many 
instances  referred  to  simply  by  title. 

The  new^  city  charter  just  adopted  by  the  Legislature 
will  be  found  if<the  following  pages;  while,  strictly 
speaking,  not  within  the  original  scope  of  this  compila- 


Vlll  PREFACE. 

tion,  it  is  so  important  as  to  require  its  publication 
herein. 

To  Hon.  John  Fitzpatriek,  under  whose  able  and  pro- 
gressive admistration  the  material  interests  of  this  city 
have  developed  and  prospered,  the  compiler  desires  to 
acknowledge  his  indebtedness  for  valuable  advice  and 
assistance  that  materially  lessened  the  labor  of  this  un- 
dertaking. To  Mr.  Clark  Steen,  the  able  and  efficient 
secretary  of  the  Mayor,  he  is  obliged  for  many 
practical  suggestions  -,  through  whose  untiring  zeal 
and  comprehensive  knowledge  of  the  city's  affairs  much 
valuable  information  has  been  secured.  Also  to  Messrs. 
Thomas  Campbell,  the  obliging  clerk  of  the  Council, 
and  James  Doran,  of  the  Mayor's  department. 

To  the  present  executive  of  the  city,  Hon.  Walter  C. 
Flower;  his  efficient  and  obliging  secretary,  Col.  T.  H. 
Thorpe,  and  Mr.  A.  Brittin,  chairman  of  the  Finance 
Committee,  the  compiler  is  indebted  for  kind  and  cour- 
teous attentions  and  numerous  facilities  which  have  en- 
abled him  to  complete  his  arduous  undertaking. 

The  Editor  and  Compiler 
July,  1896. 


OFFICIAL  AUTHORIZATION  AND  ADOPTION 
OF  DIGEST. 


Mayorality  of  Xew  Orleans,  \ 
s  City  Hall,  May  22,  1895.     / 

No.  10,758,  Council  Series. 

Be  it  Ordaiked,  That  the  Mayor  of  the  city  be  and  he  is 
hereby  authorized  and  directed  to  employ  a  competent  person  or 
persons,  whose  duty  it  shall  be  to  make  and  prepare  a  careful 
compilation  of  ttie  ordinances  of  the  city  of  New  Orleans  up  to 
date,  and  to  properly  digest  and  index  same,  and  he  shall,  also, 
compile  all  laTvs  of  the  State,  and  decisions  of  the  Supreme 
Court  of  the  State  affecting  said  ordinances  of  the  city  of  New 
Orleans. 

Adopted  by  the  Council  of  the  city  of  New  Orleans,  May  21, 

1895. 

Dan  a.  Rose, 

Clerk  of  Council. 
Approved,  May  22,  1895. 

A  true  copy :  John  Fitzpatrick, 

Clark  Steen,  Mayor. 

Secretary  to  the  Mayor. 


Mayoralty  of  New  Orleans,! 
City  Hall,  March  13,  1896.     J 

No.   12,026,  Council  Series— An  Ordinance  Adopting  the 
Digest   of   City    Ordinances,   etc.,  Prepared    Under 
THE  Provisions  of  Ordinance  No.  10,758,  C.  S. 
Be  IT  Ordained.  That  the  digest  of  ordinances  prepared  under 
the  provisions  of  Ordinance  No.  10,758.  C.  S.,  being  a  compila- 
tion of   all  ordinances  adopted  by  the  Council  of  the  city  of 
New  Orleans  to   the   1st   day  of  January,  1896,  be  and  the  same 
are  hereby  approved  and  adopted  and  shall  be  of  binding  force 
and  obligations,  subject,  however,  to  such   amendments   as  may 
have  been  adopted  since  the  1st  of  January,  1896,  or  that  may 
hereafter  be  adopted  by  the  Council  of  the  city  of  New  Orleans. 
Adopted  by  the  Council  of  the  city  of  New  Orleans,  March 

10,  1896. 

Dan  A.  Rose, 

Clerk  of  Council. 
Approved  March  13.  1896. 

A  true  copy :  John  Fitzpatrick, 

Clark  Steen,  Mayor. 

Secretary  to  the  Mayor. 


CITY  CHARTER  OF  1896. 


AN  ACT 


To  incorporate  the  city  of/ New  Orleans,  provide  for  the  govern- 
ment and  administration  of  the  affairs  thereof;  and  to  repeal 
all  acts  inconsistent  or  in  conflict  therewith. 
Due  notice  having  be<in  given  in  accordance  with  Art.  48  of 

the  Constitution,  and  evitience  thereof  submitted  to  the  General 

Assembly : 

Be  it  enacted  by  the  Geneial  Assembly  of  the  State  of  Louisana ; 

I. — CITY  LIMITS. 

Section  1.  That  all  inhabitants  of  the  parish  of  Or- city  Limits, 
leans,  as  now  bounded  by  the  following  boundaries : 
The  Mississippi  river  from  the  lower  line  of  the  United 
States  Barracks  to  Upperline  street,  upper  side  of  Car-  Boundaries  of. 
rollton  and  along  the  centre  of  Upperline  street  to  Upper- 
line  Canal,  and  thence  along  the  centre  of  Upperline  Canal 
to  Lake  Pontehai  train ,  and  thence  along  the  shore  of  Lake 
Pontchartrain  to  the  Rigolets,  and  thence  along  the 
Rigolets  to  Lake  Borgne,  to  Fisherman's  Canal,  and 
thence  along  Fisherman's  Canal  to  the  line  of  the  south 
side  of  Florida  Walk,  and  thence  along  said  line  of 
Florida  Walk  to  the  lower  line  of  the  United  States  Bar- 
racks, and  thence  along  the  line  of  the  United  States 
Barracks  to  the  Mississippi  river,  the  point  of  depart- 
ure ;  and  the  Fifth  District  of  the  city  of  New  OHeans, 
situated  on  the  right  bank  of  the  Mississippi  river,  and 
bounded  by  a  line  established  by  the  State  Engineers, 
beginning  at  a  point  near  the  river  bank,  opposite  Ptol- 
emv  street,  thence  running  as  follows,  viz. : 

South,  42  deg.  30  min. ;  east,  4  miles  and  about  1080 
feet;  south,  3  deg.  10  min.  ;  west,  about  620  feet. 

Thence  along  the  back  line  of  properties  south  57  deg, 
east,  2143  feet  4>2  inches. 

North  2  deg.  45  min. ;  east,  1910  feet  7  inches. 

South,  53  deg.  30  min. ;  east,  5162  feet  2  inches. 

North,   6  deg.   15  min. ;  east,  4932  feet  7  inches  to 
township  line  one  mile  138  feet  dX  inches. 

South,  76  deg. ;  east,  311  feet  4 '2    inches  to  township 
line  445  feet  10  inches. 

South,  72  deg. ;  east,  947  feet  9>2  inches. 


Xll  CITY   CHARTER    OF   1896. 

South,  65  deg. ;  30  min. ;  east,  955  feet  to  raiiere  line 
1337  feet  8  inches. 

South,  83 H  deg. ;  east,  860  feet  6  inches. 

North,  61  deg.  7  min. ;  east,  524  feet  7  inches  to  range 
line  1366  feet  6  inches.  ' 

South,  81  deg.  15  niin.  ;  east,  2368  feet  6  inches  to 
range  line  4383  feet  2  inches. 

South,  61  deg.  53  min. ;  east,  1)4  miles  and  about  2770 
feet  2  inches. 

South,  31  deg.  35  min.,  east,  1>2  miles  and  2163  feet 
to  line  of  Jeanne  Lassales,  and  thence  up  the  Missis- 
sippi river  to  the  point  of  departure. 
City  of  New         Are  hereby  created  a  body  corporate  and  established 
'as a  political  corporation   by   the   name  of  "The  City  of 
New  Orleans,"  with  the  following  powers  and  no  more: 

It  shall  have  a  seal,  and  may  sue  and  be  sued,  and  may 
acquire  property  by  all  lawful  means,  and  hold  and  dis- 
pose of  same. 

II. — WARDS  AND  MUNICIPAL  DISTRICTS. 

First  Repre-  ^EC.  2.  Said  city  shall  be  divided  into  the  following 
*^^^*"''*' ^'®*  wards   and   municipal   districts,    to-wit:     First   Ward, 

First  Ward.  First  Representative  District,  bounded  as  follows,  viz.  : 
From  the  Mississippi  river  along  the  centre  of  Thalia 
street  to  the  intersection  of  Claiborne  Canal,  and  thence 
along  *the  centre  of  Claiborne  Canal  to  the  centre  of  Feli- 
city road  to  the  Mississippi  river,  and  thence  along  the 
Mississippi  river  to  the  point  of  departure. 

•Second  Repre-  Sccond  Ward ,  Sccoud  Representative  District,  bounded 
sei.tative    i,- ^^    follows,    viz. :    From    the   Mississippi    river    along 

Second  Ward,  ijjy  centre  of  Julia  street  to  the  New  Canal,  and  thence 
along  the  centre  of  New  Canal  to  Carrollton  ave- 
nue, and  thence  along  the  centre  of  Carrollton  avenue  to 
the  centre  of  Melpomene  Canal,  and  thence  along  the 
centre  of  Melpomene  Canal  to  the  centre  of  Claiborne 
Canal,  and  thence  along  the  centre  of  Claiborne  Canal  to 
the  centre  of  Thalia  street,  ana  thence  along  the  centre 
of  Thalia  street  to  the  Mississippi  river,  and  thence 
along  the  Mississippi  river  to  the  point  of  departure. 

"^senutife'^Di's"  Third  Ward,  Third  Representative  District,  bounded 
TWrd  Ward,  ^s  follows,  viz. :  From  the  Mississippi   river  along  the 


CITY    CHARTER   OF    1896.  xili 

centre  of  Canal  street  to  the  old  Metairie  Road,  thence 
along  the  centre  of  the  old  Metairie  Road  to  the  centre 
of  the  New  Canal,  and, thence  along  the  centre  of  the 
New  Canal  to  the  centre  of  Rampart  street,  and  thence 
along  the  centre  of  Rampart  street  to  the  centre  of  Julia 
street,  and  thence  along  the  centre  of  Julia  street  to  the 
Mississippi  river,  and  thence  along  the  Mississippi  river 
to  the  point  of  departure. 

Fourth  Ward,  Fourth  Representative  District,  bounded  ^se"nSti?/^?s*- 
as  follows,  viz. :  From  the  Mississippi  river  along  the  ^""• 
centre  of  Canal  street  to  the  Old  Metairie  Road,  thence 
along  the  centre  of  the  Old  Metairie  Road  to  New  Canal^ 
thence  along  the  cejitre  of  New  Canal  to  Lake  Pontchar- 
train,  thence  along,Lake  Poutchartrain  to  Orleans  Canal, 
thence  along  the  centre  of  Orleans  Canal  to  the  Old 
Metairie  Road,  thence  along  the  centre  of  Old  Metairie 
Road  to  St.  Louis,  street,  thence  along  the  centre  of  St. 
Louis  street  to  the  Mississippi  river,  thence  to  the  point 
of  departure. 

Fifth   Ward,  Fifth  Representative  District,  bounded  Fifth  Repre- 
as  follows,  viz. :;  From  the  Mississippi   river  along  the   twct  "'* 
centre  of  St.  Louis  street  to   the   Old   Metairie   Road,  ^"^'^  ^"''• 
thence  along  the  centre  of  Old   Metairie   Road  to   the 
centre  of  Orleaais  Canal,  thence  along  the  centre  of  said 
cmal  to  Lake  Poutchartrain,  thence  along  Lake  Shore  to 
Bayou  St.  John,  thence  along  the  centre  of  Bayou  St. 
John  to  St.  Philip  street,  thence  along  the  centre  of  St. 
Philip  street  to  the  Mississippi  river,  thence  to  the  point 
of  departure  < 

Sixth  Ward,  Sixth  Representative  District,  bounded  sixth  Repre- 
as  follows,  viz. :  From  the  Mississippi  river  along  the   tr^t*  "'^ 
the   centre   of   St.    Philip   street,    to  Bayou  St.   John,  ®'''**'^*'''^- 
thence  along  the  centre  of  Bayon  St.  John  to  Esplanade 
street,   thence  along  the  centre  of  Esplanade  street  to 
the  Mississippi  river,  thence  to  the  point  of  departure. 

Seventh     Ward,     Seventh     Representative    District,  seventh  Kepre- 
bounded   as  follows,  viz.:  From  the  Mississippi   river   ^«.^J*tive Dis- 
along  the  centre  of  Esplanade  street,  to  Bayou  St.  John,  •'Seventh  ward, 
and  thence  along  the  centre  of  Bayou  St.  John  and  cut 
off    to    Lake   Poutchartrain,    and   thence    along    Lake 
Poutchartrain  to  Elysian  Fields  street,  and  thence  along 


Xiv  CITY   CHARTER   OF    1896. 

the   centre   of   Elysian   Fields    street   to   the   point   of 
departure. 
Eighth  Repre-     Eighth  Ward,  Eighth  Representative  District,  bounded 

semative  Dis-  .  ^  i  «* 

trict.  as   follows,  VIZ :  From    the   Mississippi   river  along  the 

Eighth  Ward,  centre  of  Elysian  Fields  street  to  Lake  Pontchartrain, 
and  J:hence  along  Lake  Pontchartrain  to  People's  avenue, 
and  thence  along  the  centre  of  People's  avenue  to  Lafay- 
ette avenue,  and  thence  along  the  centre  of  Lafayette 
avenue  to  the  Mississippi  river,  and  thence  along  the 
Mississippi  river  to  the  point  of  departure. 
Ninth    Repre-     Ninth  Ward,  Ninth  Representative   District,  bounded 

sentative  Dis-  7  r  7 

trict.  as   follows,  viz :  P'rom  the  Mississippi  river  along  the 

Ninth  Ward,  (.gj^^j.^  ^f  Lafayette  avenue  to  the  centre  of  People's 
avenue,  and  thence  along  the  centre  of  People's  avenue  to 
Lake  Pontchartrain,  and  thence  along  Lake  Pontchartrain 
to  the  Rigolets,  and  thence  along  the  Rigolets  to  Lake 
Borgne,  and  thence  along  Lake  Borgne  to  Bayou  Bien- 
venue,  and  thence  along  Bayou  Bienvenue  to  the  Fisher- 
men's Canal,  and  thence  along  the  Firsherman's  Canal  to 
the  line  of  the  south  side  of  Florida  walk,  and  thence 
along  said  line  of  Florida  walk  to  the  lower  line  of  the 
United  States  Barracks,  and  thence  along  the  lower  line 
of  the  United  States  Barracks  to  the  Mississippi  river, 
and  thence  along  the  Mississippi  river  to  the  point  of 
departure. 
Tenth   Repre-      Tcuth  Ward,  Tcutli  Representative  District,  bounded 

sentative  Dis-  ' 

trict.  as  follows,  viz. :   Prom  the   Mississippi  river   along  the 

centre   of   Felicity  road   to   the  Melpomene  Canal,  and 
thence   alonjj   the  centre  of  the  Melpomene  Canal  to  its 
intersection  with  First  street,  and  thence  along  the  cen- 
tre  of   First   street  to  the  Mississippi  river,  and  thence 
along  the  Mississippi  river  to  the  point  of  departure. 
Eierenth  Rep-      Eleventh   Ward,   Eleventh    Representative    District, 
District.    "   bounded   as   follows,  viz. :  From  the  Mississippi   river 
Eleventh  Ward  along  the  ccutre  of  First  street  to  the   Melpomene  tail- 
race,  and  thence  along  the  centre  of  Melpomene  tail-race 
to  Toledano  street,  and  thence  along  the  centre  of  Tole- 
dano   street  to  the  Mississippi  river,  and   thence   along 
the  Mississippi  river  to  the  point  of  departure. 

Twelfth    Ward,     Twelfth     Representative     District, 


CITY   CHARTER   OF    1896.  XV 

bounded   as   follows,    viz:  From  the  Mississippi  river  Twelfth  Repre- 
along  the   centre   of  Toledano   street  to  Broad  street,    uict. 
thence   along   the   centre  of  Broad  street  to  Napoleon  '^'''^'^'^  ^'^'*^- 
avenue,  and  thence  aloDg  the  centre  of  Napoleon  avenue 
to  the  Mississippi  riv^r,  and   thence  along  the  Missis- 
sippi river  to  the  point  of  departure. 

Thirteenth  and  Fourteenth  Wards,  Thirteenth  Repre-  Thirteenth 
sentative  District,  bounded  as  follows,  viz :  Dfitrict"'*'"'^ 

Thirteenth  Ward,  from  the  Mississippi  river  along  the  Thirteenth 
centre  of  Napoleon  avenue  to  Broad  street,  thence  along 
the   centre   of  Broa(^  street   to   Peters   avenue,  thence 
along  the   centre  of  Peters  avenue  to  the  Mississippi      ^^^ 
river,  thence  along  the  Mississippi  river  to  the  point  of 
departure.  , 

Fourteenth  Ward,  from  the  Mississippi  river  along  Fourteenth 
the  centre  of  Petei-s  avenue  to  Broad  street,  and  thence 
along  the  centre  of  Broad  street  to  Toledano  street,  and 
thence  along  the  centre  of  Toledano  street  to  the  Mel- 
pomene tail-race,  and  thence  along  the  centre  of  Mel- 
pomene tail-race  to  Lowerline*  street,  and  thence  along 
the  centre  of  Lqwerline  street  to  the  Mississippi  river, 
and  thence  along  the  Mississippi  river  to  the  point  of 
departure. 

Sixteenth  and  Seventeenth  Wards,  Fourteenth  Repre-  Fourteenth 
sentative  District,  bounded  as  follows :  Dutnct." 

Sixteenth  Ward,  from  the  Mississippi  river  along  the  sixteenth 
centre   of  Lowerline  street  to  the  Melpomene  tail-race, 
and  thence  along  the  centre  of  Melpomene  tail-race  to 
Carrollton  avenue,  thence  along  the  centre  of  CarroUton      ^^^ 
avenue  to  the  Mississippi  river,  thence  along  the  Missis- 
sippi river  to  the  point  of  departure. 

Seventeenth  Ward,  from  the  Mississippi  river  along  the  seventeenth 
centre  of  Carrollton  avenue  to  New  Canal,  thence  along  ^"  ^' 

the  centre  of  the  New  Canal  to  Lake  Pontchartrain, 
thence  along  Lake  Pontchartrain  to  the  Upperline  Canal, 
thence  along  the  centre  of  Upperline  Canal  and  Upper- 
line  street  to  Mississippi  river,  thence  along  the  Missis- 
sippi river  to  the  point  of  departure. 

Fifteenth   Ward,    Fifteenth   Representative   District,  Fifteenth 
bounded  as  follows,  viz. :  All  that  territory  situated  on  Diitrict."^**"'* 


Xvi  CITY   CHARTER   OF    1896. 

the  right  bank  of  the  Mississippi  river  and  bounded  by 
a  line  established  by  the  State  Engineer,  beginning  at  a 
point   near   the   river  bank,    opposite   Ptolemy   street, 
thence  running  as  follows,  viz. : 
Fifteenth  South  42  deg. ,  30  min.,  east  4  miles  and  about  lOSO 

Ward    „  ^    '  ' 

feet. 

South  3  deg  ,   10  min.,  west  about  620  feet,  thence 
along  the  back  line  of  properties. 

South  57  deg.,  east  2143  feet  4  inches. 

North  2  deg.,  45  min.,  east  1910  feet  7  inches. 

South  53  deg.,  30  min.,  east  5162  feet  2  inches. 

North  6  deg.,  15  min.,  east  4932  feet  7iDchesto  town 
ship  line  1  mile  138  feet  9h  in. 

South  76  deg.,  east  311  >2   inches  to  township  line  445 
feet  10  inches. 

South  72  deg.,  east 947  feet  9)4  inches. 

South  65  deg.,  30  minutes,  east  955  feet  to  range  line 
1337  feet  8  inches. 

South  83^  deg.,  east  860  feet  6  inches. 

North  61  deg.,  7  minutes,  east  524  feet  7  inches  to 
range  line  1366  feet  6  inches. 

South  81  deg.,  15  minutes,  east  2368  feet  6  inches  to 
range  line  4383  feet  7  inches. 

South  61  deg. ,  53   minutes,  east   1>2    miles   and   277 
feet  2  inches. 

South  31  deg.,  35  minutes,    east   1)4    miles   and  2163 
feet  lower  line  of  Jeanne  Lassales,  thence  up  the  Missis- 
sippi river  to  the  point  of  departure. 
Council.  First   Municipal   District,  bounded  as  follows,  viz. : 

^pli  DrsSctFrom  the  Mississippi  river,  along  the  centre  of  Canal 
CounciiVen!''  Street,  to  the  Old  Metairie  Road,  and  thence  along  the 
centre  of  the  Old  Metairie  Road  to  the  centre  of  the  New 
Canal,  and  thence  along  the  centre  of  the  New  Canal  to 
the  centre  of  Carrollton  avenue,  thence  along  the  centre 
of  Carrollton  avenue  to  the  centre  of  Melpomene  Canal, 
and  thence  along  the  centre  of  Melpomene  Canal  to  its 
junction  with  Toledano  street,  and  thence  along  the 
centre  of  Toledano  street  until  it  intersects  the 
centre  of  Felicity  Road  at  Claiborne  street,  and 
thence  along  the  centre   of   Felicity   Road  to  the  Mis- 


CITY   CHARTER   OF   1896.  XVii 

sissippi  river,  and  thence   along  the   Mississippi   river 

to     the     point     of     departure,     shall    be    entitled     to 

four  Couneilmen,  one  of  which  shall  be  elected  from  the  m*""|^j°[^j^^ 

district  at  large,  and  one  from  each  of  the  three   wards 

comprising  said  district. 

Second  Municipal  District,  bounded  as  follows,  viz. :  second ^Muni- 
From  the  Mississippi  river  along  the  centre  of  Esplanade    t?  *n*^nmen^ 
street  to  the  centre  of  Bayou  St.  John,  and  thence  along 
the  centre  of  Bayou  St.  John  and  Cut-off  to  Lake   Pont- 
chartrain,  and  thence  along  Lake  Pontchartraia  to  the 
centre  of  New  Canal,  and  thence  along  the  centre  of  the 
New  Canal  to  the  centre  of  the  old  Metairie  Road,  and 
thence  along  the  centre  of  the  old  Metairie  Road  to  the 
centre  of  Canal  street,  and  thence  along  the  centre  of 
Canal  street  to  the  Mississippi   river,  and  thence  along 
Mississippi  river  to  the  point  of  departure,  shall  be  en-  ^*""sei°Jtion 
titled  to  three  Couneilmen,  to  be  elected  one  from   each 
of  the  wards  comprising  the  district.  Third  Munid- 

Third  Municipal  District,  bounded   as  follows,  viz.:    to  elect  three 

^  '  '  Couneilmen. 

From  the  Mississippi  river  ahmg  the  centre  of  Esplanade 
street  to  the  centre  of  Bayou  St.  John,  and  thence  along 
the  centre  of  Bayou  St.  John  and  Cut-off  to  Lake  Pont- 
chartrain,  and  thence  along  the  shore  of  Lake  Pontchar- 
train  to  the  Rigolets,  and  thence  along  the  Rigolets  to 
Lake  Borgne,  and  thence  along  Lake  Borgne  to  Bayou 
Bienvenue,  and  thence  along  Bayou  Bienvenue  to  the 
Fisherman's  Canal,  and  thence  along  the  Fisherman's 
Canal  to  the  line  of  the  South  Side  of  Florida  Walk,  and 
thence  along  said  line  of  Florida  Walk  to  the  lower  line  of 
the  United  States  Barracks,  and  thence  along  the  line  of 
the  United  States  Barracks  to  the  Mississippi  river,  and 
thence  along  the  line  of  the  Mississippi  river  to  the 
point  of  departure,  shall  be  entitled  to  three  Council-  Manner  of 
men,  to  be  elected  one  from  each  of  the  wards  compris- 
ing the  district. 

Fourth   Municipal   District,    bounded  as  follows,  to-  Fourth  Muni- 
wit:  From  the  Mississippi  river,  along   the   centre   of    to'eie?t'th7ee 
Felicity  Road,  until  it  strikes  the  Melpomene  Canal,  to    counciimen. 
Claiborne  street,  thence  along  the  centre  of  Melpomene 
Canal  to  the  intersection  of  Toledano  street,  and  tlience 


XVlil  CITY   CHARTER   OF   1896. 

along  centre  of  Toledano  street  to  the  Mississippi  river, 
and  thence   along  the  Mississippi  river  to  the  point  of 
Mannerof        departure,  shall  be  entitled  to  three  Councilmen,  to  be 
'  elected  one  from  each  of  the  wards  comprising  the  dis- 
trict, and  one  from  the  district  at  large. 
Fifth   Munici-     Fifth   Municipal  District,  bounded  as  follows,   viz. : 
to  elect  one  The  fifth  Municipal  District  of  the  city  of  New  Orleans 
*  is  situated  on  the  right  bank  of  the  Mississippi  river, 
and   is   bounded   by   a   line   established    by   the   State 
Engineer,  begirlning  at  a  point  near  the  river  bank,  op- 
posite Ptolemy  street,   and  thence  running  as  follows, 
to -wit : 

South  42  deg.  30  min.,  east  4  miles  and  about  1080 
feet,  south  3  deg.  10  min.,  west  about  620  feet,  thence 
along  the  back  line  of  properties. 

South  57  deg.,  east  2143  feet  4  inches. 

North  2  deg.  45  min.,  east  1910  feet  7  inches. 

South  53  deg.  30 min.,  east  5162  feet  2  inches. 

North  6  deg.  15  min.,  east  4932  feet  7  inches  to  town- 
ship line,  1  mile  138  feet  9^  inches. 

South  76  deg.,  east  311  feet  4^2  inches  to  township 
line,  445  feet  10  inches. 

South  72  deg.,  east  947  feet  9>2  inches. 

South  63  deg.  30  min.,  east  955  feet  to  range  line  1337 
feet  8  inches. 

South  83 h  deg.,  east  860  feet  6  inches. 

North  81  deg.  7  min.,  east  524  feet  7  inches  to  range 
line  1366  feet  6  inches. 

South  81  deg.  15  min.,  east  2368  feet  6  inches  to 
range  line  4383  feet  7  inches. 

South  61  deg.  53  min.,  east  l.^a  miles  and  277  feet  2 
inches. 

South  31  deg.  35  min.,  east  1>2  miles  and  2163  feet  to 

lower  line  of  Jeanne  Lassales,  thence  up  the  Mississippi 

river  to  the  point  of  departure,  shall  be  entitled  to  one 

Councilman. 

Sixth  Munici-      Sixth  Municipal   District,  bounded   as   follows,  viz. : 

to  eiect'Vwo  From  the  Mississippi  river,  and  thence  along  the  centre 

ouncumen.  ^^  Tolcdauo  strcct  Until  it  strikes  the  Melpomene  Canal 

Tail-race,  and  thence  along  the  centre   of   Melpomene 


CITY   CHARTER   OB^    1896.  xix 

Canal  until  it  strikes  Lowerline  street  to  the  Mississippi 
river,  and  thence  along  the  Mississippi  river  to  the  point 
of  departure,  shall  be  entitled  to  two  Councilnien. 

Seventh  Municipal  District,  bounded  as  follows,  viz. :  seventh  Muni- 

....  cipal  District 

From  the  Mississippi  river  aloncr  the  centre  of  Lower-    to  elect  one 

■      .  ^         ^r    -,  m    -1  Councilman. 

line  street  until  it  intersects  the  Melpomene  Tail-race, 
and  thence  along  the  centre  of  Melpomene  Tail-race  to 
Carrollton  avenue,  and  thence  along  the  centre  of  Car- 
rollton  avenue  to  the  centre  of  New  Canal,  and  thence 
along  the  centre  of  New  Canal  to  Lake  Pontchartrain, 
and  thence  along  Lake  Pontchartrain  to  the  Upperline 
Canal,  and  thence  along  the  centre  of  Upperline  Canal 
to  Upperline  street,  and  thence  along  the  centre  of 
Upperline  street  to  the  Mississippi  river,  and  thence 
along  the  Mississippi  river  to  the  point  of  departure, 
shall  be  entitled  to  one  Councilman. 

III. — ELECTIONS. 

Sec.  3.  The  election  of  officers  provided  for  in  this  Election  of 
act  shall  be  in  pursuance   of  the  general  election  laws  officers, 

now   or  hereafter  existing,  unless  the  Legislature   by 
special  act  provides  otherwise,  in  which  case   said  elec- 
tions shall  be  in  pursuance  of  such   special  laws.     Said 
officers  shall  be  chosen  by  a  plurality  of  the  votes  cast  Term  of 
at  the  municipal  election,  and  shall  hold  office   for  four  officers. 

3^ears  from  date  of  election,  and  serve  until  their  suc- 
cessors are  duly  elected  and  qualified. 

Sec.  4.  All  legally  registered  voters  entitled  to  vote  Qualification 
for  State  officers  shall  be  entitled  te  vote  for  city  officers, 
and  all  elections  for  city  officers  shall  be  by  ballot. 

Sec.  5.  The  commissioners  of  election  shall  make  re-  Election 
turns  in  the  maimer  provided  by  the  election  laws  of  the 
votes  cast  at  each  precinct  or  polling  place  for  city  offi- 

rm  •  1         .1  ,  ,.  .1  To  organize. 

cers.  The  persons  appearing  by  the  returns  ot  the  com- 
missioners of  elections  at  the  polls  to  have  been  j;W»»« 
facie  elected  shall  assemble  at  the  City  Hall  at  12  o'clock  Mayor  or  presi- 

M.  on  the  Monday  next  after  the  election.  The  Mayor  or  cedin^^co^un- 

president  of  the  preceding  Council,  shall  cause  the  re-  and*  adS 

turns  to  be  added  up  in  the  presence  of  any  and  all  per-  loV^^sons 

sons  who  choose  to  be  present  in  the   room  where   the  elected! -^""^ 


XX  CITY   CHARTER   OF    1896. 

Council  assemble,  and  he  shall  make  or  cause  to  be  made 
by  the  clerk  a  roll  of  all  the  newly-elected  Councilmen, 
without  excluding  any  who  are  prima  facie  elected,  and 
shall  preside  until  a  new  president  is  chosen,  and  shall 
administer  to  such  persons  the  oath  of  office.  As  soon 
as  the  new  Council  is  organized  and  a  president  elected, 
it   shall  immediately  proceed  to  compile  the  votes  for 

^crnfp°iiie votes  ^^yor  and  other  city  officers  elected  at  the  same  time, 
Ind  ^ither^^^  proclaim  the  result  of  the  popular  vote.  The  Coun- 
city  officers,  ^jj}  shall  be  incompetcut  to  proceed  to  any  other  business, 
except  the  election  of  president,  as  hereinabove  pro- 
vided, until  this  shall  be  done.  The  president  so  elected 
shall  at  once  proceed  to  administer  the  oath  of  office  to 
the  Mayor  and  other  officers,  and  no  commission  from 
the  Governor,  or  other  title  shall  be  necessary. 

Contested  Sec.  6.  The  elcctiou  of  city  officers,  except  Council- 

'ons.  jjjjgj^^  jjjg^y  i^g  contested  in  the  same  manner  as  is  now  or 
may  be  hereafter  provided  for  contesting  the  election  of 
parochial  officers. 

Oath  of  office.  Sec.  7.  The  Mayor  and  other  officers  elected  or  ap- 
pointed by  virtue  of  this  act  shall,  before  they  enter 
upon  the  duties  of  their  offices,  take  and  subscribe  to  the 
oath-  prescribed  by  Art.  149  of  the  Constitution,  and  also 
the  further  oath  that  they  possess  the  qualifications  for 
their  respective  offices  prescribed  by  this  act. 

Mavor  or  other  Sec.  8.  If  at  any  time  the  election  of  the  Mayor  or 
officer  to  hold  ^^j^g^  officcr  of  this  corporatiou  shall  be  annulled  or 
set  aside  for  any  cause  whatsoever,  the  incumbent  of  the 
office  shall  nevertheless  continue  to  fulfil  its  duties  until 
a  successor  shall  have  been  duly  elected  or  appointed 
and  qualified  as  required  by  law. 

IV. — LEGISLATIVE  DEPARTMENT. 

Councilmen,  Sec.  9.  Thc  legislative  power  of  said  coporation  shall 
and  quahfi-be  vcstcd  in  a  Council  composed  of  seventeen  members, 
elected  by  the  voters  of  the  respective  wards  or  districts 
which  they  are  to  represent,  and  no  councilman  shall  be 
qualified  to  fill  a  position  unless  he  is  an  actual  resident 
of  the  ward  or  district  for  at  least  one  year  preceding  the 


cations    nec- 
essary. 


CITY   CHARTER   OF   1896.  XXl 

election,  and  they  shall  be  elected  at  the  same  time  as 
the  Mayor  and  other  officers;  they  must  be  citizens  of 
this  State  and  of  the  United  States  and  residents  of  the 
€ity  of  New  Orleans  five  years  preceding  their  election, 
and  shall  be  at  least  twenty-five  years  of  age,  and  shall 
never  have  been  convicted  of  any  crime. 

Sec.  10.  The  members  of  Council  shall  receive  twenty  compensation 
dollars  each  for  attendance  at   each   regular   monthly    a«endan^c"e.* 
meeting  of  said  body;    provided,  that  such    members 
shall  have  attended  all  called  or  special  meetings  held 
during  such  month. 

Sec.  11.  The  Council  shall  elect  from  its  members  a  organization 
president,  who  shall  receive  an  annual  salary  of  two  president  r.f 
thousand  dollars,  and  shall  be  ex-officio  chairman  of  the^  ,      co""'^'!- 

'  Salary   and 

finance  committee  thereof ;  also  a  clerk,  at  a  salary  not        'duties  of. 
exceeding  one  thousand  eight  hundred  dollars  per  an-      "^  'salary  ot. 
num,   and  a  sergeant-at-arms  at  a  salary  of  nine  hun- ^^''^^'*"**rnis, 
dred  dollars  per  annum.     The  president  shall  have  a    Salary  of. 
casting  vote  in  case  of  a  tie. 

Sec.  12.  The  Council  shall  be  exclusively  the  judges  council  fxctus 
of  the  elections,  qualifications  and  return  of  its  mem-  onhequaufi* 
bers,  and  may  expel  one  of  its  members  by  a  two-thirds  election  of  its 
vote   of  all  the   members   elected  to  such   Council,  five  .,'"^'" '"'t' 

'  May  expel  one 

days'  notice  and  an  opportunity  of  being  heard  in  his  o*  jts  mem^ 
defence  having  been  previously  given  said  member;  but  "f  two-thirds 
no  member  shall  twice  be  tried  for  the  same  cause.  bers. 

Sec.  13.  The  Council  by  resolution  may,  during  the 
session  thereof,  punish  by  arrest  and  imprisonment  any 
person  who  is  guilty  of  disrespect,  disorderly  or  con- 
temptuous behavior  in  presence  of  the  Council  in  ses- 
sion; and   the   Council   or  anv  committee   thereof  may  Authority  to 

'  _  -  _  ^       compel     per- 

summon    witnesses    and    compel   their   attendance   by    sons  to  testify 

*•  "^       and  to  punisli 

attachment   and   administer   oath   by  the  president  or    for  refusal, 
chairman,    compel   witnesses  to  testify  and   to   produce 
books  and  papers,  and  may  punish  them  by  imprisonment 
or   fine  for  failure  to  attend  or  refusal  to  testify  or 
produce   books   and   papers,  but  no  such  imprisonment 
shall  exceed  ten  days   for  each   offence;  provided,  that ^by"loun^i°o" 
any  person  so  sworn  who  shall  wilfully  and  falsely  testify    uabie^o  plr^ 
before  said  Council,  or  any  committee   thereof,  shall  be    ly'testifyVnl! 


XXii  CITY   CHARTER   OF    1896. 

guilty  of  perjury  and  be  subject  to  the  penalty  provided 
by  law. 

Sec.  14.  The  Council  shall  have  power  and  it  shall  be 
their  duty  to  pass  such  ordinances,  and  to  see  to  their 
faithful  execution,  as  maybe  necessary  and  proper: 

Peace  and 

order.      (1).  To  prescrvc  the  peace  and  good  order  of  the  city. 
*and°hllith.      (2).  To  maintain  its  cleanliness  and  health,  and  to 
this  end ;  (a)  to  adopt  and  and  provide  an  efficient  sys- 
tem of  drainage;  (6)  to  provide  for  the  inspection  and 
cleanliness  of  all  vaults,  privies,  yards,  pools,  markets, 
mahi'tain  and  cemcteries ;  (c)  to  regulate  the  location  of  and  inspection 
tre^Nnspe'^c^  and  cleansing  of  dairies,  stables,  cattle  yards,  landings 
iiaws  where  and  pcus,  slaughterhouscs,  soap,  glue,  tallow  and  leather 
drfnks*  are  factories,  depositories  for  hides,  and  all  places  of  busi- 
**''^*  ness  likely  to  be  or  become  detrimental  to  health,  and 

to  adopt  such  ordinances  and  regulations  as  shall  be 
necessary  or  expedient  for  the  protection  of  health  and 
to  prevent  the  spread  of  disease,  and  to  maintain  a  good 
sanitary  condition  in  the  streets,  public  places  and 
**  ^nmsfnces- buildings,  and  ou  all  private  premises.  The  Common 
Council  shall  provide  for  the  frequent  inspection  of  all 
premises  by  persons  to  be  designated,  either  by  the  Com- 
mon Council  or  by  the  Board  of  Health  in  the  city ;  they 
shall  also  prescribe  what  water  supply  shall  be  provided 
by  the  owners  of  private  premises  and  that  all  premises, 
yards,  streets  and  alleys  shall  be  kept  in  a  cleanly  con- 
dition ;  shall  provide  for  the  punishment  of  any  viola- 
tion of  such  ordinances  or  regulation,  by  tine  or  impris- 
ment,  or  both;  and  all  such  fines,  when  recovered, 
shall  be  paid  over  to  the  Board  of  Health,  to  assist  in 
its  maintainance ;  {d)  to  suppress  all  nuisances ;  (e)  to 
prevent  the  sale  of  adulterated  or  decayed  food,  and 
punish  the  same;    to   punish    the  sale   of  adulterated 

To    open     and  driuks. 

from  obstruc^      (3).  to  opcu  aud  kccp  opcu  and  free  from  obstructions 
sq'u'k're^sr^  '  all  strccts,  pubUc  squarcs,  wharves,  landings,  lake  shore 

wharves,  etc.  -,      .  -,  i  i         i 

and  river  and  canal  banks. 

Repairs  of 

bwdges,  (4).  To  keep  the  streets  and  crossings  and  bridges 

ducbes?"^     and  canals  and  ditches  clean  and  in  repair. 


CITY   CHARTER   OF    1896.  Xxiii 

(5).  To  adequately  provide  for  the  maiutenance  of"^" "j^'^^**^^^^ 
an  efficient   police  force  and  fire  department.  ^^^^  depan- 

(6).  To  light  the  streets,  wharves,  landings  and  public  Lighting. 
squares. 

(7).  To  organize  and  maintain  free  public  schools.       PubUc schools. 

(8).  To  maintain  levees,  dykes,  and  to  protect  the  city  Levees  and 
from  overflow,  and  to  provide  for  the  drainage  thereof.  •■amage. 

Sec.  15.  The  Council  shall  also  have  power : 

(1).  To  order  the  ditching,  filling,  opening,  widen-  streets, 
ing  and  paving   of  the  public   streets,  and  to  regulate 
the  grade  thereof. 

(2).  To  regulate  the  public  cemeteries,  to   order  the  Cemeteries, 
manner  of  conducting  the  same  and  to  order  the  closing 
of  same. 

(3).  To  compel  the  owners  of  any  lot  or  lots  to  fillTo  order   the 

,  ,         ,  ,  ,  ,  filling  of  lots. 

the   same  to  a  grade  above  the  grades   of  the  streets 
and  to  constmct  drains  or  gutters. 

(4).  To  improve   and   embellish   the   public  squares  to  improve 
and  parks  and  places.  public  parks. 

(5).  To  construct  and  maintain  wharves  and  land- wharves  and 
ings,  and  to  erect  sheds  and  buildings  therein  to  Landings, 
protect  merchandise  in  transit  and  to  prescribe  and  col- 
lect such  charges,  wharfage  and  levee  dues  as  will  pay 
for  the  construction  and  maintenance,  lighting  and 
policing  same  and  no  more,  so  as  to  make  the  port  of 
New  Orleans  as  near  a  free  port  as  possible.  The  Coun- 
cil shall  have  power. 

(6).  To  compel  the  owners  of  property  or  tenants  to  sidewalks, 
keep  their  sidewalks  in   front   of  such   property   clean 
and  in  repair. 

(7).  To  prevent  explosive  and  dangerous  substances  to  provide  for 
from  being  stored  or  kept  in   dangerous   quantities   in    Ld  Vemo'"^ 
the  city,  to  designate  the  places  where  such  dangerous    ubies?°'"''"'' 
articles   may  be  stored  and  to  regulate  the   manner  of 
hauling  and   keeping  explosive   substances. 

(8).  To  determine  within   what  limit  wooden  build- Fire  limits, 
ings  shall  not   be  erected   and  to  prevent    the    recon- 
struction in  wood  of  old  buildings  within  such  limits. 

(9).  To  regulate  the   safety,   height  and  thickness  Buildings,  con- 
of  the  walls  and  structures. 


XXiv  CITY   CHARTER   OF   1896. 

Animals,  to  (10).   To  determine  what  animals   shall  not  be  per- 

p  r  e  V  e  nt  the       .  .  ,         , .       .  . 

roving  of.      mitted  to  rove  in  the  limits  of  the  city,   and   to  cause 
them  to  be  killed  or  to  be  confined  and  sold,  when  found 
to  be  roaming  at  large, 
amusement,     (H)-  To  rcgulatc  the  policc  of  thcatrcs,  public  balls, 
to  regulate,    (ja^cc  houscs,  couccrt  saloous,  taverns,  hotels,  houses  of 
Houses  of        public  entertainment,  shops  for  retailing  alcoholic  liq- 
?o°*«"uia°e^^^®'    houses   of  prostitutiou   and   assignation   and   to 
cufde  *°   ^''"  close  such  houses  from  certain  limits,  and  shall  have 
power  to   exclude   the   same,  and  to  close   houses   and 
places  for  the  sale  of  intoxicating  liquors  when  the  public 
safety   may  require  it,  and   to  authorize  the  Mayor  and 
police  to  close  such  places. 
Gambling.  (12).  To    closc   all   gambling  houses   and   to   expel 

from  the  city,  and   to   imprison  all  bunco  men,  lottery 
men,  common  cheats  and   swindlers,  beggars  and  dan- 
gerous and  suspicious  characters. 
iRaiiroads,  (13).  Havc   the   power  to  authorize   the   use  of  the 

and  to  pro-  strccts  for  railroads  operated  by  horse,  electric,   steam 

vide     regula-  ,  1*^11 

tions.  or  other  motive  power,  and  to  regulate  the  same ;  to  re- 

quire and  compel  all  lines  of  railway  or  tramway  in  any 
one  street  to  run  on  and  use  one  and  the  same  track  and 
turntable,  to  compel  them  to  keep  conductors  on  their 
cars  and  compel  all  such  companies  to  keep  in  repair  the 
street  bridges  aud  crossings  through  or  over  which  their 
cars  run. 

Batture,  (14)  To  lay  off  and  sell  in  lots  or  squares  so  much  of 

the  batture  from  time  to  time  as  may  be  required  for 
public  purposes,  but  the  right  of  accretion  or  to  future 
batture  shall  never  be  sold. 

Public  institu-  (15).  To  establish  jails,  houses  of  refuge,  reformation 
and  correction  and  make  regulations  for  their  govern- 
ment, and  to  exercise  general  police  power  in  the  city  of 
New  Orleans. 

Ordinances,  Scc.  16    No  Ordinance   or   resolution    shall   pass   the 

how  same  Council  at  the  same  session  at  which  it  is  first  offered, 
adopted.  but  cvcry  Ordinance  or  resolution  shall,  at  its  first  offer- 
ing be  read  in  full  and  shall  lie  over  at  least  one  week 
before  being  finally  considered  by  the  Council. 


CITY   CHARTER   OF    1896.  XXV 

Sec.  17.  The  Council  shall  meet  on  the  first  Tuesday  council, 
-evening    of    every    month,    and    as    much    oftener  as 
they   shall   determine   to  be  necessary.     All   meetings 
for  organization,  and  canvassing  and  compiling  and  pro- 
claiming the  result  of  an   election  shall  be  held  in  day- open  sessions, 
light.     The  Council    shall   sit  with  open  doors,  and  no 
resolution  or  ordinance,  except   resolutions  for  investi-    councTieiect- 
gation  and  for  the  conduct  of  parliamentary  business,    for  Tdoptfons 
shall  have  force  of  law,  unless  it  receive  the  votes  of  a    a  n''d'^'re"o'iu^- 
majority   of  the    members  elected  to  said  Council,  and    "'"'^' 
unless  on  its  final  passage  the  ayes   and  nays  are  called 
and  recorded. 

Sec.  18.  The  Council  shall  organize  the  departments  organization 
of   Comptroller,    Treasurer,    Commissioner  of    Public    ments. 
Works,  Commissioner  of  Public  Buildings,  City  Engineer 
and  City  Attorney,  regulate  the  number  of  clerks  and 
other  persons  to  be  employed  therein,  and    fix   the   sal- 
aries of  such  clerks  and  employees.     The  heads  of  such  chief  clerk  or 
departments   shall   have   the   right  to  appoint,  by  and    a^p^poin'ted 
with  the   consent   of  the  Council,  the  chief  deputy  or    moted?'''  " 
<3lerk   in  such   department,  and  may  discharge  same  at 
pleasure ;    the   fact   of   such   discharge   and   the  cause 
thereof  shall  be  communicated  to  the  Council  at  its  first 
meeting  thereafter. 

Sec.  19.  The  Council  shall  fix  the  compensation  of  Coy>P«"«*t'o° 

'^  of  employees. 

every  officer  of  the  city,  or  of  the  State,  whose  services 
are  by  law  to  be  paid  by  the  city  of  New  Orleans,  except 
such  whose  salaries  are  hereby  fixed  in  this  act,  and 
regulate  the  number  and  compensation  of  all  persons  on 
the  pay  roll  of  the  city  of  New  Orleans. 

Sec.  20.  It  shall  not  be   lawful  for   the  Council   to  salaries  of 
increase  the  salary  or  compensation  of  any  officer  during  increase  of, 
the  term   for  which  such  officer  has  been   elected   by       ^"^  '  "^  * 
allowing  him  any  fees  for  the  performance  of  any  dutj'' 
imposed  on  him  by  this  act  or  by  the  Council ;  provided, 
the  Council  may  abolish  such  office. 

Sec.  21.  The  Council  shall  not  grant  any  privilege  for  Bar  rooms, 
the  opening  of  any  bar  room,  saloon,  concert  saloon  or  i^o"on'^'s,  etc., 
dance  hall,  except  upon  the  written  consent  of  a  majority  pr^opl  r  t^'y 
of  the  bona  fide  householders  or  property  holders  within  consenVtothe 
300  feet,  measured  along  the   street   fronts,  of  the  pro-   ^„V.**>»«hment 


XXVi  CITY   CHARTER   OF   1896. 

posed  location  of  such  bar  room,  saloon,  concert  saloon 
or  dance  hall,  and  it  shall  revoke  any  privilege  on  the 
petition  of  a  like  number  of  such  persons,  any  prior 
license  or  privilege  to  the  contrary,  notwithstanding. 

V. — EXECTUIVE   DEPARTMENT. 

Executive    de-     The   cxecutivc  powers  of  this   corporation    shall  be 

partment,  "^  ^ 

vested  in  one  Mayor,  one  Comptroller,  one  Treasurer, 

one  Commissioner  of  Public  Works,  one  Commissioner 

of  Police  and  Public  Buildings  and  one  City  Engineer. 

Election  and  Thcsc  oflficers  shall  be  at  least  thirty  years  old,  citizens  of 

appointment        ,  ./    ./  ' 

of  officers,  this  State  aud  of  the  United  States,  and  residents  of  this 

and    qualifi-     .  .         ^ 

cations  neces- City  for  fivc  ycai's  prior  to  their  election  or  appoint- 
ment. The  Mayor,  Treasurer  and  Comptroller  shall  be 
elected  by  the  people  of  New  Orleans  for  the  term  of 
four  years ;  the  Commissioner  of  Public  Works,  Com- 
missioner of  Police  and  Public  Buildings  and  the  City 
Engineer  shall  be  appointed  by  the  Mayor  as  hereinaf- 
ter provided. 
Election  of  Sec.  23.  As  soou  as  the  new  Council  is  organized  it 

Mayor  and 

other  elective  shall  compilc  the  votcs  for  Mayor  and  other  elective 

officers.  "^ 

Providing   for  ^^^y  officcrs  froiu  the  returns  of  the  Commissioners  of 
thfn  of  Totes  Election,  and  at  once  proclaim  the  result  of  the  popular 
cast  for.        vote.     They  shall  be  incompetent  to  perform  any  other 
business  until  that  be  done.   The  president  of  the  Coun- 
cil shall  administer  to  them  the  oath  of  office,  and  no 
commission  from  the  Governor  shall  be  necessary. 
Signatures  of        Sec.  24.  lu  all  cascs  whcu  the  Ma3^or  or  other  officer 

officials. 

IS  required  by  this  act  to  sign  any  account,  warrant,  or- 
der, check,  document  or  other  instrument,  such  signing 
shall  be  made  in  his  own  proper  handwriting,  and  in  no 
case  shall  such  officer  use  a  stamp,  or  types,  or  any  en- 
graved instrument  for  that  purpose ;  nor  shall  they  au- 
thorize a  clerk  or  deputy  to  sign  in  their  stead,  except 
as  hereinafter  provided. 

Chief  deputy  or  Sec.  25.  The  chicf  dcputy  or  clerk  of  each  department 
partments.     shall  fumish  a  bond  in  favor  of  the  Mayor  and  his  siic- 

To  furnish  cessors  iu  office  for  such  amount  as  shall  be  fixed  by  the 

bond   and   to  .  .  . 

act  Council,  and  in  case  of  suspension,  absence,  resignation 

"or  death   of   any  executive  officer  the   chief   clerk  or 


CITY   CHARTER   OF   1896.  XXVii 

deputy  of  such  officer  shall  continue  in  office  and  per- 
form the  duties  of  such  executive  officer  until  another 
be  elected  or  appointed  and  qualifies ;  and  for  the  de- 
faults and  malfeasance  in  office  of  such  clerk  or  deputy 
during  his  administration  of  such  office  he  and  his  sure- 
ties shall  be  liable. 

Sec.  26.  The  Comptroller,  Treasurer,  Commissioner  officers  of  city. 

^  right  to  seats 

of  Public   Works,  Commissioner  of  Police   and  Public    on    floor  of 

T      n     ,  Council.    To 

Buildings,  City  Attorney  and  City  Engmeer  shall  have    discuss    and 
the  right  to  seats  on  the  floor  of  the  Council  under  such    matters   per- 

t  a  1  n  1  n  g-   to 

rules  as  the  Council  may  adopt ;  and  such  rules  they  are    their  depait- 
required  to  make.     They  shall  have  the  right  to  discuss 
and  debate  all  matters  pertaining  to  their  respective  de- 
partments, but  shall  not  participate  further  in  the  pro- 
ceedings of  the  Council  than  here  provided. 

MAYOR. 

Sec.  27.  The  Mayor  shall  be  elected  by  a  plurality  of  Qualification 

•^  J         f  .7  and  duties  of 

votes  cast  at  the  municipal  election  held  pursuant  to    mayor. 

law.    He  shall  keep  his  office  at  the  City  Hall,  and  shall 

have  a  seal  to  be  called  the  seal  of  the  city  of  New 

Orleans,  which   shall   be  affixed   to   all  proper  official 

acts   of  the   corporation ;    he   shall   sign   all   contracts 

in    behalf    of    the    city,    and    no    contract    shall    be 

complete     until    so    signed ;     he    shall     see    that     all 

the    laws    and    ordinances   within   the    limits    of    the 

city    of    New    Orleans    be    executed    and     enforced ; 

he  shall  be  ex  officio  justice  and   conservator  of  the 

peace ;  he   shall  have  the  right  to  appoint  and  remove 

such  officers  as  may  be  hereinafter  designated ;  and  he 

shall    have   the   right  to  debate  upon  the  floor  of  the 

Council  and  participate  fully  in  all  proceedings  thereof ;  ^^^^^^      ^ 

he  shall  call  meetings  of  the  Council  whenever  he  shall    council,  how 

f  called. 

deem  proper,    or  whenever  five  members  thereof  shall 

request  him  in  writing  so  to  do ;  he  shall  monthly  lay 

before   the   Council  a  full   statement  of  the  condition 

of-  affairs  of  the  city ;  it  shall  be  his  duty  to  report  to  to  report    aii 

the   Council  all   officers  and  persons  employed   by  the    eSpfoyees"o1 

city  who  fail  to  perform  their  duty,  or  commit  any  act    iS|  "to^  Jer-' 

for   which  they  are  liable  to  impeachment  or  removal    dCiy™    ^^^" 


XXViii  CITY   CHARTER   OF    1896. 

from  office,  and  may  in  his  discretion  suspend  such  per- 
son until  the   action  of  the  Council,  to  whom  he  shall 
report  such  suspension  at  their  first  meeting  thereafter ; 
and  should  the  Mayor  neglect  or  refuse  to  so  report  he 
^exTc'lnSl'^ffi!  ^^^^1  be  guilty  of  nonfeasance  and  liable  to  removal ;  it 
re"'u*re  rl°^^^^^  bc  Ms  duty  to  Call  together  the  executivc  officers 
Lm'e?  *'^°'"  ^^^  heads  of  departments  for  consultation  and  advice 
upon  the   affairs  of  the  city  at  least  once  a  month,  and 
at  such  meetings  he  may  call  on  such  officers  and  heads 
of  departments  for  such  reports  relating  to  the  subject 
matters  under  their  control  as  he  may  deem  proper,  and 
it  shall  be  their  duty  to  prepare  and  submit  same  to  him 
Responsible     ^^  o^ce ;  he  shall  be  responsible  for  the  proper  conduct 
^d'lct^^oi  offi-of    the   officers   of  the   several   departments  appointed 
pfoJeTsf  Ind  by   him,  and   may  to   this  end  remove  from  office  any 
TO°oTai.°^  ""^  su^^  officer  or  employee,  and  he  shall  serve  his  reasons 
therefor   in   writing    on   such   officer,    and   transmit  a 
copy  thereof  to   the  Council,  to   be  spread    upon    its 
Salary.  miuutcs ;  he   shall    receive   an  annual  salary  of  $6000, 

payable  monthly  on  his  own  warrant,  but  he  shall  re- 
ceive no  fees  or  other  emoluments  of  any  kind,  under 
any  pretence  whatever,  on  pain  of  removal,  and  he  shall 
render  daily  account  and  pay  into  the  treasury  all  sums 
which  he  may  receive  for  the  use  of  the  city  from  any 
source. 
Ordinancesand      Sec.  28.  All  ordiuanccs   and  resolutions,    except   as 

resolutions.  ^ 

Mayor  to  ap-  hereinafter  provided    by   Sec.    86,    after   having  been 

publish  sa^me  passed  by  the  Council,  shall  be  transmitted  to  the  Mayor 

for  his  consideration,  who,  if  he   shall  approve  thereof , 

shall  sign  and  publish  the   same,  and  such    ordinances 

and    resolutions   shall   thereupon    have    the    force    of 

Veto.  law.     But,  if  the  Mayor  shall   disapprove   of   any  ordi- 

nances or  resolutions  transmitted  to  him  as  aforesaid, 
he  shall,  within  five  days  from  the  time  ho  received  it, 
return  the  same  to  the  Council  with  his  objections  in 
writing,  and  if  two-thirds  of  the  members  elect  shall  ad- 
here to  said  ordinance  or  resolution,  notwithstanding 
said  objection,  then,  and  not  otherwise,  the  said  ordinance 
or  resolution  shall,  after  publication  thereof,  have   the 

Pocket  veto. 

force  of  law;  the  failure  to  return  an  ordinance  with  his 


y 
CITY  CHARTER   OP   1896.  Xxix 

veto,  within  five  days,  if  the  Council  be  in  session,  or  to 

the  next   session  of  the  Council,  after  five  days,  shall 

have  the  same  effect  as  a  veto.     Any  ordinance  making  ^^^^^^  nfayfc 

appropriation  or  fixing  the  number  and  salaries  of  em-    ^^^1°'^^^  '"^ 

ployees  may  be  approved  in  part  or  vetoed  as  to  specific 

items  mentioned  by  the  Mayor  in  his  veto  message. 

Sec.  29.  It  shall  be  the  duty  of  the  Mayor  to  publish  official  journal 
all  ordinances  and   resolutions   passed  by  the  Council, 
and  it  shall  be  the  duty  of  the  Clerk  of  the  Council  to  ^  ,. 

''  Ordinances 

publish  the  proceedings  of  the  Council :  the  whole  in  a    and  proceed- 

^  r  i=>  7  ,ngg  of  coun- 

newspaper  published  daily  in  New  Orleans  (and  which    f".'^°j^^P"^' 

shall  have  been  in  existence  as   a  daily  paper  for  one 

year    previous    to    the    contract),    the   proprietors    of 

which  shall   offer  to   publish    said   proceedings   at  the  How  selected, 

lowest  price,  at  public   aution,  after  one  week's  notice,   cations neces- 

and  give  good  security  for  the  faithful  performance  of 

the  work.     Such   offering  shall  be  made  at  least  every  Term  of  con- 

"  "^      tract  limited. 

two  years,  and  no  contract  shall  be  made  for  a  longer 
period. 

comptroller. 

Sec.  30.  The  Comptroller  shall  have  a  general  super-  comptroller, 
intendence  of  the  fiscal  affairs  of  the  corporation.  He 
shall  prescribe  the  mode  and  manner  of  keeping  the 
corporation  books  and  accounts  in  every  department 
entrusted  with  the  receipt  and  expenditure  of  money, 
and  said  books  and  accounts  and  the  rolls  and  books 
kept  by  the  Assessors  shall  be  at  all  times  subject  to  the 
inspection  of  the  Comptroller,  the  Treasurer  and  the 
chairman  of  the   Finance   Committee   of    the   Council. 

To    audit  all 

The  Comptroller  shall  examine  and  audit  all  claims  and  claims  against 

city. 

demands  against  or  in  favor  of  the  corporation,  and  all 
accounts  for  the  collection  of  the  revenue  shall  originate 
in  his  office.     No  money  shall  be  received  by  the  Treas- 

''  •'To    issue    war- 

urer  or  any  other  officer  from  any  source  whatever,  ex-    rant  for  re- 

•^  '  ceipt  or  pay- 

cept  on  a  written  order,  receipt  or  other  document  signed    men'    o^  »" 

^  ^  »  money. 

by  the  Comptroller,  and  no  money  shall  be  paid  out  of 
the  treasury  unless  authorized  by  an  ordinance  or  reso- 
lution to  the  Council,  and  on  a  warrant  signed  by  the 
Comptroller.     All  accounts  or  bills  for  the  collection  of 


XXX  CITY   CHARTER   OF    1896. 

"^re^ctfT^r  au  ^^^^^^^    shall    be    divided    in    classes    corresponding 
*<=<=°""*^,,  "^  °  with  the  different  Sources  from  which  said  revenue  is 

comptroller. 

drawn,  and  the  accounts  or  bills  of  each  class  shall  be 
numbered  from  one  upward,  and  said  accounts  or 
bills,  when  delivered  to  the  Treasurer,  shall  be  charged 
to  said  Treasurer  on  the  books  of  the  Comptroller  as 
cash  received  by  the  Treasurer,  to  be  accounted  for  by 
him.  The  Comptroller  shall  not  warrant  upon  the  Treas- 
^acfo^u'^t"^  b "  ^^'^^'  ^^^  *^^  payment  of  any  bill,  requisition,  claim,  pay 
fore  warrant-  j-qH  qi*  demand  of  whatcver  nature  unless  same  has  been 

ing  on  treas- 
urer, flrst  certified  in  writing  as  correct  and  due  by  the  officer 

or  board  by  whom,  or  under  whose  authority,  the  same 
was  contracted,  and  also  by  the  chairman  of  the  Finance 
Committee  of  the  Council,  and  until  he  shall  have  care- 
fully examined  and  computed  such  claim.  Any  officer. 
Penally  for board  Or  any  member  of  Said  committcc  who   shall  cor- 

falsely  certi-  ^ 

f  y i  n  g    to  ruptly  or  wilfully  certify  any  claim  as  correct  or  due,  or 
against  city,  warrant  for  same,  knowing  same  to  be  incorrect  or  not 
justly  due,  shall  be  guilty  of  a  misdemeanor  and  punish- 
able by  a  fine  not  less  than  five  hundred  dollars  or  more 
than   one  thousand   dollars,  and  shall  furthermore  be 
removed  from   office.     If  any  claimant  is  indebted  to 
To  deduct  in-  Said  city,  the  Comptroller  shall   deduct  such   indebted- 
maturtdTomiiess,  if  maturc,  f rom  the  amount  due  said  claimant,  and 
claimants  of  gj^^jj  ^^  Certify  to  the  Treasurer.    The  Comptroller  shall 
retain   in  his  hands,  as   his  vouchers,  all  bills,  requisi- 
^main!^*'    *°tions,  payrolls  and  other  evidences  of  claims   and  de- 
mands so  certified  and   warranted,    and   shall  register 
same  in  regular  order  in  a  book  kept  for  that  purpose. 
When  any  person,  other  than  such   a  claimant,  is  in- 
ciJims  in  hands  deb  ted  to  the  city,  the  Comptroller  shall  place  same  in 
of^^city  Attor-  ^j^^  j^^^^g  ^j  ^^^  q-^^  Attorney  for  collection,  and  shall 

take  his  receipt  therefor.  The  Comptroller  shall  keep  a 
Accounts.        full  set  of  books  in  which  all  the  fiscal  operations  of  the 

corporation  shall  be  recorded.  He  shalJ,  in  every  month 
Report,  to  be  of   cach  year,  lay  before  the  Council  and  the  Mayor  a 

submitted    in  o     ^  •  -,  -.  •  -■        •  i 

detail  to  the  rcport  of  the  receipts  and  expenditures  during  the  past 
monthly.       mouths,  glviug  uot  Only  the  various  items  of  receipts  and 
expenditures,  but  a  full  detail  of  the  names  of  all  per- 
sons   to   whom    money   has    been    paid,    the    amount 


CITY   CHARTER   OF    1896.  XXXi 

thereof,  the  number  of  warrant  and  the  dat-e  of  the  reso- 
lution  or  ordinance   authorizing  the  expenditure.     He  Semiannual 

,       report  to    be 

shall,  also,  in  the  months  of  January  and  July  of  each  suismiited. 
year,  lay  before  the  Council  and  the  Mayor  a  report 
giving  not  only  the  various  items  of  said  receipts  and 
expenditures,  but  a  full  detail  of  the  names  of  all  per- 
sons to  whom  money  has  been  paid,  the  amount  thereof, 
the  number  of  the  warrants  and  the  date  of  the  resolu- 
tion authorizing  the  expenditure.  The  report  shall  also 
embrace  a  statement  of  the  indebtedness  of  the  city, 
showing  in  detail  all  outstanding  obligations,  their  date, 
amount,  to  whom  and  for  what  issued,  when  due,  and 
under  what  resolution  or  ordinance  authorized.  It  shall 
also  contain  estimates  to  be  made  by  the  Commissioner 
of  Public  Works  and  chairman  of  the  Finance  Commit- 
tee of  the  Council  of  the  receipts  and  expenditures  for 
the  current  six  months ;  said  report,  in  a  condensed 
form,  shall  be  published  in  book  form  ;  and  he  shall  gen- 
erally, in  addition  to  the  duties  herein  enumerated,  per- 
form all  such  other  duties  as  the  Council  shall  prescribe. 
He  shall,  before  entering  on  the  duties  of  his  office,  give 
bond  to  the  amount  of  fifty  thousand  dollars,  and  with  „    , 

'  '  Bond. 

such  sureties  as  shall  be  approved  by  the  Council  for 
the  faithful  performance  of  his  duties,  and  he  shall  re- 
ceive for  his  services,   as   a  salary,    four  thousand  five  Salary, 
hundred  dollars  per  year. 

TREASURER. 

Sec.  31.  The  Treasurer  shall  receive  and  safely  keep    Treasurer, 

'^  ^  Duties  of. 

all  moneys,  bills  receivable,  dues  and   assets  belonging 
to  the  city.     He  shall  deposit  same  daily  in  such  bank    t  o    deposit 
or  banks  as  the  Council  shall  elect  viva  voce,  paying  the^*''^' 
highest   rate   of   interest  therefor  consistent   with  the 
safety  of   such   deposits.     Such   bank  or    banks  shall    Depositary- 
give  bond  equal  to  estimated  average  deposits  to  secure  etc.^''^''**'°"^' 
the  city  against  all  loss.     All   interest  on  such   deposits 
shall  belong  to  the  city.     He  shall  pay  on  the  warrants    checks,  how 
of   the  Comptroller,  and  by  checks   drawn  to  order  and  co'unt'errigne'df 
countersigned  by  said  Comptroller  and  the  Mayor,  or  in 
case  of  said  Comptroller  or  Mayor's  absence  or  sickness, 


XXxii  CITY   CHARTER   OF   1896. 

countersigned  by  said  Comptroller's  chief  clerk  and  the 
president  pro  tern,  of  the  Council,  all  claims  against  the 
city  which  the  Council  may  authorize,  and  in  no  case  shall 
the  Treasurer  pay  any  claim   whatever   against  the  city 

Check  book^x^^^pt  in  the  manner  set  forth.  He  shall  keep  a  check 
anced^*''^  ***'  book,  iu  which  the  daily  deposit  of  money  made  by  him 
shall  fully  appear,  and  he  shall  each  day  deduct  there- 
from the  amount  of  the  checks  drawn  by  him,  so  that 
the  balance   in  bank  in   favor  of  the  city   shall  at  all 

To  require  times  appear  upon  the  margin  of  said  check  book.  The 
pa^yments?'  * '  Treasurer  shall  take  a  receipt  from  each  person  in 
whose  favor  he  draws  a  check  upon  the  money  of 
the  city,  deposited  as  above  set  forth,  which  re- 
ceipt shall  fully  and  clearly  state  the  consider- 
ation  for   which  the    check   receipted  for   was   given. 

To  balance  The  Treasurer  shall  balance  his  check  book,  bank 
co^mptroLn**  book,  cash  book  and  accounts  with  the  Comptroller 
Accounts,  etc.,  wcckly,  and  he  shall  cancel  each  week,  and  in  presence 

inspec°tron  o"f  of  the  Fiuancc  Committee  of  the  Council  and  the  Mayor,. 

cers?"*  °^  all  warrants  and  evidences  of  claims  against  the  city 
which  shall  have  been  paid  by  him,  and  all  books  kept 
by  him,  including  his  check  book,  bank  book,  cash  book 
and  all  return  checks  and  warrants  and  evidences  of 
claims  against  the  city  paid  by  him,  and  all  receipts 
taken  by  him  shall  be  at  all  times  subject  to  inspection 
of  the  Comptroller,  Finance  Committee  of  the  Council 

Reports  t  o  ^^^  *^^  Mayor.  He  shall  furnish  the  Comptroller  with 
and  counc?"" ^  *^^^^y  ^'^P^^^  ^^  Writing  of  the  receipts  and  expendi- 
tures and  all  the  fiscal  transactions  of  his  office,  and  he 
shall  lay  before  the  Council  and  furnish  to  the  Mayor 
at  each  regular  meeting  of  said  Council  a  detailed  report 
of  the  same,  which  shall  be  published ;  and  generally  he 
shall  perform  all  such  duties  as  may  be  imposed  on  him 

Bond  of.  by  said  Council.  He  shall,  before  entering  upon  the 
duties  of  his  office,  give  bond  to  the  amount  of  fifty 
thousand  dollars,  with  such  sureties  as  shall  be  approved 
by  the   Council   for  the   faithful   performance   of   his 

Salary.  dutics,  and  shall  receive  for  his  services  an  annual 
salary  of  three  thousand  five  hundred  dollars. 


CITY   CHARTER   OF    1896. 


COMMISSIONER   OF    PUBLIC   WORKS. 


Sec.  32.  The   Commissioner  of  Public   Works   shall  commissioner 

o  t        r  u  D  I  I  C 

be  appointed  by  the  Mayor,  by  and  with  the  consent  <^f  ^oVn'^ment 
the  Council,  and  may  be  removed  by  him  at  pleasure  on  ^"^'remo'vai  o/ 
serving  him  with  his  reasons  in  writing,  for  such  re- 
moval, and  on  transmitting  a  copy  thereof  to  the  Coun- 
cil to  be  spread  on  its  minutes ;  he  shall  be  a  practising 
civil  engineer  of  good  standing  and  reputation.  The  duties  of. 
Commissioner  of  Public  Works  shall  have  general  charge 
and  superintendence  of  all  matters  relating  to  water- 
works^ railroads,  levees,  weights  and  measures,  manu- 
factories, streets,  sidewalks,  pavements  and  wharves ; 
the  construction,  cleansing  and  repair  of  the  same ;  the 
construction  and  repair  of  bridges  and  drainage  and 
hygiene  of  the  city  in  so  far  as  the  same  may  be  com- 
patible with  the  laws  and  duties  of  the  Board  of  Health 
and  shall  be  vested  with  and  perform  such  other  func- 
tions as  may  be  prescribed  by  said  Council.  He  shall  Reports  of. 
report  to  the  Mayor,  in  detail,  the  working  of  his  de- 
partment; he  shall  cause  to  be  made  from  time  to  time, 
and  at  least  quarterly,  a  detailed  statement  to  be  sub- 
mitted to  the  Council,  stating  the  condition  of  the 
streets,  from  curb  to  curb,  including  the  bottoms 
and  grade  of  the  gutters  along  which  tracks  are  laid 
or  railroads  cross  or  pass ;  also  the  condition  of  the 
bridges,  wings  and  crossings,  whether  the  same  be  of 
iron  or  wood ;  also  whether  the  grade  of  such  railroad 
tracks,  bridges  and  crossings  are  level  with  the  surface 
of  the  street,  also  whether  the  natural  drainage  of  aliy 
gutter  is  impeded  by  bridges  or  culverts  over  which 
said  tracks  are  laid,  being  too  low  or  high,  or  for  want 
of  iron  cross  pieces  being  used  for  bridges  in  lieu  of 
wood,  or  whether  such  natural  drainage  is  impeded  for 
want  of  bottoms  in  bridges  or  whether  such  bottoms  of 
bridges  required  to  be  lowered  or  raised.  He  shall,  be-  Bond  of 
fore  entering  upon  the  duties  of  his  office  give  bond  in 
the  sum  of  twenty-five  thousand  dollars,  with  good  and 
solvent  security,  as  shall  be  approved  by  the  Council, 
conditioned  for  the  faithful  performance  of  his  duties. 
He  shall  receive  an  annual  salary  of  four  thousand  salary, 
dollars. 


CITY  CHARTER   OF   1896. 


COMMISSIONER    OF    POLICE    AND    PUBLIC    BUILDINGS. 

Commissioner     Sec.  33.    The   Commissioner   of   Police   and    Public 
and  Public  Buildings  shall  be   appointed  and  may  be  removed  in 
p^ntment  and  the  samc  manner  as  the  Commissioner  of  Public  Works. 
The  Commissioner  of  Police  and  Public  Buildings  shall, 
Duties  of.     g^  ^^^  g^g  ^YiQ  Council  may  have  authority,  have  in  charge 
the  Houses  of  Refuge  and  Correction,  Pounds  and  Cem- 
eteries, and   shall   be  vested   with   and   perform   such 
other  functions  and  duties  as  may  be  prescribed  by  the 
Council ;   provided,    that  no  authority   or  duty  herein 
conferred  or  imposed  upon  said  department,  or  upon  the 
Council,  shall  conflict  with  or  impair  any  of  the  powers, 
Pubii.  insti-  duties  and  rights  conferred  by  this  act  upon  the  Mayor ; 
charge  ot.'      he  shall   have   general  superintendence  of   the   school 
houses,    markets,    slaughter-houses,  prison  and   police 
stations  and  jails,  work   house,  asylums,  hospitals  and 
all  courts   and  public   buildings,  except   the  City  Hall, 
which  shall  be  under  the  control  of  the  Mayor  and  the 
Fire  and  Po- several  executive  of&cers.    He  shall  appoint  subject  to 
aiTp^tnu^enis  and  in  accordance  with  the  rules  and   regulations  pre- 
"*•  scribed  by  the  Board  of  Civil  Service  Commissioners,  a 

Superintendent  of  Fire  Alarm  and  Police  Telegraph, 
who  shall  be  a  competent  electrician,  at  a  salary  of 
eighteen  hundred  dollars  a  year ;  also  such  telegraph 
operators,  linemen,  battery-men  and  messengers,  at 
such  salaries  as  the  Council  may  designate ;  he  shall  be 
vested  with  and  perform  such  other  functions  and  duties 
as  may  be  prescribed  by  the  Council ;  he  shall  report  to 
the  Mayor,  monthly,  the  full  details  and  workings  of  his 
Bond  of.  department;  he  shall,  before  entering  upon  the  duties 
of  his  office,  in  addition  to  the  oath  required,  give  bond 
in  the  sum  of  twenty-five  thousand  dollars,  with  good 
and  solvent  surety,  as  shall  be  approved  by  the  Coun- 
cil, conditioned  for  the  faithful  discharge  of  his  duties ; 
Salary.  he  shall  rcccivc  an  annual  salary  of  three  thousand  five 
hundred  dollars,  payable  monthly. 


CITY   CHARTER   OF   1896. 


CITY   ENGINEER. 


Sec.  34.  The  Mayor  shall  appoint,   by  and  with  the  C'ty  Engineer, 

''  r-r-  7         ./  appointment, 

consent  of  the  Council,  a  civil  engineer,  in  good  stand-    removal  and 

'  o  7  o  ,  qualificati  o  n 

ing,.  who  shall  have  practiced  his  profession  for  at  least    "f- 
five  years  prior  to   his  appointment   as   City  Engineer. 
He  may  be  removed  by  him  in  the  same  manner  as  is  pro- 
vided in  case  of  the  Commissioner  of  Public  Works.   The  ^^f  °''  **'^'''' 
City  Engineer  shall  receive  an  annual  fee  of  four  thous- 
and dollars ;  he  shall  furnish  the  Council  and  the  proper 
authorities  of  the  city,  when  so  ordered,  with  all  the  plans  ^pian^s'elc.^  ^ 
and  estimates  and  other  information  appertaining  to  his 
department  which  such  Council  or  executive  officers  may 
require.  He  shall  superintend  the  construction  of  all  pub-  ^_^^  colfstru"- 
lic  works,  and  report  after  the  completion  of  the  same  the  [Jc  work!"  ^"^" 
manner  in   which   the   works  have  been  executed,  and 
shall   perform  such   other  duties  as  the   Council  may 
direct.     He  shall  give  all  lines   and  grades  for  all  side-gygjg"^^*/ ^t 
walks,  streets,  railroads  and  other  works  authorized  by  ^"'■"'^''*^  ^''' 
the  Council,  for  which  services  no  charge  shall  be  made. 
He  shall  estabish  and  keep  up  to  date  a  platted  record,  be^kept'b/.'  *** 
in  book  form,  on  a  suitable  scale,  of  the  sub-division  of 
each  and  every  block  in  the  city,  as  far  as  is  practicable 
from  the  information  in  his  possession  and  from  the  re- 
ports made   to  him   by    the  deputy   surveyors  of  their 
transactions. 

Sec.  35.  There  shall  be  appointed  by  the  City  Engi-    Deputy  sur- 
iieer,  under  and  in  accordance  with  the  rules  and  regu-  pointment  and 
lations  prescribed  by  the  Board  of  Civil  Service  Com-'^"'^' 
missioners,    not  more   than   seven    deputy    surveyors, 
skilled  in  their  profession.     They  shall  furnish  bond    Bond  of. 
with  sureties  satisfactory  to  the  Council  in   the    sura   of 
five  thousand  dollars,  to  guarantee  the  faithful  perform- 
ance of  their  duties.     They    shall  keep  an  office  within    offices  of. 
the   districts   to  be  designated   by  the   City   Engineer, 
but   shall   have   authority  to  make   surveys   anywhere 
within    the     corporate    limits ;     the    compensation    of    Fees  of. 
deputy   surveyors   on   all   surveys   in   amount   exceed- 
ing    five     dollars    is    hereby     fixed     at    a    rate     of 
two  cents  per  running  foot,  to   be   paid  by  the  persons 


XXX Vi  CITY   CHARTER   OF   1896. 

who  shall  employ  them  to   give  surveys  of  their  prop- 
ovTner"  toVoti^^^^^"     P^operty   owners   shall   notify  the   deputy  sur- 
leyorroF  sX'  ^^7^^  ^^  their  district  of  all  new  sub-divisions  of   their 
^^J |.^^o "  o  ^  properties   made   by  them,    under   a   penalty   of    fifty 
faiiure'^^  * ° "■  dollars   for  each   neglect  to   do  so,    and  all  lines  for 
such  sub-division    shall   be   given   by  the  deputy  sur- 
en^u'  ^^  *"*^  veyor.     The  deputy   surveyors  shall,  immediately  after 
its   execution,    furnish   the   City  Engineer  with  a  full 
and    complete    copy    of    any   survey    made   by    them 
under  a  penalty  of  fifty  dollars  for  each   neglect   to   do 
Penalty  for  SO    and   the   rcmoval    from     office.     It   shall    be     un- 
uy  any^°ride°  lawful,  uudcr  a  penalty  of  fifty  dollars  for  each  and 
or  other'  i  m  -  cvcry  offcncc,  for  any  person  or  persons  to  lay  any  side- 
without  lines  walks,  street   railroad   or  other  improvement  upon  the 
g^nTer. '^     °"  strccts,  sidcwalks,  public  ways  or  grounds  of  the  city 
until  the  lines  and  levels   thereof  have  been  furnished 
by  the  City  Engineer,  and  the   deputy   surveyors    shall 
not  give  such  lines  or  levels  unless   by  special   instrue- 
veyrprohibu"dtions  from  the  City  Engineer.     The  City  Engineer  and 
near  and  em-  thc  cmployccs  of  his  officc  are   prohibited  from  making 

ployees    of   of-        .        . 

fice.  private  surveys. 

CITY  ATTORNEY. 

City  Attorney.      Sec.  36.  The   Mayor  shall   appoint,  by  and  with  the 
quairti^c^au^o  n  couscnt  of  the  Couiicil,  a  duly  licensed  lawyer  of  good 
remova  o  .  g|.^jj^jjjg   ^j^^   ^iBiS   practiccd  his  professiou  for  at  least 
five  years  prior  to  his  appointment,  as  City  Attorney,  and 
may  remove  him  from  office  in  the  same  manner  as  is  pro- 
Legai  adviser  vided  in  the  case  of  the  Commissioner  of  Public  Works, 
corpora  ion.  ^^^  ^.^^  Attomcy  shall  be  the  legal  adviser  of  the  cor- 
poration on  all  matters  in  which  his  advice  may  be  neces- 
sary, and  shall  represent  such  corporation  in  all  judicial 
proceedings,  suits,  actions  and  contestations  in  which  it 
Contracts,  to  may  havc  an  interest ;  all  contracts  to  be  made  with  the 
approve^  before  city  or  any  of  its  departments  shall  be  submitted  to  him 
competion  »  •  j^gf ^^^.g,   exccutlon  for  his  examination,  and  he  shall  en- 
dorse on  each  his  approval  of  the  form  thereof  before 
the  same  shall   be  finally  signed  by  the  parties  thereto, 
and   he   shall   be   the   custodian  of  all  such  papers  and 
records   as   may  be  designated,  and  perform  such  other 


CITY   CHARTER   OF    1896.  XXXVii 

duties  pertaining  to  his  department  as  may  be  required 

by  law  or  ordinance.     He    shall   receive  a  salary  of  six    salary  of. 

thousand   dollars  a  year,  but  no  extra  compensation  or 

fee  shall  be  allowed,  and  no  attorney  shall  in  any  case  Assistant coun- 

be  appointed  to  assist  him  unless  by   the   vote  of  two-    pointed.''  *^' 

thirds   of  the  members   of   the  Council  present  at  any 

meeting.     He   shall   have  the  appointment,  with  power    Assistant  city 

of  dismissal  at  pleasure,    of  all  assistant  counsel  that  appointed. 

the   Council  may  allow  him.     The  City  Attorney  shall  J^'e'^'roh^bited" 

not  be  permitted  to  engage  in  any  private  jJractice ;   and 

he  shall  hold  office  for  six  years  unless  sooner  removed, 

as  above  provided. 

CITY  NOTARY. 

Sec.  37.  The  Mayor  shall  appoint,  by  and  with  the    city  Notary, 
consent  of  the  Council,  a  duly  commissioned  and  prac- q  u^a n fi^at^on 
tising  notary  public  of  this  parish  as  City  Notary,  and*"  ''^"'°^^  °- 
may  remove  him  from  office  in  the  same  manner  as  is 
provided  in  the  case  of  the   Commissioner  of  Public 
Works.     All  contracts,  agreements,  acts  of  sale  or  pur-    To    submit 
chase,  and  all  authentic  acts  to  which  the  city  of  New  to  city  Attor- 
Orleans  may  be  a  party,  or  have  any  interest  therein,  ai7  °'^^^^''°''' 
shall  be  prepared  by  the  City  Notary  and  submitted  by 
him,    before   execution,  to   the   City  Attorney  for  his 
approval,  and  if  so   approved   shall  be   then    executed 
before   said   City  Notary.     His  compensation   shall  be    ^^^s. 
the  fees  prescribed  by  law,  and  the  same  shall  be  paid 
by  the  party  so  contracting  with  the  city  of  New  Orleans ; 
that  upon  the  promulgation  of  all  resolutions,  approvals,  coT.°trrcVori 
the  adjudication  of  contracts  or  sales  or   purchase,  said  sigl.^"''^*'*^  *** 
City  Notary  shall  notify  the   contractors  or  the  parties 
thereof,  and  if  the  contractors  and  sureties  fail  to  exe- 
cute and  sign  their  contract  and  bond  within  ten  days 
thereafter,  the  City  Notary  shall   thereupon  inform  the 
head  of  the  department  to  which  said  contract  pertains 
of  such  failure;  and  said  City  Notary  shall  furnish  thetrStofcu": 
head  of  the  department  to  which  any  contract  so  entered  heals   of   ^dl 
into  pertains,  as  well  as  to  the  City  Engineer,  a  copy  of  Thic'h^contraa 
each  and  every  such  act  or  contract  to  wiiich  the  city  of  fixing"fhe  *fees 
New  Orleans  is  a  party,  which  copies  shall  be  preserved  C[her°£sons? 


XXXViii  CITY   CHARTER    OF   1896. 

and  bound  by  said  officers  for  reference,  and  shall  form 
part  of  the  archives  of  said  office.  The  City  Notary 
shall  provide  other  parties  applying  for  same  copies  of 
contracts  at  a  cost  not  to  exceed  three  dollars  per  copy. 

VI. — BOARDS   AND    COMMISSIONS. 

Sec.  38.  In  addition  to  the  Board  of  Police  Commis- 
sioners, created  by  Act  63  of  1888,  and  the  Board  of  Fire 
Commissioners,  created  by  Act  83  of  1894,  there  shall 
be  a  Board  of  Civil  Service  Commissioners. 

BOARD   OF   CIVIL  SERVICE   COMMISSIONERS. 

Civil  Service  Sec.  39.  The  Mayor,  by  and  with  the  consent  of  the 
a  p^o"intnient  Council,  shall  appoint  three  discreet  persons  who  shall 
°**  be  known  and  shall  constitute  the  Board  of  Civil  Service 

Term  of  office,  Commissioncrs.  They  shall  hold  office  for  twelve  years, 
and'saUry°o'f^  uulcss  sooucr  rcmovcd.  They  shall  be  at  least  thirty  years 
old,  citizens  of  the  United  States  and  of  the  State  for  ten 
years,  and  residents  of  the  city  of  New  Orleans  for  five 
years  prior  to  their  appointment,  and  they  shall  each 
receive  an  annual  salary,  payable  monthly,  of  three 
thousand  dollars,  and  shall  be  men  of  good  repute  and 
Eiiigibiiity to  education.  No  person  shall  be  eligible  for  such  ap- 
pointment who  has  been  a  candidate  for  or  incumbent 
of  a  municipal  office  in  this  State  within  four  years  prior 
to  his  appointment,  nor  shall  such  officer  during  his  in- 
cumbency be  a  candidate  or  applicant  for  or  hold  any 
State,  national,  parochial  or  municipal  office,  nor  be  a 
member  of  or  delegate  to  any  municipal  political  com- 
mittee or  convention,  nor  shall  such  officer  be  eligible 
for  any  office  under  the  government  of  the  city  of  New 
Orleans  within  four  years  after  his  incumbency  for  any 
Removal, reason  shall  cease.  And  it  shall  be  the  duty  of  the 
manner  o  .  jyjg^yQj.  ^q  ^^kc  coguizaucc  of  any  violations  of  these  pro- 
hibitions and  forthwith  remove  such  commissioner  and 
appoint  his  successor ;  transmitting  in  detail  his  reason 
in  writing  to  the  Council  for  such  action.  The  Mayor 
shall  remove  any  commissioner  for  malfeasance,  non- 
feasance, gross  misconduct,  habitual  intoxication,  par- 
tiality and  favoritism  in  office,  transmitting  to  the  Coun- 


CITY   CHARTER    OF    1896.  XXXix 

cil  at  its  first  meetinj^  thereafter,  to  be  spread  on  its 
minutes,  his  reason  in  detail  for  his  action. 

Sec.  40.  Of  the  members  of  the  first  board  created  by    t  e  r  m  s  of 
Section  39  one  shall  be  appointed  for  four,    one   for° 
eight,  and  one  for  twelve  years ;  thereafter  all  appoint- 
ments, except  to  fill  nnexpired  terms,  shall  be  for  twelve 
years ;  vacancies  shall  be  filled  by  the  Mayor  by  and 
with  the  advice  and  consent  of  tlje  Council. 

Sec.  41.  The  board  shall  have  the  right  to  appoint  secretary  and 
one  chief  examiner,  who  shall  be  ex-officio  secretary  of  ary.etc. 
the  board,  at  an  annual  salary  of  three  thousand  dol- 
lars, payable  monthly;  one  assistant  examiner  at  a 
salary  of  eighteen  hundred  dollars  per  annum,  payable 
monthly,  and  two  clerks  at  annual  salaries  of  one  thou- 
sand dollars,  payable  monthly;  and  such  other  clerks 
as  the  Council  may  from  time  to  time  allow.  These 
persons  shall  hold  office  at  the  pleasure  of  the  board. 

Sec.  42.  Said  commissioners  shall,  as  soon  after  their    classification 

of  offices. 

appointment  as  possible,  classify  all  the  offices  and 
places  of  employment  in  this  city,  except  only  such  offi- 
ces and  places  to  which  appointment  or  election  is  other- 
wise expressly  provided  for  by  this  act,  with  reference 
to  the  examinations  hereinafter  provided  for.  Such 
offices  and  places  so  classified  shall  constitute  the  classi- 
fied civil  service,  and  no  appointment  shall  be  made  to 
any  of  such  offices  or  places  by  any  officer,  board  or 
body,  except  under  and  in  accordance  with  the  rules 
hereinafter  mentioned. 

Sec.    43.  Said   commissioners   shall,    after  their   ap-    To    proride 
pointment,  make  rules  for  examinations,  appointments  in.-ition,    a  p  - 
and  removals,  in  accordance  with  the  provisions  of  this  ?emo™a1s.'^  ^° 
act   relating  to   the   Board   of   Civil   Service   Commis- 
sioners, and  they   may,  from  time  to  time,  amend   or 
change  same.     Such  rules,  so  made,  shall  be  published 
and  distributed,  and  go  into  operation  in  not  less  than 
ten  days  from  date  of  publication,  and  the  date  upon 
which  same  shall  be  operative  shall  be  specified. 

Sec.  44.  All  applicants  for  offices  or  places   in   said   Examinations 
<;lassified   service   shall   be   subjected   to    examination,  competitive, 
•which   shall  be  public,   competitive    and    free    to   all 


Xl  CITY   CHARTER   OF    1896. 

citizens  of  New  Orleans,  with  specified  limitations  as  to 
residence,    age,    health,    habits    and    moral    character, 
ticai*  ^*  ^^^'^  Such  examinations  shall  be  practical  in  their  character, 
and  shall  relate  to  those  matters  which   will  fairly   test 
the   relative   capacity   of  the  persons  examine  d  to  dis- 
charge the  duties  of  the  positions  to  which  they  seek  to 
be  appointed,  and  shall  include  tests  of  physical  qualifi- 
cations  and   health,  and,  when  appropriate,  of  manual 
pontS"que"^  skill.     No  questions  in  any  examination  shall  relate    to 
tK)ns   prohibit- pQji^jgg^j  qp  religious  opinions  or  affiliations.     The  board 
shall   control  all  examinations;  and  may,  whenever  an 
cmdncttag  ex^  examination  is  to  take  place,  designate  a  suitable  num- 
aminations.      j^gj.  Qf  persous,  either  in  or  not  in  the  official  service  of 
the   city,    to   be   examiners,  and  it  shall  be  the  duty  of 
such  examiners,  and,  if  in  the  official  service  it  shall  be 
a  part  of  their  official  duty,  without  extra  compensation, 
to  conduct  such  examinations  as  the  board  may   direct, 
and  to  make  return  or  report  thereof  to  said  board,  and 
the  board  may  at  any  time  substitute  any  other  person, 
whether  or  not  in  such  service,  in  the  place  of  any  one 
so  selected ;  and  the  board  may  themselves,  at  any  time, 
act  as  such  examiners  and  without  appointing  examiners. 
Date  and      g^Q   45_  ;N^otice   of  the   time  and  place   and  general 

place  of  exam-  •^  " 

'"uwuhed"  ^  *  scope  of  every  examination  shall  be  given  by  the  board  by 
publication  for  two  weeks  preceding  such  examination,  in 
a  daily  newspaper  of  general  circulation,  published  in 
such  city,  and  such  notice  shall  also  be  posted  by  said 
board  in  a  conspicuous  place  in  their  office  for  two  weeks 
before  such  examination.  Such  further  notice  of  ex- 
amination may  be  given  as  the  board  shall  prescribe. 
To  prepare  Sec.  46.  From  the  returns  or  reports  of  the  examiners, 
reford'^of  ^suc-or  from  the  examinations  made  by  the  board,  the  board 
dates.  "  '  shall  prepare  a  register  for  each  grade  or  class  of  posi- 
tions in  the  classified  service  of  such  city  of  the  persons 
whose  general  average  standing  upon  examination  for 
such  grade  or  class  is  not  less  then  the  minimum  fixed 
by  the  rules  of  such  board,  and  who  are  otherwise 
eligible ;  and  such  persons  shall  take  rank  upon  the 
register  as  candidates  in  the  order  of  their  relative  ex- 
cellence as  determined  by  examination,  without  refer- 
ence to  priority  of  time  of  examination. 


CITY   CHARTER   OF    1896.  xli 

Sec.  47.  The  board  shall,  by  its  rules,  provide  for  Promotions  in. 
promotions  in  such  classified  service,  on  the  basis  of  vice, 
ascertained  merit  and  seniority  in  service  and  examina- 
tion, and  shall  provide,  in  all  cases  where  it  is  practica- 
ble, that  vacancies  shall  be  filled  by  promotion.  All 
examinations  for  promotion  shall  be  competitive  among 
such  members  of  the  next  lower  rank  as  desire  to  sub- 
mit themselves  to  such  examinations ;  and  it  shall  be 
the  duty  of  the  board  to  submit  to  the  appointing  power 
the  names  of  not  more  than  three  applicants  for  each 
promotion  having  the  highest  rating.  The  method  of 
examination,  and  the  rules  governing  the  same  and  the 
method  of  certifying,  shall  be  the  same  as  provided  for 
applicants  for  original  appointment. 

Sec.  48.  The  head  of  the  department  of  office  in  t^PP*'^fa*S'| 
which  a  position  classified  under  this  act  is  to  be  filled  f^^de"'  ^""^ 
shall  notify  said  board  of  that  fact,  and  said  commission 
shall  certify  to  the  appointing  officer  the  name  and 
address  of  the  candidate  standing  highest  upon  the  reg- 
ister for  the  class  or  grade  to  which  said  position  be- 
longs, except  that  in  cases  of  laborers,  where  a  choice 
by  competition  is  impracticable,  said  commission  may 
provide  by  its  rules  that  the  selections  shall  be  made  by 
lot  from  among  those  candidates  proved  fit  by  examina- 
tion. The  appointing  officer  shall  notify  said  board  of 
each  position  to  be  filled  separately,  and  shall  fill  such 
place  by  the  appointment  of  the  person  certifed  to  him 
by  said  board  therefor,  which  appointment  shall  be  on 
probation  for  a  period  to  be  fixed  by  said  rules.  Said  o  f  "^uccess'^t 
board  may  strike  off  names  of  candidates  from  the  reg- 
ister after  they  have  remained  thereon  more  than  two 
years.  •  At  or  before  the  expiration  of  the  period  of  mtnt!^''^'"*"^ 
probation  the  head  of  the  department  or  office  in  which 
a  candidate  is  employed  may,  by  and  with  the  consent 
of  said  board,  discharge  him  upon  assigning  in  writing 
his  reason  therefor  to  said  board.  If  he  is  not  then  dis- 
charged his  appointment  shall  be  deemed  complete.     To    Heads  of  de- 

.  partments   may 

prevent  the  stoppage  of  public  busmess ;  or  to  meet  ex-  make  tempo- 
traordinary  exigencies,  the  head  of  any  department ments  tn  ex- 
or  office  may,  with  the  written  approval  of   the  board, 


Xlii  CITY   CHARTER   OF   1896. 

make  temporary  appointment,  to  remain  in  force  not 
exceeding  sixty  days,  and  only  until  regular  appoint- 
ments under  the  provisions  of  this  act  can  be  made. 
Employees  in      Sec.  49.  No  officer  Or  employee  in  the  classified  civil 
vice*  not  to^'be  scrvicc  who  sliall  have  been  appointed  under  said  rules 
ce"t°fof  cause  and  after  said  examination  shall   be  removed   or   dis- 
charges."^ ""charged  except  for  cause,  upon  writen  charges  and  after 
an  opportunity  to  be  heard  in  his  own  defence.     Such 
charges  shall  be  investigated  by  or  before  said  Board  of 
Investigations.  Civil  Scrvicc  Oommissioncrs,  or  by  or  before  some  offi- 
cer or  board  appointed  by  said  board  to  conduct  such 
investigation.     The  finding  and  decision  of  such  board 
or  investigating  officer  or  board,  when  appointed  by  said 
Board  of  Civil  Service  Commissioners,  shall  be  certified 
to  the  appointing  officer  and  shall  be  forthwith  enforced 
by  such  officer.     Nothing  in  this   act   shall   limit   the 
Power  to  sus- power  of  any  officer  to  suspend  a  subordinate  for  a  rea- 
sonable  period,    not    exceeding    thirty   days.      In    the 
course   of   an   investigation   of   charges,  each   member 
Authority  to  of  the   commissiou,   and   of    any   board  appointed   by 

produce   per- 

•sons  and  pa-  it,  and  any  officer  so  appointed  shall  have  the 
power  to  administer  oaths  and  shall  have  power  to 
secure  by  its  subpoena  both  the  attendance  and  testimony 
of  witnesses  and  the  production  of  books  and  papers 
relevant  to  such  investigation.  Nothing  in  this  section 
Exceptions,  shall  bc  coustrucd  to  require  such  charges  or  investiga- 
tion in  cases  of  persons  having  the  custody  of  public 
money,  for  the  safe  keeping  of  which  another  person 
has  given  bond. 

Appointments,     Sec.  50.  Immediate   notice  in  writing   shall  be  given 

transfers,    pro-  ^  ° 

motions    and  the  appointing  power  to  said  board  of  all  appointments, 

resignations  to  '^'^  °  *^  '^^  ' 

be  immediately  permanent  or  temporarv,  made  in   such  classified   civil 

forwarded      t  o  ^  f  ^  i 

Board.  service,  and  all  transfers,  promotions,  resignations,  or 

vacancies  from  any  cause  in  such  service,  and  of  the  date 
thereof ;  and  a  record  of  the  same  shall  be  kept  by  said 
board.  When  any  office  or  place  of  employment  is  cre- 
ated or  abolished,  or  the  compensation  attached  thereto 
altered,  the  officer  or  board  making  such  change  shall 
immediately  report  it  in  writing  to  said  board. 

Sec.  5] .  The  board  shall   investigate  the  enforcement 


CITY   CHARTER   OF    1896.  xliii 

•of  this  act  and  of  its  rules,  and  the  action  of   the  exam-    power  of 
iners  herein  provided  for,  and   the  conduct   and  action  quu-e  into  mat- 
•of  the  appointees  in  the  classified  service  in  this  city,  and  tT  ^cuss^fief 
may  inquire  as  to  the  nature,  tenure  and  compensation  ^^'^'''"' 
<of  all  offices  and  places  in  the  public  service  thereof.    In 
the  course  of  such  investigations  each  commissioner  shall 
have  power  to   administer   oaths,  and  said  board   shall 
have  power  to   secure  by  its  subpoena  both  the   attend- 
ance and  testimony  of  witnesses  and   the  production  of 
books  and  papers  relevant  to  such  investigation. 

Sec.  52.  The  board  shall  make  an  annual  report  to  the    Annual  r  e- 
Council  showing   its  actions,  the  rules  in  force  and  the''*"^ ' 
practical  effect  thereof.     The  Mayor  may  require  further 
reports  at  any  time  he  deems  best. 

Sec.  53.  The  Mayor  shall  provide  suitable  rooms  for  Mayor  to  pro- 
theuseofthe   board,   and   it   shall   be   the  duty  of  all 
officers  to  aid  said  board  to   carry  out  the  provisions  of 
this  act.     The  Council  shall  appropriate  a  sufficient  sum    council    to 
of  money  each  year  to   fully  carry  out  the  purpose  for  lluutl.''^^''^' 
which  the  board  is  created. 

Sec.  54.  No   person   or   officer  shall  wilfullv  or  cor-     information 

'  .  '  to       candidate 

ruptly  by  himself  or  in  co-operation  with  one  or  more '">"  examination 

or        corruptly 

other  persons,  defeat,  deceive  or  obstruct  any  person  in  marking  result 

•^  of  examination 

respect  to  his  or  her  right  of  examination,  or  corruptly  prohibited, 
or  falsely  mark,  grade,  estimate  or  report  upon  the  ex- 
amination or  proper  standing  of  any  person  examined 
hereunder,  or  aid  in  so  doing,  or  wilfully  or  corruptly  • 
make  any  false  representation  concerning  the  same,  or 
concerning  the  person  examined,  or  wilfully  or  corruptly 
furnish  to  any  person  any  special  secret  information 
for  the  purpose  of  either  improving  or  injuring  the 
prospects  or  chances  of  any  person  so  examined,  or  to 
be  examined,  being  appointed;  employed  or  promoted. 

Sec.  55.  No  officer  or  employee  of  this  city  shall  solicit    officers  and 

T  -1  •      T         .1  .  ,        .  employees  pro- 

directly  or  indirectly  or  receive  or  pay  or  be  in  any  man-  hibued  tr  o  m 

T    .  T    •..  .     .  .  soliciting,      re- 

ner  concerned  in  soliciting,  receiving  or  paying  any  as-  ceiving  or  pay- 

.  ,  .     ,.  .•■,,.  n  ,.    .       ,  !"&  assessment 

sessment,  subscription  or  contribution  for  any  political  f  o  r     political 
party  or  purpose  whatever.  purposes. 

Sec.  56.  No  officer  or  employee  of  such  city  shall  dis-    Employes  ex- 
charge  or  degrade  or  promote  or  in  any  manner  change  cha^rie'^f^r  ^It 


xliv  CITY   CHARTER   OF   1896. 

fusing  t  o  con  the  official  rank  or  compensation   of  any   officer  or  em- 
tribute    money  .  "^ 
or  other  vaiu-  plovee,  Or  promisc  or  threaten  to  do  so ;  for  ffivinsr  or 

able   thing  to  ^  .^;,      ,  -, .  ,         .  ,  J  ft  fo 

political  par-  Withholding,  or  neglecting  to  make  any  contribution  of 
money  or  other  valuable  thing  for  any  party  or  political 
purpose,  or  for  refusal  or  neglect  to  render  any  party  or 
political  service. 
'^ ^appointment     ^^^-  ^^ '  ^^  applicant  for  appointment  in  said  classi- 
prjm'ise^^t°o  ^^^  civil  scrvicc,  either  directly  or  indirectly,  shall  pay 
p''o1ntm°entX  ^^  promlsc  to  pay  any  money  or  other  valuable  thing  to 
promotion,    ^uy  pcrsou  whatcvcr,  for  or  on  account  of  his  appoint- 
ment or  proposed   appointment,  and  no  officer  or   em- 
ployee shall  pay  or  promise  to  pay,  either  directly  or  in- 
directlv,  any  person  any  money  or  other  valuable  thing 
whatever  for  or  on  account  of  his  promotion, 
"^^appolmmfnt     ^^c.  58.  No  applicant  for  appointment  or  promotion 
?e°ceive^r^e  c^  "1  Said  classificd  civil  service   shall   ask  or  receive  a 
°io""^o"*'aV- recommendation  or  assistance  from  any   officer  or   em- 
exa'lnfnatiin"  Pl^yee  ^^  ^^^^  scrvlcc,  Or  of  any  pcrsou,  upon  the  con- 
sideration of  any  political  service   to  be  rendered  to  or 
for  such  person ,  or  for  the  promotion  of  such  person  to 
any  office  or  appointment. 
°fovIrnme*'K     ^EC.  59.  No  pcrsoH ,  wMlc  holding  any   office  in  the 
fnauo"/ "n  o  t  ^*^"^e^^™e^^    ^^     ^^ch.    Gitj,     OT     ill     nomination     for 
o°r  p"romrs?to  o^     whilc     scckiug     a    nomination     for     or     appoint- 
or influence  ^^^^^^    to    any   such   office,    shall     corruptly     use,     or 
sonsinsecur'P^o^i^e  ^^  ^s^'  either  directly  or  indirectly,  any  official 
©"promotion! authority  or  influence  (whether  then  possessed  or  mere- 
ly anticipated)  in  the  way   of  conferring  upon  any  per- 
son, or  in  order  to  secure  or  aid  any  person,  in  securing 
any  office  or  public  ployment,  or  any  nomination,   con- 
firmation, promotion   or   increase   of  salary ;  upon   the 
consideration  or  condition  that  the  vote  or   political   in- 
fluence,   or   action   of    the  last  named  person,    or  any 
other,  shall  be  given  or  used  in  behalf  of  any  candidate^ 
officer  or  party,  or  upon  any  other  corrupt  condition  or 
consideration, 
prohibited     Sec  60.  The  Comptroller   shall  allow  no   claim  for 

from     allow-  •  ^  i  j    •        .i  ut 

ing  claims  services  of  any  person  employed  in  the  public  service 
in*^  vtoiawon  in  violatiou  of  the  provisions  of  this  act.  And  for  this 
of  a?r''**'°"  purpose  the   board  shall  certify  to  the  Comptroller  all 


CITY   CHARTER   OF   1896.  xlv 

appointments  to  offices  and  places  in  the  classified  civil 
service,  and  all  vacancies  occurring  therein,  whether  by 
dismissal,  resignation  or  death,  and  all  findings  made 
or  approved  by  the  board  under  the  provisions  of  sec- 
tion 49  of  this  act,  in  effect  that  a  person  shall  be  dis- 
charged from  the  classfied  civil  service. 

Sec.  61.  Any  person  who  shall  be  served  with  a  sub-  ^^g^^J^^*"  ^^' 
poena  to  appear  and  testify,  or  to  produce  books  and    f""''°°gr| 
papers,  issued  by  the  board  or  by  any  Commissioner,  or    when  ordered 
by   any  board  or  person  acting  under  the  orders  of  the    sion^eciared 
board,  in  the  course  of  an  investigation  conducted  either    meaner. 
under  the  provisions  of  section  49  or  section  51  of  this  act, 
and  who  have  refused  or  neglected  to  appear  or  to  testify, 
or  to  produce  books  and  papers  relevant  to  such  investi- 
gation, as  commanded  in  such  subpoena,  shall  be  guilty 
of  a  misdemeanor,  and  shall,  on  conviction,  be  punished 
as   provided   in   section  62  of  this  act.     Every   person  ^^^^^^ 
who,  having  taken  an  oath  or  made  affirmation  before    «"&.  d^iared 

'  °  perjury. 

said  board  or  a  commissioner  or  officer  appointed  by  the 
board  and  authorized  to  administer  oath,  shall  swear  or 
affirm  wilfully,  corruptly  and  falsely,  shall  be  guilty  of 
perjury,  and,  upon  conviction,  shall  be  punished  ac- 
cordingly. 

Sec.  62.  Any  person  who  shall  wilfully  violate  any  Penalty  for  vio- 
of  the  provisions  of  section  39  to  section  61,  inclusive,  sfons^oract! 
of  this  act,  or  any  rule  promulgated  by  the  Board  of 
Civil  Service  Commissioners,  in  accordance  with  the  pro- 
visions thereof,  shall  be  guilty  of  a  misdemeanor,  and 
shall  on  conviction  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  and  not  more  than  one  thousand  dol- 
lars, or  by  imprisonment  in  the  parish  prison  for  a  term 
not  exceeding  six  months. 

Sec.  63.  If  any  person  shall  be  convicted  under  the  conviction,  to 
next  preceding  section,  any  public  office,  or  place  of  pub-  vlcanV  ° 
lie  employment  which  such  person  may  hold,  shall,  by 
force  of  such  conviction,  be  rendered  vacant,  and  such 
person  shall  be  incapable  of  holding  any  office  or  place 
of  public  employment  for  a  period  of  ten  years  from  the 
date  of  such  conviction. 

Sec.  64.  Prosecutions   for  violations  of  this  act  shall 


Xlvi  CITY   CHARTER   OF   1896.      ^ 

District  Attor-  be  instituted  by  the  District  Attorney  for  the  parish  of 
cHte.°  ''        Orleans  at  the  request  of  the  Board  of  Civil  Service  Com- 
missioners. 
Council  to  pro-      gjjc.  65.  Immediately  upou  this  act  beeominsr   law  it 

vide     appro-  ./       f  » 

pria  t  i  o  n  to 
organize  this  ' 

department,  propriatc  a  sum  of  not  less  than  three  thousand  dollars^ 
to  be  expended  under  the  direction  and  control  of  said 
board  for  the  purpose  of  properly  organizing  this  depart- 
ment and  in  employing  such  experts  as  maybe  necessary 
to  properly  classify  and  systematize  the  offices  and  places 
of  employment  in  this  city  and  the  f ormulati  on  of  proper 
rules  in  accordance  with  the  provisions  of  this  act.  It 
Mayor  to  ap-  shall  be  the  duty  of  the  Mayor,  within  sixty  days  after 

point    com-  •'  J        ^  J  ^ 

mission  with-  this  act  shall  become  a  law,  to  appoint  such  Civil  Service 

in  60  days.  '^^ 

Commissioners,  whose  term  of   office   shall   commence 
from  the  date  upon  which  they  are  appointed. 


BOARD  OF  POLICE  COMMISSIONERS. 

Board  of  Po-      Sec.  66.  The  powers  and  duties  of  the  Board  of  Police 
sieners.        Commissioucrs   shall   remain  as  now  prescribed  by  law, 
except  that  all  appointments  and  promotions  to  positions 
■^and*"promo^  in  the  policc  forcc  (except  that  of  Superintendent)  shall 
t!)°"be°s°  bject  be  made  in  accordance  with  and  subject  to  the  provisions 
to  provisions  ^^  gectious  39  to  64,  inclusive,  and  to  the  rules  and  reg- 
ulations prescribed  by  the  Board  of  Civil  Service  Com- 
missioners ;  in  all  other   respects  the  authority  of  said 
Police  Board  shall  remain  unimpaired. 

BOARD   OF  FIRE   COMMISSIONERS. 

^cfommiisSn!     Sec.  67.  The  powers  and  duties  of  the  Board  of  Fire 

^''^"  Commissioners  shall  remain  as  now  prescribed  by  law,. 

Appointments  cxccpt  that  all  appointments  and  promotions  to  positions 

tlonto^'nTrcein  the  firc  force  (except  that  of  Chief  Engineer)  shall 

to  JrovSns  hc  iu  accordaucc  with  and  subject  to  the  provisions  of 

"^  ^""  Sees,  39  to  64,  inclusive,  and  to  the  rules  and  regulations 

prescribed  by  the  Board  of  Civil  Service  Commissioners ; 

in  all  other  respects  the  authority  of  said  board  shall 

remain  undisturbed. 


CITY  CHARTER  OF   1896.  xlvii 


VII.    recorders'  courts. 
Sec.  68.  There  shall  be  four  police  courts  in  this  city,  Recorders' 

^  Courts,   num- 

to  be  known  as  the  First,  Second.  Third  and  Fourth    ber  of  pro- 

videdand 

Recorders'   Courts.     The  First  Recorder's  Court  shall    jurisdiction 

of  Courts, 

have  jurisdiction  of  that  territory  known  as  the  First 
and  Fourth  Municipal  Districts ;  the  Second  Recorder's 
Court  of  the  Second  and  Third  Municipal  Districts ;  the 
Third  Recorder's  Court  of  the  Sixth  and  Seventh  Mu- 
nicipal Districts,  and  the  Fourth  Recorder's  Court  of 
the  Fifth  Municipal  District. 

Sec.    69.    The   Recorders    shall    be    elected   by  the    Recorders, 
qualified   electors  of  the  city  of  New   Orleans  at  the 
same  time   as  the  Mayor  and  other  municipal  officers ;    Election  and 
they   shall  be  at  least   twenty-five  years  old,  and  shall ^^^''^*=***°°* 
have  the  same  qualifications  required  for  judges  of  the 
city  courts  of  New   Orleans,  and   shall   be   residents  of 
the   districts   over  which   they  have   jurisdiction.     The  ^j,f|g*g^°j  ^^; 
First   and   Second   Recorders  shall   receive  a  salary  of  p'oye^s. 
three  thousand  dollars  per  annum,  and  shall  be  allowed 
each   one   clerk   at   fifteen  hundred  dollars  a  year ;  two 
assistant  clerks  at  one  thousand  dollars  a  year,  and  one 
testimony  clerk,  who  shall  be  a  competent  stenographer, 
at  twelve   hundred   dollars  a  year.     Third  and  Fourth 
Recorders   shall   each  receive  a  salary  of  two  thousand 
dollars  a  year,  and  shall  be  allowed  one  clerk  at  a  salary 
of  twelve   hundred   dollars   a   year,  and  one  testimony 
clerk,  who  shall   be   a  competent   stenographer,  at  one 
thousand  dollars  a  year.    Said  clerks  shall  be  appointed 
by  the  Recorders  and  removed  by  them  at  pleasure. 

Sec.  70.  It  shall  be  the  duty  of  the  testimony  clerks  Duties  of  tes. 
of  such  courts  to  take  down  verbatim  reports  of  all  tes-  """"^  ''^''^^^' 
timony  and  examinations  in  all  cases  where  the  offence 
is  cognizable  in  the  Criminal  District  Court,  or  appeal- 
able to  the  Supreme  Court,  and  cause  same  to  be  signed 
by  the  witness  and  certified  by  the  Recorder,  whose  duty 
it  shall  be  to  forward  same  to  the  Criminal  District 
Court. 

Sec.  71.    The  Council  shall   provide  suitable   rooms,    council  to 

'  provide    suila- 

furniture  and  stationery  for  said   courts,  and  the  Board  bie  rooms,  etc. 


Xlviii  CITY   CHARTER   OF   1896. 

Board  of  Po-  of  Police   Commissioiiers   shall  detail,  subiect  to  such 

lice     Commis-  .  to  t  i       tt 

sioners  to  de- rulcs  as  it  mav  adopt,  four  policemen  to   the  First  and 

tail   officers   t  o  ,^  -,     t^  -,         ,     ,1  ,  -,    . 

Recorder's  Second  Recordcrs'  Courts,  and  two  policemen  to  the 
Third  and  Fourth  Recorders'  Courts,  to  keep  order  and 
execute  the  orders  and  decrees  of  the  Recorders. 

nSoTdTrf  °^  ^^^-  ^^-  The  Recorders  shall  be  removed  for  any  of 
the  causes  enumerated  in  Art.  196  of  the  Constitution, 
in  the  manner  provided  in  Art.  201  of  the  Constitution. 

of  recorS.'""  ^^^-  ^^-  R^cordcrs  shall  have  the  jurisdiction  of  com- 
mitting magistrates,  and  to  enforce  all  valid  city  ordi- 
nances, and  to  try,  sentence  and  punish  all  persons  who 
violate  same.  The}'  and  their  clerks  shall  have  power  to 
administer  oaths,  and  the  Recorders  shall  have  power 
to  compel  witnesses  to  appear  and  testify,  and  to  pun- 
ish for  contempt ;  provided  such  contempt  be  committed 
in  open  court  and  punishment  thereof  shall  not  exceed 
twenty-five  dollars  fine  or  twenty-four  hours  in  jail. 
Fines,  penal-      Sec.  74.  All  fiucs,  penalties  or  forfeiture  imposed  by 

les.e  c.  Recorders  shall  be  collected  by  them,  and  by  them  paid 

daily  to  the  City  Treasurer ;  to  this  end  the  Treasurer 
shall  furnish  to  each  Recorder  a  printed  receipt  book, 
with  marginal  stubs,  and  the  Recorder  shall  give  a  re- 
ceipt from  said  book  to  the  person  paying  same  for  every 
fiiiiC  or  penalty  collected,  stating  therein  the  amount  of 
the  fine  or  penalty,  the  date,  from  whom  collected,  the 
name  of  the  person  fined,  and  for  what  offence,  and 
shall  make  corresponding  entries  on  the  stub  thereof. 
No  person  except  the  Recorder  shall  be  allowed  to  receive 
payment  of  a  fine  or  penalty,  or  give  a  receipt  therefor ; 
nor  shall  any  fine  be  remitted  or  released  save  in  open 
court,  and  entry  thereof  shall  be  made  on  the  minutes 
of  the  court,  and  due  record  shall  be  made  thereof  by 
the  Recorder  in  his  return  to  the  Treasurer.  Said  re- 
ceipt books  and  stubs  shall  always  be  open  for  public 
inspection.  Should  any  recorder  fail,  neglect  or  refuse 
to  comply  with  the  provisions  of  this  section,  he  shall 
be  guilty  of  a  misdemeanor  and  be  punished  by  a  fine 
not  exceeding  five  hundred  dollars,  or  by  imprisonment 
not  exceeding  six  months,  and  shall  be  liable  to  removal 
from  office. 


CITY   CHARTER   OF    1896.  xlix 

Sec.  75.  The  Council  shall,  within  one  week  after  Recorders  pro 
its  organization,  elect  viva  voce  four  persons,  having  the 
same  qualifications  as  the  Recorders,  to  act  as  Recorders 
pro  tern,  in  case  of  the  sickness,  inability,  absence,  sus- 
pension or  removal  of  a  Recorder,  and  they  shall  receive, 
while  so  acting,  the  salary  payable  to  such  Recorder, 
same  to  be  deducted  from  the  salary  payable  to  such 
Recorder. 

VIII. — VACANCIES. 

Sec.  76.  Whenever  a  vacancy  shall  occur  by  reason     vacancies— 

1  •  .  1  /«  „  how  filled. 

of  the   death,  resignation  or   otherwise   in    the  office  of    Mayor. 
Mayor,  it  shall  be  the  duty  of  the  president  of  the  Coun- 
cil to  act  as  Mayor   during   the  unexpired  term,  and,  in 
case  of   the  sickness,  temporary  absence  or  inability  of 
the  Mayor,  the  president  shall  act  as  Mayor  pro  tempore. 

Sec.  77.  When  a  vacancy  shall  occur  by  death  or  comptroller 
otherwise  in  the  office  of  Comptroller  or  Treasurer  it 
shall  be  the  duty  of  the  Council  to  elect  a  citizen  having 
the  proper  qualifications,  not  a  member  of  the  Council, 
to  the  position  thus  vacant,  to  hold  office  for  the  unex- 
pired term. 

Sec.  78.  Whenever  a  vacancy  shall  occur  in  any  office    officers    ap- 
by  the  death  or  otherwise  of  the  officer  appointed  by  the  Mayor  or  eicct- 
Mayor,  or  elected  by  the  Council,    the   Mayor  shall  ap- 
point, or  the  Council    shall   elect,  as  the  case  may  be,  a 
successor  to  serve  the  unexpired  term. 

Sec.  79.  Vacancies  occurring  in  the  office  of  Council-    counciimen 

or    Recorders. 

men  or  Recorder  shall  be  filled  by  election  viva  voce  by 
the  Council  of  a  citizen  having  the  qualifications  required 
for  such  office,  and  such  person  shall  serve  for  the  unex- 
pired term  of  office. 

IX. — OIPEACmiENT   AND   REMOVAL. 

Sec.  80.  The  Mayor,  Comptroller,  Treasurer,  Commis-  impeachment, 
sioner  of  Public  Works,  Commissioner  of  Police  and 
Public  Buildings,  Recorders,  City  Engineer,  City  No- 
tary and  City  Attorney  shall  be  removable,  in  addition 
to  the  causes  provided  for  in  this  act,  for  malfeasance 
in   office,    gross  neglect  of  duty  or   disability  affecting 


1  CITY   CHARTER   OF    1896. 

the  fitness  of  the  oc  cupant  to  fill   and   discharge  the  du- 
ties of  the  position. 

pSii^order°o      ^^^-  ^^'  "^^^^^  i^^all  be  among  the  standing   commit- 
conduct    i  m  -  tees  of  the  Council  a  committee  of  five  members  to  be 

peachmcnt  pro- 
ceedings, styled  ''the  Committee  of  Public  Order,"  which  commit- 
tee shall  be  charged  with  the  duty  of  conducting  the  im- 
peachment of  said  officers  of  the  city,  and  pending  such 
impeachment  and  until  the  final  disposition  thereof,  the 
party  impeached  shall  not  exercise  any  of  the  functions 
of  his  office. 
Court  of  im-      Sec.  82.  The  Council,  excepting  the  five  members  of 
the  Committee  of  Public  Order,  shall  have  full  power  to 
try  all  impeachments,  and  when   sitting  for   that   pur- 
pose, as  a  court  of  impeachment,  the  members  thereof 
shall  be  on  oath  or  affirmation.     The  Mayor  shall   pre- 
side over  said  court,  except  when  on  trial,  in  which  case 
the  president  of  the  Council  shall  preside. 
Order  of  pro-     Sec.  83.  Upou  the  preferring  of  articles  of   impeach- 
loun  o"^i moment  by  the  Committee   of  Public  Order,  or  by  any  six 
peac  men  .      members  of  the  Council,  or  of  twenty  citizens,  or  by  the 
Mayor,  the  accused  shall  be  placed  on  trial  within  thirty 
days  from  the  -'notification  of  said   charges  to  the  party 
impeached,  and  no  person  shall  be  convicted  without  a 
vote   therefor  of  ten  members  of   said   Council.      The 
Mayor  shall  not  have  the  right  to  vote  in  the  final  judg- 
ment. 
Judgment.         Sec.  84.  Judgmcuts,  in  cases  of   impeachment,  shall 
not  extend   further  than   removal  from  office   and  dis- 
qualification  from  holding  any    office  under  the   City 
Charter;  but  the  party  convicted  shall  be  liable  to  in- 
dictment, trial  and  imprisonment,  according  to  law. 

Power  of  Sec.  85.  That  in  addition  to  the  power  of  removal  by 
move  by  a  two- way  of  impeachment  the  Council  shall  have  power  tore- 
move  at  any  time  from  office  any  officer  of  the  corpora- 
tion elected  by  them,  by  resolution  declaratory  of  its 
want  of  confidence  in  said  officer ;  provided,  that  two- 
thirds  of  the  members  elected  to  said  Council  shall  vote 
in  favor  of  said  resolution. 


CITY   CHARTER   OF    1896. 


X. — FRANCHISES. 

Sec.  86.  Every  ordinance,  resolution  or  order  grant- 
ing a  franchise  to  any  person  or  corporation,  after  hav- 
ing been  introduced  in,  considered  and  passed  by  the 
Council  in  the  manner  provided  for  other  ordinances, 
shall  be  published  in  full  in  the  official  journal  for  two 
weeks,  and  thereafter  shall  be  transmitted  to  the  Mayor, 
whose  duty  it  shall  be  to  cause  the  Comptroller,  Treas- 
iirer,  Commissioner  of  Public  Works,  Commissioner 
of  Police  and  Public  Buildings  and  City  Engineer  to 
publicly  assemble  in  the  Council  chamber  to  consider 
and  pass  upon  such  ordinance,  resolution  or  order,  and 
they,  or  any  four  of  them,  may  approve,  amend  or  reject 
the  same,  but  no  such  ordinance,  resolution  or  order  so 
amended  shall  be  considered  finally  passed  until  any  and 
all  amendments  shall  have  been  concurred  in  by  a  vote  of  a 
majority  of  the  members  elected  to  the  Council,  as  shown 
by  the  ayes  and  nays  called  and  recorded ;  or  unless  such 
amendments  be  withdrawn  or  modified,  after  conference, 
by  a  vote  of  four  such  officers  and  concurred  in  by  a 
majority  of  the  Council  electe.d,  as  shown  by  the  ayes 
and  nays  called  and  recorded.  Thereafter  such  ordi- 
nances, resolutions  or  orders  so  passed  shall  be  trans- 
mitted to  the  Mayor  for  his  consideration,  and  if  same 
meets  with  his  approval  he  shall  sign  and  publish  same, 
and  it  shall  have  the  effect  of  law.  But  if  he  disapprove 
of  same  he  shall,  wdthin  five  days  of  the  time  he  receives 
same,  return  same  to  the  Council  and  to  such  officers  so 
assembled,  with  his  objections  in  writing,  and  if  two- 
thirds  of  the  members  elected  lo  the  Council  and  four  of 
such  officers  shall  adhere  to  such  ordinance,  resolution 
or  order,  notwithstanding  said  objection,  then,  and  not 
otherwise,  said  ordinance,  resolution  or  order  shall,  after 
publication,  have  the  form  of  law.  For  the  purpose  of 
considering  all  such  matters  the  Mayor  shall  assemble 
said  officers  at  sufficiently  frequent  stated  periods,  and 
they  may  grant  hearings  on  such  occasions  to  persons 
interested.  In  case  the  Mayor  shall  fail  to  return  said 
ordinance,    resolution  or  order  within   five  days,  or   at 


Providing  man- 
ner of  adop- 
tion of  ordi- 
nances grant- 
ing franchises 
to  persons  or 
corporations,' 
and  further, 
providing  for 
the  consulta- 
tion by  the 
Mayor  with 
other  execu- 
tive    officers. 


lii  CITY   CHARTER   OF   189G. 

the  next  session   of  the   Council   after  five  days,  such 

failure  shall  operate  as  a  veto, 
f  i^r^Hihtinl  ^^c.  87.  No  franchise  shall  hereafter  be  granted,  re- 
polai^oA'ewer-  ^i^wcd,  extended  or  disposed  of  for  lighting  streets  or 
oro^he?%''a1f ^  P^^^^^  places,  or  disposal  of  sewerage  or  garbage,  or  any 
coJuracts  'aT^  large  and  valuable  franchise  similarly  affecting  the 
heakh^or^com^  P^^^^^  health  or  comfort,  or  for  the  operation  of  any 
d^r  o"sed  o^ ex- ^^^^^^  ^^  ^^^^  railroad,  except  after  three  months'  publi- 
months  "VS  ^^^^^^  ^^  *^^  official  joumal  of  the  terms  and  specifica- 
ation  of  terms  tions   of    Said    franchise,    and    after    same    has    been 

and     specinca-  ' 

tions.  adjudicated    by  the    Comptroller    as   provided  in  Sec. 

beh^'roidh-rn'^ll^  of  tMs  act  to  the  highest  bidder;  provided,  that  no 
solrfo  pe'^sons  street  railroad  or  belt  railroad   franchise   shall  be  sold 
e^^'^pwcentfge  ^^^^P^  ^^  ^^^  person,  corporatiou  or  corporations  offer- 
i*ngf.'^°**  ^""  ^^S  the  highest  percentage  of  gross  annual  receipts  to 
be  derived  from  such  franchise  during  the  term  thereof, 
and  said  percentage  shall  be  estimated  on  the  gross  an- 
nual income  derived  from  such  franchise  after  deducting 
only  all  taxes  paid  by  such  person  or  corporation  to  the 
city  and  State  by  reason  of  the  ownership  or  operation 
of  said  franchise. 
Officers  of     Sec.  88.  lu  ordcr  to  ascertain  the  amount  due  the  city 
p°/es'enT  toby  such  grantee  or  assigns,  such  person,  or  if  it  be  a 
annual  state  corporation  the   president,    or  in  his   default  the  vice 
earnings  of  president  or   secretary,  annually   on    the   1st    day   of 
company.         Novcmbcr,  iu  cach  and  every  year,  shall  make  to  the 
Comptroller  statement  under  oath,  showing  the  gross  in- 
come derived  from  such  franchise,  giving  in  detail  the 
items  and  sources  thereof,  and  also  showing  the  deduc- 
tions claimed  for  taxes  actually  assessed  and  paid.     And 
the  Comptroller,  or  clerk,  or  clerks,  or  experts  designated 
by  him  shall  have  free  access  to  all  of  the  books,  papers 
and  documents  of   such  person  or  corporation  for  the 
purpose  of  computing  and  verifying  said  statement  and 
ascertaining  the  amount  due  the  city. 
Penalty  for     Sec.  89.  Auy  pcrsou  who  shall  make  or  cause  to  be 
^We"^in  books  made,  or  assents  to  any  false  entry  in  the  books  of  any 
defraud  c^ty.  or  corporation,  firm  or  person  operating  a  street  railroad 

hibu 'bloks  and  or  belt  railroad,  with  intent  to  defraud  the  city  or  de- 
documents     to,.,,,  .  ,        n  -j^lT-J. 

Comptroller,     privc  it  wholly  or  m  part  of  any  sum  justly  due  it,  or 


CITY  CHARTER  OP  1896.  liii 

shall  refuse  to  exhibit  books,  papers  and  documents 
when  called  upon  to  do  so  by  the  Comptroller,  or  his 
■desigi*ated  clerk  or  clerks,  or  shall  wilfully  omit  any 
item  of  income  from  books,  shall  be  punished  by  a  fine 
of  five  hundred  dollars,  or  by  imprisonment  not  less 
than  one  nor  more  than  five  years,  or  both,  at  the  dis- 
cretion of  the  court. 

Sec.  90.  Whoever    shall   falsely   make   oath   to    the    Penalty  for 

o<  mukiiig      false 

verity  and  correctness  of  any  statement  required  by  Sec.  oath. 
88  of  this  act,  or  shall  counsel,  assist  or  abet  any  person 
to  make  false  oath  to  such  statement,  shall  be  guilty  of 
perjury  and  punished  as  provided  by  law. 

Sec.  91.  The  sum  due   the  city  for  its  percentage  of    Date  when 

•T         1      11   1         T  1  •     -1  1  percentage     of 

gross  income  as  aforesaid,  shall  be  due  and  exigible  on  city  shaii  be 

the  first  day  of  November  of   each   year,  and   shall   be 

secured  by  a  first  privilege  upon  all  of  the  property  of 

the  aforesaid  person,  firm  or  corporation,  and  if  not  paid 

within  ten  days  of  that  date  it  shall  be  the  duty  of  the  To  he  secured 

Comptroller  to  have  recorded   in   the  Mortgage  Office    gage  prm- 

his  certificate    showing  the  amount  thereof,  and    such    eriy  of  cor- 

c  •     -1  poration     or 

recordation  shall  operate  as  a   first  privilege  on  all  the    person. 
property  used  in  the  operation  of   such  franchise,  and  comptroller  to 
shall  rank  all  other  mortgages  and  privileges  regardless    in  Mortgage 
of  the  date  of  their  recordation,  except  taxes  due  to  the 
city  and  State,  and  such  sum  shall   bear  interest  at  the   lllfqifency. 
rate  of  2  per  cent,  per  month  from  November  1st  until 
paid.      And  if   said  amount  be  still  due  and  unpaid  on  f  o  r'c°o'i!lct\on! 
January  1st  next  ensuing,  the  Comptroller  shall  cause 
the  said  property  to  be  advertised  for  thirty  days   and 
shall  sell  same  to  the  highest  bidder  for  cash,  and  should 
said  sale  not  realize  sufficient  to  pay  the  amount  due  to 
the   city   said   franchise   shall   without  further   act  be 
deemed  and  held  forfeited  to  the  city,  which  shall  have 
the  right  to  again  dispose  of  same  as   provided  in    sec- 
tion 87,  to  any  other  person  or  corporation. 

XI. — REVENUES   AND   EXPENDITURES. 

Sec.  92.  That  the  Council  of  the  city  of  New  Orleans  Taxes,  when 
shall,  for  the  purposes  ot  this  act,  once  at  the  firsti^vy?*^'' *''*^* 
regular  meeting   in  the  month   of   December,  and   not 


liv  CITY   CHARTER   OF   1896. 

ofteuer,  in  each  and  every  year,  levy  an  annual  and  uni- 
form tax  upon  all  property  in  said  city,  as  prescribed 
and  under  the   limitations  imposed   in   this  act,  for  the 

^\*"kb1e^  *"*^  ensuing  year,  which  said  taxes  shall  be  due  and  payable 
at  the  office  of  the  Treasurer,  under  such  regulations  as 
the  Comptroller  may  establish,  from  the  first  day  of 
When  deiin-  Juuc  to  the  first  day  of  August,  inclusive,  at  the  ex- 
piration of  said  date,  first  day  of  August,  said  taxes  shall 
^"*  *^*  become  delinquent ;  there  shall  be  and  is  hereby  im- 
posed an  interest  penalty  of  10  per  cent,  per  annum  on 
the  amount  of  the  tax  due,  which  shall  be  collected  by 
the  city,  together  with  and  in  the  same   manner  as  the 

coliicu  to*?m- 1^^»    ^^d  ^t  its  fi^st  regular  meeting  in  December,  and 

pose.  Qjj  ^Yie   same   day  annually   thereafter,  shall  impose  an 

annual  license  tax  on  trades,  professions  and  callings  as 
herein   prescribed ;  said   licenses   to  expire  on  the  31st 

When  payable.  (Jay  of  Deccmbcr,  in  the  year   in   which   they    were  ob- 
tained, and  which  license  tax   shall  be  due  and  payable 
at  the  office  of  the  Treasurer,  from  the  first  day  of  Jan- 
uary to  the  28th  day  of  February,  inclusive. 
Budget.  Sec.  93.    That  the    Council   shall,    once    in   twelve 

months,  before  fixing  and  deciding  upon  the  amount  of 
taxes  and  licenses  to   be  assessed  for  the  ensuing  year, 
,  cause  to  be  made  out  a  detailed  estimate,  exhibiting  the 

Estimated  '  ^ 

statement  oi  yarious  itcms  of  liability  and  expenditures,  including  the 

receipts  and  ^  r  o 

expenditures  rcquisitc  amouut  for  all  expenses  during  said  year,  and 
lished  tor  ten  shall  causc  the   samc   to  be   published  for   at  least  ten 

days.  ' 

days,  in  the  official  journal  of  the  city,  and  such  rate 
of  taxation  as  provided  by  law,  on  every  hundred  dollars 
of  valuation,  shall  thereafter  be  fixed  and  assessed  as, 
together  with  other  revenues  of  the  city,  maybe  neces- 
sary to  meet  said  estimated  liabilities  and  expenditures. 
Comptroller  or  The  adoptiou  of  Said  detailed  estimates  shall  be  consid- 

Treasurer  '■ 

prohibited ered  as  the  appropriation  of  the  amount  therein  stated, 

fromwar-  rr-r-  7 

ranting  or  for  the   purposc   therein   stated,    and  the   Comptroller 

paying,  until  '        "^ 

adoption  of  shall  not  audit  nor  shall  the  Treasurer  draw  or  sign  any 

ap  propria-  . 

t«on.  checks  upon  the  fiscal   agent  therefor,    of   any  claims 

unless  an  appropriation  therefor  has  been  duly  made  in 
accordance  with  this  act. 

Sec.  94.  The  Council,  in  fixing  the  budget  of  revenue 


CITY   CHARTER   OF    1896.  Iv 

and  expenses,  as  herein  provided  for,  shall  not  consider  council  not  to 

•  n  consider  mis- 

and  adopt  as  a  revenue,  miscellaneous  or  contingent  re-    ceiianeons  or 

.contin  gent 

sources,  and  affix   thereto   either  arbitrary   or  nominal    resources   in 

budget  of  re- 
value or  amount ;  but  whenever  such  resources  are  con-    ceipts. 

sidered  and  adopted  they  shall  be  estimated  on  a  real  and 

substantial  basis,  giving  the  source  whence  to  be  derived, 

a  specific  sum  to  be  received  from  each  item  thereof  and 

no  more.      The   Council  is  hereby  prohibited  from  esti-  Revenues  to  be 

"^    ^  reserved    for 

mating  for  expenditures  to  be  derived  from  any  uncer-    the  public 

tain  or  indefinite   source,    cause  or   circumstance;    but    improve- 
ments, 
the  Council  shall,  by  proper  ordinances,  provide  for  the 

receipt  and  disbursement  of  any  sums  of  money,  inter- 
ests, rights  or  credits  that  may  accrue  to  the  corporation, 
by  behest,  grant  or  any  cause  whatever ;  and  all  such 
sums,  rights,  interests  or  credits  so  received  shall  be 
and  are  hereby  appropriated  for  the  purpose  of  the  pub- 
lic works  and  improvements,  the  manner  and  details  of 
such  appropriations  to  be  ordered  by  the  Council. 

Sec,  95.  The  Council  shall  not,  under  any  pretext  Reserve  Fund, 
whatever  appropriate  any  funds  for  the  government  of 
the  corporation  to  the  full  extent  of  the  estimated  rev- 
enues, but  shall  reserve  20  per  cent,  of  said  estimated 
revenues,  which  reserve,  and  all  sums,  rights,  interest  ^p"iat*ions,^'°" 
and  credits  received  from  miscellaneous  or  contingent 
sources,  shall  be  appropriated  by  the  Council,  for  the 
purpose  of  public  improvements,  as  herein  provided  for. 

Sec,  96.  That   all   the  real  and  personal  property  in  ^'ect'lo  taxa"- 
the  city  of  New  Orleans,  whether  owned  by  individuals    """• 
or  corporations,  shall,  for  the  purposes  of  this  act,  be 
liable  to  taxation,  subject  only  to  the  exemptions  in  the 
Constitution    of  this   State ;  the  terms  of  real  estate  as  Real  estate. 
used  in  this  act  shall  be  construed  to  include  land  and 
all  buildings,  machinery  and  structures  of  every  kind, 
erected  upon  or  affixed  to  the  same,  all  immovable  prop- 
erty, whether  so  by  nature  or  destination ;  the  term  per-    e^y?*  ^"^"^ 
sonal  property  shall  be  construed   to   include  all  house- 
hold  furniture,    moneys,   jewelry  and  plated  goods  or 
wares,    goods,    chattels,    incomes,    debts  from  solvent 
debtors,    whether   on  account,  contract,  note,  due  bill, 
bond  mortgage,  certificate  sale,  stock  or  share  of  stock 


Ivi  eiTY   CHARTER   OF   1896, 

in  any  incorporated  bank,  railroad  or  other  institutions, 
certificate,  or  any  other  obligations,  public  stock,  all 
stocks,  moneyed  or  otherwise,  and  general  property 
which  is  not  real  and  known  to  the  law  of  the  State  as 
Income.  movablc  ;  the  term  income  shall  be  construed  to  include 

all  moneys,  salaries,  wages,  pay,  commissions,  broker- 
age and  fees  received  in  compensation  for  labor  and 
services  rendered,  all  revenues  and  dividends  received 
upon  stocks  in  moneyed  corporations  not  already  taxed. 

XII. — PUBLIC  IMPROVKMENTS. 

Paving  un-      ^ec.  97.  Whenever  one-fourth  of  the  owners  of  real 

ipaved  streets  or 

banquettes.      property   fronting   on   any  unpaved    or    unbanquetted 
street  in  the   city  of  New  Orleans   shall,  by  petition 
signed  by  the  petitioner  or  petitioners,  and  addressed  to 
the  Council  of  said  city,  asking  for  the  paving   or  ban- 
of"p°rVp^e  r  °y  qucttiug  of   Said   street   or  any  portion  thereof,  setting 
p^sentld '''ind  f  orth  thc  character  or  quality  of  said  pavement  or  of  said 
published.       banqetting,  said   Council   shall   have  said  petition  pub- 
lished in  English  in  the  official  journal  of  said  city  for 
Protests,  when  and  duriug  four  weeks,  once  in  each  week,  and  if  at  the 
sideredT  *^°°  cxpiratiou  of  said  publication  so  made  of  said  petition  a 
majority  of  the  owners  of  real  property  fronting  on  said 
streets  or  said  portions   thereof  shall  not,  by  memorial 
signed  by  memorialist  or   memorialists  and  addressed 
to    said     Council,    object    to    the     same,     said    Coun- 
cil    shall,    by     resolution    or     otherwise,     order    said 
paving   or   said  banquetting   so   petitioned    for.  to    be 
made,    in    accordance     with     section  116   of    this   act. 
'^ s^Jeeter""'"^  The  cost  of   said  paving  shall   be   borne,    three  fourths 
by   owner   or   owners    of     real     property   fronting   on 
said   pavement   in   case   of   ordinary   streets   and   two- 
thirds  in  case  of  neutral  ground  streets  in  equal  propor- 
tions  according  to  the  running  foot  front,  and  the  cost 
of  one-fourth  or  one-third  as  the  case  may  be,  of   said 
pavement  in  front  of  private  property  and  whole  of  in- 
tersections shall  be  borne  by  the   city.     The  property 
portion  to  constitute  a  first  privilege  superior  to  vendor's 
■coft^of To *b^e  lien   or   any   other  privilege  or  mortgage.     The  whole 
«rt?owL?s.'"''  cost  of  banquetting  to  be  borne  by  real  estate  fronting 


CITY   CHARTER   OF    1896.  Ivil 

on   said   banquette   in    equal    proportions.     Upon    the    Terms,  when 
petition   of  real  estate  owners  asking  that  payments  be  for. 
provided  for  their  portion. of  cost  in  one,  two  and  three 
equal  installments,  the  Council  may  advertise   for  bids 
upon  said  terms,  and  contract  for  said  paving,  say  one- 
third  payable  in  cash  and  balance  in  one  and  two  years, 
and   providing  that   six  per  cent,  interest  be   paid  on 
such   deferred   payments,    and   that   the   lien  on   such 
property  shall  remain  in  force  for  the  amount  due  for 
prmcipal  and  interest  till  final  payment  is  made ;    pro-      Neutral 
vided,  that  nothing  herein  shall  be  construed  as  affect- ^'^°""  ^'^'^' 
ing  act  75,  approved  March  30,  1876,  as  to  the  paving  of 
neutral   grounds,    or   streets  adjacent   to  the  levee,  or 
other  parts  of  said  statute  not  inconsistent  with  this  act. 

Sec.  98.  Whenever  one-fourth  of  the  owners  of  real    change    o  f 

pavements. 

property,  fronting  on  any  paved  or  banquetted  streets 
of  this  city,  shall  by  petition  signed  by  the  petitioner  or  what  manner 
petitioners,  and  addressed  to  the  Council  of  said  city,  considered, 
ask  for  new  paving  or  a  new  banquetting  of  said  street, 
or  of  any  portion  thereof,  of  a  character  different  from 
the  then  existing  pavement  or  banquettes  of  said  street, 
or  of  -said  portion  thereof,  and  setting  forth  in  said  pe- 
tition the  character  and  quality  of  said  new  pavement, 
or  of  said  new  banquetting,  the  Council  shall  cause 
.said  petition  to  be  published  in  the  manner  set  forth  in 
the  above  section,  and  if,  at  the  expiration  of  said 
publication  so  made  of  said  petition,  a  majority  of  the 
owners  of  said  real  property  fronting  on  said  street,  or 
on  said  portion  thereof,  shall  not  by  petition  or  other- 
wise signed  by  the  petitioner  or  petitioners,*  and  ad- 
dressed to  said  Council,  object  to  the  same,  said  Council 
shall,  by  resolution  or  ortherwise,  order  said  new  pave- 
ment or  said  new  banquetting  so  petitioned  for  to  be 
made   in   accordance  with   section   116  of  this  act:  the^ 

'  Cost  of,  to  be 

whole  cost  of  said  new  pavement  or  of  said   new   ban-    ^^"^^  ^y  ^^e 

^  property  own - 

quettmg,  so  made  as   aforesaid,  shall  be  borne   by  the    ««. 
owner  or  owners  of  said  real  property  fronting  on  said 
new  pavement  or  said  new  banquettes,  in  equal  propor- 
tions, according  to  the  running  front  foot,  cost  of  inter- 
sections to  be  paid  by  city. 


Iviii  CITY   CHARTER   OF   1896. 

Opening  and      Sec.  99.  That  whenever   one-fourth  of  the  owners  of 

straight  e  n  i  n  g 

of  streets.  real  property,  situated  in  the  city  of  New  Orleans,  shall 
by  petition  signed  hy  petitioner  or  petitioners  and  ad- 
dressed    to     the     Council     of     said     city,     ask     for 

Manner  of  .  .  ''  ' 

procedure.  the  Opening  or  straightening  of  a  street  or 
streets  through  their  property  and  through  other 
property  adjacent  thereto,  setting  forth  in  said  peti- 
tion the  length,  width  and  direction  of  said  street  or 
streets,  together  with  the  description  of  said  adjacent 
real  property  and  the  names  of  the  owners  thereof,  said 
Council  shall,  if  it  deems  the  same  for  the  public  benefit, 
cause  said  petition  to  be  published  as  provided  in  8ec. 
97,  and  if  at  the  expiration  of  said  publication  so  made 
of  said  petition,  a  majority  of  tlie  owners  of  said  other 
adjacent  property  shall  not,  by  petition,  signed  by  the 
petitioners  and  addressed  to  said  Council,  object  to  the 
same,  said  Council  shall,  by  resolution  or  otherwise,^ 
order  said  street  or  streets  so  petitioned  for  to  be 
opened,  widened   or   straightened,  under  and  in  accord- 

cost  of.  ^jj^g  ^j^jj  existing  laws,  and  the  whole  cost  of  said  open- 
ing, widening  and  straightening  of  said  street  or  streets, 
so  made  as  aforesaid,  shall  be  borne  by  the  owners  of 

Petitions  for  the  propcrtj^  benefited  by  the  same;  provided,  that  no 
sented  in  cer- petition  for  opcuing,  widening  or  straightening  streets 
shall  be  presented  to  the  Council  during  the  months  of 
July,  August  and  September. 

Cost  of  pub-      Sec.  100.  All  cost  of  publication  of  petitions,  as  re- 

lication  of  pe-  '  '■ 

titions.  quired   by   seiitions  97,    98  and  99  of  this  act,  shall  be 

pr^p*ir*ty'%wn^  P^i<^  ^V  ^^^  sigucrs  of  the  same,  and  the  majority  of 
ers  defined.  owucrs  "withiu  meaning  of  sections  97,  98  and  99  of  this 
act  shall  be  construed  to  be  the  owner  or  owners  of  a 
majority  of  running  feet  of  real  property  fronting  on 
the  street  or  portion  of  street  to  be  paved,  banquetted, 
or  new  paved  or  new  banquetted  in  accordance  with 
sections  97  and  98  of  this  act,  and  further,  the  majority 
of  owners,  within  the  meaning  of  section  99  of  this  act, 
shall  be  construed  to  be  owner  or  owners  of  a  majority 
in  assessed  value  of  the  property  to  be  affected  by  the 
opening,  widening  or  straightening  of  a  street  or  streets 
in  accordance  with  section  99  of  this  act. 


CITY  CHARTER   OP   1896.  llX 

Sec.  101.  All   paved    or   unpaved    streets    and    un-    Repairs  of 
paved  banquettes   in  the  city  of  New  Orleans  shall   be  queues, 
kept  in  repair  by  said  city,  and  all  paved  banquettes  in 
said  city  shall  be  kept  in  repair   by  the   owners  of  real 
property  fronting  thereon. 

Sec.  102.  The  City  Council  of  New  Orleans  may,  in    Right    of 

.  •'  ''  ^         Council  to  pave 

its  discretion,  provide  for  the  paving  of  any  street,  or  streets, 
portion  thereof,  at  the  expense  of  the  whole  city,  or 
may  force,  impose  and  collect  of  the  front  proprietors 
of  lots  fronting  on  said  street  or  streets,  a  special  as- 
sessment in  proportion  to  frontage  of  three-quarters  of 
the  cost  of  said  improvement  in  case  of  ordinary  streets, 
and  two-thirds  the  cost  thereof  in  case  of  neutral  ground 
streets,  and  such  local  assessments  shall  have  a  first 
privilege  superior  to  vendor's  lien  and  privilege  and 
over  all  other  privileges.  The  other  one-fourth  or  one- 
third,  as  the  case  may  be,  in  addition  to  intersections, 
to  be  paid  by  the  city. 

Sec.  103.  The  Council  may,  in  its  discretion,  provide  ^Right    of 

•^  '  '   "^  Council  to  pave 

for  the  paving  of  any  banquette  or  sidewalk,  seven-  banquettes, 
eighths  of  the  whole  cost  including  intersections,  to  be 
paid  for  by  the  front  proprietors  in  proportion  to  the 
frontage  owned  by  such,  upon  completion  of  the  paving, 
and  the  remaining  one-eighth  to  be  paid  for  by  the  city. 
The  cost  of  said  banquette  or  sidewalk  shall  have  a  first 
privilege,  superior  to  vendor's  lien  and  privilege,  and 
over  all  other  privileges  and  mortgages  on  the  property 
fronting  on  said  sidewalk. 

Sec.  104.  A  two-thirds  vote  of  the  City  Council  shall  Two-third  vote 
be  necessary  to  pass  any  paving  or  banquetting  ordi-  necessar^Vn- 
nance  falling  within  the  provisions  of  the  two  preceding  and  fo^!*'  '°* 
sections,  and  whenever  the  Council  shall  deem  it  neces- 
sary to  take  such  action  notice  of  said  intention  shall  Nature  of  in- 
be  published  in  the  official  journal  once  a  week  for  f our  puwTshed?  ^^ 
weeks,  no  further  notice  being  required;  provided,  a  Majority  of 
majority  of  the  property  holders,  in  number  and  meas-  ers°  mav  de^igl 
urement,  on  the  street  or  sidewalk,  or  part  thereof ,  kfnd ''oy'pave' 
sought  to  be  paved  or  banquetted,  shall  have  the  right  Sing''wi''th"n 
to  designate  the  particular  kind  of  banquette  or  pave-  ^'''^^  ''^^''" 
ment  and  material  to  be  used  in  banquetting  or  paving, 


Ix  CITY   CHARTER   OF    1896. 

by  petitioning  the  Council  therefor,  within  sixty  days 
after  the  expiration  of  the  four  weeks'  publication  above 
provided   for.     Whenever    the    Council    exercises    the 
powers  vested  in  it  by  this  and  the  two  preceding  sec- 
tions, it   shall  in  all  cases  provide  that   the   property 
holders'  proportion  of  the  cost  of  paving  shall  be  paid 
on  terms  not  less  favorable  than  one-third  cash,  and  the 
balance   in   one   and   two   years ;    and    the    certificates 
issued  by  the  City  Engineer  for  the  paving  or  banquet- 
ting  shall  bear  six  per  cent,  interest  per  annum  from 
date  until  paid ;  provided  that  the  right  is  reserved  to 
property  owners  to  pay  cash  in  full  at  any  time. 
*^ adores" wrh-     ^^^'  ^^^-   ^^^  ^^^  cascs  where  it  is  proposed  to  pave 
*^ro"°*e"t*°^^y  street,  whether  upon  the  petition  of  the  property 
°^^^rsj>^  ■^"^- owners  ot  in  the  discretion  of  the   Council,  it  shall  be 
pa.ve  street,    the  duty  of  the  Comptroller  to  address  a  written   notice 
to  all  property  holders  upon  said   street,  who  appear  to 
be    such   by  the  last  completed   assessment  roll;    said 
notice   shall  state  that  it  is  proposed  to   pave  the  street 
and  to  levy  upon   the  front   proprietor  an  assessment 
to  pay  his  proper  proportion  of  the  cost  thereof,  and  it 
.  shall  be  sufficient  to  mail  said  notices  addressed  to  the 
property  holder,  city  of  New  Orleans,  without  designa- 
tion of   street  or  number;  this  provision,  however,  is 
merely  directory,  and  the  failure  to  send  such  notice  by 
the  Comptroller  shall   not  invalidate   any  paving  ordi- 
Faiiure  of uaucc,  rcsolutiou   or  contract;  but   should  the   Comp- 
send  notices,    trollcr  fail  to  scud  any  such  notices  he  shall  be  deemed 
guilty  of  nonfeasance  in  office  and  liable  to  removal. 
The  Comptroller  shall  keep  in  his  office  a  proper  record 
of  the  mailing  of  such  notices. 

XIII. — MISCELLANEOUS   PROVISIONS. 

Ineligibility  of  Sec  106.  No  member  of  the  City  Council  shall  hold 
Co^cT  °  any  other  employment  or  office  under  the  government 
of  the  city  of  New  Orleans  while  he  is  a  member  of  said 
Council ;  and  no  member  of  the  Council  or  any  other 
officer  or  employee  of  the  corporation  shall  be  directly 
or  indirectly  interested  in  any  work,  business  or  con- 
tract, or  the  profits  which  might  be  derived  therefrom 


CITY   CHARTER   OF    1896.  Ixi 

the  expense,  price  or  consideration  of  which  is  paid 
from  the  City  Treasury,. or  by  any  assessment  levied  by 
any  ordinance  or  resolution  of  the  Council,  nor  shall  be 
surety  for  any  person  having  a  contract,  work  or  busi- 
ness with  said  city  or  any  of  its  departments  for  the 
performance  of  which  security  may  be  required,  nor' 
shall  be  surety  for  any  officer  or  employee  under  this 
corporation. 

Sec.  107.  All  the   officers   and  members  of  the   citv    Absence    of 

'officers     and 

government  are  required  and  commanded  to  attend  per-  me,,  bars  of 
sonally  to  the  duties  of  their  office,  and  are  prohibited  mem    without 

<»  1  •!  ^  o  i-«-vT/"vi  permission     of 

from  absenting  themselves  from  the  city  of  New  Orleans  Council  p  r  o  - 

unless   by   due   permission  of  the  Council,   previously 

granted,    for   reasonable   causes  stated   and   approved. 

They  shall  keep  their  office  open  from  nine  o'clock  in  office  hours. 

the  morning  until  four  o'clock  in  the  evening,  and  shall 

require   their  employees   and  clerks  to  be  and  remain 

there  during  those  hours. 

Sec.  108.  No  person  shall  hold  more  than  one  office    officers  pro- 
of profit  in  any  department,  and  no  person  shall  hold  holding    more 
any  office  of  profit  under  this  city  government  while 
holding   any   other  office   of  profit  or  trust  under  the 
United    States,    or   State   of  Louisiana,    except   in   the 
militia,  or  that  of  notary  public. 

Sec.  109.  No  officer  or  employee  under  this  govern-  officers,  and 
ment  shall  receive  or  share  in  any  present,  tee,  gift  or  hi^i'S^Tr''o'm 
emolument  for  official  services  rendered,  or  to  be  ren- enu'/felsf gift 
dered,  other  than  his  regular  salary  or  pay,  and  for  vio-  °>- «'^oi«'"'«'>t«- 
lation  of  this  provision  such  officer  or  employee  shall  be. 
liable  to  removal  or  dismissal  by  the  proper  authorities. 

Sec.  110.  No  officer  or  employee  shall  be  a  member  officers  and 
of  or  delegate  to  any  political  committee  or  convention ;  hibite^asm^em' 
any  violation  of  this  provision  shall  work  a  forfeiture  of  gites  t°o'pS-' 
his  office,  and  it  shall  be  the  duty  of  the  proper  authori-  or^con"ention^s! 
ties  to  remove  or  dismiss  him. 

Sec.  111.  That   on   the  first  of  January  and   July  of    Estimates  lor 
each  and  every  year  each  head  of  departments  of  the  ^J.ppi'ie^'.^    """^ 
citv  government  shall  lay  before  the  Council  an  estimate 
of  the  supplies  and  materials  (within  the  limitations  of 
the  appropriation  made  in  the  budget  for  his  department) 


I 


Ixii  CITY   CHARTER   OF    1896. 

Heads  of  De-  that  mav  be  needed  in  his  department  duriner  the  current 

partments      to.  .,i 

furnish  comp-  SIX   months,    and   the    City   Council   shall   approve   or 

troller  at  stated  -.„...,.  .  *^.  ,  .  ,      f^,,     , 

periods.  modify,  m  its  discretion,  said  estimates,  and  shall  there- 

upon direct  the  Comptroller  to  advertise  and  adjudicate 
the  contract  to  furnish  said  supplies   and  materials,  or 
so  much  thereof  as  may  be  needed,  to  the  lowest  bidder, 
as  provided  in  section  116  of  this  act. 
Wharves  and      Sec.  112.  That  the  City  Council  shall  have  no  power 

landings      and 

lease  or  sale  of  to  make  Or  rcncw,  or  extend  any  lease  of  the  wharves  or 
landings,  or  any  lease   or  sale   of  city  property  except 
shS°be  entered  ^^^^^  ^^^  ^^^®  ^^^^  thirty  day s'    advertisement  and  free 
into.  competition  and  adjudication  thereof  by  the  Comptroller 

to  the  highest  or  lowest  bidder,  as  the  case  may   be, 
according  as  the  specifications  of  said  lease  or  sale  may 
require. 
^  coIi"ncii"pr1f-      Sec.  113.  That   the   City   Council  be  and    is   hereby 
makYng  ^coJT.  P^ohitited  from  making  any  contract  with  reference  to 
when'  ^funds^^^'  P^Y^ble   out   of   any  appropriation   of  the    surplus 
Tr^eaiurv^*'^  fuud  of  any  year,  except  to  the  extent  that  such  surplus 
fund  shall  exist  in  cash  in  the  City  Treasury  at  the  time 
of  the  making  of  said  contract  or  appropriation. 
Contracts  tor     Sec.  114.     All   coutracts   iuvolviug   more   than   two 
tween  $250  and  huudrcd  and  fifty  and  less  than  five  hundred  dollars  in 
Hovv  executed  ^^o^^it  shall  bc  in  Writing,  signed  and  executed  in  the 
name  of  the  city  by  the  head  of  the   appropriate  depart- 
ment  and   approved   in   writing   by   the   Mayor  and  a 
majority  of  the  executive  officers  before  same  shall  be 
binding  upon  the  city. 
Sealed  pro-     ^EC.  115.  In  all  cascs  in  which  sealed  proposals  are 
Klr'to^caT  provided   for  in   this  act  it   shall   be  the  duty  of  the 
fully  guard.      Comptroller  to   carefully   guard    the   same,    and   it   is 
Penalty  f  o  r  hereby  made  a  misdemeanor,  punishable  by  fine  of  not 
w?th! '^  ^  "^ ' "  ^  less   than  two  hundred   and  fifty  dollars,  or  imprison- 
ment of  not  less  than  three   months,  or  both,  for  any 
person  to  break  or  tamper  with  the  seals  of  said  sealed 
proposals,  or  open  the  same  except  in  the  manner  and  at 
the  time  provided  by  law. 

Contracts  in     Sec.  116.  All  coutracts  for  public  works,  or  for  ma- 
excess  of  $500 —  *■ 
How  sameterials  and  supplies,  ordered  by  the  Council,  exceeding 

shall  be  award-  r  r  >  ^  <=> 

ed.  five  hundred  dollars  in  amount,  shall  be  offered  by  the 


GITY   CHARTER    OF    1896.  Ixiii 

Comptroller  by  public  auction,  after  ten  days'  advertise- 
ment, and  ^iven  to  the  lowest  bidder,  who  can  furnish 
security  satisfactory  to  the  Council;  or  same  shall,  at 
the  discretion  of  the  Council,  be  advertised  for  proposals 
to  be  delivered  to  the  Comptroller  in  writing,  sealed, 
and  to  be  opened  by  the  Comptroller  in  the  presence  of 
the  Finance  Committee  of  said  Council,  and  given  to 
the  person  making  the  lowest  proposal  therefor,  who 
<3an  furnish  security  satisfactory  to  the  Council,  pro- 
vided, that  the  Council  shall  have  the  right  in  either 
<iase  to  reject  any  and  all  bids  or  proposals ;  provided  Emergency. 
further,  that  in  cases  of  grave  emergency  the  heads  of 
the  various  departments  may,  with  written  consent  of 
the  Mayor,  make  bills  for  supplies  or  materials,  but  in 
all  such  cases  an  immediate  report  in  writing  of  the 
making  of  such  bill  shall  be  made  by  the  head  of  such 
department  to  the  Mayor,  setting  forth  the  reason  of 
his  action,  which  report  shall  be  laid  by  the  Mayor 
before  the  Council,  and  shall  receive  the  approval  of 
that  body  before  the  bill  shall  be  paid. 

Sec.    117.  Any  judicial  proceedings  where   by    law,    security. 
bond  and  sureties  are  required  from  litigants,  the  city  of 
New  Orleans  shall  be  dispensed  from  furnishing  bond 
and  security. 

Sec.  118.  Whenever  an  action  is  brought  against  the    Actions 
city  on  a  claim  on  which  the  city  would  have  a  right  of  w  h  e  r  e    city 

.  .  ,  .''.jhasa  right  of 

action  over  against  another  person  or  corporation,  either  action  against 

.  n         I  another  person 

upon  a  contract,  bond   or  other  obligation  of  whatever  or  corporation. 

nature,  the  r-ity  may  in  its  answer  to  such  action  require 

such  person  or   corporation   to   be  made  co-defendants 

therein ;   and  if  such  right  of   action  on  the  part  of  the 

city  over  against  such  person  or   corporation  is  upon  a 

bond  or  contract  with  sureties,  the  city  may  also  require 

the  sureties  on  such  bond  to   be  made  co-defendants,  in 

which  case  it  shall  attach   a  copy  of   such  bond  or  con-^^^**^    P.Yttbn 

tract  to  its   answer,  and  thereupon   such  co-defendants  j^l'enj^nf ^  *i°' 

may  make  any  defence  to  such  claim  that  the   city  raay^"'** 

make,  and  shall  be  liable  to  pay  the  judgment,  if  any, 

rendered  against  the  city  and  said  co-defendants,  or  any 

of  them ;  and  shall  be  primarily  liable  on   such   judg- 


Ixiv 


CITY   CHARTER   OF   1896. 


ments  ;  but  if  the  city  shall  at  any  time  pay  the  whole 
or  any  part  of  such  judgment  it  shall  thereupon,  to  the 
extent  of  such  payment,  have  and  be  subrogated  to  all 
the  rights  and  remedies  against  such  co-defendants  upon 
such  judgments  as  the  plaintiffs  have. 
Contractors  Sec.  119.  No  pcrsou  or  corporatiou  engaged  in  doing- 
allowing    r  e  -  auv  strcct  Or  banquettc    paving  or  other  public   work, 

bate  or  deduc-  a.  r  a  i 

tion  t  o  prop,  under  any  contract,  agreement 


erty  holders, 


Penalty 


Property 
the  city. 


Mi 

river. 


or  stipulation  with  the 
city  of  New  Orleans  or  any  department  thereof,  the  cost, 
price  or  consideration  of  which  is  to  be  wholly  or  par- 
tially paid  by  local  assessment  on  any  property  holder,, 
or  front  proprietor,  shall  make,  allow,  or  give,  or  prom- 
ise, or  agree  to  make,  allow  or  give  any  rebate,  deduc- 
tion, gift  or  present,  or  any  other  valuable  consideration 
whereby  the  actual  sum  due  by  said  property  holder,  as- 
his  proportion,  shall  be  in  any  way  reduced  or  di- 
minished, unless  the  same  deduction  or  allowance  shall 
be  made  to  all  persons  liable  for  any  part  of  such  assess- 
ment, and  to  the  city  of  New  Orleans ;  and  proof  of  any 
such  discrimination  against  the  city,  or  any  such  person 
liable  to  the  assessment,  shall  be  a  complete  and  valid 
defence  as  against  such  persons  or  corporations,  heirs  or 
assigns  doing  such  work,  in  any  suit  or  action  brought 
to  enforce  the  same,  or  in  any  suit  or  action  to  recover 
the  value  of  such  work  either  against  the  city  or  any 
property  holder  thus  discriminated  against. 

Sec.  120.  That  all  the  rights,  title  and  interests  of 
the  city  of  New  Orleans  as  now  existing  in  and  to  all 
lands,  tenements,  hereditaments,  bridges,  ferries,  streets, 
roads,  walks,  markets,  stalls,  levees,  landing  places,, 
buildings  and  other  property  of  whatever  description 
and  wherever  situated,  with  all  goods,  papers,  moneys^ 
effects,  debts,  dues,  demands,  bonds,  obligations,  judg- 
ments and  judgment  liens,  actions,  rights  of  action ^ 
books,  accounts  and  vouchers,  be  and  they  are  hereby 
vested  in  the  city  of  New  Orleans  as  incorporated  by 
this  act. 
ssissippi  Sec.  121.  Whenever  the  word  river  is  used  in  this  act 
the  Mississippi  river  is  meant ;  and  where  a  name  of  a 
street  is  used  as  a  boundary  the  middle  of  the  street  i& 
to  be  taken  as  the  boundary. 


CITY   CHARTER   OP    1896.  IxV 


XI V .  — SCHEDULE . 

Sec.  122.  This  act  shall  take  effect  in  all  respects  after    when  act 
due  promulgation  as  provided  by  law ;  except  that  the  effect, 
various  municipal  officers  and  Councilmen  elected  at  the 
general  election   held   April  21,  1896,  shall  continue  in counciinfen  to 
office  until   the   expiration  of  the  term  for  which  they 
were  elected,  and  until  their  successors  are  duly  qualified. 

Sec.  123.  Should  the  constitutional  restriction  limit-  salary  of  oifi 
ing  the  salary  of  municipal  officers  of  New  Orleans  to  effecti"ve\nde" 
thirty-five  hundred  dollars  be  not  removed  before  this 
act  takes  effect,  then,  and  until  such  restriction  be  re- 
moved, the  several  officers  under  this  charter  whose 
salaries  exceed  said  constitutional  limit  shall  receive 
each  the  salary  of  thirty-five  hundred  dollars  per  an- 
num ;  otherwise,  and  as  soon  as  same  shall  be  removed, 
they  shall  receive  the  salaries  herein  mentioned ;  pro- 
vided, that  until  such  restriction  be  removed  the  City 
Attorney  may  engage  in  private  practice  if  the  same 
does  not  interfere  with  the  orderly  administration  of  his 
official  duties. 

Sec.  124.  The   first   election   under  this  charter  shall    First  election 
be  held  on  the  Tuesday  next  following  the  third  Monday 


in  April,  1900  (unless  the  Legislature  shall  hereafter 
designate  some  other  time,  in  which  case  it  shall  be 
held  at  that  time),  and  elections  shall  be  held  every 
four  years  thereafter  on  the  Tuesday  next  following  the 
third  Monday  in  April. 

Sec.  125.  All  laws  or  parts  of  laws  in  conflict  or  in-        Repealing 
consistent  herewith  are  hereby  repealed. 

S.  P.  HENRY, 
SpeaJier  of  the  House  of  Representatives. 
R.  H.  SNYDER, 
Lieutenant-Governor  and  President  of  the  Senate. 
Approved  July  7,  1896  : 

MURPHY  J.  FOSTER, 

Oovernor  of  the  State  of  Louisiana. 
A  true  copy : 

JOHN  T.  MICHEL, 

Secretary  of  State. 


INDEX  TO  CITY  CHARTER  OF  1896. 


Page.  Sec. 

Amusements xxiv  15 

Apportionment xvi  2 

Appuopuiation— Limit  of Iv  95 

Attorney  (City) — 

Appointment  and  qualification  of xxxvi  36 

Duties  of xxxvi  3G 

Salary  of xxx\ii  36 

Assistants xxxvii  36 

Private  practice  prohibited xxxvii  30 

Private  practice Ixv  123 

Term  of  office xxxvii  36 

Vacancy,  how  filled xlix  78 

Banquettes — 

Paving  and  cost  of Ivi  97 

Kepaving  of Ivii  98 

Repairs  to lix  101 

Council  may  order  paving  of  and  cost lix  103 

Bak-kooms,  Concert  Saloons,  etc. — 

Permission  to  establish xxv  21 

Batture xxiv  15 

Boundaries  of  the  City  of  New  Orleans xi  1 

Wards xii  2 

Municipal  districts xxvi  2 

Representative   districts xii  2 

Boundary  line Ixiv  121 

Budget— 

Council  to  publish  for  ten  days liv  93 

City  Attorney  (see  Attorney). 

City  Notary  (see  Notary). 

City  Council — 

Election  of  members  of •. xvi  2 

Organization   of xix  5 

Qualiticfltions  and  election  of  members xx  9 

Compensation  to  members  of xxi  10 

President  of  and  salary xxi  11 

Clerk  of  and  salary xxi  11 

Sergeant-at-arms  and  salary xxi  11 

Exclusively  judges  of  election  of  members xxi  12 

Expulsion  of  members  of xxi  12 

Authority  of,  to  compel  attendance  and  punish xxi  13 

To  administer  oath xxi  13 

Powers  and  duties  ol xxii  14 


INDEX  TO  CITY  CHARTER  OF  1896.  Ixvii 

Page.  Sec. 
City  Council — Continued. 

Ordinances,  how  adopted xxiv  16 

Meetings  of,  and  sessions  to  be  open xxv  17 

To  organize  departments xxv  IS 

To  lix  compensation  of  employees xxv  ]9 

Barrooms,  to  obtain  permission xxv  21 

To  compile  voles  for  Mayor  and  other  oflicers xxvi  23 

Eights  of  otHcers  to  seats  in  the xxvii  26 

Special  meetina:s,  how  called xxvii  27 

To  provide  appropriation  for  civil  service  com- 

sioners xliii  53 

To  till  vacancy  of  Comptroller  and  Treasurer xlix  77 

To  till  vacancy  of  Itecorders xlix  79 

To  till   vacancy   of  Councilmen xlix  79 

Tower  of  Council  to  remove  oflicers 1  85 

Streets,  may  order  the  paving  of lix  102 

Bancpiettes,  may  order  the  paving  of lix  103 

Inclligibility  of  members Ix  106 

ClTV    E.NOINEEK — 

Appointment  and  qiialitication  of xxxv  34 

llemoval  of xxxv  34 

Salary   of xxxv  34 

Duties   of xxxv  34 

To  appointOeputy  Surveyors xxxv  35 

Private  surveys  prohibited xxxvi  35 

Vacancy,  how  tilled. xlix  78 

City  ok  New  Orleans — 

Boundaries    of xi  1 

Property  of,   how  leased  or  sold Ixii  112 

Dispensed  from  furnishing  bond  in  litigation Ixiii  117 

Actions  against,  where  third   persons  interested  ..Ixiii  118 

Property  of Ixiv  120 

Civil  Seuvice  Commissioners — 

Appointment,  qualitication  and  salary  of xxxviii  39 

Term  of  otHce xxxviii  39 

Removal  of j^xxviii  39 

Vacancy  in  otlice.  how  tilled xxxix  40 

Secretary  and  assistants xxxix  41 

Classification  of  offices xxxix  42 

Authority  to  make  rules  for  examination xxxix  43 

Examinations  to  be  free,  and  competitive xxxix  44 

Religious  and  political  (piestions  prohibited xl  44 

To  publish  date  and  place  of  examination xl  45 

Register  to  be  Itept xl  46 

Promotions  in  civil  service xli  47 

Appointment  to  classified  service xli  48 

Appointment  to  be  on  probation xli  48 

Appointment,  when  permanent.* xli  48 


Ixviii  INDEX  TO  CITY  CHAKTEli  OF  189G. 

Page.  Sec. 

Civil  Service  Commissioners— C'o»<?H.?/e(L 

Appointment,  temporary xli  48 

Employees   in  classified  service   dismissal,   to   be   in- 
vestigated   xlii  49 

Annual  report  of  Board xliii  52 

Ottice  of  Commissioners xliii  53 

Appropriation  for xliii  53 

Examinations  to  be  secret xliii  54 

Employees  prohibited  from  receiving  or  paying  politi- 
cal assessments xliii  55 

Applicant  prohibited  from  offering  rewards xliv  58 

Ofiicers  of  city  not  to  use  office  for  nomination xliv  59 

Comptroller    prohibited    from    paying    persons    em- 
ployed in  violation  of  act xliv  60 

Penalty  for  failure  to  appear  or  produce  books  when 

Subpa-nad xlv  01 

Penalty  for  falsely  swearing xlv  61 

Violating  provision  of  act — penalty xlv  62 

Conviction  for  violation  to  vacate  office xlv  63 

District  Attorney  to  prosecute xlv  (54 

Police  Commissioners— act  of  amended xlvi  66 

Fire  Commissioners — act  of  amended xlvi  67 

CoMUUSTiBLES xxiii  14 

Comptroller— 

Election  and  qualification  of xxvi  22 

Duties  of xxix  30 

To  deduct  indebtedness  of  claimants  when  matured  xxx  30 

Reports  of xxx  30 

Bond    of xxxi  30 

Salary  of xxxi  30 

Prohibited  from  paying  persons  employed  in  viola- 
tion of  Civil  Service  rules xliv  60 

Vacancy,  how  filled xlix  77 

Returns  of  corporations  to  receive Ixi  38 

To  address  notice  to  property  owners  of  intended 

paving Ix  105 

Sealed  proposals,  to  safely  guard Ixii  115 

Contracts  and  Contractors — 

City  Attorney  to  approve  before  completion xxxvi  36 

How  executed  between  $250  and  $500 Ixii  114 

In  excess  of  $500 Ixii  116 

Contractors  prohibited  allowing  rebate Ixiv  119 

Departments  of  Government— 

Organization  of xxv  IS 

Heads  of,  to  appoint  Chief  Clerk  and  Deputy xxv  IS 

Depositary— 

Council  to  select,  qualifications,  etc xxxi  31 


INDEX  TO  CITY  CHARTER  OF  1896.  Ixix 

Page.  Skc. 
Drainge — 

Council  to  provide  for xxiii  14 

Elections — 

Members  of  Council,  how  chosen xvi  2 

Officers,  manner  of  election  xix  3 

Term  of  office xix  3 

Qualilication  of  electors xix  4 

lieturns  of xix  5 

Contested xx  6 

Officers,  of  Executive  Departments xxvi  22 

First  under  act Ixv  124 

Employees  (see  "  Civil  Service  Commissioners"') — 

Office  hours Ixi  107 

Gifts,  rewards,  etc.,  prohibited Ixi  108 

Political  gatherings,  etc.,  attendance  prohibited Ixi  110 

Executive  Departments xxv  22 

Qualification, election  and  ajipointments  of  heads  of.xxv  22 

Chief  clerk  or  deputy  of xxvi  25 

Mayor  to  consult  with  heads  of xxviii  27 

Reports  of  heads  of,  to  Mayor xxxviii  27 

Heads  of,  may  suspend  employees xlii  49 

Heads  of,  to  notify  Civil  Service  Commissioners  of 

appointments,  etc xlii  50 

Heads  of,  to  furnish  estimates  to  Comptroller Ixi  111 

Ex  PENDITURES — 

Budget  of,  to  be  published  liv  93 

I'lRE  Department — 

Council  to  maintain xxiii  4 

Appointment  and  promotion   in xlvi  67 

Franchises — 

Ordinances  granting  same,  how   adopted li  86 

Street  and  Belt  Kailroad,  to  be  advertised  and  sold 

on  precentage lii  87 

Penalty  for  making  false  return  of  gross  earnings  ...lii  89 

Gambling  Houses -.. xxiv  15 

HEA1.TH — 

Council  to  maintain,  of  city xxii  14 

Houses  of  Prostitution xxiv  15 

Impeachment  and  Kemoval— 

Of  city  othcers xlix  80 

Committee  of 1  81 

Court  of 1  82 

Proceedings  in 1  83 

Judgment 1  84 

Power  of  Council  to  remove  officers,  etc 1  85 

Legislative  Powers xx  9 


Ixi  INDEX  TO  CITY  CHARTER  OF  1896. 

I'AGK.  Sec. 
Licenses — 

Council  to  imijose liii  92 

When   payable Hv  92 

Mayor — 

Election,  qualification  and  duties  of xxvii  27 

To  reports  oflicers  and  employees   to  Council xxvii  27 

To  consult  with  executive  officers xxviii  27 

Responsible  for  conduct  of  officers xxviii  27 

Salary  of xxviii  .     'll 

To  approve  ordinances xxviii  28 

To  appoint  Civil  Service   Commissioners xxxviii  39 

Vacancy,  how  filled xlix  76 

Mississipri  RiVEU Ixiv  121 

NoTAUY— City 

Appointment,  qualification   and  removal  of xxxvii  37 

To  submit  contracts  to  City  Attorney xxxvii  37 

Fees  xxxvii  37 

Vacancy,  how  tilled xlix  78 

Officeus — 

Term  of xix  3 

Compilation  of  votes  of xx  5 

Contest  (»f  election  of xx  G 

Oathof  office.... xx  7 

To  hold  over xx  8 

Election,  appointment  and  qualification  of xxvi  22 

Council  to  compile   vote  of xxvi  23 

Signature  of xxvi  24 

Inelligibility  of Ix  10(5 

Absence  from  city Ixi  107 

Prohibited  from  holding  more  than  one  office Ixi  108 

Gifts  and  presents  prohibited Ixi  109 

Prohibited  from  political  gatherings Ixi  110 

Salary  of  under  act,  when  effective Ixv  123 

Elected  April,  1896,  to  hold  over Ixv  122 

Office  hours Ixi  107 

OUDINANCES — 

Manner  of  adopting xxiv  16 

Majority  of  Council  elected  necessary xxv  17 

Mayor  to  approve  and  publish xxviii  28 

Veto  of xxviii  28 

Franchises,  how  same  shall  be  adopted li  86 

Lighting  or  sewerage,  how  same  shall  be  adopted lii  87 

Street  and  Belt  Railroads,  how  same  shall  be  adopted  lii  87 

Official  Journal xxix  29 

Ordinances  and  proceedings  of  Council  to  be  pub- 
lished in xxix  29 

Plow  selected xxix  29 

Franchises,  valuable  to  be  published  three  months  in..lii  87 


INDEX  TO  CITY  CHARTER  OP  189G.  Ixxi 

Page.  Sec 

Police  Department — 

Council  to  provide  and  maintain xxiii  14 

Police  Department — 

Appointments  and  promotions  in xlvi  06 

Commissioners  to  detail  officers  to  recorders xlvii  71 

Police  and  Public  Buildings  (Commissioner  of)— 

Appointment  and  removal  of xxxiv  H3 

Duties  of xxxiv  33 

Fire  and  police  telegrapli,  appointments xxxiv  33 

Bond  of * xxxiv  33 

Salary   of xxxiv  33 

Rigiit  to  seat  in  Council xxvii  2(; 

Vacancy  bow  tilled xlix  T's 

Property — 

Subject  to  taxation Iv  9(i 

Real  and  personal  defined Iv  OG 

Property  Owners — 

Petitions  of  for  paving hi  07 

Protests  of  for  paving Ivi  97 

May  designate  kind   of  pavcinont  lix  104 

Majority  of  defined Iviii  100 

Public  Works  (Commissioner  of)  — 

Appointment  and  qualification  of xxxiii  32 

Removal  of xxxiii  32 

Duties  of xxxiii  32 

Reports  of xxxiii  32 

Bond  of xxxiii  32 

Salary  of xxxiii  32 

Rigbt  to  seat  in  Council xxvii  20 

Vacancy,  bow  filled xlix  78 

Railroads — 

Power  of  Council   to   autborize xxiv  IT) 

Penalty  for  constructing  witbout  lines  from  C.  E.  xxxvi  3*) 
Street  and  Belt  privileges  to  be   advertised,   and   sold 

on  percentage  Hi  87 

Recorders— 

Courts  and  jurisdiction xlvii  OS 

Qualification  and  election  of xlvii  09 

Salary  of  Recorders  and  employees xlvii  09 

To  appoint  employees xlvii  09 

Testimony  clerks,  duties  of xlvii  70 

Police  Board  to  detail  officers  xlviii  71 

Removal  of xlviii  72 

Jurisdiction   of  xlviii  73 

Fines,  imposed  by xlviii  74 

Pro-tern  ^ xlix  75 

Vacancies,  bow  filled xlix  79 

Reserve  Fund Iv  95 


Ixxii  INDEX  TO  CITY  CHARTER  OF  189C. 

Page.  Sec. 
Revenuks— 

Taxes  and  licenses,  when  levied  liii  92 

Budget  of,  to  be  published liv  93 

Salaries — 

Members   of  Council xxi  10 

President  of  Council xxi  11 

Employees,  Council,  to  flx xxv  19 

Increase  of  officers,  prohibited xxv  20 

Schools— 

Council  to  maintain  public xxiii  14 

Sealed  Proposals— Comptroller  to  guard Ixii  115 

Security — City  dispensed  from  furnishing Ixiii  117 

Streets— 

To  open  and  keep  free  from  obstrnc*^ion xxii  14 

Repairs   of xxii  14 

Paving  of Ivi  97 

Pavements,  change  of Ivii  98 

Opening,  straightening  or   widening  of Iviii  99 

Petitions  for  paving  of — cost  of  publishing Iviii  100 

Repairs  of lix  101 

City  Council,  right  to  order  the  paving  of lix  102 

Proceedings,  when  Council  so  orders lix  104 

Comptroller  to  address  notice  to  property  owners 

of  intended  paving Ix  105 

Surveyors,  Deputy — 

Appointment  of xxxv  85 

Bond  of xxxv  H5 

Fees  of  xxxv  35 

Duty  of xxxvi  35 

Taxes — 

Council,  to  levy  annually liii  92 

When  due  and  delinquent liv  92 

Penalty liv  92 

Treasurer — 

Election  and  qualification  of xxvi  22 

Duties  of xxxi  31 

Bonds  of xxxii  31 

Salary  of xxxii  31 

Vacancy,  how  filled xlix  77 

Vacancies xlix  70-79 

Wards — 

Boundaries  of xii  2 

Wharves  and  Landings— 

Council  to  construct  and  maintain xxiii  15 

Lease  of,  how  same  shall  be  awarded Ixii  112 


CHARTER 

OF   THE  


CITY    OF    NEW   ORLEANS, 

APPROVED    JUNE    23,    1882. 
AND    ACTS    AMENDATORY     THERETO. 


[No.  20.]  AN"  ACT 

To  incorporate  the  City  of  New  Orleans,  provide  for  the  govern- 
ment and  administration  of  the  affairs  thereof;  and  to  repeal 
all  acts  inconsistent  and  in  conflict  with  its  provisions. 

Due  public  notice  having  been  given  according  to  re- 
quirements of  Article  48  of  the  Constitution. 

Be  it  enacted  hy   the  General  Assembly  of  the  State  of  Lou- 


Section  1.  That  all  the  inhabitants  of  the  parish  of 
Orleans,  as  now  bounded  by  the  follovi^ing  boundaries  : 
The  Mississippi  river  from  the  lower  line  of  the  United 
States  Barracks  to  Upperline  street,  upper  side  of  Car- 
rollton  and  along  the  centre  of  Upperline  street  to  Up- 
perline Canal  and  thence  along  the  centre  of  Upperline 
Canal  to  Lake  Pontchartrain,  and  thence  along  the  shore 
of  Lake  Pontchartrain  to  the  Rigolets,  and  thence  along  Boundaries, 
the  Rigolets  to  Lake  Borgne,  and  thence  along  Lake 
Borgne  to  Fishermen's  Canal,  and  thence  along  Fisher- 
men's Canal  to  the  line  of  the  south  side  of  Florida 
Walk,  and  thence  along  said  line  of  Florida  Walk  to 
the  lower  line  of  the  United  States  Barracks,  and  thence 
along  the  United  States  Barracks  to  the  Mississippi 
river,  to  the  point  of  departure. 

The  Fifth  District  of  the  City  of  New  OrleaHS  is  situ- 
ated on  the  right  bank  of  the  Mississippi  river,  and  is 
bounded  by  a  line  established  by  the  State  Engineers 


2  CITY  CHARTER. 

beginning   at   a  point   near   the   river    bank    opposite 
Ptolemy  street,' thence  running  as  follows,  viz: 

South  40  deg.  30  min.,  east   4  miles  and   about  1080 
feet  south  30  deg.  10  min.,  west  about  620  feet. 

Thence  along  the  back  line  of  properties  south  57  deg. 
east  2143  min.  4^^  sec. 

North  20  deg.  45  min.,  east  1910  min.  7  sec. 

South  53  deg.  30  min.,  east  5162  min.  2.  sec. 

North  6  deg.  15  min.,  east  4932  min.  7  sec.  to  town- 
ship line  one  mile  138  min.  9/i  sec. 

South  76  deg.,  east  311  min.  4J  sec.  to  township    line 
445  min.  10  sec. 

South  72  deg.,  east  947  min.  9^  sec. 

South  65  deg.,  east  955  min.  to  range   line  1337  min. 
8  sec. 

South  83i  deg.,  east  860  min.  6  sec. 

North  61  deg.  7  min.,  east  524  min.    7   sec.  to   range 
line  1366  min.  6  sec. 

South  81  deg.  15  min.,  east  2368  min.  6  sec.  to  range 
line  4383  min.  2  sec. 

South  61  deg.  53  min.,  east  1^  miles   and   about  2770' 
min.  2  sec. 

South  31  deg.  35  min.,  east  1^    miles   and  2163  min. 
to  line  of  Jeanne   Lassalles  and  thence  up  the  Missis- 
sippi river  to  the  point  of  departure. 
City  of    New     ^^  hereby  created  a  body  corporate  and  established  as 
Orleans.        a  political  Corporation  by  the   name   of    "The   City   of 
New  Orleans,"  with  the  following  power  and  no  more  : 

It  shall  have  a  seal  and  may  sue  and  be  sued  and  may 
acquire  property,  by  purchase,  accretion,  donation,  ''in- 
ter vivos"  and  "mortis  causa,"  prescription  or  any  other 
lawful  mode,  and  hold  and  dispose  of  the  same. 
Legislative  Sec.  2.  The  legislative  power  of  said  corporation 
powers.  shall  be  vested  in  a  Council  composed  of  thirty  mem- 
bers. ■  They  must  be  citizens  of  the  State  not  less  than 
twenty-five  years  of  age,  residents  of  the  districts  from 
which  elected,  residents  of  New  Orleans  for  five  years 
preceding  their  election. 


I 


CITY  CHARTER. 


APPORTIONMENT. 

The  First  Representative  District,  First  Ward,  bounded  ^  s'e^nta^ivi'Dfs- 
as  follows,  viz :  From  the  Mississippi  river  aloii^  the  *"'='• 
centre  of  Thalia  street  to  the  intersection  of  Claiborne 
Canal,  and  thence  along  the  centre  of  Claiborne  Ca- 
nal to  the  centre  of  Felicity  Road  to  the  Mississippi 
river,  and  thence  along  the  Mississippi  river  to  the  point 
of  departure,  shall  elect  one  Councilman. 

The    Second    Representative     District,     Second    Ward,  second  Rem-e- 

^  .  sentativeDis- 

bounded  as  follows,  viz:  From  the  Mississippi  river  tnct. 
along  the  centre  of  Julia  street  to  the  New  Canal,  and 
thence  along  the  centre  of  New  Canal  to  Carrollton 
avenue,  thence  along  the  centre  of  Carrollton  avenue  to 
the  centre  of  Melpomene  Canal,  and  thence  along  the 
centre  of  Melpomene  Canal  to  the  centre  of  Claiborne 
Canal,  and  thence  along  the  centre  of  Claiborne  Canal 
to  the  centre  of  Thalia  street,  and  thence  along  the 
centre  of  Thalia  street  to  the  Mississippi  river,  and 
thence  along  the  Mississippi  river  to  the  point  of  de- 
parture, shall  elect  two  Councilmen. 

Third  Representative  District,  Third  Ward,  bounded  as  Third  Repre- 
follows,  viz  :  From  the  Mississippi  river  along  the  ceii-  tnct. 
tre  of  Canal  street  to  the  old  Metairie  Road,  and  thence 
along  the  centre  of  the  old  Metairie  Road  to  the  centre 
of  the  New  Canal,  and  thence  along  the  centre  of  the 
New  Canal  to  the  centre  of  Rampart  street,  and  thence 
along  the  centre  of  Rampart  street  to  the  centre  of  Julia 
street,  and  thence  along  the  centre  of  Julia  street  to  the 
Mississippi  river,  and  thence  along  the  Mississippi  river 
to  the  point  of  departure,  shall  elect  three  Councilmen. 

Fourth  Representative  District,  Fourth  Ward,  bounded  Fourth  Repre- 
as  follows,  viz:  From  the  Mississippi  river  along  the  ^entativeois- 
centre  of  Canal  street  to  the  Old  Metairie  Road,  thence 
along  the  centre  of  the  Old  Metairie  Road  to  New  Canal, 
thence  along  the  centre  of  New  Canal  to  Lake  Pontchar- 
train,  thence  along  Lake  Pontchartrain  to  Orleans  Canal, 
thence  along  the  centre  of  Orleans  Canal  to  the  Metairie 
Road,    thence  along  the  Old  Metairie  Road  to  St.    Louis 


4  CITY  CHARTER. 

street,  thence  along  the  centre  of  St.  Louis  street  to  the 
Mississippi  river,  thence  along  to  the  point  of  departure, 
shall  elect  one  Councilman. 

Fifth    Repre-     Fifth  Representative  District,  Fifth  Ward,   bounded  as 
trict.  follows,  viz :     From  the  Mississippi  river  along  the  cen- 

tre of  St.  Louis  street  to  the  Old  Metairie  Road,  thence 
along  centre  of  the  Old  Metairie  Road  to  the  centre 
of  Orleans  Canal,  thence  along  the  centre  of  said  Canal 
to  Lake  Pontchartrain,  thence  along  Lake  shore  to  Bayou 
St.  John,  thence  along  the  centre  of  Bayou  St.  John  to 
St.  Philip  street,  thence  along  the  centre  of  St.  Philip 
street  to  the  Mississippi  river,  thence  to  the  point  of  de- 
parture, shall  elect  two  Councilmen. 

Sixth  Repre-  Sixth  Representative  District,  Sixth  Ward,  bounded  as 
trict?**"^^^'*  follows,  viz :  From  the  Mississippi  river  along  the  cen- 
tre of  St.  Philip  street  to  Bayou  St.  John,  thence  along 
the  centre  of  Bayou  St.  John  to  Esplanade  street,  thence 
along  the  centre  of  Esplanade  street  to  the  Mississippi 
river,  thence  to  the  point  of  departure,  shall  elect  one 
Councilman. 

Seventh  Repre      Scvcuth  Representative  District,  Seventh  Ward,  bounded 

sentativeDis-  ^  '  ' 

trict.  as   follows,  viz :     From  the   Mississippi  river  along  the 

centre  of  Esplanade  street  to  Bayou  St.  John,  and 
thence  along  the  centre  of  Bayou  St.  John  and  cut-off  to 
Lake  Pontchartrain,  and  thence  along  Lake  Pontchar- 
train to  Elysian  Fields  street,  and  thence  along  the  centre 
of  Elysian  Fields  street  to  the  point  of  departure,  shall 
elect  two  Councilmen. 

*^*slntati?eD[|-     Eighth  Representative  District,  Eighth  Ward,    bounded 
*"<=*  as   follows,  viz :     From  the  Mississippi    river  along  the 

centre  of  Elysian  Fields  street  to  Lake  Pontchartrain, 
and  thence  along  Lake  Pontchartrain  to  Peoples  avenue, 
and  thence  along  Peoples  avenue  to  Lafayette  avenue, 
and  thence  along  the  centre  of  Lafayette  avenue  to  the 
Mississippi  river,  and  thence  along  the  Mississippi  river 
to  the  point  of  departure,  shall  elected  one  Councilman. 

Ninth    Repre-      Ninth   Representntive  District,    Ninth    Ward,   bounded 

sentative  Dis.  ^g    follows,    viz :     From  the    Mississippi    river    along 

the    centre     of    Lafayette    avenue    to     the    centre    of 


CITY  CHARTER.  D 

Peoples  avenne,  and  thence  along  the  centre  of 
Peoples  avenue  to  Lake  Pontchartrain,  and  thence 
along  Lake  Pontchartrain  to  the  Rigolets,  and  thence 
along  the  Rigolets  to  Lake  Borne,  and  thence 
along  Lake  Borgne  to  Bayou  Bienvenue,  and  thence  along 
Bayou  Bienvenue  to  the  Fishermen's  Canal,  and  thence 
along  the  Fishermen's  Canal  to  the  line  of  the 
south  side  of  Florida  Walk  to  the  lower  line  of 
the  United  States  Barracks,  and  thence  along  the  line  of 
the  United  States  Barracks  to  the  Mississippi  river,  and 
thence  along  the  Mississippi  river  to  the  point  of  de- 
parture, shall  elect  two  Councilmen. 

Tenth  Representative  District,  Tenth  Ward,  bounded  as  Tenth    Repre- 

^  '  '  sentative  Ds- 

foUows,  viz :  From  the  Mississippi  river  along  the  fict. 
centre  of  Felicity  Road  to  the  Melpomene  Canal,  and 
thence  along  the  centre  of  the  Melpomene  Canal  to  its 
intersection  with  First  street,  and  thence  along  the 
centre  of  First  street  to  the  Mississippi  river,  and 
thence  along  the  Mississippi  river  to  the  point  of  depart- 
ure, shall  elect  two  Councilmen. 

Eleventh  Representative  District,  Eleventh  Ward,  bound- ^'^^^"t^  J^.«p- 

f^  '  '  resent  a  tive 

ed  as  follows   viz :     From  the  Mississippi  river  along    District, 
the  centre  of  First  street  to  the  Melpomene  Tail-race, 
and  thence  along  the  centre  of  Melpomene  Tail-race  to 
Toledano  street,  and  thence  along  the  centre  of  Tole- 
dano  street  to  the  Mississippi  river,  and  thence  along  the  * 

Mississippi  river  to  the  point  of  departure,  shall  elect 
two  Councilmen. 

Twelfth  Representative  District,  Tivelfth  Ward,  bounded  Twelfth  uepre- 
as  follows,  viz :  From  the  Mississippi  river  along  the  trict. 
centre  of  Toledano  street  to  Broad  street,  thence  along 
the  centre  of  Broad  street  to  Napoleon  avenue,  and 
thence  along  the  centre  of  Napoleon  avenue  to  the  Mis- 
sissippi river,  and  thence  along  the  Mississippi  river  to 
point  of  departure,  shall  elect  one  Councilman, 

Thirteenth  Representative  District,  Tliirteenth  and  jFb?<r- Thirteenth 
teenth  Wards,  bounded  as  follows,  viz :  t^vi"^i)7s"rict". 

Thirteenth  Ward,  From  the  Mississippi  river  along  the 
centre  of  Napoleon  avenue  to  Broad  street,  thence  along 


t)  CITY  CHARTER. 

the  centre  of  Broad  street  to  Peters  avenue,  thence 
along  the  centre  of  Peters  avenue  to  the  Missis- 
sippi river,  thence  along  the  Mississippi  river  to  the  point 
of  departure. 

Fourteenth  Ward,  From  the  Mississippi  river  along  the 
centre  of  Peters  avenue  to  Broad  street,  and  thence  along 
the  centre  of  Broad  street  to  Toledano  street,  and  thence 
along  the  centre  of  Toledano  street  to  the  Melpomene 
Tail-race,  and  thence  along  the  centre  of  Melpomene 
Tail-race  to  Lowerline  street,  and  thence  along  the  centre 
of  Lowerline  street  to  the  Mississippi  river,  and  thence 
along  the  Mississippi  river  to  the  point  of  departure,  shall 
elect  one  Councilman. 

Four  teen  til     Fourteenth  Representative  District,  Sixteenth  and  Seven- 
tiTvZl:lufeenth  Wards,  bounded  as  follows: 

Sixteenth  Ward,  From  the  Mississippi  river  along  the 
centre  of  Lowerline  street  to  the  Melpomene  Tail-race, 
and  thence  along  the  centre  of  Melpomene  Tail-race  to 
CarroUton  avenue,  thence  along  the  centre  of  Carrollton 
avenue  to  the  Mississippi  river,  thence  along  the  Mis- 
sissippi river  to  the  point  of  departure. 

Seventeenth  Ward,  From  the  Mississippi  river  along  the 
centre  of  Carrollton  avenue  to  New  Canal,  thence  along 
the  centre  of  New  Canal  to  Lake  Pontchartrain,  thence 
along  Lake  Pontchartrain  to  the  Upperline  Canal,  thence 
along  the  centre  of  Upperline  Canal  and  Upperline  street 
to  the  Mississippi  river,  thence  along  the  Mississippi 
river  to  the  point  of  departure,  shall  elect  one  Council- 
man. 

Fifteenth  Rep-  Fifteenth  Representative  District,  Fifteenth  Ward,  bound- 
oL^dct.*"'*' ed  as  follows,  viz :  All  that  territory  situated  on 'the 
right  bank  of  the  Mississippi  river  and  bounded  by  a 
line  established  by  the  State  Engineer,  beginning  at  a 
point  near  the  river  bank  opposite  Ptolemy  street,  thence 
running  as  follows : 

South  2  deg.  30  min.,  east  4  miles  and  about  1080 
feet. 

South  3  deg.  10  min.,  west  about  620  feet,  thence 
along  the  back  line  of  properties. 


CITY  CHARTER.  7 

South  57  deg. ,  east  2143  min.  4  sec. 

North  2  deg.  45  min.,  east  1910  min.  7  sec. 

South  53  deg.  30  min.,  east  5162  min.  2  sec. 

North  6  deg.  15  min.,  east  4932  min.  7  sec.  to  town- 
ship line  1  mile  138  min.  9|  sec. 

South  76  deg.,  east  311  min.  4^  sec.  to  township  line 
445  min.  10  sec. 

South  72  deg.,  east  947  min.  9a  sec. 

South  65  deg.  30  min.  east  955  min.  to  range  line 
1337  min.  8  sec. 

South  83  1-3  deg.,  east  860  min.  6  sec. 

North  61  deg.  7  sec,  east  524  min.  7  sec.  to  range 
line  1366  min.    6  sec. 

South  81  deg.  15  sec,  east  2368  min.  6  sec.  to  range 
line  4383  min.  7  sec. 

South  61  deg.  53  min.,  east  1  1-2  miles  and  277  min. 
2  sec 

South  31  deg.  35  min.,  east  1  1-2  miles  and  2163  min. 
lower  line  of  Jeanne  Lassales,  thence  up  the  Mississippi 
river  to  the  point  of  departure,  shall  elect  one  Council- 
man 

First  Municipal  District,  bounded  as  follows,  viz :  First  Munid- 
From  the  Mississippi  river  along  the  centre  of  Canal  ^* 
street  to  the  old  Metairie  Road,  and  thence  along  the 
centre  of  the  old  Metairie  Road  to  the  centre  of  the 
New  Canal,  and  thence  along  the  centre  of  the  New 
Canal  to  the  centre  of  Carrollton  avenue,  thence 
along  the  centre  of  Carrollton  avenue  to  the  centre 
of  Melpomene  Canal,  and  thence  along  the  centre  of 
Melpomene  Canal  to  its  junction  with  Toledano  street, 
and  thence  along  the  centre  of  Melpomene  Canal 
until  it  intersects  the  centre  of  Felicity  Road  at  Clai- 
borne street,  and  thence  along  the  centre  of  Felicity 
Road  to  the  Mississippi  river,  and  thence  along  the 
Mississippi  river  to  the  point  of  departure,  shall  elect 
one  Councilman. 

Second  Municijxd  District,  bounded   as   follows,    viz :  second  Munici 
From  the  Mississippi  river   along  the  centre  of   Espla-    *'*'  ^'*t'''*='- 
nade  street    to   the    centre    of    Bayou    St.    John,    and 
thence  along  the  centre  of  Bayou  St.  John  and   cut-off 


»  CITY  CHARTER. 

to  Lake  Pontchartraiii,  and  thence  along  Lake  Pontch- 
artrain  to  the  centre  of  New  Canal,  and  thence 
along  the  centre  of  the  New  Canal  to  the  centre  of 
old  Metairie  Road,  and  thence  along  the  centre  of  the 
old  Metairie  Road  to  the  centre  of  Canal  street,  and 
thence  along  the  centre  of  Canal  street  to  the  Missis- 
sippi river,  and  thence  along  the  Mississippi  river  to 
the  point  of  departure,  shall  elect  one  Councilman. 

Third  Munici-      Third  Mimicipol   District ,    bounded   as  follows,    viz : 

pal    District.  i        n»--       •       •  •  i  t-i 

From  the  Mississippi  river  along  the  centre  of  Espla- 
nade street  to  the  centre  of  Bayou  St.  John,  and 
thence  along  the  centre  of  Bayou  St.  John  and  cut-off 
to  Lake  Pontchartram,  and  thence  along  the  shore  of 
Lake  Pontchartrain  to  the  Rigolets,  and  thence  along 
the  Rigolets  to  Lake  Borgne,  and  thence  along  Lake 
Borgne  to  Bayou  Bienvenue,  and  thence  along  Bayou 
Bienvenue  to  the  Fishermen's  Canal,  and  thence 
along  Fishermen's  Canal  to  the  line  of  south  side  of 
Florida  Walk,  and  thence  along  said  line  of  Florida 
Walk  to  the  lower  line  of  the  United  States  Barracks, 
and  thence  along  the  line  of  the  United  States  Bar- 
racks to  the  Mississippi  river,  and  thence  along  the  line 
of  the  Mississippi  river  to  the  point  of  departure,  shall 
elect  one  Councilman. 

Fourth  Munici-  Fourtk  Municipal  District,  bounded  as  follows,  to-wit : 
pa  istnct.  -pj,^j^  ^YiQ  Mississippi  river  along  the  centre  of  Felicity 
Road  until  it  strikes  the  Melpomene  Canal  at  Claiborne 
street,  thence  along  the  centre  of  Melpomene  Canal  to 
the  intersection  of  Toledano  street,  and  thence  along  the 
centre  of  Toledano  street  to  the  Mississippi  river,  and 
thence  along  the  Mississippi  river  to  the  point  of  de- 
parture, shall  elect  one  Councilman. 

Fifth  Munici-  Fifth  Municipal  District,  bounded  as  follows,  viz : 
pa  IS  net.  ^^^  Fifth  Municipal  District  of  the  city  of  New  Orleans 
is  situated  on  the  right  bank  of  the  Mississippi  river, 
and  is  bounded  by  a  line  established  by  the  State  Engi- 
neer, beginning  at  a  point  near  the  river  bank  opposite 
Ptolemy  street,  and  thence  running  as  follows,  to-wit : 

South  42  deg.  30  min.,  east  4  miles   and   about  1080 


CITY  CHARTER.  » 

feet,   south  3   deg.  10  min.,  west  about  620  feet,  thence 
along  the  back  line  of  properties. 

South  57  deg.,  east  2143  min,  4  sec. 

North  2  deg.  4G  min.,  east  1910  min.  7  sec. 

South  53  deg.  30  min.,  east  5162  min.  2  sec. 

North  6  deg.  15  min.,  east  4932  min.  7  sec.  to  town- 
ship line  1  mile  138  min.  9  3-4  sec. 

South  76  mm.,  east  311  min.  4  1-2  sec.  to  township 
line  445  min.  10  sec. 

South  72  deg.,  east  947  min.  9  1-2  sec. 

South  63  deg.  30  min.,  east  955  min.  to  range  line  1337 
min.  8  sec. 

South  83  1-2  deg.,  east  860  min.  6  sec. 

North  61  deg.  7  sec,  east  524  min.  7  sec.  to  range 
line  1366  min.  6  sec. 

South  81  deg.  15  sec,  east  2368  min.  6  sec.  to  range 
line  4383  min.  7  sec 

South  61  deg.  53  min.,  east  1  1-2  miles  and  277  min. 
2  sec. 

South  31  deg.  35  min.  east  1  1-2  miles  and  2163  min. 
lower  line  of  Jeanne  Lassales,  thence  up  the  Mississippi 
river  to  the  point  of  departure,  shall  elect  one  Council- 
man. 

Sixth  Municipal  District,  bounded  as  follows,  viz. :  sixth  Munici- 
From  the  Mississippi  river,  and  thence  along  the  centre  ^* 
of  Toledano  street  until  it  strikes  the  Melpomene  .Canal 
Tail-race,  and  thence  along  the  centre  of  Melpomene 
Canal  until  it  strikes  Lowerline  street,  and  thence  along 
the  centre  of  Lowerline  street  to  the  Mississippi  river, 
and  thence  along  the  Mississippi  river  to  the  point  of 
departure,  shall  elect  one  Councilman. 

,  Seventh  Municipal  District,  bounded  as  follows,  viz. :  seventh  Muni. 
From  the  Mississippi  river  along  the  centre  of  Lower-  "^'^^ 
line  street  until  it  intersects  the  Melpomene  Tail-race, 
and  thence  along  the  centre  of  Melpomene  Tail-race  to 
Carrollton  avenue,  and  thence  along  the  centre  of  Car- 
rollton  avenue  to  the  centre  of  the  New  Canal,  and  thence 
along  the  centre  of  the  New  Canal  [to  Lake  Pontch- 
artrain,  and  thence  along  Lake  Pontchartrain  to  the 
Upperline  Canal,  and  thence  along  the  centre  of  Upper- 


10  CITY  CHARTER. 

line  Canal  to  Upperline  street,  and  thence  along  the  cen- 
tre of  Upperline  street  to  the  Mississippi  river  and 
thence  along  the  Mississippi  river  to  the  point  of  depart- 
ure, shall  elect  one  Councilman. 

Proviso.  Provided,  That  in  each  of  the  representative  districts 

or  wards,  when  the  number  of  Councilmen  to  be  elected 
from  said  representative  districts  or  wards  exceeds  one, 
the  said  representative  districts  or  wards  shall  be  divided 
in  equal  portions  by  streets  running  parallel  to  the  river 
as  population  corresponding  to  the  number  of  Council- 
men  to  which  the  said  representative  districts  or  wards 
are  entitled ;  that  the  said  Councilmen  shall  be  selected, 
one  from  each  of  said  subdivisions  of  said  wards,  the 
said  Councilmen  to  be  residents  of  their  said  respective 
subdivisions  for  at  least  one  year  previous  to  their  nomi- 
nation, the  said  Councilmen  to  be  voted  for  and  elected 
by  the  votes  of  the  whole  ward. 

Organization      Sec.  3.  The  Couucil  shall  be  exclusively  the  judges  of 
of^  the  coun-  ^j^^  elcctlous,  qualifications  and  return  of  its  own  mem- 
bers, shall  choose  a  president  i^ro  tern,  without  pay  and  a 
clerk  at  a  salary  not  exceeding  eighteen  hundred  dollars 
per  annum,  and  a  policeman  as  sergeant-at-arms. 

First  Meetin  ^^^-  '^'  "^^^  pcrsous  appearing  by  the  returns  of  Com- 
of^  the  Coun-  niissioners  of  Election  at  the  polls  to  have  been  prima 
facie  ejected  shall  freely  assemble  together  at  the  City 
Hall,  at  12  o'clock  m.  on  the  Monday  next  after  the  elec- 
tion. The  Mayor  shall  call  the  Council  to  order  and  shall 
be  its  presiding  officer,  and  the  old  clerk  shall  act  until 
his  successor  is  chosen.  The  Mayor  shall  cause  to  be  en- 
rolled and  shall  adminster  the  oath  of  office  to  those 
who  appear,  by  the  return  of  the  commissioners,  to  have 
been  elected ,  excluding  the  name  of  any  one  not  so  re- 
turned. 

Expulsion  of  J^EC.  5.  The  Council  may  expel  one  of  its  own  mem- 
members.  y^^^^  ^^  ^  ^^^^  ^j  two-thirds  of  all  the  members  elected 
to  such  Council,  five  days'  notice  and  an  opportunity  of 
being  heard  in  his  defence  having  been  previously  given 
said  member,  but  no  member  shall  be  twice  tried  for 
the  same  cause. 


r  s     ana 
duties  of    the 


and     Health. 


CITY  CHARTER.  11 

Sec.  6.  The   Council  or  a  committee  thereof,  duly  au- Authority  to 

.  "^     .  punish. 

thorized  thereto  by  resolution,  may,  during:  the  session 
of  the  Council  or  of  such  committee,  punish  by  arrest 
and  imprisonment  any  person  who  is  guilty  of  disrespect, 
disorderly  or  contemptuous  behavior  in  the  presence  of 
the  Council  or  of  such  committee,  may  summon  wit- 
nesses and  compel  their  attendance  and  administer  oaths 
by  the  president  or  chairman,  compel  witnesses  to  tes- 
tify and  to  produce  books  and  papers,  and  may  punish 
them  by  imprisonment  for  failure  to  attend  or  refusal  to 
testify  or  produce  books  and  papers,  but  no  such  im- 
prisonment shall  exceed  ten  days  for  each  offence. 

Sec.  7.  The  Council  shall  have  power,  and  it  shall  be  po 
their  duty,  to  pass  such  ordinances  and  to   see  to  their    co'Inci 
faithful  execution  as  may  be  necessary  and  proper : 

(1)  To  preserve  the  peace  and  good  order  of  the  city.  Peace  and  or 

(2)  To  maintain  its  cleanliness  and  health  and  to  thisciean 
end  (a)  to  adopt  and  provide  an  efficient  system  of 
drainage;  (J)  to  provide  for  the  inspection  and  clean- 
liness of  all  vaults,  privies,  yards,  pools,  markets, 
■cemeteries ;  (c)  to  regulate  the  location  of  and  in- 
spection and  cleansing  of  dairies,  stables,  cattle 
yards,  landings  and  pens,  slaughter-houses,  soap,  glue, 
tallow  and  leather  factories,  depositories  for  hides,  and 
all  places  or  business  likely  to  be  or  become  detrimental 
to  health,  and  to  adopt  such  ordinances  and  regulations 
as  shall  be  necessary  or  expedient  tor  the  protection  of 
health,  and  to  prevent  the  spread  of  disease  and  to  main- 
tain a  good  sanitary  condition  in  the  streets,  public 
places  and  buildings,  and  on  all  private  premises.  The 
Common  Council  shall  provide  for  the  frequent  inspec- 
tion of  all  premises  by  persons  to  be  designated,  either 
by  the  Common  Council  or  by  the  Board  of  Health  in  the 
city ;  they  shall  also  prescribe  what  water  supply  shall 
be  provided  by  the  owners  of  private  premises  and  that 
all  premises,  yards,  streets  and  alleys  shall  be  kept  in  a 
cleanly  condition ;  shall  provide  for  the  punishment 
of  any  violation  of  such  ordinance  or  regulation, 
by  fine  or  imprisonment  or  both ;  and  all  such  fines, 
when  recovered,  shall   be   paid  over   to  the  Board  of 


12  CITY  CHARTER. 

Health,  to  assist  in  its  maintainance ;  (d)  to  suppress  all 
nuisances ;  (e)  to  prevent  the  sale  of  adulterated  or  de- 
cayed food,  and  to  punish  the  same;  to  punish  the  sale 
of  adulterated  drinks. 

To  open  streets.  (3")  ^q  opcu  and  kccp  opcu  aud  .free  from  obstruction 
all  streets,  public  squares,  wharves,  landings,  lake-shore 
and  river  and  canal  banks. 

Repairs  of     (4)  To  kccp  the  strccts  and  crossings  and  bridges  and 
bridges.        canals  and  ditches  clean  and  in  repair. 

(5)  To  organize  and  provide  an  efficient  police. 

Lights.  (6)  To  light  the  streets,  wharves,  landings  and  public 

squares. 

(7)  To  organize  and  maintain  free  public  schools. 

Fires.  (8)  To  provide  for  the  extinguishing  of  fires. 

Levees.  (9)  To  maintain  levees,  dykes,  and  to  protect  the  city 

from  overflow. 

Sec.  8.  The  Council  shall  also  have  power: 

Streets.  (1)  To  ordcr  the  ditching,  filling,  opening,  widening 

and  paving  of  the  public  streets,  and  to  regulate  the 
grade  thereof. 

Cemeteries.  (2)  To  regulatc  the  public   cemeteries,  to  order  the 

manner  of  conducting  the  same  and  to  order  the  closing 
of  same, 

(3)  To  compel  the  owners  of  any  lot  or  lots  to  fill  the 
same  to  a  grade  above  the  grades  of  the  streets  and  to 
construct  drains  or  gutters. 

Public  Squares.  (4)  To  improvc  and  embellish  public  squares  and 
parks  and  places. 

Wharves.  (5)  To  prcscrlbc  and  collect  wharfage  and  levee  dues 

and  to  erect  sheds  over  the  wharves  and  buildings,  to 
protect  merchandise  and  to  make  such  charges  therefor 
as  will  pay  for  the  construction,  keeping  in  repair, 
lighting  and  policing  of  such  wharves  and  sheds  and  no 
more.  The  Council  may  lease  or  farm  out  the  wharves 
and  landings  in  section  for  a  period  not  exceeding  ten 
years  to  such  persons  as  will  bind  themselves  with 
security  to  construct  and  keep  in  good  repairs  such 
wharves  and  landings  and  construct  and  keep  in  repairs 
sheds  over  the  wharves,  and  light  the  same  and  pay  for 
the  cost  of  policing  the  same  for  such  just  and  reason- 


I 


CITY  CHARTER.  13 

able  charges  on  the  vessels  and  merchandise  or  either, 
for  the  use  of  the  wharves  and  sheds  as  may  be  fixed  in 
advance  by  the  Council,  and  with  such  specifications  as 
may  be  required  by  them. 

The  Council  shall  have  power : 

(6)  To  compel  the  owners  of  property  or  tenants  to^^j^^^^   side- 
keep  their  sidewalks  in  front  of  such  property  clean  and    ^*"'«- 

in  repair. 

(7)  To  prevent  explosive    and    dangerous  substances 

from  being  stored  or  kept  in  dangerous  quantities  in  the  ^°"  "stibies. 
city,  to  designate  the   places  where  such   dangerous  ar- 
ticles may  be  stored  and  to  regulate  the  manner  of  haul- 
ing and  keeping  explosive  substances. 

(8)  To  determine  within  what  limit  wooden  buildings  wooden  BuUd. 
shall  not  be  erected  and  to  prevent  the  reconstruction  in    "'*^" 
wood  of  old  buildings  within  such  limits, 

(9)  To  regulate  the  safety,  height  and  thickness  of  the 
walls  and  structures, 

(10)  To  determine  what   animals   shall  not  be  per- Animals  at 
mitted  to  rove  in  the  limits  of  the  city,  and  cause  them     *'^^' 

to  be  killed  or  to  be  confined  and  sold  when  found  to 
be  roaming  at  large. 

(11)  To  regulate  the  police  of  theatres,  public  balls,  pi; 
dance  houses,  concert  saloons,  taverns,  hotels,  houses 
of  public  entertainment,  shops  or  places  for  retailing 
alcoholic  liquors,  houses  of  prostitution  and  assignation, 
and  to  exclude  such  houses  from  certain  limits,  and  shall 
have  power  to  close  the  same,  and  to  close  houses  and 
places  for  the  sale  of  intoxicating  liquors  when  the  pub- 
lic safety  may  require  it,  and  to  authorize  the  Mayor 
and  police  to  close  such  places. 

(12)  To  close  all  gambling  houses  and  to  expel  fromGambi  i  n  g 
the  city  and  to  imprison  all  bunko  men,  fraudulent  or    '"'"^^^• 
unauthorized  lottery  men,  common  cheats  and  swindlers, 

beggars  and  dangerous  and  suspicious  characters, 

(13)  Have  the  power  to  authorize   the  use  of    the  Railroads 
streets  for  horse  and  steam  railroads  and  to   regulate 

the  same,  to  require  and  compel  all  lines  of  rail- 
way or  tramway  in  any  one  street  to  run  on  and  use  one 
and  the  same  track  and  turn-table,  to  compel  them  to 


I  a  c  e  s       o 
amusement. 


14  CITY  CHARTER. 

keep  conductors  on  their  cars,  and  compel  all  such  com- 
panies to  keep  in  repair  the  streets  and  bridges  and 
crossings  through  or  over  which  their  cars  run. 

Batture.  (14)  To  lay  off  and  sell  in  lots  or  squares  so  much  of 

the  batture  from  time  to  time  as  may  not  be  required 
for  the  public  purposes  ;  but  the  right  of  accretion  or  to 
future  batture  shall  never  be  sold. 

Public  institu-  (15)  To  establish  jails,  houses  of  refuge,  reforma- 
tion and  correction  and  make  regulations  for  their  gov- 
ernment and  to  exercise  a  general  police  power  in  the 
city  of  New  Orleans. 

Sec.  8  amended  by  Act  114  of  1886--Side\valks. 

Passage  of  Or-  Sec.  9.  No  Ordinance  or  resolution  shall  pass  the 
Council  at  the  same  session  at  which  it  is  first  offered ; 
but  any  ordinance  or  resolution  shall  at  its  first  offer- 
ing be  read  in  full  and  shall  lay  over  one  week  before 
being  finally  considered  by  the  Council. 

Sec.  10.  On  the  election  of  a  new  Council  the  Mayor, 
or  in  his  default  the  President  i^ro  tem.  of  the  last  pre- 
ceding Council,  shall  call  the  new  Council  to  order  and 
preside  until  a  new  President  iwo  tempore  is  chosen. 

Open  doors.  gEC.  11.  Tlic  Couucil  shall  sit  with  open  doors  and 
no  resolution  or  ordinance,  except  resolutions  for  inves- 
tigation and  for  the  conduct  of  parliamentary  business, 
shall  have  the  force  of  law  unless  it  receives  the  votes 
of  the  majority  of  the  members  elected  to  said  Council, 
and  unless  on  its  final  passage  the  ayes  and  nays  are 
called  and  i-ecorded. 


EXECUTIVE    DEPARTMENT. 

Executive  |De-      Qec.  12.  The  executivc  power  of  the  city  of  New  Or- 

partment.  ^ 

leans  shall  be  vested  in  one  Mayor,  one  Treasurer,  one 
-  Comptroller,  one  Commissioner  of  Public  Works,  and 
one  Commissioner  of  Police  and  Public  Buildings. 
These  officers  shall  be  at  least  twenty-five  years  of  age 
(except  the  Mayor,  who  shall  be  at  least  thirty),  citi- 
zens of  this  State  and  residents  of  New  Orleans  for  five 
years  next  preceding  their  election.  They  shall  be 
elected  by  the  people  of  New  Orleans  for  the  term  of 
four  years. 


CITY  CHARTER.  15 

Sec.  13.  All  legally  registered  voters  entitled  to  vote  Elections, 
for  State  officers  shall  be  entitled  to  vote  for  city  officers. 
All  elections  for  city  officers  shall  be  by  ballot.  No 
ballot  shall  be  rejected  because  of  the  erasure  or 
scratching  of  any  names  and  the  substitution  and  in- 
terlineation of  any  other  name. 

Sec.  14.  The  Commissioners  of  Election  shall  make  Election  Re. 
return  of  the  votes  cast  at  each  election  precinjpt  or  *"''"^' 
voting  place  for  city  officers  to  the  Mayor,  or  if  he  be 
a  candidate  for  re-election  to  the  President  pro  tern. 
of  the  Covmcll,  who  shall  cause  therefrom  the  returns 
to  be  added  up  in  the  presence  of  any  and  all  persons 
who  choose  to  be  present  in  the  room  where  the  Council 
assemble,  and  he  shall  therefrom  make,  or  cause  the 
clerk  of  the  Council  to  make,  a  roll  of  the  newly-elected 
Councilmen,  without  excluding  any  who  are  prima  facie 
elected.  This  roll  shall  be  prepared  on  the  day  after 
the  election,  or  as  soon  as  the  returns  are  received.  As 
soon  as  the  new  Council  is  organized  it  shall  immedi- 
ately proceed  to  compile  the  votes  for  Mayor  and  other 
city  officers  elected  at  the  same  time  and  proclaim  the 
result  of  the  popular  vote.  They  shall  be  incompetent 
to  proceed  to  any  other  business  until  that  is  done.  The 
President  pro  fern,  of  the  Council  shall  immediately  ad- 
minister the  oath  of  office,  and  no  commission  from  the 
Governor  or  other  title  shall  be  necessary. 

Sec.  15.  The  election  of  "the  city  officers  other  than  contested  Kiec 
the  Councilmen  may  be  contested  in  courts  in  the  same 
manner  as  is  now  or  may  be  provided  by  law  for  con- 
testing the  election  of  State  officers. 

Sec.  16.  The  Mayor  and  all  other  officers  elected  oroathof  office, 
appointed  by  virtue  of  this  act  shall,  before  they  enter 
on  the  duties  of  their  said  offices  respectively,  take  and 
subscribe  the  oath  described  by  Article  149  of  the  Con- 
stitution of  the  State,  and  also  the  further  oath  that 
they  possess  the  qualifications  prescribed  by  this  act. 

Sec.  17.  It  shall  be  the  duty  of  the  Mayor  to  publish  Publications  of 
all  ordinances  and  resolutions  passed   by  the  Council,    O'"'^'"'*""^- 
and  it  shall  be  the  duty  of  the  clerk  of  the  Council  to 
publish  the  proceedings  of  the  Council.     The  whole  in  a 


16  CITY  CHARTER. 

newspaper  published  daily  in  New  Orleans,  and  which 
shall  have  been  in  existence  as  a  daily  paper  for  one 
year  previous  to  the  contract,  the  proprietors  of  which 
paper  shall  offer  to  publish  said  proceedings  at  the  lowest 
price  at  public  auction  after  one  week's  notice,  and  give 
good  security  for  the  faithful  performance  of  the  work. 
Such  offering  shall  be  made  at  least  every  two  years, 
and  no  contract  shall  be  made  for  a  longer  period. 

Ineligibility      Sec.  18.  No  member  ot  the  Council  shall  hold  any 

of     members 

of  the  coun-  other  employment  or  office  under  the  government  of  the 
city  of  New  Orleans  while  he  is  a  member  of  said  Coun- 
cil, and  no  member  of  the  Council  or  any  officer  of  the 
corporation  shall  be  directly  or  indirectly  interested  in 
any  work,  business  or  contract,  the  expense  or  price  or 
consideration  of  which  is  paid  from  the  City  Treasury 
or  by  an  assessment  levied  by  an  ordinance  or  resolution 
of  the  Council,  nor  be  surety  for  any  person  having  a 
contract  work  or  business  with  said  city,  for  the  per- 
formance of  which  security  may  be  required,  nor  be 
surety  for  any  officer  or  employee. 
Salification      Sec.  19.  The  Mayor  shall  bc  at  least  thirty  years  of 

and  dutif  s  of  -^  ,  -,  „  .    . 

the  Mayor,  agc,  tcu  ycars  a  citizen  of  the  State  and  five  years  a  citi- 
zen of  the  city,  and  shall  have  the  qualifications  re- 
quired for  the  members  of  the  House  of  Representatives 
of  the  State.  He  shall  keep  his  office  at  the  City  Hall ; 
he  shall  have  a  seal  to  be  called  the  Seal  of  the  City  of 
New  Orleans,  which  shall  be  affixed  to  all  proper  official 
acts  of  the  corporation ;  he  shall  see  that  the  laws  and 
ordinances  within  the  limits  of  the  city  of  New  Orleans 
be  properly  executed ;  he  shall  be  ex-officio  justice  and 
conservator  of  the  peace ;  shall  appoint  police  officers, 
policemen,  watchmen,  by  and  with  consent  of  a  majority 
of  Council,  under  the  ordinances  of  the  Council  (organ- 
izing the  same),  and  suspend  the  same  at  pleasure,  and 
in  case  ot  suspending  any  officer  of  the  police  he  shall 
communicate  the  fact  and  cause  of  such  suspension  to 
the  Council  for  their  action  ;  he  shall  only  preside  at 
and  on  all  meetings  of  the  Council ;  he  shall  only  have 
the  right  to  vote  in  case  of  a  tie,  in  which  case  he  shall 
have  the  casting  vote,  but  he  shall  have  the  right  to  de- 


CITY  CFIARTER.  17 

bate  upon  the  floor  of  said  Council  and,  participate  fully 
in  all  proceedings  thereof,  subject  to  the  rigjitof  voting 
only  in  case  of  a  tie;  he  shall  alone  contfo]  aQd  make 
regulations  to  the  police  officers,  policemen  and  watch- 
men, such  regulations,  however,  subject  to  repeal  by  a 
two-thirds  vote  of  the  Council ;  he  shall  call  meetings 
i)f  the  Council  whenever  he  shall  deem  tlie  same 
necessary,  or  whenever  five  members  of  said  Council 
may  request  him  in  writing  to  do  so ;  he  shall  also  ap- 
point an  inspector  of  elections  at  eacli  ])recinct  of  the 
city  of  New  Orleans ;  he  shall  from  time  to  time  lay 
before  the  Council  a  full  statement  of  the  condition  of 
affairs  of  the  city ;  it  shall  be  his  duty  to  report  to  the 
Council  all  officers  and  persons  employed  by  the  city 
who  fail  to  perform  their  duty,  or  commit  any  act  for 
which  they  should  be  impeached  or  removed  from  office, 
and  may  in  his  discretion  suspend  any  such  officer  or 
employee  until  the  action  of  the  Council,  to  whom  he 
shall  report  said  suspension  at  their  first  meeting  there- 
after. The  Mayor  shall  receive  an  annual  salary  of  three  SaUry. 
thousand  five  hundred  dollars ;  no  fee  shall  be  allowed 
him  for  his  own  use  and  benefit,  upon  any  pretense 
whatever,  and  he  shall  render  a  monthly  account  and 
pay  unto  the  Treasurer  all  sums  which  he  may  receive 
for  dues  or  fees  of  any  description. 

Sec.  20.  All  ordinances  and  resolutions  after  having  Approval  of 
been  passed  by  the  Council  shall  be  transmitted  to  the 
Mayor  for  his  consideration,  who,  if  he  shall  approve 
thereof,  shall  sign  and  publish  the  same,  and  such  or- 
dinances and  resolutions  shall  thereupon  have  the  force 
of  law.  But  if  the  Mayor  shall  disapprove  of  any  or- 
dinances or  resolution  transmitted  to  him  as  aforesaid, 
he  shall,  within  five  days  from  the  time  he  received  it, 
return  the  same  to  the  Council  with  his  objections  in 
writing,  and  if  two-thirds  of  the  members-elect  shall 
adhere  to  said  ordinance  or  resolution  notwithstanding 
said  objection,  then  and  not  otherwise,  the  said  ordi- 
nance or  resolution  shall,  after  publication  thereof ,  have 
the  force  of  law ;  the  failure  to  return  an  ordinance  with 
his  veto,  within  five  days  if  the  Council  be  in  session,  or 


18  CITY  CAARTER. 

next  session  of  the  Council  after  five  days,  shall  have 
the  the  same  effect  as  a  veto.  Any  ordinance  making^ 
appropriation  or  fixing  the  number  and  salaries  of  em- 
ployees may  be  approved  in  part  or  vetoed  as  to  specific 
items  mentioned  by  the  Mayor  in  his  veto  message. 

^'coniptrone'r!  ^EC.  21.  Thc  Comptroller  shall  have  a  general  super- 
intendence of  the  fiscal  affairs  of  the  corporation.  He 
shall  prescribe  the  mode  and  form  of  keeping  the  corpo- 
ration books  and  accounts  in  every  department  entrusted 
with  the  receipts  and  expenditures  of  money,  and  said 
books  and  accounts  and  the  rolls  and  books  kept  by  the 
Assessors  shall  be  at  all  times  subject  to  the  inspection 
of  the  Comptroller,  the  Treasurer  and  the  Chairman  of 
the  Finance  Committee  of  the  Council.  The  Comptroller 
shall  examine  and  audit  all  claims  and  demands  against 
or  in  favor  of  the  corporation,  and  all  accounts  for  the 
collection  of  the  revenue  shall  originate  in  his  office. 
No  money  shall  be  received  by  the  Treasurer  or  any 
other  officer  from  any  source  whatever,  except  on  a  writ- 
ten order,  receipt  or  other  document  signed  by  the  Comp- 
troller, and  no  money  shall  be  paid  out  of  the  Treasury 
unless  authorized  by  an  ordinance  or  resolution  of  the 
Council  and  on  a  warrant  signed  by  the  Comptroller. 
All  accounts  or  bills  for  the  collection  of  revenues  shall 
be  divided  in  classes  corresponding  with  the  different 
sources  from  which  said  revenue  is  drawn,  and  the  ac- 
counts or  bills  of  each  class  shall  be  numbered  from  one 
upward,  and  said  accounts  or  bills  when  delivered  to  the 
Treasurer  shall  be  charged  to  said  Treasurer  on  the 
books  of  the  Comptroller  as  cash  received  by  the  Treas- 
urer to  be  accounted  for  by  him.  The  Comptroller  shall 
not  warrant  upon  the  Treasurer  for  the  payment  of  any 
bill,  requisition,  claim,  pay-roll  or  demand  of  any  na- 
ture whatsoever,  whether  the  same  arise  out  of  contract 
or  otherwise,  except  said  bill,  requisition,  claim,  pay- 
roll or  demand  is  presented  to  said  Comptroller  with  the 
signature  of  the  Chairman  of  the  Finance  Committee  of 
the  Council  endorsed  thereupon  in  approval  of  the  same, 
and  said  Comptroller  shall  retain  in  his  hand  as  his 
vouchers,  all  bills,  requisitions,  pay-rolls  and  other  evi- 


CITY  CHARTER.  19 

dences  of  claims  and  demands  warranted  for  by  him,  and 
shall  register  the  same  in  regular  order  in  a  book  kept  for 
that  purpose,  but  when  a  third  party  is  liable  to  the  city 
for  payment  or  reimbursement  in  whole  or  in  part  of 
any  claim  or  demand  so  warranted  for  by  the  said  Comp- 
troller, said  Comptroller  shall  place  said  claim  or  de- 
mand in  the  hands  of  the  City  Attorney  for  collection, 
taking  his  receipts  therefor.  The  Comptroller  shall  keep 
a  full  set  of  books  in  which  all  the  fiscal  operations  of  the 
corporation  shall  be  recorded.  He  shall  in  every  month 
of  each  year  lay  before  the  Council  and  the  Mayor  a  re- 
port of  the  receipts  and  expenditures  during  the  past 
month,  giving  not  only  the  various  items  of  receipts 
and  expenditures  but  a  full  detail  of  the  names  of  all 
persons  to  whom  money  has  been  paid,  the  amount 
thereof,  the  number  of  warrant  and  the  date  of  the  reso- 
lution or  ordinance  authorizing  the  expenditures.  He 
shall  also  in  the  months  of  January  and  July  of  each 
year  lay  before  the  Council  and  the  Mayor  a  report  giv- 
ing not  only  the  various  items  of  said  receipts  and  ex- 
penditures, but  a  full  detail  of  the  names  of  all  persons 
to  whom  money  has  been  paid,  the  amount  thereof,  the 
number  of  the  warrants  and  the  date  of  the  resolution 
authorizing  the  expenditures.  The  report  shall  embrace 
a  statement  of  the  indebtedness  of  the  city,  showing  in 
detail  all  outstanding  obligations,  their  date,  amount, 
to  whom  and  for  what  issued,  when  due  and  under  what 
resolution  or  ordinance  authorized.  It  shall  also  con- 
tain estimates  to  be  made  by  the  Commissioner  of 
Public  Works  and  Chairman  of  the  Finance  Commit- 
tee of  the  Council  of  the  receipts  and  expenditures  for 
the  current  six  months ;  said  report,  in  a  condensed  form, 
shall  be  published  in  book  form.  All  contracts  for 
public  works  or  for  materials  or  supplies  ordered  l)y 
the  Council  shall  be  offered  by  the  Comptroller  at  public 
auction  and  given  to  the  lowest  bidder  who  can  furnish 
security  satisfactory  to  the  Council,  or  the  same  shall,  at 
the  discretion  of  the  Council,  be  advertised  for  proposals,  ' 
to  be  delivered  to  the  Comptroller  in  writing,  sealed  and 
to  be  opened  by  said   Comptroller   in  presence  of  the 


20  CITY  CHARTER. 

Finance  Committee  of  said  Council,  and  u:iven  to  the 
person  making  the  lowest  proposal  therefor  who  can 
furnish  security  satisfactory  to  the  €ouncil ;  provided, 
that  the  Council  shall  in  either  case  have  the  right  to 
reject  any  or  all  bids  or  proposals,  and  he  shall  gener- 
ally, in  addition  to  the  duties  herein  enumerated,  per- 
Bond  and  sal- f  orm  all  such  Other  dutics  as  the  Couucil  shall  prescribe. 
*'^"  He  shall,  before  entering  on  the  duties  of  his  office,  give 

bond  to  the  amount  of  fifty  thousand  dollars,  and  with 
such  sureties  as  shall  be  approved  by  the  Council,  for 
the  faithful  performance  of  his  duties,  and  he  shall  re- 
ceive for  his  services  as  a  salary,  three  thousand  five 
hundred  dollars  per  year. 

Duties  of  the  Sec.  22.  Thc  Treasurer  shall  receive  and  safely  keep 
in  such  bank  as  the  Council  shall,  in  session,  elect  viva  voce 
all  moneys,  bills  receivable,  dues  and  assets  belonging  to 
the  corporation.  He  shall  deposit  daily  in  said  bank  all 
moneys,  bills  receivable,  dues  and  assets  belonging  to  the 
corporation,  received  by  him  except  as  before  excepted. 
He  shall  pay  on  the  warrants  of  the  Comptroller  and  by 
check  drawn  to  order  and  countersigned  by  the  said 
Comptroller  and  the  Mayor,  or  in  case  of  said  Comp- 
troller or  Mayor's  absence  or  sickness,  countersigned  by 
said  Comptroller's  chief  clerk  and  president  y^ro  teni.  of 
the  Council,  all  claims  against  the  city  which  the  Council 
may  authorize,  and  in  no  case  shall  the  Treasurer  pay 
any  claim  whatever  against  the  city  except  in  the  man- 
ner set  forth.  He  shall  keep  a  check  book  in  which  the 
daily  deposit  of  money  made  by  him  shall  fully  appear, 
and  he  shall  each  day  deduct  therefrom  the  amount  of 
the  checks  drawn  by  him,  so  that  the  balance  in  bank  in 
favor  of  the  city  shall  at  all  times  appear  upon  the  mar- 
gin of  said  check  book.  The  Treasurer  shall  take  a  re- 
ceipt from  each  person  in  whose  favor  he  draws  a  check 
upon  the  money  of  the  city  deposited  as  above  set  forth, 
which  receipt  shall  fully  and  clearly  state  the  considera- 
tion for  which  the  check  receipted  for  was  given.  The 
Treasurer  shall  balance  his  check  book,  bank  book,  cash 
book  and  accounts  with  the  Comptroller  weekly,  and  he 
shall  cancel  each  week,  and  in  the  presence  of  the  Fi- 


CITY  CHARTER.  21 

iianee  Committee  of  the  Council  and  the  Mayor,  all  war- 
rants and  evidences  of  claims  against  the  city  which 
shall  have  been  paid  by  hira,  and  all  books  kept  by  him, 
including  his  check  book,  bank  book  and  all  return 
checks  and  warrants  and  evidences  of  claims  against 
the  city  paid  by  him,  and  all  receipts  taken  by  him 
shall  be  at  all  times  subject  to  the  inspection  of 
the  Conix)troller,  Finance  Committee  of  the  Council  and 
the  Mayor.  He  shall  furnish  the  Comptroller  with  a 
daily  report  in  writing  of  the  receipts  and  expenditures, 
and  all  the  fiscal  transactions  of  his  office,  and  he  shall 
lay  before  the  Council  and  furnish  to  the  Mayor,  at  each 
regular  meeting  of  said  Council,  a  detailed  report  of  the 
same,  which  shall  be  published,  .and  generally  he  shall  Bond  and  sai- 
perform  all  such  duties  as  may  be  imposed  on  him  by  "^' 
said  Council.  He  shall,  before  entering  upon  the  duties 
of  his  office,  give  bond  to  the  amount  of  fifty  thousand 
dollars  and  with  such  sureties  as  shall  be  approved  by 
the  Council  for  the  faithful  performance  of  his  duties, 
and  shall  receive  for  his  services  an  annual  salary  of 
three  thousand  five  hundred  dollars. 

Se(\  28.  In  all  cases  where  the  Mayor,  Comptroller,  signatures  of 
Treasurer,  or  any  other  officer  of  the  city,  is  required  by 
this  act  to  sign  any  account,  order,  check,  receipt,  bond, 
document  or  other  paper,  said  signing  shall  be  made  in 
his  own  proper  handwriting,  and  in  no  case  shall  $aid 
officer  use  a  stamp,  or  types,  or  any  engraved  instrument 
for  that  purpose,  uor  shall  they  authorize  a  clerk  or 
(lc])uly. 

Sec.  24.  The  Commissioner  of  Public  Works  shall  Duties  of  com- 
have  general  charge  and  superintendence  of  all  mat-  piMk:"works. 
ters  relating  to  waterworks,  railroads,  canals,  levees, 
weights  and  measures,  the  fire  department  and  man- 
ufactures, streets,  sidewalks,  pavements  and  wharves. 
The  construction,  cleansing  and  repair  of  the 
same.  The  construction  and  repair  of  bridges  and  drain- 
age and  hygiene  of  the  city  in  so  far  as  the  same  may 
be  compatible  with  the  laws  and  duties  of  the  Board  of 
Health,  and  shall  be  vested  with  and  perform  such  other 
functions   as  may  be  [prescribed  by  said  Council.     He 


22  CITY  CHARTER. 

shall  report  to  the  Mayor  in  detail  the  working  of  his 
department.  He  shall  cause  to  be  made  from  time  to 
time,  at  least  quarterly,  a  detailed  statement  to  be  sub- 
mitted to  the  Council,  stating  the  conditions  of  the 
streets  from  curb  to  curb,  including  the  bottom  and 
grades  of  the  gutters  along  which  tracks  are  laid  or  rail- 
roads cross  or  pass ;  also  the  condition  of  the  bridges, 
wings  and  crossings,  whether  the  same  be  of  iron  or 
wood,  also  whether  the  grades  of  such  railroad  tracks, 
bridges  and  crossings  are  level  with  the  surface  of  the 
street,  also  whether  the  natural  drainage  of  any  gutter 
is  impeded  by  bridges  or  culverts  over  which  said  tracks 
are  laid  being  too  low  or  high,  or  for  want  of  iron  cross 
pieces  being  used  for  bridges  in  lieu  of  wood,  or  whether 
such  natural  drainage  is  impeded  for  want  of  bottoms  in 
bridges,  or  whether  such  bottoms  or  bridges  require  to 
be  lowered  or  raised.  He  shall,  before  entering 
Bond  and  sal  upou  thc  dutics  of  his  officc,  givc  bond  in  the  sum  of 
/"^'  twenty-five   thousand   dollars,    with   good   and  solvent 

security,  residing  within  the  jurisdiction  of  the  courts 
of  the  parish  of  Orleans,  as  shall  be  approved  by  the 
Council,  conditioned  for  the  faithful  performance  of  his 
duties.  He  shall  receive  an  annual  salary  of  three 
thousand  five  hundred  dollars. 

Duties  of  Com-     Sec.    25.    Thc   Commissiouer  of    Police   and   Public 

missioner    oi 

Police    and  Buildings    shall,  SO  far   as   the   Council   may  have  au- 
ings.  thority,  have  in  charge  the  Houses  of  Refuge  and  Cor- 

rection, Pounds  and  Cemeteries  and  lighting  of  the  city, 
and  shall  be  vested  with  and  perform  such  other  func- 
ti(ms  and  duties  as  may  be  prescribed  by  the  Council, 
provided  that  no  authority  or  duty  herein  conferred  or 
imposed  upon  said  department  or  upon  the  Council 
shall  conflict  with  or  impair  any  of  the  powers,  duties 
and  rights  conferred  by  this  act  upon  the  Mayor.  He 
shall  have  general  superintendence  of  the  schoolhouses, 
markets,  slaughter  houses,  prisons  and  police  stations 
and  jails,  workhouse,  asylums,  hospitals  and  all  courts 
and  public  buildings  except  the  City  Hall,  which  shall  be 
under  control  of  the  Mayor  and  the  several  executive 
officers.     He   shall   be   vested   with   and   perform  such 


CITY  CHARTER  23 

other  functions  and  duties  as  may  be  prescribed  by  the 

Council.     He   shall   report  to  the  Mayor  monthly  the 

full   details   and     workings   of    his    department.      He 

shall  receive  an  annual  salary  of  three  thousand  dollars. 

He  shall,  before  entering  upon   the   duties  of  his  office,  Bond  and  sai. 

in  addition   to  the  oath  required,  give  bond  in  the  sum 

of  twenty-five  thousand  dollars,  with  good  and  solvent 

securities,  resident  within  the  jurisdiction  of  the  courts  of 

the   parish  of  Orleans,  as  shall  be  approved  of   by  the 

Council,  conditioned  for   the   faithful  discharge  of  his 

duties. 

Amended  by  Act  87  of  1894. 

Sec.  26.  The  Council  shall  elect  for  the  term  of  four  city  surveyor 
years  a  Surveyor  of  good  standing,  who  shall  have 
practiced  the  profession  of  Civil  Engineer  for  at 
least  three  years  prior  to  his  election.  He  shall  re- 
ceive an  annual  salary  of  two  thousand  five  hundred 
dollars.  He  shall  furnish  the  Council  and  the  proper 
authorities  of  the  city,  when  so  ordered,  with  all 
the  plans,  estimates  and  other  information  apper- 
taining to  his  department  which  the  said  Council  or 
other  executive  officers  may  require.  He  shall  superin- 
tend the  construction  of  public  works  and  report  after 
the  completion  of  the  same  the  manner  in  which  works 
have  been  executed,  and  shall  perform  such  other  duties 
as  the  Council  may  direct.  There  shall  be  also  elected  an- 
nually by  the  Council  not  more  than  seven  deputy  survey- 
ors, skilled  in  their  profession,  who  shall  hold  their  offices, 
unless  sooner  removed,  until  their  successors  shall  be 
duly  elected  and  qualified.  The  Surveyor  and  Deputy  Deputy  Sur- 
Surveyors  shall  take  oath  required  by  section  sixteen  of  ""^y*""®- 
this  charter  and  shall  furnish  bond  with  sureties  to  the 
satisfaction  of  the  Council  in  the  sum  of  five  thousand 
dollars  to  guarantee  the  faithful  performance  of  their 
■duties.  They  shall  keep  an  office  within  the  districts  to 
be  designated  by  the  Surveyor,  but  shall  have  au- 
thority to  make  surveys  anywhere  within  the  cor- 
porate limits.  That  the  compensation  to  Deputy 
Surveyors,  on  all  surveys  in  amount  exceeding  five 
•dollars,    is  hereby   fixed   at   the  rate   of  two  cents   per 


24  CITY  CHARTER. 

runiiiiie:  foot,  to  be  paid  hy  the  persons  who  shall  em- 
ploy them  to  give  lineations  of  their  property,  and  they 
shall  file  a  copy  of  each  certificate  given  by  them  to 
property  owners  in  the  office  of  the  City  Surveyor  im^ 
mediately  aftei-  such  survey.  That  the  property  owners 
shall  notify  a  Deputy  Surveyor  of  all  new  sub-divisions 
of  properties  made  by  them,  under  a  penalty  of  fifty  dol- 
lars for  each  neglect  so  to  do,  and  all  lines  for  sub-di- 
visions shall  be  given  by  Deputy  Surveyor ;  that  it  shall 
be  unlawful,  under  a  penalty  of  fifty  dollars  for  each  and 
every  offence,  for  any  person  or  persons  to  lay  any  side- 
walk, street,  railroad  or  other  improvement  upon  the 
street,  sidewalks  , public  ways  or  grounds  of  the  city, 
until  the  lines  and  levels  thereof  shall  have  been  fur- 
nished by  the  City  Surveyor,  and  the  Deputy  Surveyors 
shall  not  give  such  lines  ^nd  levels  unless  by  special  in- 
structions from  the  City  Surveyor. 

City  Attorney.  ^^^'-  ^^-  "^^^^  ^^^J  Attomcy  shall  bc  the  legal  ad- 
viser of  the  corporation  on  all  matters  in  which  his  ad- 
vice may  be  necessary,  and  represent  said  corporation 
within  the  State  in  all  judical  proceedings,  suits,  actions 
and  contestations  in  which  it  may  have  an  interest  as 
hereinafter  provided.  No  extra  compensation  or  fee 
shall  be  allowed  him  and  no  attorney  shall,  in  any  case, 
be  appointed  to  assist  him,  unless  by  a  vote  of  two- 
thirds  of  the  members  present  of  the  Council.  He  shall 
receive  a  salary  of  three  thousand  five  hundred  dollars 
per  year.  He  shall  have  the  a]jpointment  of  all  assist- 
ants or  assistant  counsel  that  the  Council  may  allow 
him.  He  shall  be  appointed  by  the  Council  for  the 
term  of  four  years. 
,  ^       Sec.  28.     That  all  the  rights,  titles  and    interest  of 

Property  of  the  "  ' 

City.  the   city  of  New  Orleans,   as  now  existing  in  and  to   all 

lands,  tenements,  hereditaments,  bridges,  ferries, 
streets,  roads,  wharves,  market  stalls,  levees  and  land- 
ing places,  buildings  and  other  property  of  whatever 
description  and  wherever  situated,  with  all  goods, 
chattels,  moneys,  effects,  debts,  dues,  demands,  bonds, 
obligations,  judgments  and  judgment  liens,  actions  and 
rights  of  actions,  books,  accounts  and  vouchers,  be  and 


CITY  CHARTER.  25 

they  are  hereby  vested   in  the  city  of  New  Orleans,  as 
incorporated  by  this  act. 

Sec.  29.  The  Comptroller,  Treasurer,  (Jommis-  Right  to  seats 
sioner  of  Public  Works  and  Commissioner  of  Police  and  cii. 
Public  Buildings  shall  have  the  right  to  seats  on  the 
floor  of  the  Council  during  the  session  thereof,  and 
under  such  rules  as  the  Council  may  adopt ;  and  such 
rules  they  are  hereby  required  to  make.  Shall  en- 
joy the  right  to  debate  and  discuss  all  matters  having 
reference  to  their  respective  departments  ;  but  in  no  case 
shall  they  have  the  right  to  vote  or  otherwise  participate 
in  the  proceedings  of  the  Council  than  as  provided  in  this 
section. 

Sec.  30.  That,  in  addition  to  the  power  of  removal  Removal.  . 
by  way  of  impeachment,  the  Council  shall  have  power 
to  remove  at  any  time  from  office  any  officer  of  the  cor- 
poration elected  by  them,  by  resolution  declaratory  of 
its  want  of  confidence  in  said  officer;  provided,  that 
two-thirds  of  the  members  elected  to  said  Council  shall 
vote  in  favor  of  said  resolution. 

Sec.  31.  That,  if  at  time  the  election  of  Mayor  or  of  officers  to  hold 
one  or  more  of  the  Council  men  or  other  public  officer  of  *'''^'^' 
the  corporation,  shall  be  annulled  or  set  aside  for  any 
cause  whatsoever,  the  incumbent  of  the  office  shall 
nevertheless  continue  to  fulfill  his  duties  until  a  successor 
shall  have  been  duly  elected  or  appointed  and  (lualified 
as  required  by  law. 

Sec.  32.  Whenever  one-fourth  of  the  owners  of  real  paring  of 
property  fronting  on  any  unpaved  or  unbanquetted  *'^'***^ 
street  in  the  city  of  New  Orleans  shall  by  petition, 
signed  by  the  petitioner  or  petititioners  and  ad- 
dressed to  the  Council  of  said  city,  asking  for  the 
paving  or  banquetting  of  said  street  or  for  any  por- 
»tion  thereof,  setting  forth  the  character  or  quality  of 
said  pavement  or  of  said  banquetting,  said  Council 
shall  have  said  petition  published  in  English,  in  the 
official  journal  of  said  city,  for  and  during  eight 
weeks,  once  in  each  week,  and  if  at  the  expiration  of 
said  publication,  so  made  of  said  petition,  a  majority 
of    the    owners    of    real    property     fronting    on     said 


26  GITY  CHARTER. 

streets  or  said  portion  thereof,  shall  not,  by  memorial 
signed  by  memoralist  or  memorialists,  and  addressed 
to  said  Council,  object  to  the  same,  said  Council  shall, 
by  resolution  or  otherwise,  order  said  paving  or  said 
banquetting,  so  petitioned  for,  to  be  made  in  accordance 
with  section  21  of  this  act,  and  the  whole  cost  of  said 
pavement  and  of  said  banquettes,  so  made  as  aforesaid, 
shall  be  borne  by  the  owner  or  owners  of  real  property 
fronting  on  said  pavement  or  on  said  banquettes,  in 
equal  proportion,  according  to  the  running  front  foot, 
and  the  cost  of  paving  intersections  shall  be  borne  by 
the  city,  provided  that  no  petition  for  new  paving 
or  banquetting  shall  be  presented  to  the  Council  during 
the  months  of  July  and  August  or  September. 
Anended  by  Act  113  of  1886. 
New  Paving,  Sec.  33.  Whenever  any  owucr  or  owuers  of  property , 
fronting  on  any  paved  or  banquetted  street  of  this  city, 
shall  by  petition,  signed  by  the  petitioner  or  petition- 
ers and  addressed  to  the  Council  of  said  city,  ask  for  a 
new  paving  or  a  new  banquetting  of  said  street,  or  any 
portion  thereof,  of  a  character  different  from  the  then 
existing  pavement  or  banquettes  of  said  street  or  of  said 
portion  thereof,  and  setting  forth  in  the  said  petition  the 
c.haracter  and  quality  of  said  new  pavement  or  said  new 
banquetting,  the  Council  shall  cause  said  petition  to  be 
published  in  the  manner  set  forth  in  the  above  section , 
and  if,  at  the  expiration  of  said  publication  so  made  of 
said  petition,  a  majority  of  the  owners  of  said  real 
property  fronting  on  said  street  or  on  said  portion 
thereof  shall  not,  by  petition  or  otherwise,  signed  by  the 
petitioner  or  petitioners  and  addressed  to  said  Council, 
■object  to  the  same,  said  Council  shall,  by  resolution  or 
otherwise,  order  said  new  pavement  or  said  new  ban- 
quetting so  petitioned  for  to  be  made  in  accordance  with 
section  21  of  this  act,  and  the  whole  cost  of  said  new 
pavement  or  said  new  banquetting,  so  made  as  aforesaid, 
shall  be  borne  by  the  owner  or  owners  of  said  real  prop- 
erty fronting  on  said  new  pavement  or  said  new 
banquettes,  in  equal  proportion  according  to  the  running 
front  foot ;  provided,  that  no  petition  for  new  paving  or 


CITY  CHARTER.  27 

new  banquetting  shall  be  presented  to  the  Council  in  the 
months  of  July,  August  or  September. 

Sec.  34.  That  whenever  any  owners  of  real  property  o  p en  i  n g  of 
situated  in  the  city  of  New  Orleans  shall,  by  petition, 
signed  by  petitioner  or  petitioners  and  addressed  to  the 
Oonncil  of  said  city,  ask  for  the  opening  or  straighten- 
ing of  a  street  or  streets  through  their  property 
and  through  other  property  adjacent  thereto,  setting 
forth  in  said  petition  the  length,  width  and  direction  of 
said  street  or  streets,  together  with  the  description  of 
said  adjacent  real  property  and  the  names  of  the  owners 
thereof,  said  Council  shall,  if  it  deems  the  same  for  the 
public  benefit,  cause  said  petition  to  be  published  as 
provided  in  sections  32  and  33,  and  if,  at  the  expiration 
•of  said  publication  so  made  of  said  petition,  a  majority 
of  the  owners  of  said  other  adjacent  property  shall  not, 
by  petition  signed  by  the  petitioners  and  addressed  to 
said  Council,  object  to  the  same,  said  Council  shall,  by 
resolution  or  otherwise,  order  said  street  or  streets  so 
petitioned  for,  to  be  opened,  widened  or  straightened, 
under  and  in  accordance  with  existing  laws,  and  the 
whole  cost  of  said  opening,  widening  and  straightening 
•of  said  street  or  streets,  so  made  as  aforesaid,  shall  be 
borne  by  the  owners  of  the  property  benefited  by  the 
same ;  provided,  that  no  petition  for  opening,  widening 
and  straightening  streets  shall  be  presented  to  the  Coun- 
cil during  the  months  of  July,  August  or  September. 

Sec.  35.  All  cost   of  publication  of  petitions,   as  re- 

^  r-       .  '  Publication    of 

quired  by  sections  32,  33  and  34  of  this  act,  shall  be  paid  petitions, 
by  the  signers  of  the  same,  and  the  majority  of  owners, 
within  meaning  of  sections  32,  33  and  34  of  this  act, 
shall  be  construed  to  be  the  owner  or  owners  of  a  ma- 
jority of  running  feet  of  real  property  fronting  on  the 
street  or  portion  of  street  to  be  paved,  banquetted,  or 
new  paved  or  new  banquetted,  in  accordance  with  sec- 
tions 32,  33  and  34  of  this  act,  and  further,  the  majority 
of  owners,  within  the  meaning  of  section  34  of  this  act, 
shall  be  construed  to  be  owner  or  owners  of  a  majority 
in  value  of  the  property  to  be  affected  by  the  opening. 


28  CITY  CHARTEB. 

widening:  or  straightening  of  a  street  or  streets  in  ac- 
cordance with  section  34  of  this  act. 

Repairs  of     Sec.  36.  All  pEved  and  unpaved  streets  and  nnpaved 
streets.         banquettes  in  the  city  of  New  Orleans  shall  be  kept  in 
repairs  by  said  city,  and  all  paved  banquettes  in  said 
city   shall  be  kept  in  repairs  by  the  owners  of  real  prop- 
erty fronting  thereon. 

Right  of  the  Sec.  37.  The  Council  may,  in  its  discretion,  provide 
p^ve"  striet'^s"  for  the  paviug  or  banquetting  of  any  street  or  portion 
thereof  at  the  expense  of  the  whole  city,  and  may  there- 
upon force,  impose  and  collect  of  the  front  proprietor 
of  lots  fronting  on  such  streets  a  specific  local  assess- 
ment in  proportion  to  the  frontage,  not  exceeding  the 
increase  in  the  value  of  the  property  occasioned  by  the 
local  improvement,  and  such)local  assessment  shall  liave 
a  first  privilege  superior  to  vendor's  privilege  and  all 
other  privileges  and  mortgages. 

Amended  by  Act  119  of  1886:  and  Act  142  of  1894. 

Organization  Sec.  38.  The  Couucil  shall  organize  the  departments  of 
mente.^  *  "^  *' Comptroller,  Treasurer,  Commissioner  of  Public  Works 
and  Commissioner  of  Police  and  Public  Buildings,  regu- 
late the  number  of  clerks  and  other  officers  to  be  employed 
by  each  department  and  fix  the  salaries  of  such  clerks  and 
officers ;  said  clerks  and  officers  shall  be  appointed  by 
said  Comptroller,  Treasurer,  Commissioner  of  Public 
Works  and  Commissioner  of  Police  and  Public  Build- 
ings, respectively,  by  and  with  the  advice  and  consent 
of  the  Council,  but  said  clerks  and  officers  may  be  dis- 
charged by  said  Comptroller,  Treasurer,  Commissioner 
of  Public  Works  and  Commissioner  of  Police  and  Pub- 
lic Buildings,  respectively,  at  pleasure,  and  in  case  of 
the  discharge  of  any  clerk  or  officer  by  said  Comptroller, 
Treasurer,  Commissioner  of  Public  Works  and  Commis- 
sioner of  Police  and  Public  Buildings,  the  fact  of  said 
discharge  shall  be  communicated  to  the  Council  at  its 
first  meeting  thereafter,  together  with  the  cause  thereof. 

Clerks  and  Sec.  39.  The  cMef' clcrk  Or  dcputyof  cach  department 
Deputies.  ^j^^jj  fumish  a  bond  in  favor  of  the  Mayor  and  his  suc- 
cessor in  office,  of  such  an  amount  as  shall  be  fixed  by 
the  Council,  and  in  case   of  suspension,  absence,  resig- 


CITY  CHARTER.  29 

nation  or  death  of  any  of  the  executive  officers  of  the 
city  government,  the  chief  clerk  or  deputy  of  said  ex- 
ecutive officer  shall  continue  in  office  and  perform  the 
duties  of  said  executive  officer  until  another  be  elected 
and  qualified,  and  for  the  defa-ults  and  malfeasances 
in  office  of  any  Kuch  chief  clerk  or  deputy,  during  his 
administration  "a<^  m^mm,"  the  said  clerk  or  deputy 
and  his  sureties  in  his  official  bond  shall  be  liable. 

Sec.  40.  The  Council   shall   fix   the   compensation  of  saianes  of  offi- 
the  services  of  every  officer  of  the  city  or   of  the  State,    '^^'^^' 
whose  said  services  are  by  law  to  be  paid  by  the  city  of 
New  Orleans,  and  the  number  and  compensation  of  all 
persons  on  the  pay  roll  of  the  city  of  New  Orleans. 

Sec.  41.  It  shall  not  be  lawful  for  the  Council  to  in- no  increase  o( 
crease  the  salary  or  compensation  of  any  officer  during 
the  term  for  which  the  said  officer  has  been  elected,  nor 
permit  the  compensation  of  any  salaried  officer  to  be  in- 
creased by  allowing  him  any  fees  for  the  performance 
of  any  duty  imposed  on  him  by  this  act  or  by  the  Coun- 
cil. 

Sec.  42.  All  laws  providing  for  the   drainage   of  thcBepeai    of 
city  of  New   Orleans  or   portions   thereof,    and  a  col-     laws."**^* 
lection  of  the  drainage  tax  assessments   are   hereby  re- 
pealed. 

Sec.  43.  It  shall  be  the  duty  of  the  Council,  as  soon  Drainage, 
as  practicable,  to  adopt  a  plan  for  the  thorough  drain- 
ing and  keeping  dry  and  free  from  lake  and  river  water, 
and  the  rapid  carrying  off  of  rain  and  storm  water  for 
the  entire  area  of  the  city  of  New  Orleans ;  in  adopting 
such  plan  of  drainage  the  Council  shall  impose  a  spe- 
cific assessment  for  local  improvements,  not  exceeding 
the  increase  in  the  value  of  the  property  drained,  occa- 
sioned by  the  drainage.  In  estimating  the  increase  in 
value  the  assessment  on  the  assessment  rolls  of  the  year 
after  the  work  is  completed  shall  be  taken  as  the  value 
after  drainage  making  allowance  for  improvements  de- 
stroyed or  erected.  That  such  local  or  specific  assess- 
ment for  drainage  shall  be  considered  as  a  payment  for 
benefit  coiiferred  and  shall  have  a  first  privilege  on  the 
property,  superior  to  all  other  privileges  or  mortgages. 


30  CITY  CHARTER. 

Justices  of  the  Sec.  44.  The  Justices  of  the  Peace  in  the  Fifth,  Sixth 
^^*"  ^°"''*'- and  Seventh  Districts  of  the  city  of  New  Orleans,  hav- 
ing jurisdiction  as  police  and  committing  magistrates, 
be  and  the  same  are  hereby  abolished. 
Police  Courts.  Sec.  45.  There  shall  be  four  (4)  Police  Courts  in  the 
city  of  New  Orleans,  to  be  known  as  the  First,  Second, 
Third  and  Fourth  Recorders'  Courts. 

Amended  by  Act  77  of  1894  and  Act  154  of  1894. 

Jurisdiction  of  Sec.  4(5.  The  First  Recorder's  Court  shall  have  juris- 
courts.  ^•'^''  diction  in  the  territory  known  as  the  First  and  Fourth 
Municipal  Districts  of  the  city.  The  Second  Recorder's 
Court  shall  have  jurisdiction  in  the  territory  known  as 
the  Second  and  Third  Municipal  Districts.  The  Third 
Recorder's  Court  shall  have  jurisdiction  in  the  ter- 
ritory known  as  the  Sixth  and  Seventh  Municipal  Dis- 
tricts. And  the  Fourth  Recorder's  Court  shall  have 
jurisdiction  in  the  territory  known  as  the  Fifth  Munici- 
pal District. 

Amended  by  Act  77  of  1884,  Act  1.54  of  1894. 

Election,  Quai-  Sec.  47.  They  shall  be  elected  by  the  qualified  elec- 
sararfes'^'oftors  of  the  city,  at  the  same  time  that  all  officers  pro- 
vided for  by  this  act  shall  be  elected ;  they  shall  be  at 
least  twenty-five  years  of  age.  They  shall  be  residents  of 
the  districts  over  which  they  shall  have  jurisdiction,  and 
reside  for  at  least  one  year  previous  to  their  nomination. 
The  Recorders  of  the  First  and  Second  Recorders' 
Courts  shall  each  receive  a  salary  of  two  thousand  five 
hundred  dollars  a  year,  and  shall  be  allowed  each  one  a 
clerk  at  a  salary  of  fifteen  hundred  dollars  a  year,  and 
two  assistant  clerks  at  a  salary  of  one  thousand  dollars 
a  year,  and  a  competent  clerk  to  be  called  the  testimony 
clerk,  at  a  salary  of  twelve  himdred  dollars  a  year.  It 
shall  be  the  duty  of  the  testimony  clerk  to  take  down 
^^  verbatim  "  reports  of  all  testimony  and  examination  in 
all  cases  when  the  offence  charged  is  cognizable  in  the 
Criminal  District  Courts  of  New  Orleans,  which  testi- 
mony shall  be  signed  by  the  witness  and  certified  to 
by  the  Recorder,  who  shall  forward  the  same  to  the 
Criminal  Court.    The  Recorders  of  the  Third  and  Fourth 


CITY  CHARTER.  31 

Recorders'  Courts  shall  have  each  a  salary  of  fifteen 
hundred  dollars  a  year,  and  shall  each  be  allowed  a  clerk 
at  a  salary  of  one  thousand  dollars  a  year,  and  an  assist- 
ant clerk  at  a  salary  of  six  hundred  dollars  a  year.  The 
said  clerks  shall  be  appointed  by  the  Recorders  and  re- 
moved by  them.  The  Council  shall  provide  suitable 
rooms  and  stationery  for  said  Recorders'  Courts,  and 
the  Mayor,  upon  the  recommendation  of  said  Recorders 
respectively,  shall  detail  four  policemen  for  each  of  the 
First  and  Second  Recorders'  Courts,  and  two  policemen 
for  the  Third  and  Fourth  Recorders'   Courts,  to  keep  ' 

order  and  execute  the  orders  and  decrees  of  the  Re- 
corders. 

Amended  by  Act  77  of  1884,  Act  90  of  1884,  Act  154  of  1894, 
Act  174  of  1894. 

Sec.  48.  The  Recorders  shall  be  removed  for  any  of  How  removed, 
the  causes  enumerated  in  Article  196  of  the  Constitution, 
and  in  the  mannei-  provided  in  Article  206  of  the  Con- 
stitution. 

Sec.  49.  Tlie  said  Recorders  shall*  each  have  the  jurisdiction, 
jurisdiction  of  committing  magistrates  and  to  enforce 
all  city  ordinances  and  to  try,  sentence  and  punish  all 
persons  who  violate  any  legal  and  valid  city  ordinance. 
They  and  their  clerks  shall  have  power  to  administer 
oaths,  and  the  Recorders  shall  have  power  to  punish  as 
other  courts  for  contempt,  to  compel  witnesses  to  appear 
and  testify. 

Sec.  .")().  All  fines,  penalties  or  forfeitures  imposed  pines,  penai- 
by  said  Recorders  shall  be  collected  by  them  and  paid  '^'^^'  *^*^' 
by  them,  daily,  to  the  City  Treasurer,  and  the  non-pay- 
ment of  said  fines  shall  be  (as any  other  neglect  of  duty) 
a  cause  for  removal.  The  Treasurer  shall  furnish  to 
each  of  the  Recorders  a  printed  receipt  book  with  mar- 
ginal stubs,  and  the  Recorders  shall  give  a  receipt  from 
said  book  for  every  fine  or  penalty  collected,  and  shall 
state  on  the  marginal  stubs  the  amount  of  the  fine  or 
penalty,  when  and  from  whom  collected,  and  for  what 
o'ffence,  and  said  re(;eipt  book  and  marginal  stubs  shall 
always  be  kept  open  for  public  inspection. 


32  CITY  CHARTER. 

Recorders  pro  Sec.  ^\.  The  CouDcil  shall  withiii  one  week  after  its 
organization  elect  '■'■mva  voce'''  four  persons  who  alone 
shall  act  as  Recorders  jiro  iem.  in  case  of  sickness  or  ab- 
sence or  suspension  of  any  one  or  more  of  the  Record- 
ers, and  they  shall  receive  while  so  acting  the  salary 
payable  to  the  said  Recor<Jers,  to  be  deducted  from  the 
salary  payable  to  the  same. 
Amended  by  Act  36  of  1892. 

Council  meet-  Sec.  52.  The  Couucil  shall  meet  on  the  first  Tues- 
"^^'  day  evening  of  every  month,   and  as  much  oftener  as 

they  shall  determine  to  be  necessary.  All  meetings  for 
organization  and  canvassing  and  compiling  and  pro- 
claiming the  result  of  an  election  shall  be  in  daylight. 
Sec.  53.  That  the  Council  shall  elect  one  week 
after  the  organization,  a  duly  commissioned  and  prac- 
tising notary  public  of  the  city,  as  City  Notary,  be- 
fore whom  shall  be  passed  and  executed  all  contracts, 
agreements,  acts  of  sale  or  purchase,  and  all  authentic 
acts  to  which  the  city  of  New  Orleans  may  be  a  party 
or  have  any  interest  therein,  and  whose  compensation 
of  all  character  whatever  shall  be  the  fees  established 
by  law,  and  the  same  shall  be  paid  by  the  party  so 
contracting,  other  than  the  city  of  New  Orleans. 
That  upon  the  promulgation  of  all  resolutions  ap- 
proving the   adjudications  of   contracts   or  other  sales 

City  Notary.  Or  purchascs  the  said  City  Notary  shall  notify  the 
contractors  or  parties  thereof,  and  if  the  contractors 
and  securities  fail  to  execute  and  sign  their  contracts 
within  ten  days  thereafter,  the  said  City  Notary  shall 
thereupon  inform  the  head  of  the  department  to 
which  such  contract  pertains  of  such  failure.  That 
said  City  Notary  shall  furnish  the  head  of  the  depart- 
ment to  which  any  contract  so  entered  into  pertains, 
as  well  as  to.  the  City  Attorney,  a  copy  of  each  and 
every  such  act  or  contract,  which  copies  shall  be  pre- 
served by  said  officers  for  reference,  and  those  so  fur- 
nished unto  said  City  Attorney  shall  be  bound  and 
indexed  whenever  they  reach  the  number  of  two  hun- 
dred, and  shall  form  part  of  the  archives  of  the  office 
of  said  attorney. 


CITY  CHARTER.  33 

VACANCIES. 

Sec.  54.  That  whenever  a  vacancy  shall  occur,  by  Mayor. 
death  or  otherwise,  in  the  office  of  Mayor,  it  shall  be 
the  duty  of  the  president  (/»ro  tern.)  of  the  said  Council 
to  serve  in  the  office  so  vacated,  which  president 
{pro  tern.)  shall  continue  in  office  until  his  (the  Mayor's) 
successor  shall  have  been  duly  elected  and  qualified, 
and  in  case  of  the  sickness  or  temporary  absence  of  the 
Mayor,  the  said  president  {pro  tern.)  shall  act  as  Mayor 
pro  iempore. 

Sec.  .')5.  That  whenever  a  vacancy  shall  occur,  by  other  officers 
death  or  otherwise,  in  the  office  of  Comptroller, 
Treasurer,  Commissioner  of  Public  Works,  Commis- 
sioner of  Police  and  Public  Buildings,  or  of  either  of 
them,  it  shall  be  the  duty  of  the  Council  to  elect  a  citi- 
zen, not  a  member  of  said  Council,  to  the  position  thus 
made  vacant ;  said  person  shall  have  all  the  requirements 
and  qualifications  required  of  the  executive  officers  of 
the  city,  and  he  shall  serve  after  his  said  election  and 
qualification  until  his  successor  shall  have  been  duly 
sleeted  and  qualified. 

Sec.  5G.  Vacancies  occurring  among  the  Councilmeii  councii.ncr. 
shall  be  filled  at  once  by  election.  In  such  a  case  it 
shall  be  the  duty  of  the  Mayor,  and  in  case  of  failure  on 
his  part,  of  the  Council,  to  at  once  order  an  election  to 
fill  the  same ;  said  vacancy  to  be  filled  in  the  same 
manner  and  by  the  same  constituency  that  had  elected 
the  former  holder  of  a  seat  in  said  Council. 

Sec.  57.  In  case  of  the  death,  removal  or  resignation  Recorders, 
of  any  Recorder,  the  Council,  at  its  first  regular  meet- 
ing after  such  vacancy,  shall  elect  a  citizen  having  the 
qualifications  required  for  Recorder  to  such  vacancy, 
and  the  person  so  elected  shall  serve  during  the  time  of 
office  unexpired  and  until  his  successor  shall  have  been 
elected  and  qualified. 

IMPEACHMENT. 

Sec.  58.  The   Mayor,    (Comptroller,   Treasurer,  Com-  city  officers 
missioner  of    Public  Works,    Commissioner   of    Police 
and    Public    Buildings,    Recorders   and    City   Attorney 


34  CITY  CHARTER. 

shall  be  removable,  in  addition  to  the  causes  provided 
for  in  this  act,  for  malfeasance  in  office,  gross  neglect 
of  duty  or  disability  affecting  the  fitness  of  the  occu- 
pant to  till  and  discharge  the  duties  of  the  position. 

Committees.  Sec.  59.  There  shall  be  among  the  standing  com- 
mittees of  the  Council  a  committee  of  five  members  to 
be  styled  the  "Committee  of  Public  Order,"  which 
committee  shall  be  charged  with  the  duty  of  conducting 
the  impeachment  of  said  officers  of  the  city,  and  pending 
such  impeachment  and  until  the  final  disposition  thereof , 
the  party  impeached  shall  not  exercise  any  of  the 
functions  of  his  office. 

Court  of  im-  Sec.  60.  The  Council,  excepting  the  five  members 
of  the  Committee  of  Public  Order,  shall  have  full 
power  to  try  all  impeachments,  and  when  sitting  for 
that  purpose,  as  a  Court  of  Impeachment,  the  mem- 
bers thereof  shall  be  on  oath  or  affirmation ;  the  Mayor 
shall  preside  over  said  court,  except  when  on  trial,  in 
which  case  the  president  pro  tern,  of  the  Council  shall 
preside. 

Order  of  pro-  Sec.  61.  Upou  the  preferring  of  articles  of  impeach- 
cee  ing.  nicut  by  the  Committee  of  Public  Order  or  by  any  six 
members  of  the  Council,  or  twenty  citizens,  or  by  the 
Mayor,  the  accused  shall  be  placed  upon  trial,  which 
trial  shall  take  place  within  thirty  days  from  the  notifi- 
cation of  said  charges  to  the  party  impeached,  and  no 
person  shall  be  convicted  without  a  vote  therefor  of 
eighteen  members  of  said  Council.  The  Mayor  shall 
not  have  the  right  to  vote  in  the  final  judgment. 

Judgment.  '^TS^G.  62.  Judgmcuts  in  case  of  impeachment  shall  not 

extend  further  than  removal  from  office  and  disqualifi- 
cation from  holding  any  office  under  the  City  Charter ; 
but  the  party  convicted  shall  be  liable  to  indictment, 
trial  and  imprisonment  in  the  parish  prison,  or  at  hard 
labor  according  to  law. 

Annual  tax.  ^^c.   63.    That  the  Council  of  the  city  of  New  Or- 

leans shall,  for  the  purposes  of  this  act,  once  at  a  regu- 
lar meeting  in  the  month  of  December,  and  not  oftener, 
in  each  and  every  year,  levy  an  annual  and  uniform 
tax  upon  all  real  and  personal  property  in  said  city,  as 


CITY  CHARTER.  35 

prescribed  and  under  the  limitations  imposed  in  this 
act  for  the  ensuing  year,  which  said  taxes  shall  be  due 
and  payable  at  the  office  of  the  Treasurer,  under  such 
regulations  as  the  Comptroller  may  establish,  from  the 
first  day  of  March  to  the  twenty-first  day  of  July,  in- 
clusive ;  and  at  its  first  regular  meeting  in  December, 
and  on  the  same  day  annually  thereafter,  shall  impose 
an  annual  license  tax  on  trades,  professions  and  call- 
ings, as  herein  prescribed;  said  licenses  to  expire  on 
the  thirty -first  day  of  December  in  the  year  in  which 
they  were  obtained,  and  which  license  tax  shall  be  due 
and  payable  at  the  office  of  the  Treasurer  from  the  first 
day  of  January  to  the  twenty-eighth  day  of  February, 
inclusive. 
Amended  by  Act  102  of  1884. 

REVENUE   AND    EXPENSES. 

Sec.  64.  That  the  Council  shall  once  in  twelve  months,  ^  ^  ^ . 

'  Taxes  and   Li- 

before  fixing  and  deciding  upon  the  amount  of  taxes  censes, 
and  licenses  to  be  assessed  for  the  ensuing  year,  cause 
to  be  made  out  a  detailed  estimate,  exhibiting  the  vari- 
ous items  of  liability  and  expenditures,  including  the 
requisite  amount  for  all  expenses  during  said  year,  and 
shall  cause  the  same  to  be  published  for  at  least  ten 
days  in  the  official  journal  of  the  city,  and  such  rate  of 
taxation  as  provided  by  law,  on  every  hundred  dollars 
■of  valuation,  shall  thereafter  be  fixed  and  assessed,  as, 
together  with  other  revenues  of  the  city,  may  be  neces- 
sary to  meet  said  estimated  liabilities  and  expenditures. 
The  adoption  of  said  detailed  estimates  shall  be  con- 
sidered as  the  appropriation  of  the  amount  therein 
stated  for  the  purposes  therein  stated,  and  the  Comp- 
troller shall  not  audit,  nor  shall  the  Treasurer  draw  or 
sign  any  checks  upon  the  Fiscal  Agent  therefor  of  any 
claims  unless  an  appropriation  therefor  has  been  duly 
made  in  accordance  with  this  act. 

Sec.  65.  The  Council,  in  fixing  the  budget  of  revenue  g^^^ 
and  expenses  as  herein  provided  for,  shall  not  consider 
and  adopt  as  a  revenue   miscellaneous  or  contingent  re- 
sources and  affix  thereto  either  an  arbitrary  or  nominal 
value  or  amount,  but  whenever  such  resources  are  con- 


36  CITY  CHARTER. 

sidered  and  adopted,  they  shall  be  estimated  on  a  real 
and  substantial  basis,  giving  the  source  whence  to  be 
derived,  a  specific  sura  to  be  received  from  each  item 
thereof  and  no  more.  The  Council  is  hereby  prohibited 
from  estimating  for  expenditures  to  be  derived  from 
any  uncertain  or  indefinite  source,  cause  or  circum- 
stance; but  the  Council  shall,  by  proper  ordinances, 
provide  for  the  receipts  and  disbursements  of  any  sums 
of  money,  interests,  rights  or  credits,  that  may  accrue 
to  the  corporation  by  behest,  grant  or  any  cause  what- 
ever; and  all  such  sums,  rights,  interests  or  credits  so 
received  shall  be  and  are  hereby  appropriated  for  the 
purposes  of  public  works  and  improvements,  the  man- 
ner and  details  of  such  appropriations  to  be  ordered  by 
the  Council. 

Amended  by  Act  88  of  1884  and  Act  109  of  1886. 

Limit   of  ap-      Sec.  66.  The  Council  shall   not,   under  any  pretext 

propriations.  •  r.         t        «  i 

whatever,  appropriate  any  funds  for  the  government  of 
the  corporation  to  the  full  extent  of  the  estimated  rev- 
enues, but  shall  reserve  twenty-five  per  cent,  of  said 
estimated  revenues,  which  reserve  and  all  sums,  rights, 
interest  and  credits  received  from  miscellaneous  or  con- 
tingent sources  shall  be  appropriated  by  the  Council 
for  the  purpose  of  public  improvements  as  herein  pro- 
vided for. 

Amended  by  Act  107  of  1886. 

Property  sub-  Sec.  67.  That  all  real  and  personal  property  in  the 
tfon.*°  ''''''''city  of  New  Orleans,  whether  owned  by  individuals  or 
corporations,  shall,  for  the  purposes  of  this  act,  be  liable 
to  taxation,  subject  only  to  the  exemptions  in  the  Consti- 
tution of  this  State. 

Real  estate.  Sec.  68.  That  the  term  of    ''real   estate,"   as  used  in 

this  act,  shall  be  construed  to  include  land  and  all  build- 
ings, machinery  and  structures  of  every  kind  erected 
upon  or  affixed  to  the  same,  all  immovable  property, 
whether  so  by  nature  or  destination. 

Personal  prop-  Sec.  69.  The  term  ' 'personal  property"  shall  be  con- 
*^'^*^"  strued  to  include  all  household  furniture,  moneys,  jew- 

elry and  plated  goods  or  waregoods,  chattels,  incomes, 
debts  from    solvent  debtors,    whether   on    account,  con- 


CITV  CHARTER.  37 

tract,  note,  due  bill,  bond,  mortgage,  certificate,  sale, 
stock  or  share  of  stock  in  any  incorporated  bank,  rail- 
road or  other  institutions,  certificate  or  any  other  obli- 
gations, public  stock,  all  stock,  moneyed  or  otherwise, 
any  general  property  which  is  not  real  and  not  known 
to  the  law  of  the  State  as  movable. 

Sec.  70.  The  term    "income"  shall  be   construed  to  income, 
include  all  moneys,  salaries,  wages,  pay,  commissions, 
brokerage  and  fees   received  in  compensation    for  labor 
or  services  rendered,  all  revenues  and  dividends  received 
upon  stocks  in  moneyed  corporations  not  already  taxed. 

Sec.  71.  In  case  of  the  death,   resignation  or  perma- Presi  d  e  n  t  of 

'  "  ^  the    Council. 

nent  absence  of  the  Mayor,  the  president  pro  tern,  of  the 
Council  shall  act  as  Mayor  ad  interim. 

Sec.  72.  In  all  judicial  proceedings  where,  by  law,  bond  security. 
and  securities  are   required   from    litigants,  the  city  of 
New  Orleans  shall  be  dispensed   from   furnishing  bond 
and  security. 

Sec.  73.  Whenever  the  word  river  is  used  the  Missis-  m  i  s  s  i  s  sippi 
sippi   river  is  meant,  and   where  a  name   of  a  street   is 
used   as   boundary  the   middle   of   the   street   is  to  be 
taken  as  the  boundary  line. 

Sec.  74.  That  the  Commissioner  of  Police  and  Public  superint  e  nd- 
Buildings  shall  appoint,  with  the  approbation  of  the  Alarm  and 
Council,  one  Superintendent  of  the  Fire  Alarm  and  Po-  j,^r''ap" 
lice  Telegraph.  The  said  Superintendent  shall  be  a 
competent  telegrapher,  shall  hold  his  office  for  the  term 
of  four  years,  and  the  salary  of  said  Superintendent 
shall  be  eighteen  hundred  dollars  a  year.  He  shall  give 
bond  in  favor  of  the  Mayor  of  the  city  of  New  Orleans 
in  the  sum  of  three  thousand  dollars.  The  Commis- 
sioner of  Police  and  Public  Buildings,  with  the  consent 
and  advice  of  the  Council,  shall  also  appoint  four  tele- 
graph operators,  one  lineman  and  one  assistant  lineman, 
and  one  batteryman  and  messenger.  The  four  telegraph 
operators  shall  receive  each  a  salary  of  twelve  hundred 
dollars  per  annum.  They  shall  hold  office  for  the  term 
of  four  years.  The  lineman  shall  receive  an  annual  sal- 
ary of  twelve  hundred  dollars.  He  shall  hold  office  for 
the  term  of  four  vears.     The  assistant  lineman  shall  re- 


38  CITY  CHARTER. 

eeive  an  annual  salary  of  one  thousand  dollars  and  shall 
hold  office  for  four  years.  The  battery  man  and  messen- 
ger shall  receive  a  salary  of  six  hundred  dollars  and 
shall  hold  office  for  four  years. 

First  election.  Sec.  75.  For  the  Organization  of  the  first  government 
under  this  charter  the  Governor  is  hereby  directed  to 
issue  his  proclamation,  ordering  an  election  on  the  first 
Tuesday  after  the  first  Monday  of  November,  eighteen 
hundred  and  eighty-two  (1882),  for  Mayor,  Comptroller, 
Treasurer,  Commissioner  of  Public  Works  and  Com- 
missioner of  Police  and  Public  Buildings,  four  Record- 
ers and  thirty  Councilmen,  as  provided  for  by  this  act ; 
said  terms  of  Mayor,  Comptroller,  Treasurer,  Commis- 
sioner of  Police  and  Public  Buildings,  four  Recorders 
and  thirty  Councilmen  shall  end  on  the  Tuesday 
next  following  the  third  Monday  in  April,  eighteen  hun- 
dred and  eighty-four  (1884),  and  the  said  election  to 
take  place  every  four  years  thereafter  on  the  Tuesday 
next  following  the  third  Monday  in  April. 

Term  of  office.  Sec.  76.  The  officcrs  elected  at  the  first  election  to  be 
held  under  this  charter  shall  assume  the  duties  of  their 
respective  offices  on  the  third  Monday  of  November,  A. 
D,,  eighteen  hundred  and  eighty -two  (1882). 

Budget  for  _  Sec.  77.  The  officcrs  herein  elected  shall  prepare  the 
budget  of  receipts  and  expenses  for  the  year  1883  within 
one  month  of  their  installation  in  office. 

Repealing  Sec.  78.  All  laws  iu  couflict,  incousisteut  or  contrary 

to  the  provisions  of  this  act  be  and  the  same  are  hereby 
repealed. 

R.  N.  Ogden, 
Speaker  of  House  of  Representatives. 

Geo.  L.  Walton, 
President  pro  tem.  of  the  Senate. 

Approved  23d  June,  1882. 

S.  D.  McEnery; 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

Will  A.  Strong, 

Secretary  of  the  State. 


1883. 


clause. 


CITY  CHARTER.  39 

AMENDMENTS  TO  THE  CHARTER 

—OF   THE — 

CITY  OF  NEW   ORLEANS. 


Act  81  op  1882 — Proceeds  of  Franchises,  may  be  used 
for  permanent  Public  Improvements. 

Act  109  of  1882 — Taxes,  when  delinciueut. 

Act  135  of  1888 — Powers  of  Council,  further  defined. 

Act  113  of  1892— Amending  Act  135  of  1888  and  fixing 
office  hours. 

Act  127  of  1894— Amending  Act  135  of  1888— Repeal- 
ing section  relative  to  farming  out  collection  of 
Licenses  and  Taxes. 


[No.  114  of  188().]  AN  ACT 

To  authorize  the  Council  to  establish  a  uniform  grade  of  ban- 
quettes in  the  city  of  New  Orleans,  and  amending;  section  S 
of  Act  20  of  1882,  to  conform  thereto,  providing  for  the  pa.y- 
ment  of  the  work,  by  making  the  bills  therefor  a  tirst  lien 
and  mortgage  on  the  property  fronting  the  improvement, 
and  providing  what  shall  constitute  a  legal  notice  under  this 
act. 

Whereas,  due  and  public  notice  has  been  given  of  the  preamble, 
intention  to  introduce  this  act  in  the  General  Assembly, 
for  thirty  days  prior  to  its  introduction  in  the  (leneral 
Assembly,  according  to  the  provisions  of  Article  48  of 
the  Constitution ;  whereas,  evidence  that  such  noti<'e  has 
been  published  has  been  exliibited  to  the  General  As- 
sembly. ' 

Section  1.  Be  it  enacted  hi/  flu'  (iriural  Assr„ih/i/ of  Power  and 
the  mate  of  Louisiana ,  That  the  Council  of  the  city  of  fhf cftJ^coW 
New  Orleans  shall  have  power  and  authority  to  establislia'  '.rn'^ff^orm 
a  uniform  grade  of  banquettes  or  sidewalks  in  the  city  ^'^^t'^t  "e  s^'an'd 
of  New  Orleans,  and  to  order  the  raising  or  lowering  or  ^"'^"'*"'''- 
regrading  of  any  banquette  or  sidewalk,  and  tliat  section 


40  CITY  CHARTER. 

8  of  Act  No.   20  of  1882  be  and  the  same  is  hereby 
amended  so  as  to  conform  hei-ewith. 
Duties  of  the      ^EC.  2.  Be  it  further  enacted ,  etc . ,  That  whenever  the 

City     Jsurvevor  •'  '  ' 

Tn  shaJrdlc'i'de  Council  shall  decide  to  establish  a  certain  grade  of  ban- 
to  establish  =iq^g|^^ey  upon  any  street  or  streets,  the  Citv  Surveyor 

certain      urade  t^  r  "  7  „  ., 

and  sWe''wtiks''  ^^^^^  ^^  owQQ  givc  thc  grade  and  make  same  known,  upon 
which  the  proper  notices  shall  be  issued  by  the  Commis- 
sioner of  Public  Works  to  owners  of  property  or  their 
agents,  representatives  or  tenants,  to  conform  to  the 
newly  established  grade,  within  ten  days  after  the  ser- 
vice of  notice. 

Penalty  tor      Si;c.  3.  Be  it  further  enacted,  etc.,  That  in  case  of  fail- 

f allure  or  refu-  i   i  "         i 

sal  on  the  part  nrc  or  rcfusal  by  the  property  owner  or  agent  or  repre- 

of     proprietors  ./  i         i  .  c 

or  their  agents  sentativc  to  commcnce  the  work  within  the  time  allowed, 

to  comply  with  n         •      i  ^         ■        i  i     t 

ordinances    of  thc  Comptroller  IS  hereby  authorized  and  directed,  upon 

Council.  Work  .^  „        ,  .^,  .       •  U        t- 

to  be  done  by  tlic  Written  request  of  the  Commissioner  of  Public 
Works,  to  advertise  for  bids  for  the  repairing  or  regrad- 
ing  of  all  such  banquettes  or  sidewalks  to  the  grade 
established  in  accordance  with  specifications  to  be  pre- 
pared by  City  Surveyor,  at  the  risk  and  expense  of  the 
owners  of  property,  to  be  paid  for  in  the  manner  here- 
inafter set  forth. 

Work    when      Sec.  4.  Be  if  finiliir  euttcted,  etc. ,   That  upon  the  com - 
be"Icc'e"t'ed  bv  pl^tion  of  thc  woi'k  the  City  Surveyor  and  Commissioner 
Lnd  commus'^of  PubUc  Works  shall  examine  same,  and  if  decided  to 
ri'c"works^and  ^c  Satisfactorily  done  shall  issue  a  certificate,  signed  by 
dolfe'how'paili!  6^ch  of  them  respectively  and  approved  by  the  Mayor, 
which  shall  constitute  the  first  lien  and  mortgage  upon 
the  property,  which  certificate  shall  be  registered  by  the 
Fiecorder  of  Mortgages  against  the  property  liable  there- 
for, and  to  bear  interest  at  the  rate  of  6  per  cent,  per 
>     annum  from  maturity  till  paid. 

What  will  Sec.  5.  Be  it  further  enacted,  etc..  That  a  notice  duly 
aVafid'noti^ce  served  upon  the  owner,  his  or  her  agent,  shall  constitute 
Lgent^  "  ^ '  ""^  a  legal  and  valid  notice  under  this  act.  The  party  or 
c  TeT  agamsi  partics  Collecting  the  rent  shall  come  under  the  term 
non^residents^"^  agcut ;  that  iu  casc  of  au  absentee,  or  non-resident  not 
represented  by  an  agent,  a  printed  notice,  pasted  or  nailed 
upon  the  premises  in  the  presence  of  two  witnesses,  shall 


CITY  CHARTER.  41 

be  and  is  hereby  declared  a  valid  and  le^al  notice  nnder 
this  act. 

Sec.  6.  Be  it  furtJier  enacted,  etc.,  That  all  laws  or 
parts  of  laws  inconsistent  herewith,  or  in  conflict  with 
its  provisions,  are  hereby  repealed. 

H.  W.  Ogden, 
Speaker  of  the  House  of  Representatives. 
Clay  Knoblock, 
Lieutei^ant  Governor  and  President  of  Senate. 
Approved  July  8,  1886  : 

S.  D,  McEnery, 
Governor  State  of  Louisiana. 
A  true  copy  from  the  original : 
Oscar  Arroyo, 

Secretary  of  State. 


[No.  87  of  1884.]  AN  ACT 

To  amend  and  re-enact  Section  25  of  Act  No.  20,  approved  June 
23,  1882.  entitled  '*An  act  to  incorporate  the  city  of  New 
Orleans,  providing  for  the  government  and  administration  of 
the  affairs  thereof,  and  to  repeal  all  acts  inconsistent  and  in 
conflict  with  its  provisions."  Due  public  notice  having  been 
given  according  to  requirements  of  Article  48  of  the  Consti- 
tution. 

Sb^ction  1.  />V  it  eiKicted  by  the  General  Assembly  o/ Amendment  of 
th<'  State  of  Louisiana,  That  Section  25  of  Act  No.  20,  Na'2ooA8S2.'^ 
approved  June  23,  1882,  entitled  "An  Act  to  incor- 
porate the  (uty  of  New  Orleans,  provide  for  the  govern- 
ment and  administration  of  the  affairs  thereof,  and  to 
repeal  acts  inconsistent  and  in  conflict  with  its  pro- 
visions," be  amended  and  re-enacted  so  as  to  read  as 
follows : 

The  Commissioner  of  Police  aud  Public  Buildings  shall,  commission- 
so  far  as  the  Council  may  have  authority,  have  in  charge  a^„°^p*'u°bHc 
the  House  of  Refuge  and  Correction,  pounds  and  ceme- h^vi'ln^charge 


teries,   and  lighting   of  the   city,    and   shall   be   vested  }|;|i'°^„^^°^eor 
with   and  perform  such   other  functions  and  duties  as  ^''f J,  ^"d's  * 
may  be  prescribed  by  the  Council ;  provided,  that  no  au- 
thority  or  duty  herein  conferred  or  imposed  upon    said 
department,    or  upon  the  Council,  shall   conflict  or   im- 


h 

pounds   and 
cemeteries. 


42  CITY  CHARTER. 

Proviso.  pair   any  of  the  powers,  duties  and  rights  conferred   by 

this  act  upon  the  Mayor ;  he  shall  have  general  super- 
intendence of  the  schoolhouses,  markets,  slaughter 
houses,  prison  and  police  stations  and  jails,  workhouse, 
asylums,  hospitals,  and  all  courts  and  public  buildings, 
except  the  City  Hall,  which  shall  be  under  control  of 
the  Mayor,  and  the  several  executive  officers ;  he  shall 
be  vested  with  and  perform  such  other  functions  and 
duties  as  may  be  prescribed  by  the  Coui^cil ;  he  shall  re- 
port to  the  Mayor  monthly  the  full  details  and  work- 
ings of  his  department;  he  shall  receive  an  annual 
salary  of  three  thousand  five-hundred  dollars ;  he  shall, 
an^"s*a1arv'°"^  ^^^*^^'^  entering  upon  the  duties  of  his  office,  in  addition 
to  the  oath  required,  give  bond  in  the  sum  of  twenty- 
five  thousand  dollars,  with  good  and  solvent  securities, 
resident  within  the  jurisdiction  of  the  courts  of  the 
parish  of  Orleans,  as  shall  be  approved  of  by  the  Coun- 
cil, conditioned  for  the  faithful  discharge  of  his  duties. 
Sec.  2.  Be  it  further  enacted,  etc.,  That  all  laws  in 
conflict  with  this  act  be  and  the  same  are  hereby  re- 
pealed. 

H.  W.  Ogden, 
Speaker   of  the  House  of   Representatives. 
Clay  Knobloch, 
Lieutenant  Governor  and  President  of  the  Senate. 
Approved,  10th,  July,  1884. 

S.  D.  McEnery, 
Governor  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 
Oscar  Arroyo, 

Secretary  of  State. 


[No.  113  of  1886.]  AN  ACT 

To  amend  an  act  entitled  "An  act  to  incorporate  the  city  of 
Xew  Orleans,  provide  for  the  government  and  administra- 
tion of  the  affairs  thereof  and  to  repeal  all  acts  inconsistent 
and  in  conflict  with  its  provisions,*'  approved  .June  23,  1882, 
and  to  provide  for  paving  and  banquetting  streets  in  the  city 
of  New  Orleans.  Public  notice  having  been  given  in  accord- 
ance with  the  requirements  of  Art.  48  of  the  Constitution. 


CITY  CHARTER.  43 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  proceedings 
the  State  of  Louisiana  ,  That  Section  32  of  Act  No.  20,  p^av^ing^^and 
approved  June  23,  1882,  entitled  ''An  act  to  incorporate  street"^  \n '  thi 
the  city  of  New  Orleans,  provide  for  the  government  orieL"  ^"^ 
and  administration  of  the  affairs  thereof,  and  to  repeal 
all  acts  inconsistent  and  in  conflict  with  its  provisions," 
be  amended  and  re-enacted  so  as  to  read  as  follows : 
Whenever  one-fourth  of  the  owners  of  real  property 
fronting  on  any  unpaved  or  unbanquetted  street 
in  the  city  of  New  Orleans  shall,  by  petition 
signed  by  petitioner  or  petitioners  and  addressed 
to  the  Council  of  said  city,  asking  for  the  paving  or 
banquetting  of  said  street  or  any  portion  thereof, 
setting  forth  the  character  or  quality  of  said 
pavement  or  of  said  banquetting,  said  Council  shall 
have  said  petition  published  in  English  in  the  official 
journal  of  said  city  for  and  during  four  weeks,  once  in 
each  week,  and  if  at  the  expiration  of  said  publication 
so  made  of  said  petition  a  majority  of  the  owners  of 
real  property  fronting  on  said  street  or  said  portion 
thereof,  shall  not  by  memorial,  signed  by  memorialist 
or  memorialists  and  addressed  to  said  Council,  object  to 
the  same,  said  Council  shall,  by  resolution  or  other- 
wise, order  said  paving  or  said  banquetting,  so  peti- 
tioned for,  to  be  made  in  accordance  with  section  21  of 
this  act ;  the  cost  of  said  paving  shall  be  borne  three- 
fourths  by  owner  or  owners  of  real  property  and  front- 
ing on  said  pavement,  lU  equal  proportions,  according  to 
the  running  foot  front,  and  the  cost  of  one-fourth  of 
said  pavement  in  front  of  private  property  and  whole  of 
intersections  shall  be  borne  by  the  city.  The  property 
portion  to  constitute  a  first  privilege  superior  to  vendor's 
lien  or  any  other  privilege  or  mortgage.  The  whole  cost 
of  banquetting  to  be  borne  by  real  estate  fronting  on 
said  banquette  in  equal  portions.  Upon  the  petition  of 
real  estate  owners  asking  that  payments  be  provided  for 
their  portion  of  cost  in  one,  two  and  three  equal  instal- 
ments, the  Council  may  advertise  for  bids  upon  said 
terms  and  contract  for  said  paving ;  say  one-third  pay- 
able in  cash  and  balance  in  one  and  two  years,  and  pro- 


44  CITY  CHARTER . 

vided  that  6  per  cent,  interest  be  paid  on  such  deferred 
payments,  and  that  the  lien  on  such  property  shall  re- 
main in  force  for  the  amount  due  for  principal  and  in- 
terest till  final  payment  is  made,  providing  that  nothing 
herein  shall  be  construed  as  atfecti^ig  Act  73,  approved 
March  30,  1876,  as  to  the  paving  of  neutral  grounds  or 
streets  adjacent  to  the  levee,  or  other  parts  of  said  statute 
not  inconsistent  with  this  act.  ■ 

H.  W.  Ogden, 
Speaker  of  the  House  of  Representatives. 

Clay  Knobloch, 
Lieutenant  Governor  and  President  of  the  Senate. 

Approved  July  8,  1886. 

S.  D.  McEnery, 
(jrovernor  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 
Oscar  Arroyo, 

Secretary  of  State. 


[No.  119  of  1886.]  AX  ACT 

To  amend  an  act  entitled  -'An  act  to  incorporate  the  city  of- 
New  Orleans,  provide  for  the  government  and  administration 
of  the  affairs  thereof,  and  to  repeal  all  acts  inconsistent  and 
in  conflict  with  its  provisions,"  approved  June  23,  1882,  and 
to  provide  for  paving  and  banquetting  the  streets  of  the  city 
of  New  Orleans.  Public  notice  having  been  given  in  accord- 
ance with  the  requirements  of  Article  48  of  the  Constitution. 

Powers  and      SECTION  1.  Beit   euacted  by   the  General  Assembly  of 
c'uy  c oancn  the    State   of  Louisiana,     That   Section   37  of  Act  No. 
b"anquer?in"«20,  approvcd  Junc  23,  1882,  entitled  ^'An  act  to   incor- 
portion  th^eo7!  porate  the  city  of  New  Orleans,  provide  for  the  govern- 
ment and    administration   of  the  aifairs   thereof  and   to 
repeal  all  acts  inconsistent  and  in  conflict  with  its  pro- 
visions,"   be   amended   and   re-enacted   as   to   read   as 
follows : 
Proviso  ^^^  ^^^y   Council  may,    in  its  discretion,    provide  for 

the  paving  or  banquetting  of  any  street  or  portion 
thereof  at  the  expense  of  the  whole  city,  and  may 
thereupon  force,  impose  and  collect  on  paving  of  the 
front   proprietors   of   lots   fronting   on   said    streets  a 


CITY  CHARTER.  45 

special  assessment,  in  proportion  to  frontage  of  three- 
quarters  of  the  cost  of  said  improvements,  and  such  local 
asses^*ment  shall  have  a  first  privilege,  superior  to  ven- 
dor's privilege  and  all  other  privileges  and  mortgages. 
The  other  one-fourth,  in  addition  to  intersections,  to  be 
paid  by  the  city,  on  banquetting,  the  whole  cost  to  be 
collected  from  front  proprietor ;  provided,  that  a  two- 
thirds  vote  of  the  members  of  the  Council  is  secured  for 
said  banquetting  or  paving,  and  whenever  the  Council 
shall  deem  it  necessary  to  take  such  action  notice  of 
said  intention  shall  be  published  in  the  ojBicial  journal, 
once  a  week  for  four  weeks,  and  such  improvements 
shall  be  subject  to  the  conditions  already  prescribed  for 
improvements  or  repairs  to  be  made,  on  compliance 
with  the  petition  of  property  holders,  and  payment 
thereof   shall  be  assumed  and  collected  in  like  manner. 

H.  W.  Ogden, 
Speaker  of  the  Rouse  of  Representatives. 

Clay  Knobloch, 
Lieutenant  Uovernor  and  President  of  the  Senate. 

Approved  Julv  H,  18SG. 

S.  D.  McEnery, 
Covernor  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 
Oscar  Arroyo. 

Secretary  of  Si;iit\ 


[No.  U2  of  1894.]  AN   ACT 

To  amend  an  act  entiled  -'An  act  to  incorporate  the  city  of  New 
Orleans,  provide  for  the  government  and  administration  of 
the  affairs  thereof;  and  to  repeal  all  acts  inconsistent 
,  and  in  contiict  with  its  provisions,"  approved  June  23,  1880. 
and  to  provide  for  paving  and  banquetting  streets  in  the  city 
of  New  Orleans.  Being  Act  119  of  the  Acts  of  the  Gen- 
eral Assembly,  session  1886.  relative  to  paving  and  ban- 
quetting streets  and  sidewalks   in  the  city  of  New  Orleans." 

Public  notice  having  been  given  in  accordance  with  the  re- 
(luirements  of  Article  48  of  the  Constitution. 


Section  1 .   Be  if  enaeted  ht/  the  Qpneral  Assemhh/  of  the  to*^pVovS 


Council 
for 


Siat< 


of  LoHisiana,  That  Act  110,  a])proved  July  8,1886.  ^'^f'strJ'ete.^'"^"* 


46  CITY  CHARTER. 

entitled  ''  An  act  to  amend  an  act,  be  amended  and  re- 
enacted  so  as  to  read  as  follows :  The  City  Council  of  New 
Orleans  may,  in  its  discretion,  provide  for  the  paving  of 
any  street,  or  portion  thereof,  at  the  expense  of  the 
whole  city,  and  may  thereupon  force,  impose  and  col- 
lect of  the  front  proprietors  of  lots  fronting  on  said 
street  or  streets,  a  special  assessment  in  proportion  to 
frontage  of  three-quarters  of  the  cost  of  said  improve- 
ment, and  such  local  assessment  shall  ''have  a  first 
privilege,  superior  to  a  vendor's  lien  and  privilege,  and 
over  all  other  privileges."  The  other  one-fourth,  in  ad- 
dition to  intersections,  are  to  be  paid  for  by  the  city. 
Manner  of     Sec.  2.  Be  it  further  enacted,  etc.,  That  the  Council 

paving     the  ,  "" 

«ame.  may,  m  its   discretion,  provide   for  the   paving  of  any 

banquette  or  sidewalk,  the  whole  cost  of  which,  as  well 
as  the  intersections,  to  be  paid  for  by  the  front  proprie- 
tors in  proportions  to  the  frontage  owned  by  such,  upon 
completion  of  the  paving. 

The  cost  of  said  banquette  or  sidewalk  shall  have  a 
first  privilege,  superior  to  vendor's  lien  and  privilege,  and 
over  all  privileges  and  mortgages  on  the  property  front- 
ing on  said  sidewalk. 

Two-thirds  ^EC.  3.  Be  it  further  enacted,  etc.,  That  two-thirds 
-rote  necessary.  ^^^^  ^j  ^j^^  Q j^y  Couucil  shall  bc  ucccssary  to  pass  any 
paving  or  banquetting  ordinance ;  and  whenever  the 
Council  shall  deem  it  necessary  to  take  such  action 
notice  of  said  intention  shall  be  published  in  the  offi- 
cial journal  once  a  week  for  four  weeks,  no  further  no- 
tice being  required. 
Proviso  Provided,  a    majority    of    the    property    holders   in 

number  and  measurement  on  the  street  or  sidewalk,  or 
part  thereof  sought  to  be  paved  or  banquetted,  shall 
have  the  right  to  designate  the  kind  of  gravel,  stone, 
brick  or  Schillinger  to  be  used,  by  petitioning  the 
Council  therefor  within  ninety  days  after  such  publica- 
tion by  the  Council,  giving  notice  by  publication  in  the 
official  journal  to  pave  or  banquette  said  street  or  side- 
walk. 

Sec.  4.  Be  it  further  enacted,  etc.,  That  the  certi- 
ficates issued  by  the    City    Engineer    for    paving  or 


CITY  CHARTER.  47 

banquetting   shall  bear  six   per   cent,    interest  per  an- 
num from  date  until  paid. 

Sec.    5.     Be    it   further    enacted,  etc.,     That   this   act 
shall  take  effect  from  and  after  its  passage. 

G.  W.  Bolton, 
Speaker  of  the  House  of  Representatives. 
H.  R.  LoTT, 
President  Pro  Tempore  of  the  Senate. 

Approved  July  12,  1894. 

Murphy  J.  Foster, 
Governor  of  the  State  of  Louisiana. 
A  true  copy : 

Geo.  Spencer, 

Assistant  Secretary  of  State. 


[No.  77  of  1884.]  AN  ACT 

To  provide  for  a  Recorder's  Court  in  the  Seventh  Municipal 
District  of  the  city  of  New  Orleans,  and  for  the  appointment 
of  a  Recorder  for  said  court,  until  the  next  general  election, 
and  for  the  re-enactment  of  Sections  forty-tive,  forty-six  and 
forty-seven  of  Act  No.  20  of  the  Session  of  the  Legislature  of 
1882,  entitled  '•  An  act  to  incorporate  the  city  of  New 
Orleans,  provide  for  the  government  and  administration  of 
the  affairs  thereof,  and  to  repeal  all  acts  inconsistent  and  in 
confliet  with  its  provisions." 

Beit  further  enacted  hy  the  General  Assembly  of  the  State 
of  Louisiana,  public  notice  thereof  havimi  been  given: 

Section  1.  That  sections  forty-five  (45),  forty-six  Amendment 
(46),  forty-seven  (47)  of  Act  No.  20  of  the  session  of  46,47rActVo! 
the  Legislature  of  1882,  entitled  '^  An  act  to  incorporate  faUon  to  Tiec" 
the  city  of  New  Orleans,  provide  for  the  government fications  oMhe 
and  administration  of  the  affairs  thereof,  and  to  repeal  kndwn  i^°  Re-' 
all  acts  inconsistent  and  in  conflict  with  its  provis-  fn  Vrcity"'of 
ions,"  which  reads  as  follows,  viz.  : 

Sec.  45.  There  shall  be  four  (4)  Police  Courts  in  the 
City  of  New  Orleans  to  be  known  as  the  First,  Second, 
Third  and  Fourth  Recorders'  Courts. 

Sec.  46.  The  First  Recorder's  Court  shall  have  juris- 
diction in  the  territory  known  as  the  First  and  Fourth 
Municipal  Districts  of  the  City.     The  Second  Recorder's 


48  CITY  CHARTER. 

Court  shall  have  jurisdiction  in  the  territory  known  as 
the  Second  and  Third  Municipal  Districts.  The  Third 
Recorder's  Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Sixth  and  Seventh  Municipal  Districts, 
and  the  Fourth  Recorder's  Court  shall  have  jurisdiction 
in  the  territory  known  as  the  Fifth  Municipal  Dis- 
trict. 

Sec.  47.  They  shall  be  elected  by  the  qualified  elec- 
tors of  the  city  at  the  same  time  that  all  officers  pro- 
vided for  by  this  act  shall  be  elected.  They  shall  be  at 
least  twenty-five  years  of  age.  They  shall  be  residents 
of  the  districts  over  which  they  shall  have  jurisdiction 
and  reside  at  least  one  year  previous  to  their  nomination. 
The  Recorders  of  the  First  and  Second  Recorders'  Court 
shall  each  receive  a  salary  of  two  thousand  five  hun- 
dred dollars  a  year  and  shall  be  allowed  each  one  clerk 
at  a  salary  of  fifteen  hundred  dollars  a  year  and  two 
assistant  clerks  at  a  salary  of  one  thousand  dollars  a 
year,  and  a  competent  clerk  to  be  called  the  testimony 
clerk  at  a  salary  of  twelve  hundred  dollars  a  year.  It 
shall  be  the  duty  of  the  testimony  clerk  to  take  down 
verbatum  reports  of  all  testimony  and  examination  in 
all  cases  where  the  offense  charged  is  cognizable  in  the 
Criminal  District  Court  of  New  Orleans,  which  testimony 
shall  be  signed  by  the  witnesses  and  certified  to  by  the 
Recorder,  who  shall  forward  the  same  to  the  Criminal 
Court.  The  Recorder  of  the  Third  and  Fourth  Recorders' 
Courts  shall  have  each  a  salary  of  fifteen  hundred  dol- 
lars a  year  and  shall  each  be  allowed  a  clerk  at  a  salary 
of  one  thousand  dollars  a  year  and  an  assistant  clerk 
at  a  salary  of  six  hundred  dollars  a  year.  The  said  clerks 
shall  be  appointed  by  the  Recorders  and  removed  by 
them.  The  Council  shall  provide  suitable  rooms  and 
stationery  for  said  Recorders'  Courts,  and  the  Mayor, 
upon  the  recommendation  of  said  Recorders  respectively, 
shall  detail  four 'policemen  for  each  of  the  First  and 
Second  Recorders'  Courts,  and  two  policemen  for  the 
Third  and  Fourth  Recorders'  Courts,  to  keep  order  and 
execute  the  orders  and  decrees  of  the  Recorders,  be 
aiiHMi(l<'(l  and  rc-eiiactcd  so  ms  to  read  as  follows,  viz: 


CITY  C'HAR'J'EK.  49 

Syc.  45.  There  shall  be  five  I'olicc  Courts  in  the  eity  Five  Recor- 
of  New  Orleans,  to  be  know  as  the  First.  Second,  Third,  tabiished in  the 
Fourth  and  Fifth  Recorders'  Courts.  Orleans- 

Sko.  4(5.  The  F^irst  Recorder's  ('(uirt  shall  liave  juris- 
diction in  the  tei'i-itory  known  as  tlie  F'irst  and  Fourth 
Municipal  Districts  of  the  city,  the  Second  Recorder's 
Court  shall  have  jurisdiction  in  the  territory  known  as 
the  Se<^ond  and  Third  Municipal  Districts.  The  Third 
Recorder's  Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Sixth  Municipal  District,  and  the  Fifth 
Recorders's  Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Seventh  Municipal  District. 

Sec.  47.  Tliov  shall  be  elected  by  the  qualified  elec-  .Modeofeiec- 

•'  ^  tion  of  Record- 

tors  of  tlic  cii\  ;tt  the  same  time  that  all  officers  provid- ^r^.  their  juHs- 

^  diction,  their 

ed  tor  by  this  act  shall  be  elected  ;  they  shall  be  at  least  salaries,  cierks 

■^  "^         ■  _  to    be    allowed 

25  years  of  ae'e ;  they  shall  be  residents  of  the  districts  'o  'hem,  their 

•^  te     >  J  salaries;     duty 

over  which  thev  shall  have  jurisdiction,  and  reside  for  at  ot  the  testimo- 

"  nv  clerk;  mode 

least  one  year  previous  to  their  nomination.     The   Re- ot  appointment 

-^  ^  of  clerks  to  Re- 

corders  of  the  First  and  Second  Recorders'  Courts  shall corders;  city 

Counbil  to  pro 

each    receive  a    salarv   of   two  thousand    five   hundred  vide  rooms  lor 

holding  Recor- 

dollais  a  vear.  and  shall  be  allowed  each  one  clerk  at  a  ders' courts, 

and    stationery 

salary  ot  htteeii  hundred  dollars  a  year,  and  two  assis-fon.se  of  Re- 
tant  clerks  at  a  salary  of  one  thousand  dollars  a  year, 
and  a  competent  clerk  to  be  called  a  testimony  clerk  at  a 
salary  of  twelve  hundred  dollars  a  year.  It  shall  be  the" 
duty  of  'the  testimony  clerk  to  take  down  verbatim  re- 
ports of  all  testimony  and  examination  in  all  cases  when 
the  offence  charged  is  cognizal)le  in  the  Criminal  District 
dourt  of  New  Orleans,  which  testimony  shall  be  signed 
by  the  witness  and  certified  to  by  the  Recorder,  who  shall 
forward  the  saiiH"  to  the  Criminal  Court.  The  Recorders 
of  tlie  Third  and  Fonrtli  Recorders'  Courts  shall  have 
each  a  salary  of  two  thousand  dollars  a  year,  and  shall 
each  be  allowed  a  clerk  at  a  salary  of  twelve  hundred 
dollars  a  year,  and  an  assistant  clerk  at  a  salary  of  one 
thousand  dollars  a  year.  The  Recorder  of  the  Fifth  Re- 
corder's Court  shall  have  a  salary  of  fifteen  hundred  dol- 
lars a  year,  and  shall  be  allowed  a  clerk  at  a  salary  of 
one  thousand  dollars  a  year;  the  said  clerks  shall  be  ap- 
pointed by  the  Recorders  and  removed  by    them.     The 


50  CITY  CHARTER. 

Council  shall  provide  suitable  rooms  and  stationery  for 

said    Recorders'    Courts,    and    the    Mayor,    upon    the 

recommendation   of  said   Recorders   respectively,  shall 

detail  four  policemen  for  each  of  the  First  and  Second 

Recorders'    Courts,  and  two  policemen   for   the   Third, 

Fourth  and  Fifth  Recorders'  Courts,  to  keep  order  and 

execute  the  orders  and  decrees  of  the  Recorders. 

poS%n^*o£      ^EC-  2.  Be  it  further  enacted,  etc.,  That  until  the  next 

cord^'^'uin^fl  general  election  the  Governor  shall  appoint,  by  and  with 

^on**^  R  e  c  oV-  ^^^  advicc  aud  consent  of  the  Senate,  a  suitable  person  to 

ders'  now    \n\^Q  thg  Recordcr  of  the  Fifth  Recorder's  Court.     The 

office    to    hold 

next  election''^  Rccordcrs  uow  iu  officc  uudcr  the  present  law  not  to  be 
disturbed  in  their  present  tenure  of  office  by  the  term& 
of  this  act. 

H.  W.  Ogden, 
Speaker  of  the  House  of  Representatives. 

Clay  Knobloch, 
Lieutenant  Governor  and  President  of  the  Senate. 

Approved  July  10,  1884. 

S.  D.  McEnery, 
Governor  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 
Oscar  Arroyo, 

Secretary  of  State. 


[No.  90  of  1884.  J  AN  ACT 

To  amend  and  re-enact  Section  47  of  Act  Xo.  20  of  1882,  entitled 
••An  act  to  incorporate  the  city  of  New  Orleans,  provide  for 
the  government  and  administration  of  the  affairs  thereof,  and 
to  repeal  all  acts  inconsistent  and  in   conflict  with  its  pro- 
visions." 
Whereas,  due  notice  of  the  intention  to  apply  for  the 
passage  of  this  act  having  been  given,  by  publication  in 
the  manner  prescribed  and  in  accordance  with  Article 
No.  48  of  the  Constitution  of  1879;  therefore, 

Section  1.  Be  it  enacted  hy  the  General  Assembly  of 
the  State  of  Louisiana,  That  Section  No.  47  of  Act  No. 
20  of  1882  be  amended  and  re-enacted  to  read  as  fol- 
lows: 


CITY  CHARTER.  51 

Sec.  47.     The  Recorders  shall  be  elected  by  the  qual-    Recorders  in 
ified  electors  of  the  city ;  they  shall  be  at  least  twenty- ori e a n s,  by 
five  years  of  age.     They  shall  be  residents  of    the  dis- their  age,  quai- 
tricts  over  which  they  have  jurisdiction,  and  must  have  dence   'Recor- 
resided  therein  for  at  least  one  year  previous  to  their  First  and  sec- 
election.     The  Recorders  of  the  First  and  Second  Re- their  salaries] 
corders'  Courts  shall  each  receive  a  salary  of  two  thou- and^Vo  u  r  t^^h 
sand  five  hundred  dollars  a  year,  and  the  Recorders  of  saiadesV  their 
the  Third  and  Fourth  Recorders'  Courts  shall  each  re-  salaries' ;  duty 
ceive  a  salary  of  two  thousand  dollars  a  year.     The  Re-  mony^cierk^ 
corders  of  the  First  and  Second  Recorders'  Courts  shall 
be  allowed  each  one  clerk,  at  a  salary  of  fifteen  hundred 
dollars  a  year,  and  two  assistant  clerks  at  a  salary  of 
one  thousand  dollars  a  year,  and  a  competent  clerk  to 
be  called  the  testimony  clerk,  at  a  salary  of  twelve  hun- 
dred dollars  a  year.     It  shall  be  the  duty  of  the  testi- 
mony clerk,  who  shall  be  a  stenographer,  to  take  down 
verbatim  reports  of  all  testimonies  and  examinations  in 
all  cases  when  the  offence  charged  is  cognizable  by  the 
Criminal  District   Court  of  New  Orleans,  which  testi- 
mony shall  be  signed  by  the  witness  or  witnesses,  and 
certified  to  by  the  Recorder,  who  shall  forward  the  same 
to  the  Criminal  Court,  where  it  shall  be  used  as  authen- 
tic in  case  of  death  or  absence  of  the  witness  or  wit- 
nesses.    Also,  one  porter  for  each  court  at  a  salary  of 
fifty  dollars  per  month. 

The    Recorders  of  the  Third  and  Fourth  Recorders'    city  council 
Courts  shall  each  be  allowed  a  clerk  at  a  salary  of  twelve  Ibre^To^o^ml' 
hundred  dollars  a  year,  and  an  assistant  clerk  at  a  sal-  for  Recorae^^s^ 
ary  of  one   thousand  dollars  a  year.     The  said   clerks  be°r"'^J{'  pS^ 
shall  be  appointed  and  removed  at  the  will  of  the  Re-  S^^orthe 
corders.     TheCouncil  shall  provide  suitable  rooms  and  ^''''' '"'"'■'^' 
stationery  for  said  Recorders'  Courts,  and  the  Mayor, 
upon  the  recommendation  of    said  Recorders,  respect- 
ively, shall  detail  four  policemen  each  for  the  First  and 
Second  Recorders'  Courts,  three  policemen  for  the  Third 
Recorder's  Court,  and  two  policemen  for  the  Fourth  Re- 
corder's Court,  to  keep  or  execute  the  orders  and  de- 
crees of   said  courts,   and  the  said  detailed   policemen 
shall  be  under  the  sole  control  and  orders  of  the  Re- 
corders, respectively. 


Relati 


CITY  CHARTER. 

Sij  .  •_'.  /.''  il  liirtln  rn,<irl,<l.,tc.,  That  all  laws  ill  coii- 
tiict,  iiicoiisisleijt  or  conti*ai-y  to  tlie  provisions  of  this 
act  be  and  the  same  are  hereby  repealed. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  this  act  shall 
take  effect  from  and  after  its  passage.  - 

H.  W.  Ogden, 
Speaker  of  the  House  of  Representatives. 
Clay  Knobloch. 
Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  10.  1884. 

S.  D.  McEnery, 
Governor  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 
Oscar  Arroyo, 

Secretary  of  State. 


[Xo.  174  of  1894.]  AX  ACT 

To  amend  and  re-enact  Act  No.  90  of  1884  to  amend  and  re-enact 
Section  No.  47  of  Act  No.  20  of  1882,  entitled  ''An  act  to  in- 
corporate tlie  city  of  New  Orleans,  provide  for  the  govern- 
ment and  administration  of  the  affairs  thereof,  and  to  repeal 
all  acts  inconsistent  and  in  contiict  with  its  provisions,  by 
providing  for  a  testimony  clerk,  who  shall  be  a  stenographer, 
for  the  Fourth  Recorder's  Court  of  the  city  of  New  Orleans. 

Whereas,  due  notice  of  the  intention  to  apply  for  the 
passage  of  this  act  has  been  published  in  conformity  to 
Article  48  of  the  Constitution  of  1S79. 

Section  1.   Be  iteuacu^l  In/  tJi<  General  As.se mJ)h/  of  the 
State  of  Louisiana,    That  Art  Xo.  90  of  1884  be  amended 
and  re-enacted  so  as  to  read  as  foUovrs : 
to      Sec.  47.  The  Recorders  shall  be  elected  by  the  quali- 


fh^cky  Courts  Aed  elcctors  of  the  city.  They  shall  be  at  least  twenty- 
crerlis.  ^ "" '^ ' '  five  years  of  age.  They  shair  be  residents  of  the  dis- 
trict over  vrhich  they  have  jurisdiction,  and  must  have 
resided  therein  at  least  one  year  previous  to  their  elec- 
tion. The  Recorder  of  the  First  and  Second  Recorders' 
Courts  shall  each  receive  a  salary  of  two  thousand  five 
hundred  dollars  a  year,  and  the  Recorders  of  the  Third, 
Fourth  and  Fifth  Recorders"  Courts  shall  each  receive  a 


crrv  rilARTKR. 

salai-y  ..f  two  thousand  (lollai-s  a  y.-af.  The  K'rcor.l.M-  of 
the  First  and  Second  KN'rordci-s"  (\.iii't>  shall  bcaUowcd 
eacli  one  clerk,  at  a  sahiry  of  tifteeu  liundrcd  (h)llars  a 
year,  ai.id  two  assistant  clerks  at  a  salaiy  of  one  thou- 
sand dollars  a  year,  and  a  competent  clerk  to  he  called  a 
testimony  clerk,  at  a  salary  of  twelve  hundred  dollars  a 
year.  The  Recorder  of  the  Fourth  Recorder's  CVuirt 
shall  be  allowed  a  testimony  (derk  at  a  salary  of  one 
thousand  dollars  a  ycai-. 

it  shall  he  the  duty  of  tlie  r('sriin<.ny  chM-k.  who  shal 
be  a  stenoo-raphcr.  to  take  <lo\\ii  xerhatini  icpoi-ts  of  all 
testimony  and  examinations  iu  all  cases  when  the  ott'eu<*e 
charged  is  appealable  to  the  Supreme  Conrt  or  cogniz- 
able by  the  Criminal  District  (Vmrt  of  New  Orleans, 
which  testimony  shall  be  signed  by  the  witness  or  wit- 
nesses, and  certified  to  by  the  Recorder,  who  shall  for- 
ward the  same  to  the  (^riminal  Court,  where  it  sliall  l)e 
used  as  autliciit i<-  in  case  of  the  death  (•!■  al.sence  of  the 
witness  or  witnesses. 

Also  one  |i<»ftcr  tni-  ,.;ich  coni-t  at  a  >alar>-  of  fifty 
doliai-s  per  month. 

The  lu^corders  of  the  Third  and  F(mii11i  h'ecoideis" 
Courts  shall  each  be  allowed  a  (derk  at  a  salary  of 
twelve  hundred  dollars  a  year,  and  an  assistant  (derk 
at  a  salary  of  one  thousand  dollars  a  year. 

The  said  clerks  shall  be  ai»pointed  and  rejnoved  at  the 
will  of  the  Recorders. 

The  Council  shall  pi'oxide  suitable  rooms  and  station- 
ery for  said  Recordei-"  ('(rnrts,  and  the  Mayor,  upon  the 
recommendation  of  said  Recorders,  respectively,  shall 
detail  four  policemen  each  for  the  First  and  Second  Re- 
corders' Courts,  three  poli(?emeu  for  the  Third  Recorders' 
Court,  and  two  policemen  for  tht^  Fourth  Recorders' 
Court ;  to  keep  or  execute  the  orders  and  decrees  of  said 
courts,  and  the  said  detailed  pcdicemen  shall  be  undei' 
the  sole  control  and  ovdei-s  of  the  Ivecoi'ders.  respec- 
tively. 

Skc.  -J.  />V  //  iHrtlnr  >inirfr,/.  ,/r..  That  all  laws  iiicon- 
Hict,  inconsistent  or  <'oiitrary  to  this  act  Iteand  the  same 
are  hereby  repealed. 


l)ut\ 


U-sti 


Cou  i: 
providt 
uonerv 


54  CITY  CHARTER. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  this  act  shall 
take  effect  from  and  after  its  passage. 

G.  W.  Bolton, 
Speaker  of  the  House  of  Representatives. 

H.  R.  LOTT,  ^ 
President  Pro  Tempore  of  the  Senate. 

Approved  July  12,  1894. 

Murphy  J.  Foster, 
Governor  of  the  State  of  Louisiana. 
A  true  copy : 

T.  S.  Adams, 

Secretary  of  State. 


[No.  36  of  1892.]  AX  ACT 

To  amend  and  re-enact  Section  51  of  Act  No.  20,  Session  of  1882, 
entitled  ''An  act  to  incorporate  the  city  of  New  Orleans,'' 
etc.,  to  provide  for  five  Recorders  pro  tem.  instead  of  four, 
as  now  existing. 

Election  of  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
*ro  tem*^°thl^r  ^^^^^  ^f  Louisiana,  public  notice  thereof  having  been 
salary.  givcu,  as  required  by  the  Constitution  of  this  State. 

That  Section  51  of  Act  No.  20  of  the  Session  of  1882 
be  so  amended  and  re-enacted  as  to  read  as  follows,  to- 
wit : 

The  Council  shall,  within  one  week  after  its  organiza- 
tion, elect  ''viva  voce"  five  persons  who  alone  shall  act 
as  Recorders  pro  tem.  in  case  of  sickness,  absence  or  sus- 
pension of  any  one  or  more  of  the  Recorders,  and  they 
shall  receive  while  so  acting  the  salary  payable  to  the 
said  Recorders,  to  be  deducted  from  the  salary  payable 
to  the  same. 

City  Council  Sec  2.  Be  it  further  enacted,  etc.,  That  upon  the  pro- 
recorder   p  r  o  mulgation  of  this  act  it  should  be  the  duty  of   the  City 

tem.    from    the  *=  .      ,  ,  r^  -, 

Fifth  Muni-  Council  to  elcct  a  suitable  person  as  a  Recorder  pro  tem. 
to  complete  the  in  ordcr  to  complete  said  number,  whose  term  of  office 
term  of  office,   shall  cxpirc  with  those  elected  26th  of  April,  1892.   The 


CITY  CHARTER.  55 

person  so  chosen  shall  be  a  resident  of  the  Fifth  Muni- 
cipal District  of  said  city  of  New  Orleans. 

G.  W.  Bolton, 
Speaker  of  the  House  of  Representatives. 
Charles  Parlance, 
Lieutenant  Governor  and  President  of  the  Senate. 

Approved  July  1,  1892. 

Murphy  J.  Foster, 
Governor  of  Louisiana. 
A  true  copy : 

T.  S.  Adams, 

Secretary  of  State. 


[No.  154  of  1894.]  AN  ACT 

To  provide  for  a  Recorder's  Court  in  the  Third  Municipal  Dis- 
trict of  the  city  of  New  Orleans,  and  for  the  appointment  of 
a  Recorder  for  said  court  until  the  next  general  election,  and 
to  amend  and  re-enact  Sections  45.  46  and  47  of  Act  No.  20 
of  1882.  entitled  -'An  act  to  incorporate  the  city  of  New 
Orleans,  provide  for  the  government  and  administration  of 
the  affairs  thereof,  and  to  repeal  all  acts  inconsistent  and  in 
conflict  with  its  provisions." 

Section  1.  Be  it  enacted  htj  the  General  Assembly  of  the 
State  of  Louisiana  (public  notice  thereof  having  been 
given  in  accordance  with  Article  48  of  the  Constitution)  : 
That  Sections  (45)  forty-five,  (46)  forty-six  and  (47) 
forty-seven  of  Act  No.  20  of  1882,  entitled  *'An  act  to 
incorporate  the  city  of  New  Orleans,  provide  for  the 
government  and  administration  of  the  affairs  thereof, 
and  to  repeal  all  acts  inconsistent  and  in  conflict  with  its 
provisions,"  be  amended  and  re-enacted  so  as  to  read  as 
follows,  viz. : 

Sec.  45.  There  shall  be  six  Police  Courts  in  the  city 
•of  New   Orleans,  to   be  known   as  the   First,    Second,  six  p.oHcI 

'  '  courts  in    New 

Third,  Fourth,  Fifth  and  Sixth  Recorders'  Courts.  oneans. 

Sec.  46.  The  First  Recorder's  Court  shall  have  juris- jurisdiction  of 
diction  in  the  territory  known  as  the  First  and  Fourth  ^^""^'^ 
Municipal  Districts  of  the  city.     The  Second  Recorder's 
Court  shall  have  jurisdiction  in  the  territory  known  as 
the  Second  Municipal  District.     The  Third  Recorder's 


Constituting 


56  CITY  CHARTER. 

Court  .shall  have  jurisdiction  in  the  territory  known  as 
the  Sixth  Municipal  District.  The  Fourth  Recorder's 
Court  shall  have  jurisdiction  in  the  territory  known  as 
the.  Fifth  Municipal  District.  The  Fifth  Recorder's 
Court  shall  have  juris(li(;tion  in  the  territory  known  as 
the  Seventh  Municipal  District,  and  the  Sixth  Recordei-'s 
Court  shall  have  jurisdiction  in  the  territory  l<ii(»\vii  as 
the  Third  Municipal  District. 

Election  of  Sec.  47.  The  Recorders  shall  be  elected  by  the 
their  salaries. 'qualified  electors  of  the  city ;  they  shall  be  at  least 
twenty-five  years  of  at^e.  They  shall  be  residents  of 
the  districts  over  which  they  have  jui-isdict  ion,  and 
must  have  resided  therein  for  at  least  one  year  previous 
to  their  election.  The  Recorder  of  the  First,  Second  and 
Sixth  Recorders'  Courts  shall  each  receive  a  salary  of 
two  thousand  five  hundred  dollars  a  year,  and  shall  be 
allowed  each  one  clerk  at  <i  salary  of  fifteen  hundred 
Clerks   a  n  d  dollars   a  vcar,  aud  two   assistant   clerks  at  a  salarv    of 

their  salaries. 

one  thousand  dollars  a  year,  and  a  competent  clerk  to 
be  called  the  testimony  clerk  at  a  salary  of  twelve  linn- 
dred  dollars  a  year. 
Duty  of  testi-  It  sliall  bc  tlic  duty  of  the  testimony  chr^rk  to  take 
monycei-.  ([f^^y-^^  Verbatim  rcports  of  all  testimony  and  <'xaniina- 
tion  in  all  cases  when  the  offence  charu-cd  is  eoonizable 
in  the  Criminal  District  Court  of  Xew  Oi-leans  or  ap- 
pealable to  the  Supreme  Court,  which  testiuKmy  shall  l)e 
signed  by  the  witness  and  certified  by  the  Re(H)rder. 
who  shall  forward  the  same  to  the  Criminal  Court. 

The  Recorders  of  the  Third  and  Fourth  Recoidcis" 
Courts  shall  have  each  a  salary  of  two  thousand  dollars 
a  year,  and  shall  each  be  allowed  a  (derk  at  a  salarv  of 
twelve  hundred  dollars  a  yearand  an  assistant  clfi-k  at  a 
salary  of  one  thousand  dollars  a  year.  The  lifceorderof 
the  Fifth  Recorder's  ConiM  shall  have  a  salary  of  fifteen 
hundred  dollars  a  year,  and  shall  he  allo\v(Ml  a  clerk  at  a 
salary  of  one  thousand  dollars  a  yeai-.  The  said  (derks 
shall   be  appointed  by    the   Recordei-s  and  rcinoxcd    by 

Council       to,, 
provide    suit-  tiicm. 

sm1one°;y'^or      The  Couucil    shall   provide  suitable    rooms  and    sta- 
said  courts.       tioucry  for  said  Recorders'  Courts  and  the  Mayor,  upon 


Cll'V  ClIARTEK.  57 

tli(^  rccoiiimcndatioii  of  said  lu-coidcrs  i-cspcct  ivd y, 
shall  detail  four  policemen  for  each  of  the  First  and 
Second  Recorders'  Courts,  and  two  policemen  for  the 
Third,  Fourth  and  Sixth  Recorders'  Courts,  to  keep  or- 
der and  execute  the  orders  and  de('rees  of  the  Recorders, 

Skc.  -2.    />V  If  nirfhrr  >  inirf,,/.  rlr.,  That  until  the  ^^("^^^^Ij^lJ^rTecor. 
g-eiieral  election,   tlic    ( iovmiof    shall    ap])oint,  by  and5^*^;o^^';«,Sixth 
with  advice  and  consent  ol"  the  Senate  a  suitable  person  Court, 
to  be  Recorder  of  the  Sixth  Recorder's  Court.     The  Re- 
corders now  in  office  under  the   present  law  not  to  be 
disturbed  in  their  present  tenure  of  office  by  the  terms 
of  this  act. 

(t.  W.  Bolton, 
Speaker  of  the  House  of  Representatives, 
H.  R,  LoTT, 
President  pro  tern,  of  the  Senate, 
Approved  July  12,  1894. 

Murphy  J,  Foster, 
Governor  of  the  State  of  Louisiana. 
A  true  copy : 

Geo,  Spencer, 

Assistant  Secretary  of  State, 


I  \(..  102  of  ISS4.J  AX    ACT 

'Vi>  ainiMid  anrl  rc-onacl  SHciieii  (>;{  ol  an  act  entitled  "•  An  act  to 
iiu-(ii-porale  the  cit}'  of  New  Orleans,  provide  for  the  govern- 
ment and  administration  of  the  affairs  thereof,  and  to  repeal 
all  acts  inconsistent  and  in  conflict  with  its  provisions,''  ap- 
proved June  23,  1882,     Due  public  notice  having  been  given 

1  .     ^-    1      JO     J!  x^i_      /-I         i.-^    ^-  Annnal      tax 

under  Article  48  of  the  Constitution,  upon    all    im- 

Be  it  enacted  hi/  the  General  Assembly  of  the  State  o/ my  tn  uii'c'ity 
Louisiana.  That  Sectibn  G3  of  an  act  entitled  ''An  actTeanlTo  be 
to  incorporate  the  (^ity  of  New  Orleans,  provide  for  the  ciu^  Counciit 
o-(»\'ei-iinieiit  iind  administration  of  the  affairs  thereof ,  sh,aVi'  be'  due 
and  lo  I'epeal  all  acts  inconsistenl  ami  in  conflict  with  Ibie,  and'wfien 
its  j)rovisions,"  approved  June  23,  \'6^2^  be  amended  becomrVei'hi- 
and  re-enacted  so  as  to  read  :  "  That  the  Council  of  the  ues"  for'*^sirch 
city  of  New  Orleans  shall,  for  the  purposes  of  this  act,  annuai'^ucenL' 
once  at  the  first  regular  meeting  in  the  mouth  of  De- [„  \'aid"^dty'; 
cemlMT.  and  not  oftener,  in   each  and    every   year,  levy  e^xigHjie""  ''"'^ 


58  CITY  CHARTER. 

an  annual  and  uniform  tax  upon  all  immovable  prop- 
erty in  said  city  as  prescribed  and  under  the  limitations 
imposed  in  this  act,  for  the  ensuing  year,  which  said 
taxes  shall  be  due  and  payable  at  the  office  of  the  Treas- 
urer, under  such  regulations  as  the  Comptroller  may 
establish,  from  the  first  day  of  March  to  the  30th  day 
of  April,  inclusive.  That  the  Council,  at  a  regular 
meeting  in  October  of  each  and  every  year,  shall  levy 
a  uniform  and  equal  tax  on  all  movable  property,  which 
tax  shall  be  due  and  collectible  from  the  first  day  of 
November  following,  to  December  31  in  the  year  in 
which  assessed  at  the  expiration  of  said  dates  30th  day 
of  April  and  December  31  inclusive,  said  taxes  shall 
become  delinquent ;  there  shall  be  and  is  hereby  im- 
posed, an  interest  penalty  of  ten  per  cent,  per  annum 
on  the  amount  of  the  tax  due,  which  shall  be  collected 
by  the  city,  together  with  and  in  the  same  manner  as 
the  tax ;  and  at  its  first  regular  meeting  in  December, 
and  on  the  same  day  annually  thereafter,  shall  impose 
an  annual  license  tax  on  trades,  professions  and  call- 
ings, as  herein  prescribed ;  said  licenses  to  expire  on 
the  31st  day  of  December  in  the  year  in  which  they 
were  obtained,  and  which  license  tax  shall  be  due  and 
payable  at  the  office  of  the  Treasurer,  from  the  first  day 
of  January  to  the  28th  day  of  February,  inclusive. 

Be  it  enacted,   That  all  laws  and  parts  of  laws  in  con- 
flict with  this  act  be  and  the  same  are  hereby  repealed. 

H.  W.  Ogden, 
Speaker  of  the  House  of  Representatives. 
Clay  Knobloch, 
Lieutenant  Governor  and  President  of  the  Senate 
Approved  July  10,  1884. 

S.  D.  McEnery, 
Governor  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 
Oscar  Arroyo, 

Secretary  of  State. 


CITY  CHARTER.  59 

[No.  88  of  1884.]  AN   ACT 

To  amend  and  re-  enact  Section  66  of  an  act  entitled  ''An  act  to  in- 
corporate the  city  of  New  Orleans,  provide  for  the  govern- 
ment and  administration  of  the  affairs  thereof,  and  to  repeal 
all  acts  inconsistent  and  in  conflict  with  its  provisions,"  ap- 
proved June  23,  1883.  Due  public  notice  having  been  given 
under  Article  48  of  the  Constitution. 

Be  it  enacted  hij  the  General  Assembly   of  the   State   of   Limit    of 
Louisiana,  That  Section  66  of  an   act  entitled  "An   act  making^  Ippro" 
to  incorporate  the  city  of  New  Orleans,  provide  for  the  |overnment  °of 
'government   and   administration  of  the   affairs   thereof  '"*^" 
and  to  repeal  all  acts    inconsistent   and  in  conflict  with 
its  provisions,"  approved  June  23,  1882,  be  amended  so 
as  to  read:   "The  Council    shall   not,  under  any  pretext 
whatever,   appropriate   any  funds   for   the   government 
of   the  corporation  to  the   full   extent  of  the  estimated 
revenues,  but  shall  reserve  ten  per  cent,  of   said  estima- 
ted revenues,  which  reserve,  and  all  sums,  rights,  inter- 
ests and  credits  received  from  miscellaneous  or  contin- in  favor  of 
gent   sources,    shall   be   appropriated    by    the   Council hc  improve- 
for  the  purposes  of  public  improvements  as  herein  pro-  '"^"  ' 
vided  for." 

H.  W.  Ogden, 
Speaker  of  the  House  of  Representatives. 
Clay  Knobloch, 
Lieutenant  Governor  and  President  of  the  Senate. 
Approved  10th  July,  1884. 

S.  D.  McEnery, 
Governor  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 
Oscar  Arroyo, 

Secretary  of  State. 


{No.  109  of  1886.]  AN  ACT 

To  amend  an  act  entitled  "  An  act  to  incorporate  the  cit  y  of 
New  Orleans,  provide  for  the  government  and  administra- 
tion of  the  affairs  thereof,  and  to  repeal  all  acts  inconsist- 
ent and  in  conflict  with  its  ijrovisions,"  approved  June 
23,1882;  and  to  provide  for  limit  of  appropriations  in  the 
city  of  New   Orleans,  and   to   repeal   an   act   approved   May 


60  (  rrv  chartp:k. 

10.  is;s4.  cnlith'd.   cic.    public  ndtice  Imving  been   given  in 
accordance  wirli  I  lie  leiiuireuients  of  Article  48  of  the  Con- 
stitution. 
r„   it  nnirlnl   /,,/    iJie    OnuntI    Assnuhh/    of   (]„■  Statv  of 
p  roll  i^Tt'ed/^'^''''^-''''''',  That    Section    (i(i    of    A.-t    No.  20.    approved 
a'tTntP'^'aTv-Tiine   'l'M\\,  18SL'.  entitled    ••  An  a.-t  to    incorporate  the 
Lo"trnient*o1<'ity  of    Xew  Orlcaus,  provide  for   the   government  and 
fuu'^extent*  o'f^<^"iii»i'^^i"^^i<>i'  ^f  the  affairs  thereof,  and  to  repeal  all 
an'd'^^sha'i/'re^  ^<*t!^  i"<'onsistent  and  in    conflict   with   its  provisions," 
cent    of"  safd^^t^ '^'"t>iidt'<i  ^iifi  re-enacted    so  as   to   read  as  follows : 
"^Ippn'pria^^e d^  The  Conncil    shall    not,  nnder   any   pretext    whatever. 
p°u  b'TI'^^Ym- '''PP^"^P'"i^^<^  ^^'y  ^'111*1^  foi'  tlie  government,  of  the  eor- 
provement.       poration  to  1 1 1  ('  fnll    extent    of  the   revenues,    but  shall 
reserve  twenty  pel-   cent,    of    said   revenues,    which  re- 
serve  and  all   siinis.    rights,    interests   and   credits    le- 
ceived  from    tlie    inisc-ellMiieous    or   contingent    soui-c('> 
sliall  be  approiiriated  l)y  the  Council  for  the  purpose  of 
pet-nianent  public  iinpi-ovement,  as  herein  provided    for. 
A  ltd  he  if  flirt  Ik  r  fiiacffil  hij  the  General  Asseniblj/  of  tli^ 
\ctTo.'"88  of  **^'/'''''  "''  f^"">-^><'i'"-  That  Act  No.  88, approved  July  10th. 
i*^^-  1884,  eiitith'd.      •■An    act   to  amend    and  re-ena<'t    an 

act,"  be  and  the  same  is  hereby  repealed. 

H.  W.  Ogden, 
.Speaker  of  the  House  of  Representatives. 
Clay  Knobloch, 
Lieutenant  (lovernor  and  President  of  the  Senate. 
Approved  -Inly  S.  1886. 

S.  D.  McEnery, 
(lovernoi-  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 

(  )S(.\K'    AlJU'OVO. 

Seci-etarv  of   State. 


[No.  81  of  1882.]  AN  ACT 

Entitled  an  act  to  authorize  the  cit>-  of  New  Orleans,  in  the  sale 
or  lease  of  franchise  or  right  of  way  for  street  railroads,  or 
other  jirivileges,  to  apply  the  price  paid  for  the  same  in  the 
performance  of  works  of  public  improvements  of  a  perma- 
nent character,  such  as  pavingstreets,  embellishing  parks,  etc.. 


the 

citv    ot      New 
in  con- 


(TTV  ClIAIM-flH.  61 

Whereas,  notice,  as   re(iuired    by    Article  48  of  the  Constitu- 
tion, has  been  given  of  the  intention  to  apply  for  the  passage 
of  this  act:  thoreforc. 
SkctIoN   1.     //'    if  niarf,,/  h;/  th,     (Innnil  Assniihl;/  of  ijn 
S/dfr  of  Loidsidii'i.     Tliat  liei-eafter,  whenever  the  city  of  ,r,Jd^^%y^^'''" 
New  Oileaiis,  through  lier  proper  authorities,  shall  con- oHeanl 
ti'jict    witli  private  corporations,  or   individuals,  for   the  pXate^cor^or'^ 
s;ih^  or  lease  of  public  privileges   or  francliises,  such  as ^fj^'^ig "Jo'Alie 
the  right  of  way  for  street  railroads.  <»r  fof  other  ]niblic;^iV[>pHvf 
undertakings,    within  her  legal  power  and  control,  the  J-I^^se^  ^o  %*ip- 
price  paid  for  the  sale  or   lease    of   public   privileges  or  pj.?.^  pa'ld  '/or 
franchises,  shall  be  applied  by  said  city  in  the  perform- ^'^[^.^  '|^|^,  ^l 
ance  of  WTjrks  of  public    inipi'o\<iii.iit  of  a   permanent  ^p^L' of'pub- 
charactcr.  such   as  paving  stivrts,    embellishing  parks,  I^^^^'-p^- 

^f,.  paving   streets, 

^"  •  embellishing 

Sk(  .  2.  Be  it  further  enacted,  etc.,  That  all  laws  or  i"''^'-''- 
parts  of  laws,  and  especially  so  miudi  of  Section  10  of 
Act  No.  31,  act  of  1876,  known  as  the  Preadum  Bond 
Act,  and  of  Section  5  of  Act  No.  133,  act  of  1880,  as 
may  be  in  coiiHict  lierewitli.  Ix-  and  the  same  are  hereby 
repealed. 

H.  H.  Ogdex. 
Speaker  of  tlic  House  of  Represe>itatives. 
(ii:<».   L.  Walton, 
President  pro  tem.  of  the  Senate. 
Aj.i^ioved  .lulv  o.  1882. 

S.  D.  McExEiiY 
(r(i\-erii(ir  of  the  State  of  Louisiana. 


lie  copy  : 

Wili/a. 

S'rKOX( 

Seen 

■t.-lfv  of 

[Xu.  135  of  ISSS.]  AX  ACT 

Further  defining  the  powers  and  duties  of  the  Council  and  offi- 
cers of  the  city  of  Xevv  Orleans,  and  imposing  additional 
limitation  thereon.  Whereas.' due  and  timely  notice  of  the 
intention  to  apply  for  the  passage  of  this  act  has  been  given, 
and  evidence  of  the  publication  of  said  notice  exhibited  to  the 
General  Assembly,  as  required  by  Article  48  of  the  Constitu- 
tion. 

Section  1.  Be  itemictt^d  hij  tlir  (iiioral  Assemhhj  of  the 


62  CITY  CHARTER. 

or^urch°aseTy '^^^^^  of  Loutsiana,  That  neither  the  Council  of  the  city 
cu^of 'New°or- ^^  Ncw  OrlcRns  nor  any  committee  thereof,  nor  any  of 
[^e^*^^g ''»^^'^?>  the  officers  of  said  city,  shall  have  power  to  bind  the 
fzed '^  ^"\''h'e^^^y  by  any  contract  for  any  public  work,  or  for  the 
Council,  an d purchasc  of  any  materials  or  supplies  for  any  of  the  de- 

previoasly  let^  '  t-f  j 

to  t^he  ^owest  partments  of  the  city  government,  unless  there  shall 
tionai  provis-  havc  bccu  prcviously  passed  a  resolution  authorizing  the 
said  contract  of  the  said  purchase,  and  unless  the  said 
contract  for  public  work,  or  for  the  furnishing  of  said 
materials  and  supplies,  shall  have  been  let  by  the  Comp- 
troller to  the  lowest  bidder,  as  provided  in  Section  21  of 
the  City  Charter ;  provided,  however,  that  in  cases  of 
emergency  the  officers  of  the  various  departments  may 
make  bills  for  supplies  of  materials  not  exceeding  fifty 
dollars ;  but  in  all  such  cases  immediate  report  in 
writing  of  the  making  of  such  bill  shall  be  made  by  the 
head  of  the  department  to  the  Mayor,  setting  forth  the 
reason  of  his  action,  which  report  shall  be  laid  by  the 
Mayor  before  the  Council  and  receive  the  approval  of 
that  body  before  the  said  bill  is  ordered  paid. 

Sec.  2.  Be  it  further  enacted^  etc.,     That  on  the  1st  of 

January  and  July  of  each  and  every  year,  each  and  every 

Estimates  of  head  of  every  department  of  the  city  government  shall  lay 

supplies     and  "^  .  .  '  . 

materials    r  e  -  bcf  orc  the  Couucil  au  cstimatc  of  the  supplies  and  material 

quired  of  every  ,,.,,...  „     ,  .       .  t       •          i 

head  of  depart-  (withm  the  limitation  of  the  appropriations  made  in  the 
every  year.  budgct  for  his  department)  that  may  be  needed  in  his  de- 
partment during  the  current  six  months ;  and  the  said 
Council  shall  approve  or  modify,  in  its  discretion,  said 
estimate,  and  shall  thereupon  direct  the  Comptroller  to 
advertise  and  adjudicate  the  contract  to  furnish  said 
supplies  and  materials,  or  so  much  thereof  as  may 
be  needed,  to  the  lowest  bidder,  as  provided  in  Section 
21  of  the  City  Charter. 

Sec.  3.  Be  it  further  enacted,  etc..  That  said  Council 
re^ewlf ^there^  shall  havc  uo  powcr  to  make  or  renew  any  lease  of  the 
or' r/ndli|sy or  wharves  or  landings,  or  any  lease  or  sale  of  city  prop- 
Jff'^pubii^^prcp^erty,  except  after  public  advertisement  and  free  compe- 
afterpubHc^aVtition,  and  adjudication  'by  the  Comptroller  to  the 
Ind' /rL"'com- lii^hest  or  lowcst  bidder,  as  the  case  may  be,  according 
petition.  g^g  ^j^^  specification  of  said  lease  or  sale  may  require. 


CITY  CHARTER.  63 

Sec.  4.  Beit  further  enacted,  etc.,  That  said  Council  No  grant, re- 
shall  not  have  power  to  ffrant,  renew  or  to  sell  or  to  dis-  of    any  street 

railroad     fran- 

pose  of  any  street  railroad  franchise,  except  after  at  least  chise  valid, ex- 
three  mouths'  publication  of  the  term  and  specifications  months'  pubii- 
of   said  franchise,  and  after  the  same  has  been   adjudi-  judication    to 
cated  to  the  highest  bidder  by  the  Comptroller  as    pro-  bidder. 
vided  in  Section  21  of  the  City  Charter. 

Sec.  5.    Beit  further  enacted,  etc.,  That  the  said  Coun-    ^^         ^     ^ 

^  '  No     contract 

cil  be  and  the  same  is  hereby  prohibited  from  making  any  payable  out  of 

•^    '^  '^         '^   or     appropna- 

contract  with  reference  to,  or  payable  out  of,  or  any  ap-lh*e°g"^r^^f"^* 
propriation  of  the  surplus  f uud  of  any  year,  except  to  f""^  ^aiid,  ex- 
the  extent  that  said  surplus  fund  may  exist  in  cash  in  extent  that  may 

'■  ^  then     exist     in 

the  city  treasury  at  the  time  of  the  contract  or  of  the  ap-  cash  in  the  dty 

•^  "^  treasury. 

propriation. 

Sec.  6.     Be   it  further  enacted,  etc.,     That  all  the  of-     Absenteeism 
fleers  and  members  of  the  city   government  are   hereby  ^^^^^bYrs^of 
required  and   commanded    to  attend  personally  to  the  e'^nmem,  with- 
duties  of  their  offices,   and  are  hereby  prohibited   f I'om  pennisMon'^'of 
absenting  themselves  from  the  city  of  New  Orleans,  ^in-''j.^^^*?j^j"'''^' 
less  by  permission  of  the  Council  previously  granted,  for 
reasonable  cause  stated  and  approved.     They  shall  keep 
their   offices  open  from  9  o'clock  in  the  morning  until  4 
o'clock  in  the  evening  and  shall  require  their  employees 
and   clerks   to  be  and  to  remain  therein  during   those 
hours. 

Sec.  7.  Be  it  further  enacted,  etc.,  That  at  the  end  of  perming  out 
each  and  every  year,  and  not  before,  the  Council  shall  ^'^'^^  of t^e'con^ 
by  proper  ordinance,  and  under  proper  limitations  and  ^''^*'/ i*°q*=°'J^*=j^ 
restrictions,  farm   out   and   adjudicate   the  contract   to  ^^^^^^^ . ''■J^'*^  ^" 

when  and  un- 
der what  terms 
and  condi 
allowable. 

vertisement ;  provided,  that  the  percentage  allowed  such 
farmer  shall  never  exceed  five  per  centum  on  the  amount 
collected  and  paid  into  the  treasury ;  that  the  payment 
of  such  taxes  and  licenses  shall  always  be  made  to  the 
City  Treasurer  and  not  to  the  farmer;  that  the  city 
shall  be  at  no  cost  or  expense  of  said  collection ;  that 
each  farmer  shall  be  required  to  clo^e  his  contract  with- 
in two  years,  and  that  his  bond  shall  not  be  canceled 
until  he  accounts  for  every  tax  bill  in  his  hands,  either 


64  ("ITY  ciiAirrEK. 

by  colleetiijg:  the  same  or  by  sliowiiio'  that  tlu-  same  can 
not  be  collected  and  the  reason  of  such  non -collectibil- 
ity, and  on  all  licenses  and  bills  uncollected  at  the  end 
of  said  two  years  he  shall  rec^eive  no  commissions. 
Repealing  Sec.  8.  Be  it  furthev  enacted,  etc.,  That  all  laws  and 
parts  of  laws  in  conflict  with  the  provisions  of  this  act 
be  and  the  same  are  hereby  repealed. 

S.  P.  Henry, 
Speaker  of  the  House  of  Representatives. 
James  Jeffries, 
Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  12,  1888. 

Francis  T.  Nicholls, 
Governor  of  the  State  of  Louisiana. 
A  true  copy  from  the  original : 
Jos.  Gehelin, 

Assistant  Secretarv  of  State. 


[No.  J 13  of  1892.]  AN  ACT 

To  amend  and  re-enact  Section  (5  of  Act  No.  135  of  1888.  further 
defining  the  powers  and  duties  of  the  Council  and  officers  of 
the  city  of  New  Orleans,  and  imposing  additional  limita- 
tions thereon;  whereas,  evidence  has  been  exhibited  that 
this  act  has  been  published  in  accordance  with  Article  48  of 
the  (  niiviiiution. 

Section  1.   Be  it  enacted  hi/  Hit    (hiKraJ  Assembly  of  the 

IStatc   of   Louisiatia,  That  Section    (i.  of  Act  No.  135  of 

1888,  be  and  is  hereby  amended  and  re-enacted  so  as  to 

read  as  follows : 

the  person a"i^t-     That  officcrs  and  members  of  the  city  government  are 

du"tie^s"  oVt*he^ir  liereby  required  and  commanded  to  attend  personally  to 

aSir  meSberstiie  dutics  of  their  office,  and  are  hereby  prohibited  from 

frnn,f,^f of  absenting-   themselves    from   the   city   of  New   Orleans 

New  Orleans.    ,^|,j^^t.  ))y  permission  of  the  Council  previously  granted, 

for  reasonable  cause,  stated  and  approved.     They  shall 

keep  their  offices  open  from   9    o'ch)ck   in  the  moruing 

until  3  o'clock  in  the  evening,  and    shall    require  their 

employees  and  clerks  to  be  and  remain  therein  during 

those  hours. 


CITY  CHARTER.  65 


ing  effect. 


Sec.  2.  Be  it  further  enacted,  etc.,   That  this  act  shall    Time  of  tak- 
take  effect  from  and  after  its  passage. 

G.  W.  Bolton, 
Speaker  of  the  House  of  Representatives. 
Charles  Parlange, 
Lieutenant  Governor  and  President  of  the  Senate. 

Approved  July  7,  1892. 

Murphy  J.  Foster, 
Governor  of  the  State  of  Louisiana. 
A  true  copy : 

T.  S.  Adams, 

Secretarv  of  State. 


[No.  127  of  1894.]  AN  ACT 

To  repeal  Section  7  of  Act  135  of  1888,  entitled  an  act  for  the  de- 
fining of  the  powers  and  duties  of  the  Council  and  officers  of 
the  city  of  New  Orleans  and  imposing  additional  limitations 
thereon.  Whereas,  due  and  timely  notice  of  the  intention  to 
apply  for  the  passage  of  this  act  has  been  given,  and  evi- 
dence of  the  publication  of  said  notice  exhibited  to  the  Gen- 
eral Assembly,  as  required  by  Article  48  of  the  Constitution. 

Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana,  That  Section  7  of  Act  135  of  1888, 
providing  that  the  Council  shall  farm  out,  under  certain 
restrictions  and  limitations,  the  delinquent  taxes  and 
licenses  of  that  year,  to  the  lowest  bidder  after  ten  days' 
public  advertisement,  etc.,  be  and  the  same  is  hereby 
repealed. 

Be  it  further  enacted,  etc.,  That  this  law  shall  take 
effect  from  and  after  its  passage. 

G.  W.  Bolton, 
Speaker  of  the  House  of  Representatives. 
H.  R.  Lott, 
President  pro  tempore  of  the  Senate. 
Approved  July  11,  1894. 

Murphy  J.  Foster, 
Governor  of  the  State  of  Louisiana. 
A  true  copy : 

T.  S.  Adams, 

Secretary  of  State. 


66  CITY  CHARTER. 

[No.  109  of  1882.]  AN   ACT 

Relative   to  Fixing  the  time  for  the  levy  of  municipal  taxes,  and  prescribina: 

certain      delin-  "  ,,-,,..  ■'f  & 

quent    taxes  a  penalty  for  delinquents  in  the  payments  thereof. 

and   licenses. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  the  municipal  corporations  of 
the  State  shall  once  in  each  and  every  year,  between 
Time  at  which  ^^^  first  of  May  and  the  thirtieth  of  June,  and  not 
^ration*' shall  ^^*^^^^*'  ^^^  ^^  eqiial  and  uniform  tax  upon  all  real  and 
an"equli  'f^a  pei^^onal  property  within  its  corporate  limits,  as  pre- 
uponTii  ^o"  scribed  by  and  under  the  limitations  imposed  by  law  for 
erty,  real  and  the  currcut  year,  which  said  tax   shall  be  due  and  pav- 

personal ;  when  ./  /  c    ^ 

able  ^""^  ^^''  ^^^^  ^^  *^^  proper  office  of  said  municipal  government 
immediately  after  said  levy  or  as  soon  thereafter  as  the 
tax  bills  can  be  prepared. 

Sec.  2.  Be  it  further  enacted,  etc..  That  upon  municipal 
taxes  not  paid  and  delinquent  thirty  (30)  days  after  the 

Penait   lor  the  ^^"^^^^^^^^  ^^   ^^^  ^^^  ^^^^*  there  shall  be  and  is  hereby 

^on-payment  of  imposed   an  interest   penalty   of  ten  (10)  per  cent,  per 

annum  on   the  amount   of   the  tax  due,  which  shall  be 

collected   by  the   municipal  corporation,  together  with 

and  in  the  same  manner  as  the  tax. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  all  laws  or 
parts  of  laws  in  conflict,  inconsistent  or  contrary  to  the 
provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed, but  all  other  parts  of  all  laws  on  the  same  sub- 
ject matter  shall  continue  in  force. 

R.  N.  Ogden, 
Speaker  of  the  House  of  Representatives. 
Geo.  L.  Walton, 
President  pro  tem.  of  the  Senate. 
Approved  July  5,  1882  : 

S.  D.  McEnery, 
Governor  of  t^e  State  of  Louisiana. 
A  true  copy: 

Will  A.  Strong, 

Secretary  of  State. 


THE  LAWS  AND  REVISHD  ORDINANCES 

OF    THE 

CITY  OF    NEW  ORLEANS. 


ALMSHOUSES,    ASYLUMS,    TRUST   FUNDS    AND 
CHARITABLE   INSTITUTIONS. 
See  Hospitals. 


Art.  1.  It   shall     be    unlawful    for    any   person    oresSK"'  ^° 
persons  to  set  up,  establish  and  operate  any   hospital,  c.^^sl'May^ti^ 
almshouse  or  charitable  institution  of  a  public  character  '^^ 
in  any  locality  of  the  city  of  New  Orleans,  without  hav- 
ing first  petitioned  the  Mayor  and  City  Council. 

Art.   2.  That    if     any     person   or    persons    protest    Protests, 
against  the  setting  up,  establishing  or  operating  of  such  ^''• 

charitable  institution  ^at  such  location,  they  shall  be 
heard  before  the  Committee  on  Public  Order,  Health  and 
Police  and  Public  Buildings  of  the  City  Council,  and  if 
there  be  any  valid  objections  in  the  judgment  of  the 
said  committees  said  petition  will  not  be  granted. 

Art.  3.  That   any  violation    of   the  foregoing  ordi-    p^j,^f, 
nance  will  be  punished  by  a  fine  of  not  more  than  fifty  i^. 

dollars  or  not  more  than  thirty  days'  imprisonment. 

Art.  4.  That   each   and   every    charitable  institution 
for  which   appropriation   is    made  by  this  Council  shall 
be  required   to   enter  on  a  book  to  be  specially  kept  for    Record  book 
that  purpose  a  full  and    complete  record  of  all   persons  %^rd.^No*."  3526 
or  children  under  their  care,  said  record  to  include  datefs89^'  Am^enl-' 
of  admission,    sex,    age,    condition,  when   admitted,    if  j^J^c.^s.*'' ^"^ 
either  or  both   parents   are    living,  date  of  discharge, 
compensation,  if  any,  received  for  care  of  said  persons    . 
or  children   and   such   other   facts  as  may  indicate  the 
labor  and  expense  connected  with  the  care  of  said   per- 
sons or  children. 


68  ALMSHOUSES,    ASYLUMS,    ETC. 

Monthly    re-     Art.  5.  That  each  of  said  institutions   shall   be    re- 
^°'^*         lb.  quired  to  furnish   the  Mayor  with  a  monthly  report  em- 
bodying all  the  items  set  forth  in  above  resolution,  and 
that  all  appropriations  made  in  favor  of  said  institution 
be  based  upon  said  monthly  reports  and  pro-rated  by  the 
Committee  on  Charities. 
Inspection.        Art.  6.  That  the  record  book  required  to  be  kept  by 
^^-  this   resolution   shall  be  at  all  times  open  to  inspection 
by  the  Committee  on  Charities. 
Repealing         Art.  7.  That  all  ordinances  or  parts  of  ordinances  in 
*^'*"ib!  conflict  with  the  provisions  of  this  resolution  be  and  the 
same  are  hereby  repealed. 

Shakspeare  Almshouse. 

property*^^  °^  Art.  8.  That  the  Mayor  be  and  is  hereby  empowered 
A.^s!  7327!  ^^  appoint  a  committee,  to  be  composed  of  two  Adminis- 
trators and  himself  as  ex-officio  chairman,  for  the  pur- 
pose and  with  full  power  to  purchase  a  suitable  place  in 
the  vicinity  of  the  city,  with  such  funds  as  have  or  may 
hereafter  be  donated  by  the  gamblers  of  this  city,  the 
same  to  be  used  as  a  house  and  farm  for  the  indigent 
people  of  New  Orleans. 
oS'^7901  a.     Whereas,  Joseph  A.  Shakspeare,  Mayor,  has  turned 

fssa/""^  ■'"•into  the  city  treasury  certain  sums  of  money  donated 
to  him  for  such  public  uses  as  he  may  deem  proper  to 
apply  same  to ;  and,  whereas,  it  is  his  desire,  with  the 
approbation  of  the  Council,  to  use  the  same  for  con- 
structing and  maintaining  an  almshouse  for  the  support 
of  the  poor  of  New  Orleans. 

Donation  fund.      Art.  9.  That  the  Administrator  of  Public  Accounts 

lb. 

and  Finance  open  a  ''donation  account,"  to  the  credit  of 
How  applied,  which  Said  moneys  shall  be  placed  ;  and  the  said  moneys 

be,   and  are  hereby,   appropriated   for  maintaining   an 

almshouse,  for  the  purpose  stated  in  the  preamble  of  this 

ordinance. 

How  payable.  Art.  10,  That  Said  money  is  payable  on  the  order  of  i 
Mayor  to  ,p  jhe  Mayor. 
''*ord.  No.  598  Art.  11.  That  within  ten  days  after  the  passage  of  I 
fs&if  ■  ^^^'  '^'  this  ordinance  the  Mayor  of  New  Orleans  shall  appoint,! 


ALMSHOUSES,    ASYLUMS,    ETC.  69 

by  and  with  the  consent  of  the  Common  Council,  five 
citizens  of  New  Orleans,  who  shall  constitute  the  Board 
of  Managers  of  the  Shakspeare  Almshouse. 

Art.  12.  That  the  said  Board  of  Managers  shall  organ-  organization, 
ize  by  the  election  of  one  of  their  number  as  president ; 
that  the  said  Board  of  Managers  shall  hold  their  offices 
four  years  from  the  date  of  their  appointments ;  that  all 
vacancies  shall  be  filled  by  the  Mayor,  by  'and  with  the 
consent  and  advice  of  the  Council. 

Art.  13.  That  the  said  Board  of  Managers  shall  have  control  and 
the  exclusive  control  and  management  of  said  Shaks-  '"^''^semenu^ 
peare  Almshouse. 

Art.  14.    That  no  warrant  or  vouchers   drawn  for  the    warrants  or 
payment  of  any  supplies  for  said  institution ,  or   for  the  ''°"'^''^''®-     j^ 
salary  of  any  of  the  employees  of  said  institution,  shall 
be  of  any  force  or  effect,  or  shall  be  paid  by  the  Treas- 
urer until  or  unless  countersigned  and  approved  by  the 
president  of  said  Board  of  Managers. 

Art.  15.    That  the  said  Board  of  Managers  shall  em-    Employees, 
ploy  and  discharge   all   employees  of   said   almshouse ; 
shall  fix  the  salaries  and  terms  of  employment,  and  shall 
make  rules  for  the  government  of  said  institution  ;  pro- 
vided, nothing  in  said  rules  shall  be  contrary  to  the  laws    Rules  and 
of  the  State  of  Louisiana  or  the  ordinances  of   the  city    ^" 
of  New  Orleans. 

Art.  16.  That   the  said  Board  of  Managers  shall  re-    Reports, 
port  at  least  once  every  three  months  to  the  Council  the 
condition  of   said   almshouse,   its  working  for   the  past 
quarter,  a  detailed  statement  of   all   disbursements  and    ord  No  59s, 
collections  from  any  source,  and  an  estimate  of  receipts  isg^.'    ^  '  ''' 
and  disbursements  for  the    ensuing  quarter. 

Art.  17.  Whereas,  there  is  now  a  sum  of  seven  Transfer  of 
thousand  five  hundred  and  seventy-five  dollars,  more  or 
less,  in  the  city  treasury,  transferred  to  the  city  by  the 
Board  of  Commissioners  of  the  Touro  Almshouse,  under 
authority  of  Act  No.  100  of  the  Acts  of  the  General  As- 
sembly of  Louisiana  for  the  year  1867 ;  and  whereas, 
said  money  is  part  of  the  bequest  of  Judah  Touro  to  the 
<ity  of  New  Orleans,  for  the   "purpose   of   establishing 


lb. 


lb. 


Touro    funds, 
lb. 


70  ALMSHOUSES,    ASYLUMS,    ETC. 

an  almshouse  in  the  city  of   New  Orleans,  and  with  the 

view  of  contributing  as  far  as  possible  to  the  prevention 

of  mendicity  in  said   city;"  and   whereas,  said  Act  No. 

100  of  the  Legislature   of   1867  permits  the  use  of   said 

money  by  the  city    "for  the   purpose   contemplated  by 

the  testator,"  and  for  none  other. 

Dedicated  to     ^RT.  18.  That  the  said  sum  of  money  to  the  credit  of 

hoUe  ^ ' '"  ^'  said  Touro  Bequest  Fund,  or  any  sums  that  may  accrue 

^•^^  thereto,  be  and  the  same  are  hereby  appropriated  and 

dedicated  to  the  construction  and  maintenance  of  the 

"  City  Almshouse,"  now  in  process  of  erection,  etc.,  in 

accordance  with  Ordinance  No.  7901,  A.  S. 

Art.  19 .    That  said  money  shall  be  paid  out  for  the 
lb.  purposes  aforesaid,  on  the  order  of  the  Mayor. 

Touro  Asylum. 

Transfer   of     ^^''^*  ^^"    ^^^^  ^^^  ^^^^  ^^  ^^^  Orlcaus  acccpts  the 
real  estate.      transfer  of  the   real  estate  and  movable  property  and 

March,  iS68.  f       f         j 

N.  S.878.      moneys,  on  hand,  belonging  to  the  Touro  Almshouse, 
under  the  act  of  the  Legislature,  approved  March  23, 
1867,  entitled  ''  An  act  for  the  relief  of  the  Board  of 
Directors  of  the  Touro  Almshouse." 
^         ^  Art.  21.    That  the  City  Notary  be  authorized  to  pre- 

^er.  pare  an    act  to   transfer,    in   conformity   with   the   act 

of  the  Legislature  aforesaid,  and  the  Mayor  to  sign  the 
same  on  behalf  of  the  city. 

Art.  22.  That  the  moneys  on  hand,  belonging  to  the 
said  Touro  Almshouse,  be  paid  over  to  the  City  Treas- 
urer, and  that  a  detailed  statement  of  all  moneys  on 
hand,  real  estate,  and  personal  property  of  said  Touro 
Almshouse,  conveyed  and  transferred  as  aforesaid,  be 
submitted  to  the  Common  Council  by  the  City  Comp- 
troller as  soon  as  practicable,  after  said  conveyance  and 
transfer  are  completed. 


Mo 

hand. 


Prison  and  Asylum  Commissioners. 

Art.  23.  That  the    hereinafter    named    persons   are 
hereby  constituted  a  Board  of  Prison  and  Asylum  Com- 
A.s.  7426.    jjjjggioners,  for  the  purpose  of  overseeing  and  investi- 


C  r  e  a  t  i  n  g^ 
Board. 
Nov.  li 


I 


ALMSHOUSES,    ASYLUMS,    ETC.  /I 

gating'  the  financial,  moral,  sanitary  and  disciplinary 
management  of  all  prisons,  station-houses,  houses  of 
detention  or  refuge  and  asylums  for  the  insane  or 
destitute,  belonging  to  and  under  the  control  of  the 
city  of  New  Orleans. 

Art.  24.  A  majority  of  the  board  shall  constitute  a 
quorum  and  shall  elect  one  of  its  members  president  of      ""'■"'"•  ^^ 
the  board. 

Art.  25.  The  board    shall  have  power   to   make  all      Rules  and 
rules  and  regulations  for  its  own  government  not  con-"^*^"  *"°"^"ib. 
trary  to  law,  and  at  a  regular  meeting  to  fill  any  vacancy 
occasioned  by  resignation  or  otherwise. 

Art.  26.  The  board  shall  consist  of  fifteen  members.    Number  of 

Art.  27.  The   seat   of   any   member  who   shall   per-  '"*""  ^'^'    ib. 
sistently  neglect  his  duties  maybe  vacated  by  a  majority 
of  the  board  at  any  regular  meeting,  and  the  vacancy  *"      ib! 

shall  be  immediately  filled,  as  hereinbefore  provided. 

Art.  28.  The  holding  of,  becoming  a  candidate  for, 
or  having  at  any  time  within  two  years  previously  held, 
or   been  a  candidate   for  any  public   office   other   than  tions. 
educational,  shall  disqualify  any  person  from   being  a 
member  of  the  board. 

Art.  29.  The  board  shall  have  power  to  act  as  ^  ^^^  ^^  ^j^^ 
the  accredited  agent  of  the  Council,  and  at  any  and  all  council.  ^^ 
times  to  visit,  inspect  and  examine  any  and  all  public 
institutions  hereinbefore  described,  and  to  appoint  sub- 
committees of  persons,  either  members  of  the  board  or 
not,  to  assist  them  in  such  inspections,  who  shall  report 
to  and  be  subject  to  the  board ;  and  it  shall  be  the  duty 
of  the  board  to  make  or  procure  such  inspections  not 
less  than  once  every  three  months,  provided  the  saint- 
shall  be  done  free  of  expense  to  the  city,  and  to  iccom- 
mend  to  the  Council  such  changes  in  the  fiiiaiicial.  moral, 
sanitary  or  disciplinary  management  of  the  aforesaid 
institutions,  as  they  may  deem  necessary  to  their  highest 
efficiency.  The  acts  of  the  board  shall,  however.  1)c 
subject  to  the  disapproval  or  veto  power  of  the  Council 
in  all  cases  where  the  Council  shall,  upon  consideration, 
find  it  proper  or  necessary  to  express  such  disapproval. 

Art.  30.  In  the  first  week  in  November  of  eacli  year. 


72  ALMSHOUSES,    ASYLUMS,    ETC 

^^P*"^-  i^  and  as  often  as  may  seem  to  the  board  necessary,  the 
board  shall  make  to  the  Council  a  full  report  of  the  con- 
dition and  wants  of  each  institution  and  the  manage- 
ment thereof  during  the  closing  twelve  months,  with 
statistical  tables. 

Names  of  Art.  31.  The  followiug  named  persons  shall  consti- 
ib. tute  the  board:  T.  G.  Richardson,  M.  D.,  Adolph 
Schrieber,  James  McConnell,  Henry  Abraham,  Perry 
Nugent,  Geo.  W.  Cable,  Dr.  Doumeing,  John  T.  Gib- 
bons, T.  S.  Elder,  W.  G.  Raymond,  Thomas  G.  Rapier, 
J.  A.  Lafaye,  Joseph  M.  Rice,  John  McCaffrey  and  E. 

No  compen-T.  Sliepard. 
sation.        ^^      rpj^g  board  shall  serve  without  compensation  or  pay. 

Bequest  of  Jean   Marie. 

ord.  No,  2892     Art.  32.  Whereas,   The  city  of  New  Orleans  received 

?i,  ilss.  ^^""^^  among  its  assets  from  Municipality  No.  1  a  bequest  of 

Jean  Marie  to   the  orphans  of  thirty-six   hundred  and 

forty-five   71-100   dollars    ($3645.71),    with   an  annual 

interest  charge  of  eight  (8)  per  cent. ;  and 

Whereas,  The  same  has  been'  punctually  paid  up  to 
and  including  the  year  1880,  from  the  proceeds  of  the 
consolidated  tax ;  therefore 

Be  it  ordained,  That  the  Council  of  the  city  of  New 
Orleans  recognize  said  indebtedness  as  part  of  the  in- 
terest due  on  her  bonded  debt,  and  to  be  included  as  due 
and  unpaid,  and  to  come  under  the  provisions  of  settle- 
ment of  Act  No.  58  of  1882. 

Be  it  further  ordained,  That  the  St.  Mary's  Orphan 
Boys'  Asylum  is  recognized,  as  heretofore,  as  benefici- 
aries of  said  legatee,  and  that  the  citj^  of  New  Orleans 
acknowledges  herself  indebted  to  them  for  said  interest, 
the  same  to  be  paid  to  them  under  the  provisions  of 
said  Act  58  of  1882. 


ALMSHOUSES,    ASYLUMS,    ETC.  73 


FOR  THE  DEAF,  DUMB  AND  BLIND. 
ACTS  OF  THE  LEGISLATURE. 

Act  No.  49  of  1888. 

To  unite  the  Institute  for  the  Deaf  and  Dumb  and  the  Institute 
for  the  Blind  under  one  General  Superintendent,  to  be  iinown 
as  the  Institute  for  the  Deaf,  Dumb  and  Blind,  and  to  provide 
for  its  management  and  control. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  there  shall  be  an  institution  for  the  deaf,  dumb 
and  blind,  in  the  city  of  Baton  Rouge,  and  that  they  are  hereby 
united  under  one  general  management  and  control. 

Sec.  5.  Be  it  further  enacted,  etc..  That   the  board  shall  have     Duties  of  the 
general  superintendence  and  control  of  the  institution,  make  all  Board, 
laws   necessary  for  its  management,  and  adopt  such  rules  and 
regulations   as  may  be  required  for  the  proper  management  of 
the  institution  and  government  of  the  pupils. 

Sec.  6.  Be  it  further  enacted.  That  they  shall  receive,  instruct 
and  support  in  the  institution,  all  the  deaf,  dumb  and  blind  resi- 
dents of  this  State,  of  sound  mind,  and  proper  health  of  body 
between  the  ages  of  eight  and  twenty-flve,  shall  be  admitted  into 
said  institution  as  pupils  and  be  provided  with  instruction, 
board,  lodging,  medicine  and  medical  attendance  at  the  expense 
of  the  institution,  and  all  those  in  such  indigent  circumstances  as 
shall  appear  by  the  certiticate  of  any  member  of  the  poWce  jury 
of  the  parish,  or  the  Mayor  of  the  city  where  they  reside,  to  ren- 
der such  aid  necessary  shall  also  be  furnished  with  clothing  and 
taaveling  expenses  to  and  from  the  institution. 

Sec.  7.  Be  it  further  enacted.  That  all  persons  admitted  as 
pupils  into  said  institution  between  the  ages  of  eight  and  fourteen 
years  may  continue  in  the  institution  eight  years;  all  admitted 
between  the  ages  of  fourteen  and  seventeen  years  may  continue 
eight  years,  and  all  admitted  at  an  age  exceeding  seventeen 
years  may  continue  live  years;  provided,  the  board  may,  in  their 
discretion,  extend  the  limit  above  set  forth  two  years  in  each  case. 

TO  regulate  the  pay  and  admission   of   pupils  into  the 

INSTITUTIONS    FOK   THE   DEAF   AND   DUMB  AND 
THE   BLIND   OF    THIS    STATE. 

That  hereafter  all  the  pupils  in  the  Institution  for  the  Deaf  and     , 

Acts  of  1861 ; 
Dumb  and  the  Blind  of  this  State,  or  who  may   hereafter  be  ad-  no,  226,  p,  174. 

mitted,  except  those  in  indigent  circumstances  and  unable  to  pay,  of^i85s^No^294^, 

shall  be  required  to  pay  to  the  said  institution,  for  its  support  and  p.  356. 

.-■n  -./^.T,,  Acts  of    1858, 

maintenance,  at  the  rate   of  two   hundred   and   hfty  dollars  per  no.  131,  p.  sg. 
annum,   in   such  instalments   as  the   board  of  supervisors  may    p^26^  ^}  '^^''' 
direct.     That  a  certificate  of  the  Police    Jury    of   the   several 
parishes,  and  the  Mayor  of  the  city  of  New   Orleans,    of  the  fact, 
shall  be  sufficient   evidence  to   admit   indigent  pupils   into  said 
institution. 


74 


ALMSHOUSES,    ASYLUMS.    iriC. 


INSANE  ASYLUM. 


L  u  n  a  t  i  c  s , 
how  admitted 
to  State  Asylum 


Duty    of    the 
District  Judge. 


Dutv    of    the 
Sheriffs. 


C  o  m  p  e  tisa- 
tion  ta Sheriff:. 


Powers  of 
the  Board  to 
receive  1  u  n  a- 
tics  in  certain 
cases. 


Monthly 
amounts  to  be 
paid  by  the 
lunatics, 

Peisons  in  in- 
digent circum- 
stances  ex- 
cepted. 

Duties  of 
clerlis  of  dis- 
trict couris  rel- 
ative to  the  ad- 
mission  of 
lunatics  in  the 
Asylum. 


ACTS  OF  thj:  legislature. 

Sec.  9.  That  whenever  it  shall  be  made  known  to  the  judge  of 
the  district,  by  the  petition  and  oath  of  any  individual,  that  any 
lunatic  or  insane  person  within  his  district  ought  to  be  sent  to  or 
contined  in  the  insane  asylum  of  this  State,  it  shall  be  the  duty 
of  the  said  district  judge  to  issue  a  warrant  to  bring  before  him, 
in  chambers,  said  hmatic  or  insane  person;  and  after  proper 
inquiry  into  all  the  facts  and  circumstances  of  the  case,  if,  in  his 
opinion,  he  ought  to  be  sent  to  or  contined  in  said  insane  asylum, 
he  shall  make  out  his  warrant  to  the  sheriff  of  the  parish,  com- 
manding him  to  convey  the  lunatic  or  insane  person  to  the  insane 
asylum ;  for  which  duty  the  sheriff  shall  have  the  right  to  demand 
the  same  fees  as  are  now  allowed  by  law  for  the  conveyance  of 
convicts  to  the  Penitentiary  of  the  State,  which  shall  be  paid  out 
of  the  parish  treasury,  upon  the  order  of  the  district  judge,  and 
likewise  all  other  expenses  previously  incurred,  in  bringing  said 
insane  person  before  the  district  judge. 

Sec.  10.  That  the  Board  of  Administrators  shall  have  authority 
to  receive  insane  persons,  not  sent  to  the  asylum  by  a  district 
judge,  on  such  terms  and  conditions  as  they  may  deem  tit  to 
adopt;  and  money  so  received  shall  be  applied  to  the  support  of 
the  institution. 

Sec.  11.  That  all  persons  received  in  the  asylum  as  insane 
shall  be  charged  at  a  rate  not  less  than  ten  dollars  a  month,  un- 
less the  police  jury  of  the  parish  from  whence  the  insane  person 
came,  a  municipal  council,  if  from  a  city  or  town,  or  clerk  of  the 
court,  shall  certify  that  said  person  is  in  indigent  circumstances. 

Sec.  12.  Thai  whenever  application  is  made  to  the  clerk  for  a 
certificate  as  above  stated,  it  shall  be  his  duty  to  examine,  under 
oath,  such  witnesses  as  u)ay  be  brought  before  him.  and  to  give 
or  refuse  said  certificate,  as  the  case  may  in  justice  require;  and 
the  said  clerk  is  empowered,  whenever  he  shall  deem  the  same 
necessary,  to  summon  before  him,  as  in  ordinary  cases,  any  wit- 
nesses necessary ;  and  said  certificate  so  given  shall  entitle  the 
person  therein  named  to  admission  into  the  lunatic  asylum 
without  charge. 

Act  of  18o5.  p.  453. 

See  also  Act  of  1861.  p.  217.  Act  147  oif  1890. 

See  Indiorent  Dead  and  Insane. 


TRUST  FUNDS. 

(V3LIN  J.  Nicholson  Fund. 

Wliereas,    (.'olin   J.  Nicholson,  by  his   last  will  and 
testament,  which  was  duly  probated  in  the  Civil  District 


ALMSHOUSES,    ASYLUMS,    ETC.  75 

Court  for    the   parish  of  Orleans,  made  the  following 
charitable  bequest : 

"To  the  support  of  asylums  in  the  faith  of  the  Bequest. 
Protestant  religion,  especially  devoted  to  the  care  of 
aged  persons,  $5000.  This  or  these,  as  the  case  may 
be,  to  be  located  in  the  city  and  parish  of  Orleans,  and 
I  leave  to  my  executor  the  selection  of  said  institution 
or  institutions."  And  under  the  will  aforesaid,  Colin  J. 
Nicholson  constituted  John  T.  Hardie,  Esq.,  of  the  city 
of  New  Orleans,  his  executor,  and  instituted  him  as  resid- 
uary legatee. 

And  whereas.  Said  John  T.  Hardie  as  executor,  in  his 
final  account  to  the  court,  having  charge  of  the  said  suc- 
cession of  Colin  J.  Nicholson,  reported  that  there  was 
no  institution  in  the  city  of  New  Orleans  answering  the 
description  of  the  will,  and  that  by  the  failure  of  said 
legacy  to  take  effect  that  said  John  T.  Hardie,  as 
residuary  legatee,  was  the  beneficiary  thereof. 

And  whereas,  The  St.  Anna's  Asylum,  of  the  city  of 
New  Orleans,  an  institution  regarded  iu  this  community 
as  a  Protestant  institution,  and  ever  since  its  organiza- 
tion directed  and  controlled  by  those  professing  the 
Protestant  faith,  and  especially  devoted  to  the  care 
of  aged  persons,  made  opposition,  through  their  counsel, 
to  the  account  of  said  John  T.  Hardie,  executor,  and  to 
his  discharge  as  such,  the  said  institution  claiming  the 
legacy  provided  in  the  will  of  said  Colin  J.  Nicholson, 
and  which  said  claim  was  allowed  by  the  lower  court  and 
said  Hardie,  executor,  decreed  to  pay  the  same  to  said 
asylum,  in  furtherance  of  the  charitable  bequest  by  said 
testator  made. 

And  Whereas,  The  said  court,  in  pronouncing  the 
decree  on  the  opposition  in  said  cause,  further  decided, 
in  accordance  with  the  decision  ot  the  Supreme  Court  of 
Louisiana,  in  the  case  of  Fink  vs.  Fink,  12th  Annual, 
page  300,  that  if  the  St.  Anna's  Asylum  did  not  take 
and  have  the  benefit  of  the  legacy  provided  for  in  the 
will  aforesaid,  then  and  in  that  event  and  upon  the 
broad  and  generous  doctrine  of  charitable  bequests,  the 
becpiest  made  by  Colin  J.   Nicholson  would  not  fall  in 


76  ALMSHOUSES,    ASYLUMS,    ETC. 

the  residuum  of  the  estate  as  claimed  by  John  T.  Hardie, 
the  executor,  and  who  is  also,  under  the  terms  of  said 
will,  the  residuary  legatee  of  said  Colin  J.  Nicholson. 


And  whereas.  That  under  and  by  virtue  of  the  de- 
cree of  the  Supreme  Court  of  this  State,  the  said  asylum  • 
did  not  take  or  have  the  benefit  of  the  bequest,  and  that 
under  the  laws  of  the  State  of  Louisiana,  in  such  cases 
made  and  provided,  the  legacy  of  said  will  being  for  the 
benefit  of  the  poor  of  a  community,  the  city  of  New 
Orleans  is  charged  with  the  duty  to  accept  said  legacy 
and  administer  the  same,  ''and  in  the  administration 
thereof,  to  determine  who  are  aged  persons  of  the 
Protestant  faith,"  as  determined  by  the  Supreme  Court 
in  the  case  of  Fink  vs.  Fink,  in  the  12th  Annual,  page  318. 
And  whereas,  said  John  T.  Hardie,  as  executor,  has 
obtained  his  final  discharge,  and  been  by  order  of  court 
recognized  as  the  residuary  legatee  of  said  Colin  J. 
Nicholson,  the  residuum  of  which  estate  exceeds  the  sum 
of  $26,000. 

And    whereas,  said  John    T.    Hardie    is    personally 

responsible  to  the  city  of  New  Orleans  for  the  legacy 

aforesaid,  and  which  it  is   their  duty  to   recover  and 

administer  as  aforesaid ;  the  facts  herein  recited  having 

only  recently  come  to  the  knowledge  of  the  Mayor  and 

members  of  the  City  Council. 

ciiy  Attorney     That    the    City   Attorney   of    the   city   of   New   Or- 

'^"o^rd.  No.  4124  leans  be  and  he  is  hereby   directed  to   make   demand 

S89.'  ^'"''  '^"upon  John  T.  Hardie  for  the  delivery  of  the  legacy  of 

$5000,  with  interest  thereon  at   five  (5)  per  cent,  per 

annum  from  the  date  said  John  T.  Hardie  qualified  as 

executor,  and  upon  his  refusal  to  pay  the  same  that  he 

immediately  institute  suit  in  the  name  of  the  city  of  New 

Orleans  against  said  John  T.  Hardie  for  the  recovery  of 

the  legacy,  with  interest  thereon  as  aforesaid. 

Money  to  be     That  upou  the  recovery  of  said  sum  of  $5000,  with 

investe  .     j^^  interest  as  aforesaid,  there  shall   be  created  a  special 

fund  to  be  designated  as  the  "Colin  J.  Nicholson  Fund," 

and  the  money  thus  realized  shall  be  invested  in  city 

securities,  bearing  interest,  and  shall  be  registered  and 


ALMSHOUSES,    ASYLUMS,    ETC.  77 

the  interest  produced  therefrom  shall  be  applied  by  the 
Mayor  to  the  relief  of  ''  aged  persons  of  the  Protestant 
faith,"  as  in  his  judgment  is  proper.     And  that  at  no 
time  shall  the  draft  upon  said  fund  exceed  the  interest    interest  to  be 
thereof,  and  that  the  funds  so  invested  shall  and  are  aged    persons 
hereby  constituted  '*  a  trust  fund' ,  to  be  at  all  times  held  faiih. 
sacred,  for  the  purposes  herein  stated,  and  in  accord- 
ance with  the  will  of  the  late  Colin  J.  Nicholson. 


FINK   FUND. 

Under  the  will  of  the  late  John  D.  Fink. 

EXTRACT   FROM   THE   WILL. 

"It  is  my  wish  and  desire,  and  I  do  hereby  declare 
the  same  to  be  my  will,  that  after  the  payment  of  my 
just  debts  and  the  several  legacies  hereinabove  men- 
tioned, that  the 'proceeds  of  the  whole  of  my  estate, 
property  rights  and  credits  be  applied  to  the  erection, 
maintenance  and  support  of  a  suitable  asylum  in  this 
city,  to  be  used  solely  as  an  asylum  for  Protestant 
widows  and  orphans,  to  be  called  '  Fink  Asylum;'  and 
I  do  hereby  request  and  authorize  my  friend,  Bullerdeick, 
after  my  decease,  to  name  and  appoint  three  worthy  and 
responsible  persons  as  trustees,  to  carry  out  my  said  in- 
tentions respecting  the  aforesaid  asylum." 

Art.  33.  (1)    That    the     nine     persons     hereinafter    commission, 
named    and    residing  in  city  of    New  Orleans   be   and  ^\  g.  2796. 
they    are    hereby    appointed    commissioners     for     the    °'^'"  '^^^* 
erection,  maintenance  and  support  of  a  suitable  asylum 
in  the  city  of  New  Orleans  for  Protestant  widows  and 
orphans  in  said  city,  to  be  called  the  Fink  Asylum,  and 
to   fully   carry   out   and   execute   the  intentions  of  the 
aforesaid  John  D.  Fink,  as  expressed  in  his  last  will  and 
testament,  and  the  commissioners  shall  be  called  by  the 
name  and  title  of  Commissioners  of  the  Fink  Asylum,  a 
majority  of  whom  shall  constitute  a  quorum  for  the  de- 
cision of  all  matters.  And  the  said  nine  persons  shall  be 
as   follows,  namely:  1,  William   C.    Black,    a   member 
representing  the   First   Presbyterian  Church  and   con- 


78  ALMSHOUSES,    ASYLUMS,    ETC. 

gregation  in  the  city  of  New  Orleans;  2,  Moses  Green- 
wood, a  member  of  and  representing  herein  the  Presby- 
terian  Church   and   congregation,    called   the  Prytania 
Street  Church,  corner  Josephine  and  Prytania  streets  ;  3, 
John  H.  Keller,  a  member  of  and   representing  herein 
the   German   Methodist  Church,  Dryades   street;  4,  R. 
M.  Walmsley,  a  member  of  and  representing  herein  the 
Carondelet  Street  Methodist  Church  and   congregation, 
called  the   McGehee  Church;  5,    Richard  H.  Browne,  a 
member  of  and  representing  herein  the  Coliseum  Baptist 
Church  and  congregation  ;  6,  Charles  W.  Wood,  a  mem- 
ber of  and  representing  herein  the  First  Baptist  Church 
and  congregation  in  this  city ;  7,  Henry  V.  Ogden,  a  mem- 
ber of  and  representing  herein  the  Protestant  Episcopal 
Church   and   congregation,  called   the  Trinity  Church ; 
8,    William  G.  Coyle,    a   member   of  and   representing 
herein   the   Protestant    Episcopal    Church,    called    St. 
Paul's  Church;  9,  George  Stromeyer,  a  member  of  and 
representing   herein  the  Evangelical   Church,  Chippewa 
street,  which   said   persons  shall   serve  as  said  commis- 
sioners  until   the    first  Monday  in  May,  1875,  and  until 
their  successors  shall  be  appointed. 
Appointment     ^^T.  34.  (2)  That  the  vestries,  trustees  or  other  proper 
of  successors,  representatives,  each  of  the  aforesaid  churches  and  con- 
gregations, shall  annually  appoint  the  commissioners  of 
said  Fink  Asylum  according  to  the  number  above  stated, 
which   said  commissioners  shall  serve  and  act  as  such 
during  one  year,  from  the  first  Monday   of   May,  1875, 
and  for  each  and  every  year  thereafter,  and  until  their 
successors  be  appointed ;  and  any  vacancy  occurring  by 
the  death  or  resignation  of  any  commissioner,  or  other- 
wise, during  the  year  of  his  appointment,  shall  be  filled 
by  the  trustees,  or  other  proper  representatives  of  the 
church  and  congregation  which  appointed  him. 

Organization  '^^'^-  ^^-  (^)  '^^^*'  ^^^  ®^^^  commissiouers  shall,  as  soon 
of  Board.  lb.  ^s  possiblc,  procccd  to  elect  among  their  own  number  a 
president,  and  such  person  as  secretary  of  the  board  as 
they  may  deem  proper,  each  of  whom  shall  be  entitled 
to  such  compensation  for  their  services  as  said  commis- 
sioners may  decide ;  provided,  that  the  same  shall  not  ex. 


ALMSHOUSES,    ASYLUMS,    ETC.  79 

ceed  the  sum  of  $500  per  annum  for  each,  and  to  be  paid 
out  of  the  Pink  Fund,  which  president  shall  be  annually 
elected ;  and  in  case  of  vacancy  the  office  shall  be  filled 
by  said  commissioners  from  their  own  number.  The 
secretary  shall  hold  his  office  during  the  pleasure  of  a 
majority  of  the  commissioners,  and  perform  such  duties 
as  they  may  direct.  The  said  commissioners  shall  pro- 
ceed to  execute  the  duties  and  trusts  delegated  to  them 
by  this  ordinance,  and  make  such  by-laws,  rules  and  reg- 
ulations as  they  may  think  proper  for  their  own  govern- 
ment and  for  the  administration  of  the  affairs  and  busi- 
ness of  the  said  asylum,  and  also  for  the  employment, 
occupation  and  instruction  of  the  inmates  in  said  asylum. 

Art.  36.  (4)  That  all  the  property,  money,  bonds,  custodian  of 
insurance  sciip  and  evidences  of  debt  of  every  kind  and 
description  arising  from  the  sale  of  the  property  of  the 
said  JohnD.  Fink,  now  in  possession  or  under  control  of 
this  Council  for  the  purpose  of  erecting  said  asylum, 
shall  remain  in  the  hands  of  the  Administrator  of  Fi- 
nance, and  no  money  or  property  of  any  kind  belonging 
to  the  said  Fink  Fund  shall  come  into  the  possession  of 
the  said  commissioners  except  as  hereinafter  stated. 

Art.  37.   (5)  That  the  said  Administrator  of  Finance 

•       •  T  Administra- 

shall  be  the  treasurer  of  said  commissioners,  and  as  such  tor  ot  Finance 
shall  keep  a  separate  and  distinct  account  in  his  books  the  Board,  ib. 
with  the  said  Fink  Asylum  Fund  of  all  moneys,  promis- 
sory notes,  bonds,  insurance  scrip  and  all  other  obliga- 
tions and  evidences  of  debt  belonging  to  the  said  Fink 
Fund,  and  shall  deposit  in  one  or  two  banks  of  this  city 
all  moneys  belonging  to  said  Fink  Fund  in  his  name  as 
said  treasurer,  and  shall  pay  all  orders  from  said  com- 
missioners which  are  by  a  resolution  of   said   comrnis- 

jSioners   signed   by  the   president  and  secretary  of  said 

[commissioners,  provided  that  said  orders  shall  not  in 

[any  one  time  exceed  one  thousand  dollars. 

Art.  38.  (6)  That  the  said  Commissioners  shall  have 

|the  power  to  hire  any  building  in  the  city  for  the  use  of  ing.  ib. 

Fgaid  Fink  Asylum,  provided  the  rent  of  the  same  does 
not  exceed  $1000  a  year,  but  such  hire  or  rent  shall  not 
exceed  the  term  of  one  year ;  and  they  shall  have  power 


or    TMK 

UNIVERSITY 


80  ALMSHOUSES,   ASYLUMS,    ETC. 

to  purchase  at  such  price  and  on  sach  terms  as  they  may 
think  proper,  for  the  use  of  said  asylum,  such  furniture, 
provisions  and  other  articles  as  may  be  required  for  the 
establishment,  and  shall  employ  such  persons  as  they 
may  deem  necessary. 
Purchase  of     Art.  39.  (7)    The    purchases  of  real    estate  for  the 

real  estate.  lb.  establishment  of  said  Fink  Asylum  shall  be  made  only 
by  this  Council,  and  the  title  of  the  same  shall  be  in 
the  name  of  the  city  of  New  Orleans,  and  be  held  by 
said  Council  and  appropriated  for  the  benefit  of  said 
Fink  Asylum,  and  all  contracts  for  the  erection  of  build- 
ings for  said  Fink  Asylum  shall  be  made  by  the  Council 
of  the  said  city. 
Quarterly  re-     Art.  40.    (8)  That    the    Said    commissioners,    every 

ports,  lb.  three  months,  shall  make  to  the  City  Council  a  report 
of  all  their  proceedings,  showing  the  amount  of  money 
received  and  expended,  and  for  what  purpose;  what 
property  they  have  leased ;  the  number  of  inmates  and 
their  sexes  and  ages ;  what  persons  are  employed  and  at 
what  price,  and  such  other  matters  as  may  be  requisite 
for  the  full  information  of  the  Council. 

Art.  41.    (9)  That    the   ordinance   approved   5th   of 

Repealing  ^     ^  '^ '^ 

clause.  April,  1861,  No.  5552,  entitled  an  ordinance  providing 
for  the  management  and  administration  of  the  fund, 
and  all  other  ordinances,  resolutions  and  regulations 
relative  to  the  establishment  of  the  Fink  Asylum  be 
and  the  same  are  hereby  repealed. 

See  Ordinance  3153,  A.  IS.,  June,  1875,  authorizing  purchase  of 
property  for  the  Fink  Asylum.  Ordinance  4989,  C.  S.,  and 
Ordinance  5398,  C.  S.,  making  additions  to  said  asylum. 


FISK  FUND. 

Mechanics'  Art.  42.  Whcrcas,  the  New  Orleans  Mechanics' 
edofi^brary.^*  Society    has    failed   and   refused   to   comply   with   the 

^Nof'  Im.'  demand  made  by  the  city  for  the  return  of  and  restora- 
tion to  her  of  the  Fisk  Free  Library  and  property 
dedicated  thereto ;  and  whereas,  said  New  Orleans 
Mechanics'  Society  has  wholly  failed  to  comply  with 
the  provisions  of  Ordinance  No.  802,  approved  April  13, 


ALMSHOUSES,    ASVI.U.MS.    KTC.  81 

1853,  and  the  terms  of  the  eontract  made  in  accordance 
therewith. 

Art.  43.  (1)  That  said  Ordinance  No,  802,  approved 
on  said  13th  of  April,  1853,  be  and  the  same  is  hereby 
repealed. 

Art.  44.  (2)  That  the  City  Attorney  be  and  he  is  hereby  Library  trans 
instructed  to  institute  at  once  the  necessary  legal  pro-  university  ^of 
ceedings  for  the  return  and  restoration  to  the  city  of  the    a." 8.^753".^' 
said  Fisk  Free  Library  and  property  belonging:  and  ap-     ^''"''  '^^' 
pertaining  thereto,  to  be  used  and  administered  in  ac- 
cordance with  terms  of  bequest  under  which  the  same 
were  acquired. 

Art.  45.  Whereas,  the  New  Orleans  Mechanics'  Soci- 
ety are  unable  to  carry  out  the  terms  and  conditions  on 
which  the  Fisk  Free  Library,  its  property  and  funds, 
were  transferred  to  them,  under  and  by  virtue  of  Reso- 
lution No.  802  of  the  Common  Council  of  the  city  of 
New  Orleans,  approved  April  13,  1853 ;  and 

Art.  46.  Whereas,  the  said  New  Orleans  Mechanics' 
Society  have  petitioned  for  the  transfer  of  the  library, 
its  property  and  funds  to  the  administrators  of  the  Uni- 
versity of  Louisiana ;  and 

Art.  47.  Whereas,  the  heirs  of  Abijah  Fisk,  the 
donor  of  the  property  of  the  library  itself,  have  also  pe- 
titioned to  the  same  effect ;  and 

Art.  48.  Whereas,  the  proposed  transfer  to  the  ad- 
ministrators of  the  University  will  enure  to  the  encour- 
agement of  learning  and  diffusion  of  knowledge,  and 
thereby  secure  the  benevolent  designs  of  the  donor ; 

Art.  49.  (1)  That  in  consideration  of  the  said  adminis-    Rents  and 
trators,  present  owners  of  the  building  known  as  the 
[echanics'    Institute,    having    actually   accommodated, 
Ifree  of  charge,  in  the  said  building  the  said  library,  and 
)rotected  the  same  from  loss  or  damage  pf  any  kind, 
md  in  the  interests  of  learning  kept  the  same  constantly 
)pen  to  the  reading  public ;  and  in  further  consideration 
)f  the  said  administrators  having  assumed  to  the  satis- 
faction of  the  city  to  carry  out  all  the  trusts  and  duties 
imposed  on  the  city  of  New  Orleans  by  the  original  do- 
nation of  Abijah  and  Alvarez  Fisk,  the  said  Fisk  Free 


revenues. 


ights. 


82  ALMSHOUSES,    ASYLUMS,    ETC. 

Library,  with  all  the  property,  funds  and  effects  apper- 
taining thereto,  together  with  the  lot  and  building  cor- 
ner Bourbon  and  Customhouse  streets,  left  by  Abijah 
Fisk,  be  and  the  same  are  hereby  transferred  to  the  ad- 
ministrators of  .the  University  of  Louisiana  in  New  Or- 
leans, 
be'^^rendered  ^RT.  50.  (2)  That  in  ordcr  to  carry  out  the  purposes 
•^'^y-  jjj  of  this  ordinance  it   shall  be  the  duty  of  the  said  Ad- 

ministrators to  apply  all  the  rents  and  revenues  received 
by  them  from  the  property  of  the  Fisk  Free  Library  to 
the  maintenance  and  improvement  of  the  same,  and  it  is 
likewise  made  their  duty  to  render  an  annual  account  ta 
the  city  of  all  the  receipts  and  expenditures  for  account 
of  the  said  library. 
'°"  Art.  51.  (3)  That  the  city  of  New  Orleans  by  this 
^^-  transfer  in  nowise  divests  itself  of  its  rights  in  and  to 
the  said  Fisk  Free  Public  Library,  or  the  real  estate  be- 
longing to  the  said  library  bequest,  simply  transferring 
the  same  to  the  Administrators  of  the  University  of 
Louisiana  in  trust  during  the  pleasure  of  the  City  Coun- 
cil of  New  Orleans, 

Notarial  act  ^^'^  '^"-  C"^)  That  the  Mayor  is  hereby  authorized  to 
^''•execute  a  contract  by  notarial  act  with  the  Administra- 
tors of  the  University  of  Louisiana  and  the  heirs  of 
Abijah  and  Alvarez  Fisk,  in  order  to  give  further  effect 
to  this  ordinance,  and  that  all  ordinances  in  conflict  with 
the  provisions  of  this  ordinance  be  and  the  same  are 
hereby  repealed. 

l^ICHOLAS    GIROD. 

Art.  53.  Whereas,  Nicholas  Girod,  who  died  September 
1, 1840,  by  his  will,  dated  December,  1837,  did  bequeath 
the  sum  of  one  hundred  thousand  dollars  to  the  Mayor 
of  the  city  of  New  Orleans,  as  custodian,  for  the  pur- 
pose of  establishing  an  institution  for  the  support  and 
education  of  orphans  of  French  parent  or  parents,  but 
the  sum  of  one  hundred  thousand  dollars  bequeathed 
by  the  said  Nicholas  (iirod  in  bonds,  realized  after  a 
great  deal  of  litigation,  but  the  sum  of  twenty-eight 
thousand   dollars,    which,  by  judicious   investment  by 


to  adveritse. 


ALMSHOUSES,    ASYLUMS,    ETC.  83 

various  Mayors  of  the  city  of  New  Orleans,  was  in- 
creased to  the  sum  of  $67,034.35  up  to  the  12th  of  June, 
1860,  which  again,  up  to  January  1,  1865,  was  increased 
to  the  sum  of  $81,801.70.  The  papers  connected  with 
this  fund  were  destroyed  by  fire  in  1867,  and  by  the  ac- 
counts rendered  on  the  1st  of  April,  1870,  showed  the 
amount  of  $75,703.43  to  the  credit  of  the  said  Girod 
fund,  from  which  sum  a  large  amount  was  taken  in 
order  to  erect  the  buildings  now  situated  at  the  rear  of 
Metairie  ridge,  leaving  at  the  present  time  about 
$639.55  to  the  credit  of  said  fund;  and  whereas, 
the  buildings  and  grounds  designated  for  benevolent 
purposes  have  not  been  utilized  for  a  number 
of  years  through  the  want  of  necessary  funds ;  and 
whereas,  The  financial  condition  of  the  city  is  such 
that  there  is  no  prospect  for  some  time  to  come  of  ac- 
complishing the  desire  of  the  testator ; 

Art.  54.  Be  it  resolved.  That  the  Comptroller  be  and  comptroller 
he  is  hereby  authorized  to  ^advertise  for  five  days  the " 
lease  of  said  buildings  and  grounds  for  a  period  of 
ninety-nine  years  to  the  highest  bidder,  the  rental  thereof 
to  be  paid  yearly,  the  Council  reserving  to  itself  the 
right  to  accept  or  reject  any  or  all  bids,  and  that  the 
lessee  be  made  subject  to  the  following  terms  and  con- 
ditions, to-wit  :^ 

Art.  55.  The  lessee  to  bind  and  obligate  himself,  his 
heirs  or  assigns,  by  notarial  act  (provided  that  the  said 
lessee  shall  not  be  permitted  to  assign  the  said  lease 
without  the  special  permission  of  the  Council  of  the  city 
of  New  Orleans),  to  put  the  buildings  and  other  appur- 
tenances in  thorough  repair,  in  order  to  render  the  same 
in  proper  condition  for  the  purpose  hereinafter 
expressed. 

Art.  56.  The  said  lessee  binds  and  obligates  himself  to 
establish  an  orphan  asylum  in  which  indigent  orphans^ 
both  male  and  female,  of  French  parentage,  shall  be 
supported  and  educated  free  of  charge. 

Art.  57.  The  said  lessee  to  bind  and  obligate  himself 
to  have  the  said  premises  ready  to  receive  indigent 
orphans  of  French   parentage   in    said   asylum   twelve 


84  ALMSHOUSES,    ASYLUMS,    ETC. 

months  after  the  signing  of  the  contract  herein  stipn- 
lated,  and  to  receive  into  said  asylum  and  to  succor, 
support  and  educate,  free  of  charge,  no  less  than  five  in- 
digent children  during  the  first  five  years  of  its  estab- 
lishment; and  thereafter,  for  the  following  five  years,  to 
receive,  succor,  support  and  educate  not  less  than  ten 
indigent  children  aforesaid,  free  of  charge;  and  there- 
after, for  the  next  five  years,  to  receive,  succor,  support 
and  educate  fifteen  indigent  children  aforesaid,  free  of 
charge;  and  thereafter,  for  the  next  five  years,  to  receive, 
succor,  support  and  educate  twenty  children  aforesaid, 
free  of  charge;  and  thereafter,  for  the  next  five  years, 
to  receive,  succor,  support  and  educate  not  less  than 
twenty-five  indigent  children  aforesaid,  free  of  charge, 
and  thereafter  the  said  lessee  binds  and  obligates  him- 
self, his  heirs  or  assigns  to  succor,  support  and  educate 
no  less  than  twenty-five  indigent  children  aforesaid,  free 
of  charge,  until  the  expiration  of  said  lease ;  provided, 
that  there  be  a  sufficient  number  of  indigent  children,  for 
the  period  herein  mentioned,  seeking  admittance  into 
said  asylum;  provided,  nothing  herein  to  be  construed 
as  preventing  the  said  lessee  from  receiving  donations 
pro  rata  distribution  of  any  funds  given  for  charitable 
purposes  to  be  applied  for  the  said  orphans. 

Art.  58.  The   said   lessee  to  bind  and  obligate  him- 
self, his  heirs  or  assigns,  to  succor,  support  and  educate, 
as  aforesaid,  the  said  asylum  in  a  proper  and  satisfactory 
manner ;. to  allow  at  all  times  the  free   inspection  of  the 
buildings,  of  the  inmates  and  of  all  the  books  and  affairs 
of  said  institution  by  any  officer  or  committee,  or  person 
or  persons,    authorized   for  that  purpose  by  the   City 
Council  of  the  city  of  New  Orleans ;  that  the  failure  on 
the  part  of  the  lessee,  or  his  heirs  or  assigns,  to  carry 
out   any   one   of   the   conditions  herein   imposed    shall 
be  sufficient  cause  for  the  anuUment  of  said  contract. 
Ordinance  No.  10,630,  C.  S.,  repeals  Ordinance  9218,  C.  S., 
accepting  bid  of  Societe    de   L'Orpelinat   Francais  A. 
Girod, 


almshouses,  asylums,  etc.  85 

m'donogh  fund. 

Powers  of 

Art.  59.  (1)  That  the  Commissioners  appointed  by  commission- 
the  city  of  New  Orleans  to  take  possession  of  and  o.s.  2^134. 
administer  the  property  composing  the  snccession  of  the 
late  JohnMcDonogh,  in  conjunction  with  the  agents  of  the 
city  of  Baltimore,  be  and  they  are  hereby  invested  with 
all  such  powers  as  are  necessary  to  the  due  and  proper 
management  and  administration  of  the  said  property,  as 
the  same  are  more  particularly  detailed  and  set  forth  in 
that  clause  of  the  last  will  and  testament  of  the  said  John 
McDonogh,  in  which  he  provides  for  the  mode  of 
appointment  and  administration  of  the  said  Commis- 
sioners. 

Art.  60.  (2)  That  all  suits,  actions  or  other  proceed-  ^"''^-  j^, 
ings  which  shall  or  may  be  instituted  by  or  against 
the  city  of  New  Orleans,  touching  or  growing  out  of  the 
title  and  interest  of  the  said  city  of  New  Orleans  in  the 
property,  or  of  any  pai-t  or  portion  thereof,  bequeathed 
to  the  said  city  by  the  said  John  McDonogh,  shall  be 
conducted  and  prosecuted  by  the  said  Commissioners  in 
the  name  and  in  the  behalf  of  the  said  city  of  New  Or- 
leans ;  and  to  that  end  the  said  Commissioners  shall  have 
the  right  to  sue  for  and  demand  from  the  ])roper 
tribunals,  both  of  original  and  appellate  jurisdiction,  in 
the  name  of  the  said  city  of  New  Orleans,  all  such  suits, 
orders  or  other  process,  as  they  may  deem  necessary  to 
the  due  protection  of  the  said  city  in  the  said  property, 
and  for  that  purpose  to  employ  an  attorney  or  attorneys 
at  law  to  appear  in  the  prosecution  and  in  the  defence  of 
said  suits,  and  from  all  judgments  and  decrees  rendered 
in  the  premises,  whether  interlocutory  or  final,  to 
take  all  such  writs  of  error  or  appeals,  suspen- 
sive or  devolutive,  as  may  be  allowed  by  law,  and  in  the 
name  and  in  behalf  of  the  said  city  of  New  Orleans,  to 
execute  and  deliver  all  such  judicial  bonds  and  obliga- 
tions as  may  be  required  by  the  proper  prosecution  or 
defence  of  said  actions. 

C  o  m  p  e  nsa- 

Art.  61.  (3)  A  salary  at  the  rate  of  fifteen  hundred  tion  of   com- 
dollars  per  annum  shall  be  paid  to  each  of  the  said  Com-  '  ib. 


O  S.395S 
Mav,  i>58. 
O.  S   SC08 


86  ALMSHOUSES,    ASYLUMS,    ETC. 

tnissioners,  dating  from  the  time  of  his  appointment,  and 
the  same  to  be  paid  out  of  the  proceeds  of  said  estate. 
H  o  a  r  .1    of     Art.  62 .  ( 1 )  That  the  Finance  Committees  of  the  two 

Commission-  ^     ' 

Boards  of  Common  Council  be  and  are  hereby  con- 
stituted a  Board  of  Commissioners  of  the  McDonogh 
March";  i860.  School  Fund,  and  as  such  they  are  hereby  invested  with 
all  such  powers  as  are  necessary  to  the  due  and  proper 
management  and  administration  of  the  property,  and 
the  proceeds  of  the  property  acquired  from  the  estate  of 
the  late  John  McDonogh,  by  the  partition  made  in  May, 
1857,  under  and  by  virtue  of  a  decree  of  the  Fifth  Dis- 
trict Court  in  the  suit  of  the  City  of  New  Orleans  vs.  the 
City  of  Baltimore  et  als. 

Art.  63.  Whereas,  the  change  in  the  city  government 
has   vacated   the   office   of   Commissioners   of  the   Mc- 
Donogh School  Fund  and   the  Fink  Asylum  Fund  by 
abolishing  the  Finance  Committees,  whose  members  con- 
stituted the  Board  of  Commissioners  aforesaid. 
chanKe    of     Art.  64.  (1)  That  the  Mayor,    the   Administrator  of 
°".'s.  82.      Public  Accounts  and  Administrator  of  Finance  are  here- 
*^''  '°'     by  constituted  Commissioners  of   the  aforesaid  funds, 
and  are  invested  with  all  the  powers  and  duties  hereto- 
fore belonging  to   the   Finance   Committees    aforesaid, 
as  defined  by  existing  ordinances. 
<^hairn>an.     Art.  65.  (2)  That  the  Board  of  Commissioners  afore- 
.March.  isii).   said   shall   elect   one   of  their  number  to  be  chairman 
of  the   board,    who   shall    sign  all  warrants  upon   the 
Treasurer,  and  certify  to  all  matters  requiring  signature. 

Art.  66.  (3)  That  the  duties  of  the  clerk  or  secretary, 
appomted  under  the  provisions  of  section  3  of  Ordin- 
ance No.  3958,  O.  S.,  shall  be  to  keep  such  books  under 
the  advice  and  direction  of  the  Board  of  Commissioners 
as  they  may  deem  necessary ;  enter  therein  all  amounts 
received  or  paid  out ;  collect  all  revenues ;  sign  and 
attest,  after  entering  them,  all  checks  drawn  by  the 
authority  of  the  board  and  signed  by  the  chairman,  and 
to  report  or  pay  over  to  the  City  Treasurer,  daily,  all 
amounts  collected  or  received  by  him ;  he  shall  also, 
under  the  direction  of  the  board,    conduct    all    corre- 


Ib, 


lb. 


ALMSHOUSES,  ASYLUMS,  ETC.  S  t 

T^pondence,  and  generally  take  cognizance  of  all  matters 
in  which  the  interest  of  the  fund  may  require  attention, 
and  report  twice  in  each  year  to  the  board  the  condition 
of  the  fund  as  shown  by  the  books. 

Art.  67.  (4)  The  City  Treasurer  shall  act  as  treasurer  Treasurer, 
of  this  fund,  and  all  moneys  belonging  to  said  fund, 
and  paid  over  to  him,  shall  be  specially  kept  apart  and 
separate  from  any  funds  belonging  to  the  city  of  New 
Orleans,  and  shall  be  entered  in  a  book  or  books  kept 
specially  therefor;  all  amounts  paid  out  of  said  fund  by 
him  shall  also  be  entered  in  his  book  or  books  so  kept 
by  him,  and  it  shall  also  be  his  duty  to  make  a  detailed 
report  of  the  condition  of  said  fund  monthly  to  the 
Board  of  Commissioners,  which  report  shall  be  exam- 
ined by  and  checked  with  the  books  of  the  secretary. 

Art.  68.  (5)  That  the  Comptroller  of  the  city  of  New    comptroller 

^'  '  ^  toclose   ac- 

Orleans  be  requested  to  close  the  account  of  the  Mc-  count. 
Douogh  School  Fund,  as  it  now  exists  upon  the  books  of 
his  department;  to  make  a  detailed  statement  of  the 
receipts  and  expenditures  of  the  fund  to  the  date  of  clos- 
ing the  account,  and  transmit  the  same  to  the  Board  of 
Commissioners;  and,  further,  that  the  said  Comptroller 
warrant  on  the  Treasurer  in  favor  of  the  chairman  of  the 
Board  of  Commissioners  of  the  McDonogh  School  Fund, 
for  whatever  amount  there  may  be  remaining  in  the  city 
treasury  to  the  Commissioners  of  the  McDonogh  School 
Fund,  the  same  to  be  deposited  with  the  treasurer  of  the 
said  McDonogh  School  Fund,  subject,  with  such  other 
funds  as  may  be  deposited  with  him,  to  draft  by  the 
Board  of  Commissioners,  who  are,  by  the  first  section  of 
this  ordinance,  to  manage  and  to  administer  the  affairs 
of  the  McDonogh  School  Fund. 

Art.  69.  (1)  That  the  purchase  be  made  for  account  of    Purchase    of 

^     ■'  ^  ground. 

the  McDonogh  School  Fund  of  that  portion  of  ground,  a.  s.  6425. 
with  building,  etc.,  situated  in  the  Fourth  District  of  this 
city,  in  the  square  bounded  by  Ninth,  Harmony,  Con- 
stance and  Magazine  streets,  having  about  fifty  feet  one 
inch  and  four  lines  front  on  Ninth  street,  and  extending 
through  to  Harmony  street,  and  lying  between  Mc- 
Donogh Schoolhouse  and  Ninth  Street  Market,  for  the 


ert 


ALMSHOUSES,  ASYLUMS,  ETC. 

price  and  siiui  of  fifteen  hundred  and  fifty  dollars,  pay- 
able one-third  cash  and  balance  at  one  and  two  years' 
credit,  with  8  per  cent,  interest,  and  payment  to  be 
secured  by  mortgage  and  vendor's  privilege  on  the  prop- 
erty, with  all  usual  stipulations. 

Art.  70.  (2)  That  the  Mayor  be  and  is  hereby  author- 
ized to  sign  and  execute  in  behalf  of  the  city  the  requisite 
notes  to  evidence  the  credit  portion  of  said  price,  and, 
also,  any  and  all  acts  of  sale  or  other  instruments  of 
writing  requisite  to  consummate  said  purchase  in  accord- 
ance with  above  terms. 
Sale  of  prop-  Art.  71.  (!)•  That  the  Mayor  and  Administrator  of 
A."  s.  1434,  Finance  be  authorized  to  enter  into  negotiations  and  re- 
^"  ' '  '^'  ceive  propositions,  subject  to  approval  by  the  Coun- 
cil, for  the  sale  of  any  property  of  the  city  of  New  Or- 
leans derived  from  the  succession  of  McDonogh,  and  ly- 
ing in  the  parish  of  Plaquemines,  and  should  they  find 
such  sale  unauthorized  or  inexpedient,  to  report  to  the 
Council  what  action  should  be  had  for  the  proper  ad- 
ministration of  said  property. 

SICKLES  LEGACY. 

Control  of        Art.  72.     (1)    That  the  money  acquired  by  the.  city 
"a.^s.  1325.    by  the  bequest  of  the  late  S.   V.   Sickles  for  the  estab- 
*"■ '  ^^'     lishment  of  a  free  dispensary  be  placed  in  the  charge  of 
the  Administrator  of  Finance,  subject  to  the  control  of 
the  Council. 
Separate     Art.    73..     (2)     That  all  moneys  belonging   to  this 
lb.  charity  shall  be  specially  kept  apart  and  separate  from 
any  funds  belonging  to  the  city  of  New  Orleans,  and  shall 
be  entered  in  a  book  kept  specially  for  that  purpose. 
Investment.       Art.  74.  (3)    That  all  moneys  paid  into  this  charity 
'  shall  be  invested  in  city  securities,  the  interest  on  which 
shall  be  collected  and  applied  to  the  purpose  of  supply- 
ing the  indigent  sick  with  medicine. 
Report.    ^^      Art.  75.  (4)    That  the  custodian  of  this  charity  shall 
immediately  report  to  the  Council  all  investments  made 
s  e  1 1 1  e  m  ent  Under  authority  of  this  ordinance . 
°^aI^s".839.        Art.  76.  (1)    That   the  Administrator  of   Public  Ac- 
Nov.  1872.     (,Q^Q^g  \yQ  g^jj^^j  jg  hereby  authorized  and  directed  to  settle 


AMUSEMENTS,  ENTERTAINMENTS,  ETC.  89 

the  claim  of  the  Sickles  bequest  to  the  city  of  New  Or- 
leans for  the  establishment  of  a  free  dispensary,  amount- 
ing, with  interest  to  December  4,  1871,  to  $25,603.78, 
by  the  delivery  to  that  charity  of  $5050  seven  per  cent, 
bonds,  letter  N,  remaining  in  the  hands  of  the  Ad-' 
ministrator  of  Finance,  at  par,  by  the  payment  of  A. 
Shelly's  bills,  amount  $949.90,  under  Ordinance  No. 
1329,  and,  for  the  balance,  a  seven-thirty  certificate 
under  Ordinance  No.  882. 

Art.  77.   (1)    That  the  Administrator  of  Public  Ac-    Gold   bonds 
counts  be  and  is  hereby  authorized  and  directed  to  issue     May',  isyi!" 
to  the  custodian  of  the  Sickles  Fund  a  warrant  for  con- 
solidated gold  bonds  at  par  for  $20,124.55,  being  the 
amount  due  by  the  city  to  said  fund  on  the  1st  of  May, 
1873. 

Art.  78.  (1)    That  further   expenses   and  disburse-    ,    su^^pension 

ot    d  is  b  u  rs  e- 

ments  on  account  of  the  Sickles  Fund  be  stopped  forthcnents. 

^  ^  A.   S.  4^9. 

present,  and  that  the  now  dispenser  be  so  notified  at  Oct.  1877. 
once.  Also,  that  the  Mayor  be  authorized  to  select  a 
committee  of  three  physicians,  residents  of  this  city, 
who  shall  be  requested  to  furnish  this  Council  with  their 
views  and  suggestions  as  to  the  best  plan  for  carrying 
out  the  object  of  the  bequest. 

For  report,  see  minutes  of  Council  June  25,  1878. 


AMBULANCES. 

For  Right  of  Way — See  Streets. 


AMUSEMENTS,  ENTERTAINMENTS  AND  PUBLIC 

EXHIBITIONS. 

See  Charter — Offences. 

Art.  79.  That  immediately  after  the  passage  of  this 
resolution  it  shall  be  unlawful  to  establish  or  set  aside  councTi! 
any  place  for  public  entertainments  without  the  consent  c.  s"^. '    "'  ''^^'^ 
of  the  City  Council.  ^"^- '''  "^'■ 

Art.  80.  That  whoever  shall  violate  the  provisions  of    Penalty, 
this  ordinance  shall  be  subject  to  a  fine  of  not  more  than 


Consent     o  f 


90  AMUSEMENTS,  ENTERTAINMENTS,  ETC. 

$25.00,  or  in  default  of  payment  of  said  fine,  to  be  im- 
prisoned for  a  period  of  time  not  to  exceed  thirty  days, 
or  both,  at  the  discretion  of  the  Recorder  having  juris- 
diction. 

Tax.  '      Art.  81.  No   person   shall    exhibit   or   cause    to    be 

Ord.  Np.  3 131  "^ 

o.^s.  D  e  c.  exhibited  any  dramatic  composition,  ballet,  pantomime 
or  other  performance  of  that  kind  in  any  theatre  of  the 
iiity  where  all  persons  are  admitted  for  their  money,  nor 
shall  any  person  entertain  the  public  with  any  display  of 
fireworks,  without  having  obtained  from  the  Mayor  per- 
mission for  that  purpose,  and  paid  the  tax  thereon, 
under  a  penalty  of  a  fine  of  twenty-five  dollars  for  every 
such  offence ;  and  the  said  permission  shall  express  the 
object  and  the  length  of  time  for  which  it  was  granted. 


acts. 


Disorderly     Art.  82.  All  pcrsous  attending  any  public  spectacle 
lb.  are  forbidden  to  commit,  either  at  the  doors  or  in  the 
theatre,  lobbies,  galleries  or  corridors,  any  disorderly 
acts,  to  behave  riotously,  to  make  any  noise,  to  use  vio- 
lence, insult,  indecence,  or  to  offer  any  kind  of  aggres- 
sion, to  have  their  hats  on  while  the  curtain  is  raised,  or 
to  smoke  in  the  theatre,  the  galleries,  lobbies  or  corri- 
dors.    And  every  person  who,  on  being  thereto  required 
by  any  police  officer  on  duty  at  the  public  spectacle,  shall 
neglect  or  refuse  to  observe  what  is  prescribed,  in  this 
section  shall  be  arrested  and  fined  not  less  than  five  nor 
more  than  twenty-five  dollars. 
Vehicles    at     Art.  83.  The  public  officers  shall  give  the  necessary 
amusement      orders  that  the  carriages  of  persons  going  to  public  ex- 
hibitions  be  arranged   in  a   convenient  manner  in  the 
places  they  shall  appoint,  so  as  not  to  intercept  the  pub- 
lic passage  or  occasion  any  disorder ;    and  all  coachmen 
are  ordered  not  to  leave  their  horses  during  the  public 
exhibition  under  a  penalty  of  ten  dollars, 
office^rl.*'"'  "^^     Art.  84.  It  shall  be  the  duty  of  managers  of  places  of 
^^-  amusement  to  reserve,  free  of  all  charge,  places  for  the 
Mayor,  Recorders,  Chief  of   Police,  and  such  other  of 
Policemen,     ^^c  policc  as  may  be  necessary  to  preserve  order, 
tion.  ^'"P^"^*'      Art.  85.  The  policemen  on  guard  at  theatres  or  public 


lb. 


exhibitions  shall  be  paid  by  the  acting  managers,  or  other 


AMUSEMENTS,  ENTERTAINMENTS,  ETC.  91 

persons  having  the  direction  of  the  said  exhibition,  at  the  Amended  by 
rate  of  not  less  than  three  dollars  and  fifty  cents  for  c.  s. 
each  policeman  every  time  of  the  performance ;  and 
every  policeman  on  duty  at  a  ball  shall  be  entitled  to 
require  from  the  person  keeping  the  said  ball  the  said 
compensation  of  three  dollars  and  fifty  cents  when  the 
ball  ends. 

Art.  86.  The  Mayor  and  the  Surveyor,  as  often  as  inspection 
they  may  deem  it  necessary,  shall  examine  whether  city  surveyor. 
theatres  and  places  of  public  resort  be  constructed  with 
the  requisite  solidity  and  carefully  kept  in  repair,  so 
that  the  public  may  assemble  there  without  danger ;  and 
they  shall  adopt  suitable  measures  to  prevent  accidents 
that  might  occur  from  any  negligence  in  that  respect 
on  the  part  of  the  proprietors,  tenants  or  other  persons 
having  the  management  or  direction  of  the  said  theatres 
or  places  of  public  resort. 

Art.  87.     It  shall  be  the  duty  of   the   Assistant   City    city    Attor- 
Attorney  to  prosecute  all  violations  of  this  ordinance.         ^'  ib. 

Art.  88.     By  virtue  of  the  powers  granted  by  law  to    m  ay  or  to 
the  Mayor  and  City  Council,  the  Mayor  shall  cause  to  p'"^""^""  °"\\': 
be  shut   up   any  place  of   public   resort,  whenever   the 
maintenance  of  order  and  the  public  safety  or  tranquil- 
ity may  require  it. 

Art  89.  That  hereafter  it  shall  not  be  lawful  for  weapons 
any  person  to  carry  a  dangerous  weapon,  concealed  or  ^^^^J^^^,-^l^^ 
otherwise,  into  any  public   hail,  tavern,  picnic   ground,  ^''• 

place  for  shows  or  exhibitions,  house  or  other  place  of 
public  entertainment  or  amusement. 

Art.  90.  That  any  person  violating  the  provisions  of  Dan  gerous 
the  first  section  of  this  ordinance  by  carrying  a  danger-  penalty." 
ous  weapon,  not  concealed,  into  any  of  the  places  desig- 
nated in  said  section,  shall  be  subject  to  the  payment  of 
a  fine  not  exceeding  twenty-five  dollars,  or  to  imprison- 
ment in  the  parish  prison  not  to  exceed  twenty  days,  to 
be  imposed  by  the  Recorder  within  whose  jurisdiction 
the  offence  is  committed. 

Art.  91.    That  any  person  violating  the  provisions  of      *"''  ^    ib. 


92  AMUSEMENTS,  ENTERTAINMENTS,  ETC. 

the  first  section  of  this  ordinance  by  carrying  a  danger- 
ous weapon  concealed  about  his  person  in  any  of  the 
places  designated  in  said  section,  shall  be  arrested  and 
prosecuted  for  violation  of  the  law  relative  to  the  carry- 
ing of  dangerous  weapons  concealed  about  the  person. 

forceordinance  ^RT.  92.  That  the  Chief  of  Police  and  the  members 
^^-  of  the  police  force  of  the  city  of  New  Orleans  be  charged 
with  the  enforcement  of  this  ordinance,  and  to  that  end 
they  are  authorized  and  required  to  examine  all  persons 
entering  any  of  the  places  specified  in  section  1  of  this 
ordinance,  and  to  arrest  and  prefer  the  proper  charges 
against  all  peisons  violating  this  ordinance. 
Military  or-      Art.  93.  Thc  provisions  of  this  ordinance  shall  not 

eanizations  ex-  '- 

cepted.  ^^  apply  to  the  officers  and  members  of  military  organiza- 
tions, when  acting  as  such,  nor  to  the  carrying  of  arms 
or  weapons  intended  to  be  used  in  any  show,  exhibition 
or  other  entertainment. 

J.  Duty  of  po-      Art.  94.  That   the   policemen   on  guard   at  theatres, 
Ord.  No.  306  shows,  balls  or  exhibitions  of  any  kind,  shall  have   the 
^ay". '883.  right  and  power,  and  it  shall  be  their  duty,  to  be  and 
Ord.  No  6926  remain  within   said  balls,  theatres  or  other  places  of 
Nov.  9,  1S92.  amusement,  or  at  or  about  the  entrances  thereto,  and 
any  person  connected  with  such  entertainment  as  owner, 
agent    or    employee   who    shall   refuse   permission   or 
attempt  to  interfere  with  such  policemen  in  the  exercise 
of  their  said  right  or  duty  shall  be  liable  to  a  fine  and 
imprisonment  as  herein  provided,  and  that  the  compen- 
sation of  such  policemen  shall  be  not  less  than  three 
dollars  and  fifty  cents  ($3.50)  per  diem  each,  same  to 
be  paid  by  party  or  parties  responsible  for  said  enter- 
tainment. 
Number  of     Art.  95.  The  Chief  of  Police   or  Mayor  of  the   city 
^^  '^^'        lb.  shall  have  the  right  to  designate  the   number  of  police- 
men to  be  placed   on   guard   at  any   show  or  exhibition 
under  Ordinance  No.  3131,  O.  S.,  and  all  officers  so  des- 
ignated, as  specified  in  section  1  of  this  ordinance. 
Kightof  offi-     Art.  96.  The  Mayor,  the  Recorder  and  the  Chief  of 
trinte"r^^°^'"  Police,  or  any   corporal,  sergeant  or  other  officer  of  the 
^^'  police  force,  specially  designated  by  the  Chief  of  Police, 


AMUSEMENTS,  ENTERTAINMENTS,  ETC.  93 

shall  have  the  right  at  any  time  and  all  times  to  enter 
during  performances,  theatres,  balls  and  other  public 
entertainments,  to  inspect  same  and  receive  reports  of 
policemen  on  duty. 

Art.  97.  That  any  person  violating  the  provisions  of  Penalty. 
this  ordinance,  or  refusing  or  attempting  to  refuse  ad- 
mission to  any  one  as  herein  designated,  shall  be  pun- 
ished by  fine  not  exceeding  twenty-five  dollars  and  im- 
prisonment not  exceeding  ten  days,  either  or  both,  in 
the  discretion  of  the  court  having  jurisdiction  to  try 
for  such  offences ;  and  all  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

Art.  98.  That  a  printed  copy  of  the  ordinances  con-    Copy  of  tins 
cerning  public  balls,  theatres  and  public  exhibitions  be  be  posted, 
placed  in  a  conspicuous  position  within  the  enclosure  of    Ord.  No.  3131 
said  balls,  theatres  and  public  exhibitions  for  the  pur-    Dec.  1856. 
pose  of  reference,  and  that  in  case  of  neglect  or  refusal 
of  the  managers  or  owners  of  such   places  to  comply 
with  the  provisions  of  this  section   they  shall  be  liable 
to  a  fine  of  fifty  dollars  for  said  offence,  recoverable  be- 
fore any  court  of  competent  jurisdiction  ;  and  the  police 
officers  on  duty  shall  compel  the  owners  of  the  balls, 
theatres,  etc.,  to  close  for  the  night. 


BALLS. 

Art.  99.  It  shall  not  belawful  for  any  person  or  per- 

,  •  -ii   •        n        1.       •,  Oil  .  ■.  ,.         Permission. 

sons  to  give,  withm  the  limits  of  the  city,   anv  public 

,      11  „  ,  ...  1  ...".,.  Ord.  No.  3131 

balls  of  any  description  unless  permission,  in  writing,  o.  s. 
be  previously  obtained  from  the  Mayor  to  give  said  ball    a  n7e'nd/<?"  by 
or  balls,  and  after  payment  of  license  tax,  and  whoever  oVc^ie,' is^. " 
shall  violate  the  provisions  of  this  section  shall  be  sub- 
ject to  a  fine  not  to  exceed  twenty-five  dollars  or  impris- 
onment in  the  parish  prison  for  a  term  not  to  exceed    Penalty. 
thirty  days,  or  both,  or  imprisonment  in  the  said  parish 
prison  |or  a  term  not  to  exceed  thirty  days  in  default  of 
payment  of  the  fine,  to  be  imposed  by  the  Recorder  of 
the  district  wherein  the  offence  is  committed  ;  provided 
that  the   fine  shall  not  exceed   twenty-five  dollars  for 


94  AMUSEMENTS,  ENTERTAINMENTS,  ETC. 

each  offence,  nor  the  imprisonirieiit  more  than   thirty 
days. 
Mayor  to     Art.  100.    Whcuever  the  foregoing  provision  shall  be 
ord.  3i3i,o,  violated   it  shall  be  the  duty  of  the   Mayor  to  cause  the 
May,  1859.      said  ball  or  balls  to  be  closed   immediately   by  the  po- 
lice. 
Duration  of     Art.  101.  NopubUc ball  shall  be  prolonged  beyond  the 
\)rd.  No.  4970 hour  fixed  by  the  Mayor's  permit,  and  every  person  giv- 
be'c.  16, 1890.  ing  such  public   ball  who  shall  violate  the  provisions  of 
this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars  or  imprisonment  in  the  parish  prison 
for  a  term  not  to   exceed   thirty   days,  or   both,  or  im- 
prisonment in  the  said  parish  prison  for  a  term  not  to 
exceed  thirty  days  in  default  of  payment  of  the  fine,  to 
be  imposed  by  the  Recorder  of  the  district   wherein  the 
offence  is  committed ;  provided  that  the   fine   shall  not 
exceed  twenty-five  dollars  for  each  offence,  nor  the  im- 
prisonment more  than  thirty  days.  , 
Contrary    to      Art.  102.  That  thc  Mayor  of  the  city  of  New  Orleans 
etc.  '*^  """"^  ^'  be  and  he  hereby  is  requested  not  to  issue  in  future  any 
o.  s"!  ' '  °"  ■''^'  license  to  parties  asking  for  them,  to  give   public  balls, 
^^' '  ^^"     when  such   balls   are   knowingly   derogatory  to  public 
morals  and  decency,  or  in  anywise  considered   a  public 
nuisance. 
Numbe  r  of     The  CMcf  of  Policc  or  Mayor  of  the  city  shall  have  the 

policemen.  *^  "^ 

Ord.  306  c.s.  right  to  designate  the  number  of  policemen  to  be  on 
guard  at  any  show  or  exhibition  under  Ordinance  No 
3131,  O,  S.,  and  all  offtcers  so  designated,  as  specified 
in  Section  1  of  this  ordinance. 

See  Hospital,  relative  to  tax. 

See  Article  9,  relative  to  duty  of  police. 

COCK-PITS. 
Permission.     Art.  103.  No  pcrsou  shall  kccp  a  cock-pit  without  per- 
Ord.  No.  3121  mission  of  the  Mayor,  who  may  at  any  time  revoke  his 
Dec.  1856,     permission  and   close   the   same   if    order   be  not  pre- 
served . 

DOG  AND  BULL  FIGHTING. 

Prohibited.        Art.  104.  That  no  exhibition  whatever,  no  public  or 
display  meeting  or  assemblage,   wherein  two  or  more 


AMUSEMENTS,  ENTERTAINMENTS,  ETC.  95 

persons  are  present,  of  dog  fighting  or  bull   fighting, 

wherein  and  whereat  dogs  are  pitted  against  each  other, 

on  any  pretext   whatever,    wherein   for  wager,  gain  or 

other  device  or  reason,    shall   be  permitted.      Whoever   Ord.  No.  1.94 

shall  violate  the  provisions   of  this   ordinance  shall  be  Ap'rii7,  isss. 

Amended   bv 

subject  to  a  fine  not  to  exceed  twenty-five  dollars,  or  ord.  No.  4954 
imprisonment  in  the  parish  prison  for  a  term  not  to  ex-  bee.  16. 1S90. 
ceed  thirty  days,  or  both,  or  imprisonment  in  the  said 
parish  prison  for  a  terni  not  to  exceed  thirty  days  m  de- 
fault of  payment  of  the  fine,  to  be  imposed  by  the  Re- 
corder of  the  district  wherein  the  offence  is  committed ; 
provided,  that  the  fine  shall  not  exceed  twenty-five  dol- 
lars for  each  offence,  nor  the  imprisonment  more  than 
thirty  days. 

Art.  105.    That  all  such  exhibitions  are  hereby  de-  police  reguia. 
clared  contrary  to  the  police  regulations  of  this  city.  ord.  No.  1194 

April?,  1SS5. 
GLOVE   CONTESTS. 

Art.  106.  That  exhibitions,  meetings  or   assemblages    p^j^^    ^ghts 
for  the  purpose  or  prize  fighting  between  human  beings,  '^"'^d'.^^o.'u^, 
whether   engaged   in   with   or   without   gloves,  or  any^gg^^'  -^p"' 
device  or  design   whatever,  whether   with   or  without 
price  of  admission,  are  declared  contrary  to  good  order 
and   police   of   the   city   are   hereby   prohibited.     Any 
violation  of  this  section  shall   submit  the  offender  or^^"*''^- 
offenders  to  a  fine  of  twenty-five  dollars   or  imprison- 
ment for  thirty  days. 

Art.  107.  That  exhibitions  and  glove  contests  between    permitted  ii> 

human  beings  for  the  development  of  muscular  strength  [efed*'^'athi*e*tic 

be  and  the   same   are   hereby  permitted  to  take  place  ^^J^-j^^,       , 

within  the   rooms   of   all    regularly  chartered   athletic    ^^h^^^"'^^ 

clubs  in  the  city  of  New  Orleans ;  provided,  that  at  the  *^^-  ^°-  ^''^i 

time  when  said  exhibitions  and  glove  contests  shall  take    cember    9,. 

^  1S90. 

place  that  the  sale  or  giving  of  spirituous  liquors   in 

said   clubrooms   is   hereby   prohibited ;    and    provided 

further  that  all   such   exhibitions   and   glove  contests 

shall  be  under  the  supervision  of  the  police  authorities 

of  the  city  of  New  Orleans :  and  provided  further,  that    Donation. 

a  glove  weighing  not  less  than  five  (5)  ounces  shall  be 


9G  AMUSEMENTS,  ENTERTAINMENTS,  ETC. 

used  in  such  exhibitions  or  contests ;  but  under  no  cir- 
cumstances shall  this  ordinance  be  construed  as  permit- 
ting any  sparring  contests  in  such  club  or  clubs  on 
Sunday ;  provided  further,  that  for  each  exhibition  the 
parties  shall  be  required  to  donate  fifty  ($50)  dollars, 
which  amount  may  be  increased  to  a  sum  not  exceeding 
five  hundred  ($500)  dollars,  for  fund  of  public  char- 
ities of  New  Orleans ;  and  that  a  good  and  solvent  bond 
of  five  hundred  ($500)  dollars  cash  shall  be  given,  to  be 
forfeited  in  case  of  any  violation  of  said  ordinance,  the 
proceeds  of  said  forfeited  bond  to  go  to  the  said  fund  of 
public  charities. 

Art.  108.  Thiat  Ordinance  No.  1194,  C.  S.,  except  as 
hereby  amended,  shall  remain  and  be  in  force. 


SHOOTING    GALLERIES. 

Permission.  ^^^T.  109.  It  shall  uot  bc  lawful  for  any  person  orper- 
^o.  8^°'  ^'^''  i^ons  to  erect  or  in  manner  establish  or  continue  any 
pistol  or  shooting  gallery  within  the  limits  of  the  city  of 
New  Orleans,  with  out  having  first  obtained  the  consent 
of  two-thirds  of  the  persons  residing  within  one  square 
of  the  place  where  any  pistol  or  shooting  gallery  is  in- 
tended to  be  established,  and  the  permission  of  the  Com- 
mon Council ;  and  it  shall  be  the  duty  of  any  person  or 
persons  so  establishing  such  shooting  gallery  to  have  the 
same  so  enclosed  as  to  prevent  the  report  of  fire  arms  be- 
ing heard  in  the  street  or  streets  on  which  the  same  may 
be  located. 

THEATRES. 

Diagram  of     ^^^'^-  HO.  That  the  owuer,  lessee,  manager  or   other 

printed. "^^  "^  *  persou  or  persons  having  charge  or  control  of  any  thea- 

c.^s.*^'  ^°'  ^^^  tre  in  the  city  of  New  Orleans  shall  cause  each  and  every 

Oct.  21, 1884.   ^QQY   and  means  of  exit  to  be  used  in  the  case  of   fire  or 

panic  to  be  conspicuously   numbered  so  as  to  be  visible 

to  the  audience  by  whom  the  same  is  to  be  used,  and  shall 

have   or  cause  to  be  printed  in  conspicuous  type  a   plan 

or   diagram  and  explanation,  showing  each  of  said  exits 

thereon  and  referring  to  the  numbers  aforesaid,  and  the 


ANIMALS  AND  BIRDS.  97 

same    shall  be  printed  in  conspicuous  type  as   aforesaid 

on  the  programme  or  bill  of  the  play. 

Art.  111.  That  whoever  shall  violate  the  provisions  of    I'enaity. 

^  0rd.N0.49s8, 

this  ordinance  shall  be  subject  to  a  fine  not  to  exceed  c.  s.,  Dec.  i6, 

twenty-five    dollars,    or    imprisonment    in   the    parish 

prison  for  a  term  not  to  exceed  thirty  days,  or  both,  or 

imprisonment  in  the  said  parish  prison  for  a  term  not  to 

exceed  thirty  days  in  default  of  payment  of  the  fine^  to 

be  imposed  by  the  Recorder  of  the  district  wherein  the 

offence  is  committed;  provided,  that  the  fine  shall  not 

exceed   twenty-five   dollars   for   each    offence    nor  the 

imprisoulnent  more  than  thirty  days. 

Art.  112.  The  Chief  of  Police  is  hereby  charged  with    Duty  of  the 

the  execution   of  the   requirements  of  the  above  ordi-  ^"ord.  No  973, 

AS     Oct    21 

nance,  and  the  members  of  the  police  force,  detailed  fori8S4. ''  "  ' 
duty  in  theatres,  shall,  at  the  time  of  going  on  duty, 
examine  the  programme  or  bill  of  the  play,  and  if  the 
same  does  not  contain  the  required  plans,  or  diagrams, 
as  ordained  by  this  Council,  or  if  any  other  violation  of 
the  law  or  non-compliance  with  its  reqiiirements  be 
found,  the  same  shall  be  immediately  reported  in  the 
same  manner  as  is  prescribed  in  the  case  of  other  viola- 
tions, a  copy  of  the  programme  or  bill  of  the  play,  if  the 
same  be  found  defective,  to  accompany  the  report. 

See  hospitals,  relative  to  tax. 

See  barrooms,  relative  to  concert  saloons. 


ANIMALS  AND  BIRDS. 


Cruelty  to  Animals — See  Offences. 

Driving  Horses  Through  Streets — See  Offences. 

Roving  Animals — See  Po%inds. 

Keeping  on  Premises — See  Stables  and  Dairies. 

Unlawful  Catching  of  Game— See  Offences  and  Fish. 

DOGS. 

Art.  113.  (1)  That  no  dog  shall  be  permitted  to  run  o^  qu^.^^o%. 
be  at  large  upon  any  street,  alley,  highway,  common  or  J^^-'  "^"'^ 
public   square,    within   the  limits   of   the   city  of  New 


46131 


98  ANIMALS  AND  BIRDS. 

Orleans,  provided  that  this  section  shall  not  apply  to 
any  dog  to  which  a  tag  obtained  from  the  Treasurer  is 
attached. 

Owner.  Art.  114.  (2)  Any  person  who  shall  harbor  or  permit 

■  any  dog  upon  or  about  his  or  her  premises  shall  be 
deemed  to  be  the  owner  or  keeper  of  such  dog. 

To  be  con-  Art.  115.  (3)  It  shall  be  the  duty  of  the  owner  or 
lb,  keeper  of  a  dog  to  have  such  dog  confined  within  his  or 
Ord.  No.  6494,  her  yard  or  enclosure  or  secured  by  a  chain  therein.  Or  if 
said  dog  is  allowed  outside  of  said  enclosure,  it  shall  be 
the  duty  of  the  owner  or  keeper  to  have  said  dog  muz- 
zled securely  from  the  1st  day  of  May  to  the  30th  of  Sep- 
tember of  each  year  inclusive. 

Tenements.     Art.  116.   (4)  It  shall   be  unlawful  for  the  owner  oi- 

keeper  of  any  dog  to  allow  such  dog  to  be  at  large  in  any 

tenement  building  or  yard  thereof  occupied  by  two  or 

more  families. 

Unlawful  to      Art.  117.  (5)  It  shall  be  unlawful  for  any  person  to  re- 
re  1  e  a  s  e,  en-  .     '  Till 
tice,  etc.         lease   or  entice  any  dog  secured  by  the  owner  or  keeper 

within  his  or  her  yard,  or  by  a  chain,  out  of  the  premises 

of  such  keeper  or  owner ;  nor  shall  any  one  molest  or  seize 

any  dog  upon  the  public  thoroughfares,  or  in  the  public 

squares,  when  such  dog  has  attached  to  his  collar  the  tag 

obtained   fitem  the  Treasurer  as  provided   for  in    this 

ordinance. 

Art.  118.  (6)  Whoever  shall  keep  a  vicious  dog,  and 

ogs  ^Y^oii  permit  the  same  to  run  at  large  unmuzzled,  in  the 

streets,  squares  or  public  thoroughfares,  shall  be  subject 

to  the  penalty  imposed  by  section  19,  of  this  ordinance,  and 

it  shall  be  the  duty  of  the  Commissioner  of  Police  and 

Public  Buildings,  or  his  assistants,  and  the  members  of 

the  police  force  to  slay  such  vicious  dog  wherever  found . 

Art.  119.  (7)  If  any  one  shall  be  injured  in  his  person 

persons.  or  apparel  by  a  dog  on  the  streets,  in  the  squares  or  on  the 

"public  thoroughfares,  the  owner  or  keeper  of  such  dog 

shall  suffer  the  penalties  provided  in  section  19  of  this 

ordinance. 

^^  g  Art.  120.  (8)  The  Treasurer  is  directed  to  cause  to  be 

^^'  made,  about  the  first  of  January  of  every  year,  metal  dog 

tags,  stamped  with  some  device  deemed  suitable  by  him. 


ANIMALS  AND  BIRDS.  99 

and  numbered,  and  he  shall  furnish  them  to  all  persons 
applying  for  the  same,  at  the  rate  of  two  dollars  ($2)  each, 
said  tags  to  be  available  only  for  the  year  in  which  is- 
sued. 

Art.  121.  (9)  Any  person  who  counterfeits  or  imitates     counterfeit- 
the  tags  made  and  delivered,  as  herein  provided  by  the  "     ib. 

Treasurer,  or  any  person  who  shall  put  on  a  dog  any  such 
counterfeit  or  imitation  tag  shall  suffer  the  penalties 
imposed  by  section  19  of  this  ordinance. 

Art.  122.(10)  Anyperson  who  shall  maliciously  or  wan-    Removing 
tonly  remove  or  cause  to  be  removed,  directly  or  indirect-  ^''^^'  ib. 

ly,  any  such  tag  from  the  dog  of  another  person,  shall  be 
subject  to  the  penalties  provided  in  section  19  of  this 
ordinance. 

Art.  123.  (11)  It  shall  be  the  duty  of  the  Commissioner  ^^^^mpounding 
of  Police  and  Public  Buildings,  through  his  assistants,  to  ^b. 

take  up  and  impound  in  the  workhouse  all  dogs  found 
running  or  being  at  large,  contrary  to  the  provisions  of 
this  ordinance. 

Art.  124.  (12)  The  Commissioner  of  Police  and  Public    Keeper  of 
Buildings   is   authorized  to  appoint,  with  the  approval  ^°""  '        ib. 
of  the  Council,  a  keeper  of  the  dog  pound,  a  driver  of 
the  dog  wagon  and  such  number  of  assistants,  of  age,  as 
he    may    deem    necessary.     The    pound    keeper    shall 
furnish   security   in   the   sum   of   five  hundred  dollars 
($500)    for  the  faithful  discharge  of   his   duties,    and 
shall  receive  a  compensation  of  fifty  dollars  ($50)  per 
month,   and  also  the  profits,  if  any,  that  may  accrue     compensa- 
from  the  keeping  and  feeding  of  dogs  impounded  under 
this   ordinance.     The   driver   shall   receive  a  salary  of 
forty  dollars  ($40)  per  month.     The  assistants  shall  be 
paid  at  the  rate  of  one  50-100  dollars  ($1.50)  per  each 
day  they  are  on  duty. 

Art.  125.  (13)  The  city  shall  furnish  a  police  officer  to   poiicepfficer 
the  Commissioner  of  Police  and  Public  Buildings  whose 
duty  it  shall  be  to  accompany  said  Commissioner,  or  his 
assistants,  on  the  dog  wagon,  and  to  aid  in  the  enforce- 
ment of  this  ordinance. 

Art.  126.  (14)  It  shall  be  the  duty  of  the  keeper  to  keep    Re^ 
a  book,  to  be  furnished  by  the  Comptroller,  in  which  he 


lb. 


100  ANIMALS  AND  BIRDS. 

shall  register  daily  all  dogs  brought  to  the  pound,  by 
whom  brought,  and  the  time  of  their  being  released  or 
slain,  and  the  amount  of  fees  and  fees  paid,  which  book 
shall  be  open  at  all  times  for  public  inspection,  under  the 
penalty  provided  in  section  19  of  this  ordinance.  More- 
over, the  keeper  shall  make  out  and  furnish  weekly  to 
Keeper  to  the  Commissioner  of  Police   and  Public  Buildings,  who 

report  to  °    ' 

Com.  of  Police  shall  forward  Same  to  the  Comptroller,  a  detailed  state- 

and    Public  '^  ' 

Buildings.  ment  of  the  amount  of  pound  fees  and  all  moneys  re- 
ceived, which  pound  fees,  etc.,  shall  be  deposited  with 
the  said  Commissioner,  who  shall  convert  the  same  over 
into  the  treasury,  and  the  poii:id  keeper  failing  to  fur- 
nish such  statement,  keep  the  book  and  make  deposit 
as  provided  herein,  shall  be  dismissed. 

Redemption.  Art.  127.  (15)  Upon  the  productiou  to  the  Commis- 
sioner of  Police  and  Public  Buildings  of  the  tag  provided 
for  in  section  8,  the  keeper  or  owner  of  any  dog  im- 
pounded may  redeem  the  same  upon  paying  the  following 
fees,  viz. : 

Fees.  Art,  128.  Redemption  fee  two  dollars,  (2),  and  the 

■  further  sum  of  five  (5)  cents  per  day  for  each  day  said 
dog  shall  have  remained  impounded,  which  shall  reim- 
burse the  keeper  for  any  expense  he  has  incurred  for 
food  for  the  dog. 

When  slain.  Art.  129.  (16)  Any  dog  not  redeemed  within  two  (2) 
days  after  being  taken  up  shall  be  slain. 

viciousdogs  Art.  130.  (17)  It  shall  be  the  duty  of  the  Commissioner 
arge.  ^^  ^^  Police  and  Public  Buildings,  or  his  assistants,  to  kill 
any  vicious  dog  found  in  violation  of  this  ordinance, 
which  can  not  be  safely  taken  up  and  impounded,  but  it 
shall  not  be  lawful  for  any  other  person  to  shoot  or  use 
poison  for  the  purpose  of  killing  any  dog  at  any  other 
place  than  at  the  dog  pound,  and  should  any  dog  be 
found  at  large  by  the  said  Commissioner  or  his  assistants 

Dogs  escap-  and  cscapcs  from  said  Commissioner  or  his  assistants  by 

eredup.        ^  entering  the   premises  of  his  owner  or  keeper,  and  said 

'  owner   or  keeper  refuse   to  deliver  up  such  dog  to  the 

said  Commissioner  or  his  assistants,  then  such  owner  or 

keeper  shall  be   subject  to  the  penalties  provided  for 

in  section  19  of  this  ordinance;  provided,  that  nothing 


ANIMALS  AND  BIRDS.  101 

herein  contained  shall  be  so  construed  as  to  authorize 
the  said  Commissioiier  or  his  assistants  to  enter  the 
premises  or  yard  of  said  owner  or  keeper  in  pursuit  of 
such  dog. 

Art.  131.  (18)  The  Commissioner  of  Police  and  Public    oog  wagons. 
Buildings   is   hereby   authorized  to  have  constructed  a 
suitable  dog  wagon  and  to  purchase  a  horse  for  same. 

Art.  132.  (19)  That  the  owner  or  keeper  of  a  dog  and  ^^''^^'^y-  j^. 
any  other  person  violating  the  provisions  of  this  ordinance 
shall  be  fined  not  more  than  twenty-five  ($25)  by  the 
Recorder  of  the  district  in  which  the  offence  is  committed, 
and  in  default  of  payment  of  the  fine  condemned  to  im- 
prisonment in  the  parish  prison  for  a  term  not  exceed- 
ing thirty  (30)  days. 

Art.  133.  (20)  That  all  moneys  received  from  the  en- 
forcement of  this  ordinance  shall  be  put  to  separate  ac- 
count, to  be  known  as  the  ' '  Dog  Tax  Fund, ' '  out  of  which 
shall  be  paid :  first,  the  cost  of  tags  herein  specified ;  Amended  by 
secondly,  salaries  of  oflflcers  and  other  expenses  as  "^  '  *'^^ 
herein  provided  for,  and  the  surplus,  if  any,  to  be 
placed  to  the  credit  of  public  improvements,  and  the 
Comptroller  is  hereby  authorized  and  directed  to  war- 
rant on  the  Treasurer  for  such  salaries  and  expenses 
whenever  there  shall  be  money  in  the  treasury  to  the 
credit  of  said  fund  and  not  otherwise  appropriated,  and 
the  Treasurer  is  authorized  and  directed  to  pay  in  ac- 
cordance therewith. 

Art.  134.(21)  That  all  ordinances  orpart  of  ordinances,    "^P^^^^^^fg 
on   the   subject   matter  as  this  ordinance,  including   or-  i^. 

dinances  Nos.  6140  and  6491,  A.  S.,  and  3042,  3092, 
3311,  3687,  3862   and  4338,  C.  S.,  are  hereby  repealed. 

Act  207  of  1858,  p.  148,  makes  dogs  under  certain   conditions 
personal  property. 

GOATS. 

Art.  135.  That  goats  running  at  large  in  the  streets  Nuisance. 
and  other  public  places  within  the  limits  of  the  city  be  ^*J;  '^^^'j. 
and  are  hereby  declared  to  be  a  nuisance. 

Art.  136.  No  goats  of  any  description  shall  be  per-niSg^at  larg"'. 
mitted  to  run  at  laige  within  the  limits  of  the  city  of  ^^' 


102  ANIMALS  AND  BIRDS. 

New  Orleans  as  aforesaid,  and  all  j^oats  thus  found  shall 
be  taken  up  and  placed  in  a  pound. 

and^s^e^iing  o1  ^^'^-  ^^^ •  When  any  goat  or  goats  are  thus  taken  up 
s"**^-  ,  ji,  it  shall  be  lawful  for  the  Administrator  of  Police,  and 
it  is  hereby  made  his  duty,  to  sell  the  same  at  auction 
to  the  highest  bidder,  for  cash,  after  posting  said  sale 
on  the  outside  door  of  the  pound,  where  the  same  is  to 
be  made.  Said  sale  shall  take  place  at  12  o'clock  m., 
on  the  second  day  after  the  impounding;  provided,  no 
bid  shall  be  accepted  unless  it  is  sufficient  to  cover  the 
expenses  incurred  in  impounding  said  goat  or  goats. 
The  city  of  New  Orleans,  through  above-mentioned 
Administrator  or  his  representative,  shall  be  permitted 
to  bid  at  such  sales.  All  money  arising  from  aforesaid 
sales  shall,  after  all  expenses  deducted,  be  paid  over  to 
the  owner  or  owners,  on  their  proving  to  the  satisfaction 
of  the  Administrator  of  Police  that  the  property  of  such 
goat. or  goats  is  in  them;  but  if  no  owner  appear,  the 
said  money,  after  deducting  the  costs  aforesaid,  shall  be 
paid  into  the  City  Treasury. 

Duty  of  Ad-     Art.  138.  It   is  hereby   made  the  duty  of  the  Ad- 
ministrator of  . 
Police.            ministrator   of  Police  to  see  that  this  ordinance  is  effi- 

Ib. 

ciently  and  properly  enforced,  and  he  is  hereby  author- 
ized to  employ  assistants  to  aid  him  in  carrying  out  its 
provisions. 
Duty  of  Po-     Art.  139.  It  is  also  made  the  duty  of  the  officers  and 

lice.  •' 

^^-  members   of  the  Crescent  City  Police  force  to  take  up, 
or  cause  to  be  taken   up,  any  and  all  goats   running   at 
large    within  the  above  described  limits,  and  make  the 
proper  affidavits  against  the  owner  or  owners. 
Pound  fees.     Art.  140.  A  sum  of  fifty  cents  shall  be  paid  for  each 
"  stray   goat  brought  to   the  pound,  and  the   same    shall 
be  included  in  the  expenses  incurred  in  impounding  said 
goat. 
Expense.  Art.   141.  The   cxpcuse   for  impounding    each    and 

'  every  goat  is  hereby  fixed  at  the  sum  of  two  dollars  and 
fifty  cents. 
Penalty.  Art.  142.  That  it  shall  be  unlawful  for  any  owner  or 

^^'  owners  of  a  goat  or  goats  to  permit  the  same  to  run  at 
large   within  the   above  described   limits,  and  that  any 


ANIMALS  AND  BIRDS.  103 

owner  or  owners  violating  the  provisions  of  this  section 
shall  be  subject  to  a  fine  of  five  dollars,  and  in  default 
of  payment  of  said  fine  shall  be  imprisoned  for  a  term 
of  five  days  by  the  Recorder  within  whose  district  the 
said  owner  or  owners  may  reside. 

HOGS. 

Art.  143.  It  shall  not  be  lawful  for  any  person  to  keep  ning°a^*iarge! 
a  hog  or  hogs  within  the  pound  limits  of  this  city,  nor     n"  s.'2^." 
permit  the  same  to  run  at  large,  under  the  penalty  of  not 
less  than  five  dollars  nor  more  than  twenty-five  dollars 
for  each  and  every  offence. 

ANIMALS — GENERAL  PROVISIONS. 

Art.  144.  No  wild  and  ferdcious  animals  shall  be  kept    wiid animals 
within  the  limits  of  the   city,  on   the  premises  of  indi-'°  jan.^i"s67.  ^ 
viduals  or  in  menageries,  unless  such  animals  be  under     ^"  ^■'^^'^• 
the  charge  of  an  armed  guard  day  and  night. 

Art.  145.  Any  person  or  persons  committing  any  of  penalty, 
the  offences,  or  violating  any  of  the  provisions  herein- 
before named  in  section  second,  shall  be  fined  not  less 
than  ten  nor  more  than  fifty  dollars,  and  in  default  of  the 
payment  of  the  penalty  he  shall  be  imprisoned  not  ex- 
ceeding thirty  days. 

Art.  146,  That  the  driving  of  horned  cattle,  hogs  and  Driving 
sheep  on  Peters  street  or  the  river  front,  from  Carroll- tain iimrts pro- 
ton to  Flood  street,  is  hereby  prohibited.  No,'  3521  c.  s" 

Art.  147.    That  any  person  violating  this  ordinance    Penalty. 
shall  be  subject  to  a  fine  of  not  less  than  five  and  not  ^^' 

more  than  twenty-five  dollars,  or  imprisonment  for  not 
less  than  ten  and  not  more  than  thirty  days  for  each  and 
every  offence. 

Art.  148.  That  it  shall  be  the  duty  of  all  police  officers  Duty  of  po- 
to  arrest  all  persons  so  offending  and  to  make  the  proper  ^"^^*  ib. 

affidavits  against  such  persons. 

Art.  149.  That  no  person  or  persons  shall  bring  into  Regulating 
or  within  the  limits  of  the  city  of  New  Orleans  any  *and  ^''dfsToTa* 
animals  sick  with  glanders.  It  is  made  the  duty  of  the  "fj-k  wit'h  glin! 
officers  of  the  police  force  and  also  of  all  owners  or  f^JIp^et^f/^l 
persons  in  charge  of  animals,  including  veterinary  sur-  ^ '  ^  °  d  e  r  s , 


104  ANIMALS  AND  BIRDS. 

an*^d°TH-°vent^^^^^'  ^^  promptly  report  to  the  Board  of  Health  any 
t-^n  'Cr^sucii  ^^^^  ^^  cases  coming  to  their  knowledge  of  animals  sick 
the™  cu' "  *o°  ^^^^  glanders,  as  also  every  case  which  may  be  regarded 
^oTd  No^*"^*  ^^  suspicious  or  exhibiting  symptoms  of  said  disease. 
^'  Adopted  Art,  150.  Whenever  any  animal  is  pronounced  gland- 
june27, 1893.  gj.^^  i^y  ^Yie  veterinary  surgeo^i  of  the  Board  of  Health, 
or  by  any  other  graduated  and  reputable  veterinary  sur- 
geon, the  Board  of  Health  shall  order  the  killing  of  such 
animal  and  the  disposition  of  the  carcass  in  such  man- 
ner as  said  Board  of  Health  may  deem  safest.  All 
animals  suspected  of  glanders  shall  be  isolated  at  owner's 
expense  in  such  manner  as  the  Board  of  Health  may  desig- 
nate until  the  true  condition  of  the  animal  is  established. 
Any  owner  of  any  animal  having  cause  to  suspect  the 
same  to  be  glandered,  or  any  veterinary  surgeon  treat- 
ing any  animal  so  suspected,  who  shall  fail  to  report 
immediately  such  suspected  case  to  the  Board  of  Health 
shall  for  each  such  neglect  or  failure  to  thus  report  be 
fined  in  a  sum  not  exceeding  twenty-five  dollars,  or  im- 
prisoned not  exceeding  thirty  days  ;  and  any  owner  not 
submitting  any  animal  suspected  of  being  glandered  to 
investigation  and  proper  inspection  by  the  veterinary 
surgeon  of  the  Board  of  Health  for  ascertainment  of  its 
condition,  or  not  isolating  a  suspected  animal  as  the 
Board  of  Health  may  direct,  or  removing  or  killing  or 
disposing  of  any  glandered  or  suspected  animal  in  a 
manner  contrary  to  the  directions  and  intendments  of 
this  ordinance  shall  for  each  offence  be  fined  not  more 
than  twenty-five  dollars  or  imprisonment  not  more  than 
thirty  days. 

Art.  151.  All  ordinances  in  conflict  with    this  ordi- 

Rep  e  a  lin  g 

clause.  nance  and  all  upon  the  same  subject  matter  are  hereby 

repealed. 

GAME. 
Wild    duck, 

**ord.  No.60.6  Art.  152.  That  from  and  after  the  passage  of  this 
A  mended  ^y  resolution  it  shall  be  unlawful  for  any  person  or  persons 
ord.  No.  7306^^  catch,  kill  or  pursue  with  such  intent  any  wild  duck, 
ord^^No.^  8233^  geese  or  poule  d'eau,  or  to  have  same  in  possession  after 
189^*'*^^  '^'it  has  been  caught  or  killed,  within  this  parish,  between 


ANIMALS  AND  BIRDS.  105 

the  fifteenth  day  of  April  and  the  first  day  of  November, 
inclusive,  of  each  year. 

Art.  153.  That  whoever  shall  violate  the  provisions  Penalty, 
of  this  resolution  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars,  or  imprisonment  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  imprison- 
ment in  the  said  parish  prison  for  a  term  not  to  exceied 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed ;  provided,  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence  nor  the  imprisonment 
more  than  thirty  days. 

Art.  154.  That  all  laws   or  parts   of  laws  in  conflict    Repeaiingr 
herewith  be  and  the  same  are  hereby  repealed.  '       "        ib. 

Art.  155.   (2)  That  no  deer,  buck,  doe  or  fawn  shall    oeer,  buck 
be  driven  and  hunted  with  hounds  or  ambushed  and  shot  °'^ord!"No.  357 
at,  excepting  between  the  period  beginning  on  August  1  "^j^iy  ,0^  ,§83. 
of  each  year  and  continuing  until  March  1  of  the  fol- 
lowing year,  inclusive. 

Art.  156.  (3)  That  no  hare  or  rabbit  shall  be  trapped.    Hare  or  rab^- 
wounded,  killed  or  shot  at  in  this   parish  during   the'''^*  n,^ 

months  of  May,  June  and  July  of  each  year  after  the 
passage  of  this  ordinance. 

Art.  157.  (4)  That  it  shall  be  unlawful  for  any  person 

^     ''  -^^  Quailor 

or  persons  to  trap,  wound  or  kill  any  quail  or  partridge,  partridge, 
excepting  during  the  period  beginning  on  the  first  day 
of  October  of  each  year,  and  continuing  until   the  first 
of  April  of  the  following  year,  inclusive. 

Art.   158.    (5)  That  no   grosbecque   or   night-heron      crosbecque 
shall  be  trapped,  snared,  wounded  or  killed,   or  their  *"■  "'^''"'^'■iS.* 
nests  disturbed  and  robbed  in  this  parish,  excepting  dur- 
ing the  period  beginning  July  1  of  each  year,  and  con- 
tinuing until  September  30  of  each  year,  inclusive. 

Art.  159.  (6)  No  rail  or  marsh  fowls,  whether  blue,    itaiiormarsb 
big  rail  or  rice,  nor  any  other  aquatic  or  marsh  fowl   ""^  *'         ib. 
kindred  to  our  parish  or  State,  shall  be  shot  at  or  killed 
in  the  parish  of  Orleans  during  the  monfhs  of  May,  June 
and  July  of  each  year. 

Art.  160.  (7)  That  the  trapping  of  all  birds,  such  as    songbirds, 
the  mocking  bird,  the  red  bird  and  other  song  birds  is  ^''' 


106  '  ANIMALS  AND  BIRDS. 

hereby  prohibited,  excepting  during  the  period  or  season 
prescribed  in  the  game  law  of  the  State  already  in  exist- 
ence, and  this  ordinance  in  no  manner  changes  or  alters 
the  said  law  in  this  particular  instance. 
Grass.iarkor     Art.161.  (8)  All summcrbirds,  such  as the grassc,  lark 
boV    or'Twai-or  caillc,  dore,  martin,  papabotte  or   swallow,  although 
lb,  kindred  to  our  State  require  no  protection,  as  they  are 
devoid  of  flesh  or  flavor,  in   fact  worthless,  when  killed 
out  of  season. 

Art.  162.  (9)  All  migratory  birds  or  fowls,  such  as  the 

Afigratory  ^     '  ^  ^ 

birds.  duck,  teal  of  whatever  species,  excepting  the  wood  duck, 
'  can  be  shot  at  and  killed  during  the  entire  year,  as  also 
the  snipe,  plover,  and  in  fact  any  other  bird  or  fowl  not 
kindred  to  our  State  and  parish,  unless  it  be  birds  of 
prey,  such  as  the  hawk,  eagle,  falcon  and  other  destruc- 
tive birds,  they  to  be  treated  as  migratory  under  this 
ordinance. 

See  Art.  151  in  connection  with  this  article. 

Wild  beasts.     Art.  163.  (10)  All  wild  beasts  not  generally  used  as 

■  food,  such  as  coons,  wildcats,  panthers,  opossums,  minks 

or  other  furred  animals,  are  not  to  be  considered  as  game 

under  this  ordinance,  and  may  be  caught  or  killed  by 

any  person  so  inclined. 

Penalty.  Art.  164,  (11)*  Any  person  or  persons  violating  any 

^^-  of  the  sections  of  this  ordinance  shall,  upon  conviction 

thereof,    before  any  Recorder  of  this  parish,  be  fined 

twenty-five   dollars  or  imprisoned   for  thirty  days  for 

each  and  every  offence.     This  ordinance  to  go  into  effect 

Repealing  "^  » 

iause.  immediately  upon  its  passage,  all  laws  and  ordinances  or 

parts  of  laws  contrary  hereto  being  hereby  repealed  and 
annulled. 

SPARROW^S. 

Art.  165.  Whereas,  the  sparrow,  under  the  fostering 
Or^ma^nci 'no^  carc  of  Ordiuauce  No.  2295,  A.  S.,  has  become  a  great 
nuisance  by  reason  of  their  enormous  increase  in  number 
and  natural  rapacity  and  aggressiveness,  a  source  of 
serious  loss  to  gardeners  and  others,  and  the  destroyer 
of  our  native  songster,  the  mocking  bird ;  therefore. 

Resolved  that  Ordinance  2295,  A.  S.,  bfe  and  the  same 


2  29s,  c.  s. 


Penalty. 


ANIMALS  AND  BIRDS.  107 

is  hereby  repealed ;  all  persons  shall  hereafter   be  per-    o.d.  No.  2980 
initted  to  kill,  capture  or  in  any  way  destroy   the  said    June  4,  isss. 
sparrow;  provided,  however,  that  nothing  herein    shall 
be  construed  as  giving  the  right  to  use  firearms  within 
the  city  limits,  or  to  in  any  other  manner  violate  exist- 
ing ordinances  in  such  destruction. 

PIGEON-S. 

Art.  166.  That  it  shall  be  unlawful  for  any  person  Pigeons  at 
or  persons,  owning  or  harboring  pigeons,  to  allow  Or<j.  No.  1930 
them  to  go  at  large  within  the  city  limits.  Sept.  7,  i8S6. 

Art.  167.  That  any  person  or  persons  owning 
pigeons,  who  shall  suffer  or  allow  them  to  go  at  large 
within  the  city  limits,  shall  be  punished  by  a  fine  not 
exceeding  twenty-five  dollars  ($25),  or  in  default  of  the 
payment  thereof  to  ten  (10)  days'  imprisonment  on  con- 
viction before  the  Police  Judge  having  jurisdiction  over 
the  domicile  of  the  person  or  persons  so  offending. 

ACTS  OF  THE  LEGISLATURE. 
Revised  Statutes  of  1870. 
Sec.  814.  Whoever  shall  steal  any  horse,  ass  or  mule,  shalL    Stealing 

,  horses,  asses 

suffer  imprisonment  at  hard  labor  not  less  than   one  year,  nor  or  mules. 
more  than  five  years. 

Sec.  815.  Whoever  shall  wantonh-  or  maliciously  kill  any  Malicious 
horse,  mule  or  iackass,  or  any  beast  of  the  cow  or  hog  kind,  or  a  5"!''"^  .°*  ,'^^^' 

'••'•'  &  '  tain  animals. 

dog,  the  property  of  another  person,  shall  be  lined  in  a  sum  not 
exceeding  two  hundred  dollars,  or  imprisoned  not  exceeding 
six  months,  and  shall  pay  to  the  owner  the  value  of  the  animal 
killed. 

Sec.  816.    Whoever  shall  wantonly  or  maliciously  cruelly  beat.       Beating  or 
maim  or  disable  any  of  the  animals  specified  in  the  foregoing  ^^^^1^'"^  a  n  1  - 
section  shall  be  fined  not  exceeding  one  hundred  dollars,  or  im- 
prisoned not  exceeding  one  month,  and  shall  pay  to  the  owner 
any  damage  he  may  sustain  in  consequence  thereof. 

Act  Xo.  U  of  1888. 

Defining  certain  misdemeanors  arising  out  of  cruelty  to  domestic 
or  domesticated  animals  and  prescribing  the  punishment 
therefor. 
Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  if  any  person  shall  overdrive,  overload,  torture, 
torment,  deprive  of  necessary  sustenance  or  unnecessarily  or  cruel- 
ly beat  or  mutilate  or  kill,  or  cause  or  procure  to  be  overdriven, 


108  ANIMALS  AND  BIRDS. 

overloaded,  tortured,  tormented  or  deprived  of  necessary  sus- 
tenance, or  to  be  unnecessarily  or  cruelly  beaten  or  mutilated  or 
killed  as  aforesaid,  any  domestic  or  domesticated  animal,  every 
such  offender  shall,  for  every  such  offence,  be  deemed  guilty  of  a 
misdemeanor  and  shall  be  punished  as  hereinafter  provided. 

Sec.  2.  Any  person  who  shall  impound  or  cause  to  be  im- 
pounded, in  any  pound  or  yard,  for  safekeeping,  sale  or  slaughter, 
or  shall  confine  in  any  stable,  shed  or  in  any  place  whatsoever, 
any  domestic  or  domesticated  animal,  shall  supply  the  same,  dur- 
ing such  confinement,  with  a  sufficient  quantity  of  good 
and  wholesome  food,  water,  and  give  to  such  animal  proper  at- 
tention, and  in  default  thereof  shall,  upon  conviction,  be  ad- 
judged guilty  of  a  misdemeanor. 

Sec.  3.  It  shall  be  unlawful  for  any  person  or  corporation,  en- 
gaged in  transporting  live  stock  on  railway  trains,  steamboats  or 
otherwise,  to  detain  such  stock  in  cars  or  compartments  for  a 
longer  continuous  period  than  twenty-four  hours  without  supplj- 
ing  the  same  with  necessary  food,  water  and  attention,  or  to  per- 
mit them  to  be  so  crowded  together  as  to  overlie,  crush,  wound 
or  kill  each  other ;  any  such  person  or  the  agent  of  such  cor- 
poration, on  conviction,  shall  be  guilty  of  a  misdemeanor  and 
shall  be  punished  as  hereinafter  provided:  provided,  nothing 
in  this  section  shall  apply  to  owners  or  officers  or  crews  of  water- 
craft  who  shall  be  detained  on  the  navigable  waters  of  this  State 
by  storms  and  prevented  by  bad  weather  from  reaching  port; 
provided,  nothing  in  this  act  shall  be  construed  to  applv  to  poultry 
shipped  on  steamboats  or  other  crafts. 

Sec.  4.  That  any  person  guilty  of  any  one  of  the  misdemeanors 
defined  or  set  forth  in  any  of  the  foregoing  sections  of  this  act 
shall,  on  conviction  thereof,  be  punished  by  fine  or  imprison- 
ment, or  both,  at  the  discretion  of  the  court,  which  fine  shall  not 
exceed  one  hundred  dollars  nor  the  imprisonment  three  months. 

Act  No.  107  of  1882. 

To  amend  and  re-enact  Section  1201  (twelve  hundred  and  one)  of 
the  Revised  Statutes  of  Louisiana,  with  reference  to  property 
in  dogs. 
Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana.  That  section  1201  (twelve  hundred  and  one)   of  the 
Eevised  Statutes  of  Louisiana  be  amended  and  re-enacted  so  as 
to  read  as  follows :  From  and  after  the  passage  of  this  act  dogs 
owned  by  citizens  of  this  State  are  hereby  declared  to  be  per- 
sonal property  of  such  citizens,  and  shall  be  placed  on  the  same 
guarantees  of    law  as  other  personal  property ;   provided,  such 
dogs  are  given  in  by  the  owner  thereof  to  the  Assessor. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  no  dog  shall  be  entitled 
to  the  protection  of  the  law  unless  the  same  shall  have  been 
placed  upon  the  assessment  rolls. 


ANIMALS  AND  BIRDS.  109 

Sec.  3.  Be  it  ftirther  enacted,  etc..  That  in  civil  actions  for  the 
killing  of  or  for  injuries  done  to  dogs  the  owner  can  not  re- 
cover beyond  the  amount  of  the  value  of  such  dog  or  dogs,  as 
fixed  by  himself  in  the  last  assessment  preceding  the  killing  or 
injuries  complained  of. 

Act  No.  19  of  1888. 

Relative  to  societies  for  prevention  of  cruelty  to  animals;  their 
organization;  their  officers,  members  and  agents  and  the 
fines  collected  in  prosecutions  instituted  by  them;  and  the 
duties  of  municipal  corporations  with  respect  thereto. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  any  number  of  persons  not  less  than  seven  shall 
have  the  power  to  form  themselves  into  a  corporation  for  the 
prevention  of  cruelty  to  animals,  in  the  same  manner  and  form, 
and  with  the  powers,  franchises  and  immunities,  and  under  the 
same  conditions  and  restrictions  now  provided  by  law  for  the 
organization  of  corporations  for  literary,  scientific,  religious  and 
charitable  purposes. 

Sec.  2.  Be  it  further  enacted,  etc..  That  whenever  such  cor- 
porations shall  have  been  organized  for  the  purpose  of  preven- 
tion of  cruelty  to  animals,  in  any  incorporated  city  or  town,  or 
in  any  parish  of  this  State,  it  shall  be  lawful  for,  and  the  duty  of, 
the  Mayor  of  such  city  or  town  and  the  police  jury  of  such  par- 
ish, respectivelj^  as  the  case  may  be,  to  appoint  and  commission 
as  special  police  officers  such  agents  as  such  corporation  for  the 
prevention  of  cruelty  to  animals  may  nominate;  and  such  agents 
being  so  commissioned  shall  have  the  usual  power  of  policemen 
and  peace  officers;  provided,  that  no  city,  town  or  parish  shall 
be  liable  hereunder  for  any  compensation  to  such  special  officers, 
and  it  shall  be  the  duty  of  the  police  force  of  all  incorporated  cities 
and  towns  in  the  State,  as  occasion  may  require,  to  aid  any  such 
corporation  for  the  prevention  of  cruelty  to  animals,  its  members 
or  agents,  in  the  enforcement  in  its  respective  locality  of  all  laws 
which  are  now  or  may  hereafter  be  enacted  for  the  protection  of 
dumb  animals. 

Sec.  3.*  Be  it  further  enacted,  etc..  That  it  shall  be  the  right  and 
duty  of  municipal  corporations  in  this  State  to  provide  by  ordi- 
nance for  the  punishment  of  cruelty  to  animals,  when  committed 
in  any  street,  park,  levee  or  other  public  ^place  in  the  limits  of 
such  corporation,  by  fine  or  imprisonment,  or  both,  as  a  police 
offence. 

Act  20  of  1888,  p.  23,  provides  penalties  for  landing  diseased 
animals  within  certain  limits  or  slaughtering  same  for  food. 

Act  60  of  1877,  E.  S.,  p.  100,  protection  of  game. 

Act  79  of  1882.  p.  101,  protection  of  game. 

Act  60  of  1879,  can  not  be  killed. 

Act  53  of  1894,  making  it  a  misdemeanor  to  hold,  hitch  or 
fasten  a  stallion  or  any  noisy  animal  near  any  place  of  public 
worship  or  Sunday  School. 

Act  84  of  1884,  p.  110,  hogs  at  large  on  levees  may  be  killed. 


110  APPROPRIATIONS. 

ARCHIVES— See  '^ Keepers.' 


APPROPRIATIONS. 

Limit  of  expen-     ART.    168.  The  Couiicil  shall  not,  under  any  pretext 

City"'charter,  whatcver,  appropriate  any  funds  for  the  government  of 
the  corporation  to  the  full  extent  of  the  revenues,  but 
shall  reserve  25  per  cent,  of  said  revenues,  which  reserve 
and  all  sums,  rights,  interests  and  credits  received  from 
miscellaneous  or  contingent  sources  shall  be  appropri- 
ated by  the  Council  for  the  purposes  of  permanent 
public  improvement,  as  herein  provided  for. 

Property  sub-  ART.  169.  That  all  real  and  personal  property  in  the 
tfon.  ^°  '*''^"  city  of  New  Orleans,  whether  owned  by  individuals  or 
^^'  ^'  ■  corporations,  shall,  for  the  purposes  of  this  act,  be  liable 
to  taxation,  subject  only  to  the  exemptions  in  the  Con- 
stitution of  this  State. 

One-  twelfth  Art.  170.  That  during  1883  and  thereafter,  in  the 
oV."no. 6512, matter  of  salaries,  wages,  contracts,  interests,  payrolls, 
1892.'  '  or  other  matters  capable  of  monthly  divisions,  it  shall 

not  be  lawful  to  ordinance  in  any  one  month  for  a 
greater  sum  or  proportion  than  one-twelfth  of  the 
amount  set  apart  for  such  objects  and  purposes  in  the 
annual  budget ;  provided,  that  in  any  of  the  departments 
where  there  is  or  may  be  a  surplus  remaining  over  from 
the  one-twelfth  division  of  the  preceding  month,  said 
surplus  may  be  used  in  any  following  month  to  make  up 
for  any  unforeseen  or  extraordinary  expenses  that  may 
occur  during  said  month.  The  object  and  intention  of 
this  ordinance  being  to  prevent  an  overdraw  in  any  of 
the  departments  of  the  city  at  the  end  of  4;he  fiscal  year. 
Art.  171.  That  all  ordinances  on  this  subject  matter 
be  and  the  same  are  hereby  repealed. 

ASSESSORS— BOARD  OF. 

Art.  172.  (3)  That  the  Governor  shall  appoint,  by 
and  with  the  consent  of  the  Senate,  seven  (7)  tax  assess- 
ors, one  from  each  municipal  district  of  the  parish 
of    Orleans,   and  for  their  service   shall  receive  each 


ASSESSORS,  111 

the  sum  of  twenty-five  hundred  dollars  ($2500)  per 
annum,  to  be  paid  monthly,  by  warrant  of  the  Auditor, 
out  of  the  treasury  of  the  State,  and  no  perquisites,  fees  One  tax  asses- 

in  T         mi  sor  for    each 

or  commission  shall  be  allowed.     The  present  assessors    municipal 

district  ot 

shall  hold  offtce  until  the  thirty-first  day  of  December,    parish  of  or- 

1  leans;    h  o  wr 

1892,  and  the  Governor  shall  appoint  their  successors    appointed 

.  -,      and  compen- 

f or  a  term  of  four  years.  The  assessors  so  appointed  sated;  term 
shall  constitute  a  Board  of  Assessors  for  the  parish  of 
Orleans,  and  shall  exercise  their  functions  jointly  in  the 
assessing  and  listing  of  property  in  and  for  the  parish 
of  Orleans,  The  board  shall  appoint  its  own  clerical 
force,  and  fix  their  pay  within  the  limits  prescribed. 
The  City  Council  shall  provide  a  suitable  room  in  the 
City  Hall  for  the  use  of  the  Board  of  Assessors,  and 
shall  appropriate  not  less  than  seventeen  thousand  five 
hundred  dollars,  nor  more  than  twenty  thousand  dollars, 
for  the  payment  of  said  clerical  force  and  contingent  ex- 
penses of  the  board,  not  including  such  blanks  as  are 
furnished  by  the  Auditor  under  the  existing  laws.  The 
clerical  force  of  the  Board  of  Assessors  shall  be  paid 
monthly  on  the  city  pay  rolls  under  instructions  from 
the  board. 

Art,  178,  (5)  That  each  of  the  said  Tax  Assessors    oaths   and 
for  the  parish  of  Orleans  shall  take  the  constitutional  sorsior°orie\^ns 
oath  of  office,  and  shall  execute  his  bond,  in  favor  of  the  ^^"^'^ 
Governor  of  the  State  of  Louisiana,  for  the  sum  of  five 
thousand  dollars,    with   solvent   sureties,  who  shall  be 
bound  in  solido  with  each  other  and  with   their   princi- 
pals,   but   each   surety  may  bind  himself  for  a  limited 
sum,    not   less   than    five  hundred  dollars.     Provided, 
the  aggregate    of    said   sums    shall   be    five    thousand 
dollars. 

Art,. 174,   (24)  That  in  the  parish  of  Orleans  all  the    Assessors  of 
assessors  in  and  for  the  said  parish,  who  are  hereby  con-  orleanYSnst^' 
stituted  a  Board  of  Assessors  for  said  parish,  shall  meettime'^  of'^mYel-' 
on   the   second  day  of  January   in  each  year,  or,  if  aan^'po^^ers,''^* 
holiday,  then  the  next  succeeding  day  not  a  holiday,  and 
daily  thereafter  until   the  assessments  shall   have  been 
completed  (Sundays  and  legal  holidays  excepted),  which 
shall  in  all  cases  be  done  on  or   before   the  first  day  of 


112  ASSESSORS. 

March  of  each  year ;  their  office  hours  are  hereby  fixed 
at  from  9  o'clock  a.  m.  to  4  o'clock  p.  m-.  ;they  shall  ob- 
tain the  original  lists,  and  shall  proceed  to  assess  the 
valuation  of  each  item  of  property  within  their  districts, 
and  it  shall  be  their  duty  to  place  a  valuation  thereon 
according  to  the  best  information,  knowledge  and  judg- 
ment they  possess,  to  the  end  that  the  actual  cash  value 
may  be  ascertained,  being  governed  by  the  proper  sys- 
tem of  equality  and  uniformity  in  assessment.  Any 
four  assessors  in  the  parish  of  Orleans  shall  constitute  a 
quorum  to  perform  the  duties  herein  prescribed.  If  a 
■  majority  of  the  assessors  in  the  parish  of  Orleans  can 
not  agree  upon  a  definite  valuation  of  any  item  of 
property,  then  an  average  of  all  the  valuation  placed 
thereon,  placed  by  the  several  members  present,  shall 
be  made,  and  said  average  shall  be  the  valuation 
placed  upon  said  items.  The  said  assessors  shall  give 
Notice  of  com-  uoticc,  by  ten  days'  publication  in  two  daily  journals, 
iists  to  be  immediately  upon  the  completion  of  the  assessment  of 
given  y  em  ^j^^  property  that  the  assessment  of  the  property  has 
been  completed,  and  the  estimated  valuation  made 
thereon,  and  the  said  lists  will  be  exposed  in  the  office 
of  the  Board  of  Assessors,  for  inspection  and  correction, 
for  a  period  of  ten  days,  beginning  next  after  first  in- 
^  .,  sertion  of  said  notice.  The  failure  of  any  of  said  officers 

Fa  1 1  u  r  e  to  '' 

perform   pre-  to  attend  and  perform  the  duties  herein  prescribed  shall 

scribed     duties  ^  ^ 

to  vacate  office  vacate  Ms  officc,  cxccpt  whcu  prevented  by  sickness 
quent  assessor,  or  othcr  Unavoidable  causes.  That  in  the  parish  of  Or- 
leans it  shall  be  the  duty  of  the  Register  of  Conveyances 
conveyan  ces;to  fumish,  without  payment  of  fee  being  required, 
weekly  to  the  Board  of  Assessors  a  copy  of  all  transfers 
of  property,  including  that  of  property  sold  to  others  or 
adjudicated  to  the  State  for  taxes,  as  well  as  acts  of  re- 
demption. All  transfers  of  property  must  be  accompanied 
by  a  diagram  of  the  square,  showing  the  property  con- 
veyed, for  the  proper  guidance  of  the  assessor.  It  shall 
further  be  the  duty  of  every  one  recording  a  judgment 
of  court  "  putting  in  possession  "  to  describe  the  prop- 
erty. 

Art.  175.  (26)  That  all  taxpayers   in   the  parish  of 


ASSESSORS.  115 

Orleans  shall  have  the  right  to  appear  before  a  standing .  Taxpayers  to 
Committee  on  Assessments  of  the  City  Council  of  New  standing  com- 
Orleans,  between  the  twenty-first  day  of  March  and  the  s e s s  m  ems 
tenth  day  of  April  inclusive,  of  the  year  in  which  the  city  counci 
assessments  are  made,  and   in   the  parishes  before  the  test  the  correct 
Board  of  Reviewers,  as  provided  for  in  this  act,  during  ments     befor 
the  sessions  of  said  board,  and  be  heard  concerning  the iustice. ""^  ^ 
.descriptions  of  the  property  listed  and  the  valuation  of 
the  same  as  assessed ;  and  they  shall  have  the  right  of 
testing  the  correctness  of  their  assessments  before  courts 
of  justice  in  any  procedure  which  the  Constitution  and 
laws  may  permit ;  but  the  action  to  test  such  correctness 
shall  be  instituted  on  or  before  the  first  day  of  Novem- 
ber of  the  year  in  which   the  assessment  is   made.     In 
all  suits  for  the  reduction  of  assessments  the  State  tax 
collectors   of    the   respective    parishes   shall    be   made 
parties. 

The  said  committee  on  assessment  shall  meet  on  the    Po.^^ers    and 

restrictions     of 

21st  day  of  March,  or  if  a  holiday,  then  or  the  next  sue- said  committee 

''  '  •/  '  on  assessments.. 

ceeding  day  not  a  legal  holiday,  in  the  city  of  New 
Orleans,  of  each  year,  to  consider  and  examine  into  the 
applications  of  those  owners  of  asisessed  property  who 
believe  the  assessors'  valuation  to  be  in  excess  of  and 
beyond  the  actual  cash  value  of  the  property  assessed. 
Said  committee  shall  determine  upon  said  applications, 
but  their  duties  are  confined  entirely  to  the  question  of 
valuation  and  description,  and  report  their  action  at 
once  to  the  City  Council  for  approval  or  rejection  ;  said 
report  to  contain  the  aflftdavit  of  a  majority  of  the  com- 
mittee that  the  valuations  so  fixed  are  the  valuations 
provided  by  law;  and  decision  by  the  Council  shall  be 
final,  unless  set  aside  in  accordance  with  Article 
No.  203  of  the  Constitution.  That  the  said  committee 
on  assessment  shall  be  and  are  hereby  empowered 
to  increase  any  assessment  imperfectly  or  improperly 
made;  provided,  that  before  said  increase  is  made  the 
taxpayer  be  served  with  notice  to  appear  before  said 
committee  within  three  days  and  show  why  such  in- 
creased assessment  should  not  be  made.  In  passing 
upon   any  application  for   reduction  in  valuation,  and 


114  ASSESSORS. 

before  determining  upon  any  increase  in  valuation,  the 
Board  of  Assessors  must  be  heard  in  reference  thereto, 
and  they  are  expected  to  be  present  at  all  sessions  of 
said  committee.  No  application  to  be  considered  by  the 
said  committee  unless  said  application  has  been  first 
made  to  the  board  and  refused.  In  all  cases  the  action 
of  said  committee  to  be  finally  reported  back  from  the 
Council  to  the  assessors  not  later  than  the  18th  of  April, 
or  the  revision  to  be  null  and  void. 

Assessment  Districts. 
First  Municipal  District. 
City    divided     Art.  176.  First  Assessment  District — Bounded  bv  the 

into     assess-  .    .  .  "         . 

ment   dis-  lower  side  of  Felicity  street  and  the  upper  side  of  Thalia 

tricts.  "^  '^^ 

Ord.  No.  135,  street ;  in  front  by  the  Mississippi  river  and  in  the  rear 
1870.^  '        'by  the  intersection  of  Felicity  and  Thalia  streets. 

Art.  177.  Second  Assessment  District — Bounded  by  the 
lower  side  of  Thalia  street  and  the  upper  side  of  St. 
Joseph  and  Delord  streets ;  in  front  by  the  Mississippi 
river  and  in  the  rear  by  Carrollton  avenue. 

Art.  178.  Third  Assessment  District — Bounded  by  the 
lower  side  of  St.  Joseph  and  Delord  streets  and  the 
upper  side  of  Poydras  street ;  in  front  by  the  Missis- 
sippi river  and  in  the  rear  by  the  limits  of  the  city. 

Art.  179.  Fourth  Assessment  District — Bounded  by  the 
lower  side  of  Poydras  street  and  the  upper  side  of 
Gravier  street ;  in  front  by  the  Mississippi  river  and  in 
the  rear  by  the  limits  of  the  city. 

Art.  180.  Fifth  Assessment  District — Bounded  by  the 
lower  side  of  Gravier  street  and  the  upper  side  of  Canal 
str-jet ;  in  front  by  the  Mississippi  river  and  in  the  rear 
by  the  limits  of  the  city. 

Second  Municipal  District. 

Art.  181.  Sijcth  Assessment  District — Bounded  above  by 
Canal  street  and  the  lower  limits  of  the  First  District ; 
below  by  St.  Louis  street ;  in  front  by  the  river  bank 
and  in  the  rear  by  Lake  Pontchartrain. 

AKY.  182.  Seventh  Assessment  District — Bounded  by  St 


ASSESSORS.  lib 

in  front  by  the 
river  bank  and  in  the  rear  by  Lake  Pontchartrain . 

Art.  183.  Eighth  Assessment  District — Bounded  above 
by  St.  Philip  street ;  below  by  Esplanade  street  and  the 
limits  of  the  Second  District ;  in  front  by  the  river  bank 
and  in  the  rear  by  Lake  Pontchartrain. 

Third  Municipal  District. 

Art.  184.  Ninth  Assessment  District — Bounded  above 
by  Esplanade  street  and  the  lower  limits  of  the  Second 
District ;  below  by  Mandeville  street ;  in  front  by  the 
river  bank  and  in  the  rear  by  Lake  Pontchartrain. 

Art.  185.  Tenth  Assessment  District — Bounded  above 
by  Mandeville  street ;  below  by  the  lower  limits  of  the 
«ity ;  in  front  by  the  river  bank  and  in  the  rear  by  the 
rear  limits  of  the  city. 

Fourth  Municipal  District. 

Art.  186.  Eleventh  Assessment  District — Bounded  above 
by  Toledano  street ;  below  by  Felicity  street ;  in  front  by 
the  river  bank  and  in  the  rear  by  Chestnut  street. 

Art.  187.  Tivelfth  Assessment  District — Bounded  above 
by  Toledano  street ;  below  by  Felicity  street ;  in  front  by 
Chestnut  street  and  in  the  rear  by  the  rear  limits  of  the 
city. 

Fifth  Municipal  District. 

Art.  188.  Thirteenth  Assessment  District — All  that  por- 
tion of  the  city  of  New  Orleans  situated  on  the  right 
bank  of  the  Mississippi  river  known  as  the  Fifth  Dis- 
trict. 

Sixth  Municipal  District. 

Art.  189.  Fourteenth  Assessment  District  —  Bounded 
above  by  Joseph  street ;  below  by  Toledano  street ;  in 
front  by  the  river  bank  and  in  the  rear  by  the  intersec- 
tion of  Toledano  and  Joseph  streets. 

Art.  190.  Fifteenth  Assessment  District  —  Bounded 
above  by  the  upper  limits  of  the  city;  below  by  Joseph 
street ;  in  front  by  the  river  bank  and  in  the  rear  by  the 
rear  line  of  the  Sixth  District. 


116  ATTORNEY — CITY. 

Seventh  Municipal  District. 

Art.  191.  Sixteenth  Assessment  District — Bounded  by 
Lowerline  street  and  Upperline  street ;  in  front  by  the 
Mississippi  river  and  in  the  rear  by  Lake  Pontahartrain. 

Taxation,  exemptions,  etc..  see  Constitution  of  the  State  of 
Louisiana.  Arts.  118,  176.  203,  204,  205,  203,  207,  208,  209,  210.  211, 
212,  213.  214  and  218. 

Delinquent  taxes.  Act  98  of  1882. 

Costs  and  penalties.  Act  22  of  1884. 

Postponement  of  payment  under  Art.  22  of  the  Constitution: 
Act  59  of  1884. 

As  to  taxes,  etc.,  see  Taxes  and  Revenue. 

Decisions. 

Valuation  of  property,  41  An.  1156. 

Assessors  liable  to  city  for  loss  from  want  of  ordinary  diligence,. 
11  An.  146. 

Assessment  must  be  objected  to  as  law  directs,  28  An.  417.  681 ; 
31  An.  475,  806;  32  An.  160;  35  An.  650;  41  An.  585. 

Assessment  sm'c^ijw*'«,  32  An.  235;  33  An.  1164;  31  An.  408; 
42  An.  374. 

In  wrong  name,  30  An.  175,  293;  32  An.  913;  34  An.  108:  35^ 
An.  1087. 

In  husband's  name,  32  An.  924. 

In  name  of  heirs.  34  An.  260. 

In  agent's  name,  33  An.  556. 

Improper  assessment,  33  An.  953;  42  An.  374. 


ATTORNEY— CITY. 

For  Collectiox  Delinquent  Taxes— See  Taxes. 
Employment  of  Assistant  Clerks — Organization. 
Impeachment — See  City  Charter,    Sec.  58. 
Tax  Bureau — See  Taxes. 

ci"y'  ^Charier,  ^RT.  192.  The  City  Attorney  shall  be  the  legal  adviser 
Sec.  27.  q£  ^jj^g  corporation  on  all  matters  in  which  his  advice  may 
be  necessary,  and  represent  said  corporation  within  the 
State  in  all  judicial  proceedings,  suits,  actions  and  con- 
testations in  which  it  may  have  an  interest  as  hereinafter 
provided.  No  extra  compensation  or  fee  shall  be  allowed 
him,  and  no  attorney  shall,  in  any  case,  be  appointed  to 
assist  him,  unless  by  a  vote  of  two-thirds  of  the  mem- 
Saiary.  bers  present  of  the  Council.  He  shall  receive  a  salary 
of  three  thousand  five  hundred  dollars  per  year.  He 
shall  have  the  appointment  of  all  assistants  or  assistant 
counsel  that  the  the  Council  may  allow  him.  He  shall 
be  appointed  by  the  Council  for  the  term  of  four  years. 


ATTORNEY — CITY.  117 

Art.  193.  (4)  He  shall  draft  such  ordinances  as  may  be  Draft  ordi- 
reqnired  of  him  by  either  board  of  the  Common  Council,  ord."  no.  1448, 
or  any  committee  thereof.  1854.*^      ^° ' 

Art.  194.  (5)  He  shall,  when  required  by  the  Mayor,  Prepare  docu- 
Treasurer,  Comptroller  or  Surveyor,  prepare  any  bond,  '"""  *'  ib. 
contract  or  other  document  required  by  either  of  said 
officers ;  shall  inspect,  previous  to  being  executed,  all 
accounts  or  contracts  to  be  made  by  the  corporation  ;  and 
shall  require  that  the  interests  of  the  city  be  protected 
therein  by  proper  and  fitting  conditions  and  gpecifica- 
tions. 

Art.  195.  (6)  He  shall  keep  in  proper  books  a  record  of  Keep  records  of 
all  actions  prosecuted  and  defended  by  him,  and  all  pro-  ''*="°°*' ^^^j-j^ 
ceedings  had  therein ;  shall,  whenever  a  judgment  shall 
be  rendered  against  the  city,  report  the  same  forthwith 
to  the  Mayor  and  to  the  Council,  and  whenever  said 
judgment  may,  in  his  opinion,  be  erroneous,  appeal  the 
same,  if  the  same  be  appealable. 

Art.  196.  (7)  He  shall,  immediately  upon  the  recovery  Payment   of 
of  any  debt  due  the  corporation ,  forthwith  pay  the  amount    """"^y^-    jj, 
thereof  into  the  city  treasury,  stating  the  nature  of  the 
debt,  the  person  against  whom,  and  amount  and  time  of 
recovery. 

Art.  197.  (9)  The  salary  paid  the  City  Attorney  shall  Salary, 
be  a  full  compensation  for  all  services  rendered  to  the 
corporation,  or  any  officer  thereof;  and  no  fee  or  extra 
compensation  shall  in  any  case  be  paid  him. 

Art.  198.  (10)  He  shall,  upon  the  expiration  of  his  Duties  at  end  of 
term  of  office  or  removal  therefrom,  or  resignation  there-  ^""''  ib. 
of,  forthwith,  on  demand,  deliver  to  his  successor  in  office 
all  papers,  deeds  or  contracts  in  his  hands,  belonging  to 
the  corporation  or  delivered  to  him  by  any  officer  of  the 
corporation,  and  all  papers  in  actions  or  proceedings 
prosecuted  or  defended  by  him  and  then  pending  or 
undetermined,  together  with  his  books  of  record  thereof 
and  of  the  proceedings  therein. 

Art.  199.  That  whenever  a  bill  of  costs  shall  be   pre-  bius  of  costs, 
sented  for  payment  to  the  city  by  the  sheriff,  clerks  of  ° Apru  °o,  1858.' 
courts,  justices  of   the   peace  and   constables,  and  that, 
after  due  and  proper  consideration  thereof,  said  bills  of 


118  ATTORNEY — CITY. 

cost  shall  be  found  correct  and  approved,  it  shall  be  the- 
duty  of  the  before-named  offivjers   respectively,  besides 
the  general  receipt  given  by  them  on  said  bills,  to  enter 
upon  their  books  of  costs  in  each  and  every  suit,  a  sep- 
arate receipt  in  their  own  handwriting,  acknowledging 
payment  from  the  city  of  the  amount  of  costs  thus  ap- 
proved as  aforesaid,  to  be  paid  to  them. 
Du  y  of  citv     Art.  200.  It  shall  be  the  duty  of  the  City  Attorney  and 
assistants^"   of  the  Assistaut  City  Attorney  to  certify  that  the  afore- 
'  said  formality  has  been  faithfully  complied  with,  accord- 
ing to  the  suits  belonging  to   their   respective   depart- 
ments. 

Art.  201.  The  Comptroller  shall  not  warrant  in  favor 

Duty  of  Comp- 
troller, of  the  before-named  officers,  unless  the  City  Attorney  or 

Assistant  City  Attorney  certify,  across  said  bill  of  costs 

or  accounts,  that  the  formalities  as  aforesaid,  of  giving 

another  receipt  on  their  books  in   each  suit,  has  been 

complied  with. 

For  his  duties  as  to  Insane  Persons,  see  "  Almshouses,"  etc. 

For  his  duties  as  to  Opening  Streets,  see  "  Streets."' 

See  City  Charter. 

To  Collect  Bonds.  Acts  1835,  p.  179. 

Also  Act  18.37.  No.  104,  p.  98.    Approved  March  13. 

See  State  vs.  Harris,  3  An.,  p.  67. 

See  State  vs.  Harris,  2  An.,  p.  516. 

ASSISTANTS. 

City  Attorney's     Art.  202.    (1)  That  the   City  Attorney  be   and  he 
ord.    iSo.*  34,  is  hereby  authorized  to  appoint  and  employ  three  assist- 
Amended    b  y  auts,   who  shall   be  practising   lawyers,  to  render  ser- 
c.  is,,  jjov.l  vices  as  such,  and  aid  and  assist  the  City  Attorney,  at 
his  request  and  under  his  direction,   in  all  matters  of 
litigatioQ,  legal  advice,    preparation  of  ordinances,  etc., 
embraced  in  the  duties  prescribed  by  law  for  the  City  At- 
torney.    They  shall  receive  an  annual  salary  of  twenty- 
four  hundred  dollars  each,    payable  monthly,  and   hold 
employment  at  the  will  of  the  City  Attorney ;  and  to  ap- 
point  one   assistant,   as  clerk,  at  an  annual  salary  of 
eighteen    hundred    dollars  ($1800),    payable   monthly, 
whose  duty  it  shall  be  to   keep  the  books,   dockets   and 
records  of  the  office ;  he  shall  also  be  an  attorney  at  law 
and  render  service  as  such  in  the  courts  when   required 


ATTORNEY — CITY.  119- 

to  do  SO  by  the  City  Attorney,  and  he  shall  be  styled 
Clerk  and  Assistant  City  Attorney. 

Art.  203  (1).  That  the  City  Attorney  be  and  he  is  ^^^jf,'-^^^';*^^^  Vf 
hereby  authorized  to  appoint  and  employ,  in  addition  to    f^^^J'^ndn- 
the  one  already  appointed,  an  assistant  who  shall  be  a^^l^^No.  2988, 
practising  lawyer,  whose  principal  duty  it  shall  be  to    fgsl''^'""^^' 
take  charge  of  "the  collection  of  delinquent  taxes  and 
licenses  and  render  services  as  such  and  aid  and  assist 
the  City  Attorney,  at  his  request  and  under  his  direction, 
in  all  matters  of  litigation,  legal  advice,  preparation  of 
ordinances,  etc.,  embraced  in  the  duties  prescribed  by 
law  for  the  City  Attorney.     He  shall  receive  a  monthly 
salary  of  $200  and  hold  employment  at  the  will  of  the 
City  Council. 

Art.  204.  That  in  all  cases,  where  injunctions  granted  ^  bJnd""^^'""' 
against  the  city  or  its  officers  are  dissolved,  the  ^^ity  ^ j'^an^ar  Itlt 
Attorney,  in  his  department,  and  the  Assistant  City 
Attorney,  in  his  department,  be  authorized  to  institute 
suits  on  the  injunction  bonds  to  recover  damages,  when- 
ever, in  the  opinion  of  these  officers,  the  injunctions 
were  issued  without  legal  cause. 

Art.  205.  That  the  Assistant  City  Attorney  be  and  he  Not  to  sue  in 
is  hereby  instructed  not  to  place  any  claim  of  the  city  in  oi-dL  "No^TTioi 
suit  in  any  court  where  the  justice  or  clerk  of  the  court     "  y^''  ^7- 
have  failed  to  furnish,  weekly,  full  and  prompt  returns 
of  moneys  collected  by  them  ;  and  the  Assistant  Attor- 
ney is  further  instructed  to  report  weekly  to  the  Council 
or  the  Finance  Committee  any  such  delinquency  of  any 
officer   of  court   receiving   money  for   account  of   this 
coi-poration. 

Art.  206.  That  the  Assistant  Attorney  be,  and  he  is  canceling  ot 
hereby  authorized,  in  all  cases  when  he  shall  be  satis-  ord.'^fiol'^iie. 
fled  by  proper  evidence  that  the  persons  against  whom 
judgments  have  been  rendered  in  favor  of  the  city  for 
taxes  were  not  owners  of  property  assessed  to  them,  to 
cause  said  judgments  to  be  canceled,  and  that  he  be  re- 
quired to  keep  a  record  of  all  such  cases,  which  shall  be 
presented  to  the  Treasurer,  together  with  his  reports  of 
collections. 

Art.  207.  The  Assistant  City  Attorney  is  hereby  di- 


120  AUCTIONS  AND  AUCTIONEERS.. 

Recording    of  rected  to  cause  to  be  recorded  the  iudffinents  in  favor  of 

judgments.  w         ct 

Ord.  No.  ii76,tne  City  of  araoants  of  ten  dollars  and  upward,  and  that 
the  Treasurer  be  and  he  is  hereby  authorized  to  pay, 
on  the  warrant  of  the  Comptroller,  fifty  cents  for  each 
insertion  of  said  judgments  by  the  Recorder  of  Mort- 
gages. 

Impeachment — See  City  Charter^  Sec.  58. 

Taxes — See  Tax  Bureau. 

'     -  Act  No.  44  of  1894. 

Prohibiting  certain  oflficers  from  appearing  as  attorneys. 

Amending  Section  117,  K.  S. 

Sec.  117.  JSTo  judge,  justice  of  the  peace,  clerk  or  deputy 
clerk,  sheriff  or  deputy  sherift,  constable  or  deputy  constable  of 
any  court  in  this  State  shall  appear  or  plead  as  attorney  for  any 
other  person  in  any  court  in  this  State  in  any  cause  whatever; 
no  police  commissioner,  police  officer  nor  recorder,  whether  in 
any  incorporated  city,  town  or  parish  in  this  State,  shall  appear 
or  plead  as  attorney  for  any  other  person  in  any  recorder's  or 
criminal  court  in  any  cause  whatever  before  said  recorder  or 
criminal  courts,  and  no  assistant  recorder  or  recorder  pro  tern, 
shall  appear  or  plead  as  attorney  for  any  other  person  in  or 
before  the  recorder's  court  wherein  they  officiate  as  recorder  pro 
tern,  or  assistant  recorder,  either  directly  or  indirectly,  in  their 
own  name  or  that  of  persons  interposed ;  and  any  person  violat 
ing  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor 
and  on  conviction  tliereof  shall  be  imprisoned  not  less  than  six 
months,  fined  not  less  than  one  hundred  nor  more  than  five  hun- 
dred dollars,  be  removed  from  office;  if  an  attorney  at  law  have 
his  license  canceled  and  be  forever  afterward  incapable  of 
appearing  and  practising  as  an  attorney  at  law  in  any  court  of 
this  State. 

Decisions  :    Duties  and  emoluments.     14  An.  330. 


AUCTIONS  AND  AUCTIONEERS. 

ACTS  OF  THE  LEGISLATURE. 

An  Act  Relative  to  Auctioneers. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 

M  a  nn  er    o  f  ^^-j-gg  of  the  State  of  Louisiana,  in  General  Assembly  convened.  That 

act   as    auc-  any  citizen  of  the  State  may  become  an  auctioneer  for  the  parish 

tioneer.  .^  which  he  is  a   qualified  voter,  and  be  authorized   to  sell   any 

.   real  or  personal   property  at  public   auction,  upon  giving  bond 

and  security,  according  to   law,  and  taking  the  oath   prescribed 

by  law. 


AUCTIONS  AND  AUCTIONEERS.  121 

-  Sec.  2.  Be  it  further  enacted^  etc..  That  before  entering  on  the  Bond  of  auc- 
discharge  of  his  duties  he  shall  execute  his  bond  according  to  Pioneers. 
law.  with  good  and  solvent  securities,  conditioned  for  the  faithful 
performance  of  all  the  duties  required  by  law,  toward  all  persons 
who  may  employ  him  as  auctioneer;  and  for  the  prompt  pay- 
ment of  the  taxes  or  commissions  payable  to  the  State,  and  of  all 
the  sums  which  he  shall  receive  in  his  official  capacity,  belong- 
ing to  other  persons. 

Sec.  3.  Be  it  further  enacted,  etc..  That  the  bonds   given   shall 
be  in  the  following  amount:  Ten  thousand   dollars   for  the   city    bonds. 
and  parish  of  Orleans,  and   two   thousand  dollars   for   theT  other 
parishes  of  the  State. 

Sec.  4.  Be  it  furthzr  enacted,  etc.,    That  every  auctioneer   shall  License     from 
take  out  an  annual  license  from  the  Auditor  of  Public  Accounts    ■^"'''*<*''* 
authorizing  him  to  do  and  perform  all  the  business  properly  be- 
longing to  an  auctioneer. 

Skc.  o.  Be  it  further  enacted,  etc.,    That  no  person  shall   act  as  Certain   p  e  r- 

,       .     .     ,  ,  sons  disqual- 

an  auctioneer  who  is  indebted  to  the  State  or  any  municipal  cor-    ified     t  r  o  m 
poration  for  any  tax  as  an   auctioneer,  or  any  license  or  commis-     ^onefrs?  ^"*^ 
sion,  which  he  has  neglected  to   pay  after  final  judgment  ren- 
dered against  him  therefor. 

Sec.  6.  Be  it  further  enacted,  etc..  That  no  other  person  than  an  Who   may  ex- 
auctioneer,  or  a  civil  officer  acting  under  the  authority  of  some    bus'ines^s  ^  of 
court  of  the  United  States  or  of  this  State,  or  the  legal  represent-     auctioneer, 
ative  of  a  succession  of  minors,  or  the  sheriff,  when  there  is  no 
auctioneer  in  the  parish,  shall   exercise  the  trade  or  business  of 
an  auctioneer,   by  selling  or  offering  for  sale  at  auction,  any 
property,  real  or  personal,  within  this  State,  under  a  penalty  of    Penalty, 
five  hundred  dollars  for  each  offence,  one-half  of  the  penalty  to 
the  informer,  when  recovered. 

Sec.  7.  Be  it  further  enacted,  etc..  That  all  property,  rights  orpg^  centum  to 
credits,  which  shall  be  sold  at  public  auction  or  at  private  sale     '^^    P'^''^    «" 

,  properly   sold 

by  any  auctioneer  (except  such  as  are  or  may  be  exempted  by     at  auction, 
law),  shall  be  subject  to  a  duty  of  one-half  of  one  per  centum  of 
the  value  or  price  at  which  it  shall  be  sold,  to  be  paid  by  the 
person  who  shall  sell  the  same,  to  be  subject,  each  and  every 
time  it  shall  be  stricken  off,  to  duties  at  the  above  rates. 

Sec.  8.   Be  it  further  enacted,  etc..   That  any  auctioneer  who  Auctioneer    in 
shall  neglect  to  pay  into  the  State  treasury  the  duties   required     to'^forFeirifis 
by  law  upon  auction  sales  made  by  him,  shall  forfeit  his  license;     license. 
and  in  case  he  refuse  to  return  the   same,  the  Auditor  of  Public 
Accounts  shall   give  public  notice  in  the  official   gazette  of  the 
cause  for  which  the  license  of  such  auctioneer  has  been  forfeited, 
and  that  his  license  has  been  withdrawn  from  him. 

Sec.  9.  Be  it  farther  enacted,  etc..  That  every  auctioneer  in  the  Quarterly  ac- 
city  of  New  Orleans  shall  make  out  in  writing  a  quarterly  ac-  rendered  by 
count,  dated  on  the  last  days  of  March,  June,  September  and  fn"'^^ew"or! 
December,  and  shall  therein  state  minutely  and  particularly :  leans. 


122  AUCTIONS   AND    AUCTIONEERS. 

First.  The  sums  for  which  any  goods  or  effects  shall  have  beerk 
sold  at  every  auction  held  by  him  from  the  date  of  his  last  quar- 
terly account. 

Second.  The  days  on  which  sales  were  made,  and  the  amount 
of  each  day's  sale. 

Third.  Th,e  amount  of  all  private  sales  made  by  himself  or  any 
of  his  partners  in  commission,  and  the  days  on  which  such  sales 
were  made. 

Fourth.  The  amount  of  duties  chargeable  on  all  sales,  public  or 

private,  mentioned  in  the  account. 

Annual    state-      Sec.  10.  Be  lY/io'^/ier  e?iacfed,  f^c.  That  the  auctioneers  through- 

made  b'°   ^^  ^^^  ^^®  State,  those  in  the  parish  of  Orleans  excepted,  shall  settle 

tioneers      in  their  accounts  with  the  Treasurer  annually. 

ishes.  ^^^^^'     Sec.  11.  Be  it  further  enactHl.  etc.,  That  every   such  account, 

.  ,   ^   ,    within  ten  daj^s  after  the  day  on  which  it  is  dated,  shall  be  ex- 

Accounts  to  be  •'  •' 

audited  by  hibited  to  the  Auditor  of  Public  Accounts,  who  is  required  ta 
itor,  g^yjji,.  jjj  ^jjg  ^.jj-y.  qj  Xew  Orleans  the  accounts  of  any  auctioneer 
of  that  parish,  and  charge  a  fee  of  five  dollars  therefor;  and  every 
auctioneer  exhibiting  an  account  shall  take  the  following  oath 
before  the  Auditor,  and  auctioneers  of  the  rest  of  the  State  shall 
take  it  before  any  Justice  of  the  Peace  of  the  parish  in  which  they 
are  authorized  to  exercise  their  functions : 
„  ^,      ^       ^       "  I  do  solemnly  swear  (oraflirm)  that  the  account  exhibited  by 

Oath       to       be  j  \  /  j 

taken  by  auc-  me,  and  to  which  I  have  subscribed  my  name,  contains  a  just  and 
tioneers.  ^^^^  account  of  all  property  of  every  description,  sold  or  struck 
off  at  public  sale,  or  sold  by  me  at  private  sale  on  commission, 
whether  subject  to  duty  or  not,  and  the  day  on  which  the  same 
were  respectively  sold;  that  I  have  examined  the  entry  of  all  sales 
mentioned  in  said  account,  in  the  book  kept  by  me  for  that  pur- 
pose, and  fully  believe  this  account  to  be  in  all  respects  correct.'' 

_  ^,  ,    ^  Sec.  12.  Be  it  further  enacted,  etc..  That  such  oath  shall  be  re- 

Oath  to  be  re-  •'  ' 

d  u  c  e  d     to  duced  to  writing,  be  endorsed  on  the  account,  and  be  subscribed 

Duties  "fhen  to  ^3'  ttie  auctioneer  taking  it ;  and  every  auctioneer  of  the  parish 

be  paid  into  of  Orleans,  within  ten  days  after  he  shall  have  exhibited  his  ac- 

tre.asury, 

count  as  aforesaid,  shall  pay  for  the  use  of  the  State,  into  the 

treasury  thereof,  the  duties  accrued  on  the  sales  mentioned  in  the 

account. 

Sec.  13.  Be  it  further  enacted,  etc.,  That  every  auctioneer  who, 

Affi  lavit  to  be  within  the  period  limited  for  his  accounting,  shall  have  made  no 

maae  by  auc-  ° 

tioneer  in  salcs,  public  Or  private,  of  any  property,  real  or  personal,  liable 
^n  a'^d  e^  n^o  ^o  auction  duties,  shall  make  and  subscribe  an  affidavit  of  those 
sale-,  facts  before  the  Auditor  or  justice  of  the  peace. 

Miinasre  allow-  '^^^-  ^^-  ^^  it  further  enacted,  etc..  That  in  addition  to  the  num- 
e  d  auction-  ber  of  daj's  allowed  by  the  law  within  which  auctioneers  are  re- 
quired to  render  their  accounts  and  make  paj' ment  of  commis- 
sions to  the  Treasurer,  they  shall  be  entitled  to  one  dollar  for 
every  twenty  miles  of  distance  from  the  seat  of  government  to- 
the  parish  site  of  their  respective  parishes. 


AUCTIONS  AND  AUCTIONEERS.  125 

Sec.  15.  Bp  it  farther  enacted.,  etc.,  That  it  shall  be  the  duty  of  Provisions  rel- 
everj'    auctioneer    who    shall    offer    for   sale  jewelry,    of    any    sale^o/°jew- 
kind  or  description,  to  announce  to  the  persons  present,  in  a  loud    eiry  by  auc- 
voice,   whether  the  same  be  gold,  silver  or  base   metal,  before 
proceeding  to   sell  the   same ;  also,  whether   the  article  offered 
is  to  be  sold  bj*  the  lot  or  by  the  piece,  and  if  by  the  piece,  the 
number  of  pieces.     Every  auctioneer  who  shall  offer  for  sale  any 
jewelry,  without  first  making  such  announcement,  shall,  on  con- 
viction thereof,  pay  a  tine  of  not  more  than  one  hundred  dollars 
nor  less  than  fifty  dollars  for  each  offence,  and  said  sale  shall  not 
be  binding  on  the  bidder. 

Sec.  16.  Be  it  further  enacted,  etc..  That  it  shall  be  the  duty  of  g^jg  ^j  ^.^igyy 
every  auctioneer,  before  he  shall  proceed  to  sell  any  cutlery,  t-y  auction - 
whether  in  a  box  or  on  a  card,  to  state  whether  it  is  to  be  sold  by 
the  piece  or  in  gross,  and  if  by  the  piece,  the  number  of  pieces 
offered  for  sale ;  and  every  auctioneer  who  shall  neglect  or  refuse 
to  announce  the  same  shall  pay  a  fine  of  not  more  than  one  hun- 
dred dollars  nor  less  than  fifty  dollars,  and  the  sale  shall  not  be 
binding  on  the  purchaser. 

Sec.  17.  Be  it  further  enacted,  etc..  That  the  purchaser  at  an  Rjght  of   pur- 
auction  sale  of  any  watch,  plate  or  jewelry  shall  have  the  right    chaser  to  re- 
to  return  it  to  the  auctioneer  at  any  time   within  twenty-four     a"r t i  c^  e'^s^to 
hours  from  the  day  of  the  sale,  if  the  watch,  plate  or  jewelry  be     auctioneer, 
not  of  the  quality  represented   to  him,  and  the  auctioneer  shall 
return  to  the  purchaser  the  price  of  the  article;  should  he  re- 
fuse to  do  so  he  shall  forfeit  his  license  and  be  liable  to  a  fine  of 
five  hundred  dollars. 

Sec.  18.  Be  it  further  enacted,  etc.,  That  any  auctioneer  who  Relative  to 
shall  exhibit  and  offer  for  sale  at  auction  any  article  setting  forth  ^^^^  b  i  d  - 
its  value  and  character,  and  through  the  aid  of  mock  bidders  in- 
duce its  purchase  by  a  real  bidder  and  who  shall  afterward  sub- 
stitute any  article  in  lieu  of  that  offered  to  and  purchased  by  the 
bidder,  shall,  on  conviction  thereof,  be  lined  and  imprisoned  at 
the  discretion  of  the  court,  and  any  mock  bidder  at  any  auc- 
tion sale  so  made  shall  suffer  the  like  penalty. 

Sec.  19.  Be  it  farther  enacted,  etc..  That  it  shall  not  be  lawf ul  a  u  c  t  i  o  neers. 
for  any  person  acting  as  auctioneer,  to  purch^e,  either  directly  ? /om'pu^r- 
or  indirectly,  any  property  at  a  sale  made  by  him,  and  any  such  chasing  a  t 
sale  shall  be  null  and  void.  sales. 

Section  20  is  amended  as  follows : 

Be  it  further  enacted,  etc.,  That  section  20,  of  the  act  rela- 
tive to  auctioneers,  approved  March  12,  1855,  be  and  the  same  is 
hereby  amended  and  re-enacted  so  as  to  read  as  follows  :  That 
auctioneers  shall  make  in  person,  or  by  agents  appointed  by  them, 
all  sales  advertised  by  them;  provided,  that  no  auctioneer  shall 
have  the  privilege  of  appointing  more  than  one  such  deputy  or 
agent,  except  in  the  parish  of  Orleans,  where  the  auctioneers 


124  AUCTIONS  AND   AUCTIONEERS. 

shall  each  have  the  privilege  of  appointing  two  such  deputies  or 
agents;  that  every  agent  of  said  auctioneers  shall  be  constituted 
such  by  power  of  attorney  passed  before  a  notary  public  of  the 
parish  in  which  said  auctioneers  exercise  their  functions:  and  to 
said  sectional  act  the  surety  or  sureties  of  said  auctioneer  shall 
be  parties,  and  shall  give  his  or  their  consent  to  the  appointment 
of  said  agent  or  agents,  while  said  consent  shall  prevent  the  said 
sureties  from  pleading  any  exemption  from  said  responsibility  on 
the  bond  of  said  auctioneer  in  consequence  of  any  appointment 
made  under  the  provisions  of  the  act. 

Restrictions  as     Sec.21.  Be  it  further  enacted,  etc.,  That  no  auctioneer  in  the  city 

to  the  places  •'  '  •' 

of  a  u  c  t  i  o  n  of  Xcw  Orleans  shall,  at  the  same  time,  have  more  than  one  house 
^^  "'  or  store  for  the  purpose  of  holding  his  auction  of  dry  goods  sales, 

and  one  for  the  purpose  of  holding  his  grocery  sales.  He  may 
sell  at  different  exchanges  in  the  city  or  at  private  stores,  when 
called  upon  to  do  so  by  the  owners,  any  kind  of  movable  or  im- 
movable property.  He  may  sell  in  the  public  streets  or  on  the 
r  levee  all  goods  sold  in  original  packages  as  imported,  household 

furniture,  and  such  bulky  articles  as  are  usually  sold  at  such 
places.  And  every  auctioneer,  on  the  first  day  of  November  of 
each  year,  shall  designate,  in  a  writing  signed  by  him.  such 
house  or  store,  and  shall  also  name  therein  the  partner,  if  any, 
engaged  with  him  in  business,  and  shall  deposit  the  writing  or 
declaration  with  the  Auditor. 

Percentage  to  gg^.  22.  Be  it  further  enacted,  etc..  That  no  auctioneer  shall  de- 
be  paiu  auc  •'  '  ^ 

tioneers.  inand  or  receive  a  higher  compensation  for  his  services  than  a 
commission  of  two  and  a  half  per  cent,  on  the  amount  of  any  sale, 
public  or  private,  made  by  him.  and  on  sales  of  succession  prop- 
erty, of  property  belonging  to  minors,  or  in  which  they  may  be 
interested,  and  on  property  surrendered  by  insolvents,  made  pur- 
suant to  an  order  or  decree  of  any  court  of  the  State,  by  the 
sheriff  or  an  auctioneer,  upon  all  sums  under  twenty-live  hundred 
dollars  one  per  cent,  and  on  all  sums  over  that  amount  one-half 
of  one  per  cent.  In  all  sales  made  by  the  representatives  of  a 
succession  or  syndic  of  an  insolvency  they  shall  charge  no  com- 
mission. 

Sec.  23.  Be  it  further  enacted,  etc..  That  all  laws  or  parts  of  laws 
conflicting  with  the  provisions  of  this  act,  and  all  laws  on  the 
same  subject  matter,  except  what  is  contained  in  the  Civil  Code 
and  Code  of  Practice,  be  repealed. 

Acts  of  1855,  p.  106. 

Auditor  to  re-  It  shall  also  be  the  duty  of  the  Auditor  to  require  all  auc- 
n""ne^rs^"of  ti<^°66^s  in  the  city  of  Xew  Orleans  to  keep  in  a  book,  to  be 
the  c.ty  of  provided  at  their  expense  and  to  be  hv  the  said  Auditor  numbered 
to  keep  ac-  from  the  first  to  the  last  page,  a  correct  and  true  account  of  all 
sai"e"s'1n°a  ^^^^^  made  by  them  from  day  to  day,  showing  the  date  of  each 
book.  sale,  the  name  of  the  seller  and  buyer,  and   the  amount  of  the 


AUCTIONS   AND   AUCTIONEERS.  125 

sale;  to  call  as  often  as  lie  may  deem  proper  on  any  auctioneer 
and  require  the  production  of  any  books  or  accounts  kept  by  him 
in  the  ordinary  course  of  his  business  as  such:  to  examine  and 
compare  with  the  books  the  account  to  be  rendered  by  all  auc- 
tioneers, and  certify  the  same  under  his  hand;  to  copy  into  a 
book  to  be  kept  bj^  him  the  account  so  examined,  and  mention 
the  day  on  which  it  was  presented. 

An  Act 

Relative  to  Auctioneers'  Bonds. 
The  ahove  act  is  amended  as  follows: 

Sec.  1.  Be  it  enacted^  etc..  That  hereafter   all   bonds  required  Auctioneers' 
under  existing  laws  to  be   given  by  auctioneers   shall  be  for  the     bonds    for 
term  of  two  years  from  the  date   they  mar   be   approved  by  the     years, 
proper  officer  to  approve  such  bonds;   and  such  bonds  shall  not 
offset  any  sureties  thereon,  except  for  acts  of  the  principal  during 
the  time  for  which  such  bonds  were  executed. 

Sec.  2.  Be  it  further  enacted,  etc..  That  within  twenty  days  after  Expurgation  of 
the  passage  of  this  act,  in  the  parish  of  Orleans,  and  within  sixty    •""" 
days  after  the  passage  of  this  act,  in   the   other   parishes  of  tliis 
State,  all  auctioneers'  bonds  at  present  in  force  shall  be  deemed 
to  expire,  and  the  sureties  thereon  shall  not  be  liable  on  any  such 
bonds  for  any  act  of  the  principal  in  said  bonds,  after  the  date  of 
their  expiration  as  provided  by  this  act. 
Act  No.  45  of  1869.    Approved  February  2". 

An  Act 

Relative  to  Judicial  and  Other  Sales  made  at  Public  Auction. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  liepresenta-  Statement     in 

tives  of  the  State  of  Louisiana,  in  General  Assembly  convened,  That     of^d^me^and 

in  all  auction  sales  made  by  sheriffs,  auctioneers  or  others  au-     place  of  ad- 
vertising', 
thorized  to  sell  at  public  auction,  which  are  required  by  law  to 

be  preceded  by  advertisement,  it  shall  be  the  duty  of  the   officer 

making  the  sale,  in  his  proces  verbal  or  act  of  sale,  to  state  the 

manner,   time  and  place  of  making  such  advertisements;  which    siatement"*^'^ 

statement,  when  so  made,  shall  be  proof  of  the  manner,  time  and 

place  of  making  the  advertisement. 

Sec.  2.  That  when  any  question  shall  arise  out  of  any  public  proof  of  sale  to 
sale,  made  by  any  person  authorized  to  sell  at  public   auction,    hepritna/acie 
which  sale  was  required  by  law  to  be  preceded  by  advertisement,     legal    adver- 
the  sale   being  proved,  it  shall  be  prima  facie  evidence  that  the    *'**='"^°t- 
legal  advertisements  were  regularly  made. 

Sec.  3.  That  if  any  person  authorized  by  law  to  sell  at  public  Responsibility- 
auction  shall  fail  to  advertise  as  required   by  law  he  shall  be  per-     advertise, 
sonally  liable  for  all  damages  which  may  result  therefrom. 

Sec.  4.  That  all  informalities   connected  with  or  growing  out 
of  any  public  sale,  made  by  any  person  authorized  to  sell  at  pub- 


126  AUCTIONS  AND   AUCTIONEERS. 

Prescription  lie  auction,  shall  be  preseribed  against  by  those  claiming  under 
f  or  m*a  1  iUes  ^"^^  ^^^^^  ^^^^^  ^^^  lapse  of  five  years  from  the  time  of  making  it, 
growing    out  whether  against  minors,  married  women  or  interdicted  persons. 

of  public  sale,  ° 

Sec.  5.  That  all  property,  real  and  personal,  sold  at  auction, 

shall  in  all  cases  be  struck  off  to  the  highest  bidder,  except  such 

as  may  be  limited,  which  shall  be  announced  by  the  auctioneer 

Property  »o  be  before  the  bidding  commences;  and  when  the  owner,  or  any  per- 

highett  bid-  son  employed  by  him,  shall  be  such  bidder,  they  shall  be  subject 


II 

cases.  Act  45  of  1869.    Approved  February  2 


er'^t'al^^^  ^^^  Same  duties  as  if  struck  off  to  any  other  person. 


Sales     of     That  section   one  hundred  and  seventy  of  the  Revised  Stat- 

goods    at  auc-  t        .   .  ^     , 

tion    in    New  utes  of  the  State  of  Louisiana  be  amended  and  re-enacted  so 

Orleans.  ^^g  ^^  ^^,^^ .     ^jj  g^^j^g  ^^  goods  in  the  city  of  New  Orleans  by  pub- 

When  and  at  1^^  auction,  whether  said  sales  be  of  property  belonging  to  the 

what      time  person  selling  or   to  others,  excepting  sales  of  books,  paintings 

and  statuary,  shall  be  made  in  the  daytime,  between   sunrise  and 

Penalty   for^^^^s^t?  and  any  person  who  shall  violate  this  provision  shall, 

violation  of  this  upon  conviction,  pay  a  fine  of  not  less  than  twenty-five  dollars, 

nor  more  than  one  hundred  dollars,  for  each  offence,  and  the  sale 

shall  not  be  binding  on  the  purchaser. 

Act  No.  83  of  If  80. 

Penalty   for     Sec.  7.  That  it  shall  not  be  lawful  for  any  auctioneer,  or  per- 

^"'tfi' af^^^'of  ^^^  acting  as  such,  to  sell  any  real  estate  or  slave,  without  first 

mortgage.         producing  and  reading  a  certificate   of  mortgage,   showing  the 

mortgages   and   incumbrances   recorded    against   the    property 

offered,  under  a  penalty  of  five  hundred  dollars  for  each  offence, 

to  be  recovered  by  the  purchaser. 

judiciaisaies      ^^^-  ^-  That  all  judicial  sales  throughout  the  State,  made  in 

bywhommade.  pursuance  of  any  order,  judgment  or  decree  of  any  court  of  this 

State  (except  that  of  justices  of  the  peace),  shall  be  made  by  the 

sheriff  of  the  parish  where  such  sale  is  made,  except  in  the  cases 

hereafter  provided. 

Section  9  amended  and  re-enacted  as  follows : 
That  section  9  of  the  "Act  relative  to  judicial   and  other  sales 
€rty  of  succes-  made  at  public  auction,''  approved  March   12,  1855,  be  and  the 
der"'or^der"of  ^*™^  ^^  hereby  amended  and  re-enacted  so  as  to  read  as  follows  : 
court,  by  whom  That  all  sales  of  property  of  succession,  of  property  belonging  to 
minors,  or  in  which  minors  are  interested,  of  property  of   inter- 
dicted persons  and  property  surrendered,   made  pursuant   to  an 
order  or  decree  of  any  court  of  this  State,  may  be  made  either  by 
the  sheriff  or  by  an  auctioneer  of  the  parish  or  city  in  which  such 
sale  is  to  be  made,  or  by  the  representatives  of  successions,  by 
tutors  of  minors,  by  curators  of  interdicted  persons,  or  by  syn- 
dics of  insolvents,  as  the  case  may  be.     And  it  shall  be  the  duty 
of  the  court  ordering  the  sale  to  direct  that  the  same  be  made  by 
the  sheriff  or  by  such  auctioneer  as  shall  be  selected  by  the  par- 
ties or  by  representatives  of  the  succession,  the  tutors  of  the  mi- 


AUCTIONS   AND    AUCTIONEERS.  127 

nors,  the  curators  of  interdicted  persons,  and   the   syndic  of  the 
insolvent,  as  the  case  may  be. 

Acts  of  1865,  No.  13,  p.  20. 

Sec.  10.  That  all  proces  verbal  of  sales  of  succession  property, 
signed  by  the  sheriff  or  other  person   making  the  same,  by  the  jjg^.J'""^  ^" y^_ 
purchaser  and  two  witnesses,  are  declared  to  be  authentic  acts,      thentic  acts. 

Sec.  11.  That  the  sheriff,  or  other  person  making  sales  of  sue-     Notes     and 
cession  property  on  credit   terms,  shall  be  authorized  to   I'^ceive  ^^^^^^^^^^'^^''^ 
for  the  price  the  notes  of  the  purchasers,   and  indentify  them  by 
description   in   the  adjudication.     The   securities   on   the  notes 
shall,  in  all  cases,  be  approved  by  the  vendor,  or  the  party  repre- 
senting him. 

Sec.  12.  That  on  the  registering  of  such  proces  verbal  of  sales     Duty  of  re- 
in the  office  of  the  Recorder  or  Register  of  Conveyances  of  the  Js°«^''„7  J'^^l 
parish  where  the  property  so  adjudicated  may  be  situated,  the  Re- veyances. 
corder  or  Register  shall  be  authorized  to  identify  with  the  sales 
the  notes  or  bonds  received,  as  above  stated,  by  his  paraph,   in 
order  that  he  may  raise  the  mortgage  when  they  shall  have  been 
paid. 

Sec.  13.  That  in  all  cases  where  judicial  sales  of  property  are    certain  sales 
required   to  be  made  in  the  parishes  of  St.  Bernard,  Plaquemines  pay  be   made 
or  Jeffersm,  it  shall  be  lawful  to  cry  and  adjudicate  property  in  leans, 
the    city  of  Xew  Orleans,   if  thereto  requested  by  the  party   at 
whose  instance  the  order  of  the   sale  was  issued ;  and  in  case  of 
sales  under  writs,  if  thereto  requested  by  all  parties  interested. 

Sec.  14.  That  all  laws  or  parts  of  laws  conflicting  with  the    certain  i^ws 
provisions  of  this  act,  and  all  laws  on  the   subject  matter,  except  repealed, 
what  is  contained  in  the  Civil  Code  and  Code  of  Practice,   be 
repealed. 

Acts  of  1855,  p.  76. 

An  Act 

Relative    to  Auction  Dues    on    Stocks,    Bonds    and    Insurance 
Scrip. 
Section  1.     Be  it  ena  ted  by   the  Senate  and  House   of  Bepre- 

'  State      tax 

sentatives  of  the  State  of  Louisiana,   in  General  Assembly  convened  upon   all  sales 

That  the   State   duty  or  tax  upon  all  sales  by  public  auction,  of  tion''ot'''hanks" 

stocks  of  banks  or  incorporated  companies,  bonds  of  the   State,  stocks,  etc. 

bonds   of    the    city   of  New  Orleans,  or  bonds  of   incorporated 

companies,  or  insurance   scrip  of   any  kind,  shall  be  one  quarter 

of  one  per  cent. 

Sec.  2.     Be  it  further  enacted,   etc.,  That  this   act  shall   take     When  this  at  t 
effect  from  and  after  its  passage.  *^^"  ^""'' 

Acts  of  1859,  No.  209,  p.  166. 

See  ''Master  and  Wardens,'"  for  sale  of  damaged  goods. 
Decisions. 

Assistant  may  perform  a  mere  ministerial  duty,  6  An.  386. 

Subject  to  taxation.  13  An.  56. 

Charges:  28  An.  717;   31  An.  381. 

Act  of  1805,  36  An.  605. 


128  AW-NINGS,    SHEDS  AND   SIGNS. 

AWNINGS,  SHEDS  AND  SIGNS. 

See  Buildings,  Offences,  and  Wharves. 

What  unlaw-      Art.  208.   (1)  It  shall  not  be  lawful  for  the  tenants 
ord.  No.  30,  or  occupants  of  stores  or  dwellings  to  suspend  or  hang 
1852.'  '  over  the  sidewalks  or  footways  any  awnings,  sheds  or 

hanging  signs,  unless  the  same  be  at  least  eight  feet  above 
the  level  of  said  sidewalks  or  footways,  under  a  penalty 
of  ten  dollars  per  diem  for  each  and  every  day  said  awn- 
ings, sheds  or  signs  remain,  after  being  duly  notified 
for  the  removal  of  the  same. 

Dutyof  Art.  209.   (2)  It  is  made  the   duty  of  all  public  offi- 

'^°'"ib,cers  to  report  to  the  Commissioner  of  Streets,  or  any  of 

his  deputies,  any  infringement  of  the  foregoing  section. 

Duty  of  Street     Art.  210.  (3)  It  is  hcrcbv  made  the  special  dutyof 

Commissioner.  .       .  "  i   .       •■  . 

lb.  the  Commissioner  of  Streets,  or  his  deputies,  to  prose- 
cute to  conviction  any  violations  of  this  ordinance,  after 
due  notice  has  been  served  as  aforesaid. 

Awnings,  Art.211.  (1)  That  the  Street  Commissioiicr  bc  and 
m^is  ing  .ghts,  j^^  ^^  hereby  directed  to  notify  all  such  persons  as  may 
().  s.',  >  ov.  7I  have  erected  awnings  or  sheds  covering  the  banquettes 
'  ^  ■  in  the  city,  and  which  in  anywise  mask  any  of  the  street 

lamps,  or  prevent  said  lamps  from  giving  a  full  light  on 
the  banquettes  and  streets,  to  alter  and  change  the  same 
so  as  not  to  obstruct  the  light  from  said  lamps ;  and  that 
said  awnings  or  sheds  be  rendered  fire-proof  by  cover- 
To  be  covered  ing  the  same  with  tin,  or  any  substance  non-ignitable,. 
n, ec.  jjj  ^he  event  of  fires  adjacent;  and  that  in  default  of 
compliance  on  the  part  of  said  person  or  persons,  within 
ten  days  from  said  notification,  the  person  or  persons  so' 
failing  to  alter  or  change  said  awnings  or  sheds  shall 
pay  a  fine  of  five  dollars  for  each  and  every  day' they 
shall  neglect  to  make  such  alteration  or  change,  recover- 
able before  any  court  of  competent  jurisdiction,  for  the 
use  of  the  city. 

Erected  under     Art.  212.  (2)  No   pci'sou  Or  pcrsous  shall  hereafter 

m'iTsfoner.*""   erect  any  awning  or  shed  within  the  limits  of  the  city, 

except  under  the  direction  of  the  Street  Commissioner. 


AWNINGS,    SHEDS  AND   SIGNS.  129 

All   ordinances  or  parts  of  ordinances  conflicting  with 
the  foregoing  are  hereby  repealed. 

Art.  213.  That  awnings  alone  within  the  fire  limits  covering  for 
of  the  city  shall  be  required  to  be  covered  with  non-  ord.No.siss, 
ignitable  substances,  to  protect  them  from  fires  adjacent,  ber,  1856. 

Art.  214.  That  after  the  date  at  which  this  ordinance    swinging 
shall   have  been  adopted    and  approved,  it  shall  be  un-  ^'|)°  a.  no.  748, 
lawful  for  any  person,  firm,  owner,  occupant,  or  agent f884.*'  "^""^  '°' 
of  owner  of  any  store  or  dwelling,    to  erect,  suspend, 
place,  keep,  or  cause  to  be  suspended,  any  sign-board, 
sign-plate  or  advertising  board,  of  wood,  metal  or  other 
material,  so  as  the  same  may  in  any  way  hang,  suspend  or 
swing  over  any  sidewalk  or  street  within  the  city  limits. 

Art.  215.  That  on  and  after  the  date  of  approval  of  Removal  of 
this  ordinance  it  shall  be  unlawful  to  keep  or  maintain  ^"'"^'"^^'^ib! 
-any  swinging  or  hangmg  sign,  or  other  sign,  sign-board 
or  sign-plate,  extending  over  any  portion  of  any  side- 
walk or  street,  and  every  owner,  agent,  lessee  or  occu- 
pant of  any  house,  dwelling,  establishment,  or  store, 
where  or  in  front  of  which  such,  sign  exists,  shall  re- 
move or  cause  the  same  to  be  removed  immediately  on 
the  approval  of  this  ordinance. 

Art.  216.  That  whoever  shall  violate  the  provisions  of  Penalty, 
this  ordinance  shall  be  subject  to  a  fine  not  to  exceed  Dec!  16,  °if^^' 
twenty-five  dollars,  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
oned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed,  provided  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence,  nor  the  imprison- 
ment more  than  thirty  days. 

Art.  217.  (2)  It  shall  be  the  duty  of  the  Street  Com-  Duty  of  street 
missioner,  whenever  any  sign  or  awning  now  in  existence,  ^o7d^sl\°4si^'', 
in  his  opinion,  does  in  any  manner  obstruct  the  view  of  ^*y  ^°' '^59- 
•any  street  or  streets,  to  give  not  more  than  five  days' 
notice    to    the    proprietor    of  the   same  to   remove   or 
diminish  the  size  of  ,the  same ;   and   in  default  of   not 
complying  with   the   provisions  of  this   ordinance  the 
owner  or  owners  shall  be  liable  to  a  fine  of  not  less  than 


imissioner. 


130  BAKERY — BREAD. 

ten  dollars  per  day  that  the  same  shall  be  in  contraven- 
tion, recoverable  for  the  use  of  the  city ;  it  being  under- 
stood that  no  sign  projecting  over  the  sidewalk  shall  be 
within  eight  feet  of  the  banquette. 
Awnings  and  Art.  218.  (1)  From  and  after  the  passage  of  this  ordi- 
street.  uauce  it  shall  not  be  lawful  for  the  tenants,  occupants 

o  s.j  Jail"!  ^sl  or  owners  of  stores  and  dwellings  on  Canal  street  to 
erect  or  construct  or  hang  over  the  sidewalks  or  foot- 
ways any  awnings,  sheds  or  verandas,  unless  the  same 
be  made  over  and  cover  the  whole  width  of  the  side- 
walks or  footways,  and  in  conformity  with  the  plans 
and  drawings  to  be  furnished  by  the  City  Surveyor, 
Penalty.  uudcr  a  penalty  of  ten  dollars  per  day  for  each  and 
every  day  thereafter  said  awnings,  sheds  or  verandas 
remain,  after  being  duly  notified  for  the  removal  of 
same. 
Dutyofstreet  Art.  219.  (2)  On  tlic  complctiou  of  the  square-block 
"lb!  pavmg  on  each  and  every  square  of  said  Canal  street, 
it  shall  be  the  duty  of  the  Street  Commissioner  to  notify 
all  persons  who  have  constructed  on  said  street  awnings, 
sheds  and  verandas  which  do  not  conform  to  Art.  1  of 
this  ordinance,  to  have  the  same  removed  and  rebuilt  in 
conformity  with  Art.  1  of  this  ordinance,  under  a  pen- 
alty of  ten  dollars  per  day  for  each  and  every  day  there- 
after said  awnings,  sheds  or  verandas  remain,  after 
being  duly  notified  for  their  removal. 


BAKERY— BREAD. 

Duty  of  Art.  220.  All  bakers  or  other  persons  now  engaged 
''^Orrko.  i666,  in?  01'  doiug  and  carrying  on  business  as  bakers,  or 
bir.^i86^^"™"  engaged  in  making  or  baking  bread  for  others,  shall 
immediately,  after  the  promulgation  of  this  ordinance, 
report  themselves  at  the  Mayor's  oflice,  and  cause 
his,  her  or  their  name  or  names  and  place  of  busi- 
ness to  be  recorded  in  a  book  to  be  kept  for  that  pur- 
pose in  the  Mayor's  office,  and  shall  in  all  respects  con- 
form to  the  provisions  of  this  ordinance ;  and  hereafter, 
every  person  intending  to  undertake  the  bakery  busi- 
ness, or  any  such  person  or  persons  who  may  engage  in 


BAKERY BREAD.  131 

the  .same,  either  in  person  or  by  employing  any  other 
person  to  carry  on  the  said  trade  or  business  under  his 
or  her  directions,  or  for  his  or  her  profit,  within  the  city 
of  New  Orleans,  must,  previously  to  his  or  her  com- 
mencing in  that  business,  make  a  declaration  of  his  or 
her  intention  at  the  Mayor's  office,  and  have  his  or  her 
name  entered  in  a  book  kept  for  that  purpose ;  and  in 
default  shall  be  liable  to  a  fine  of  twenty-five  dollars, 
recoverable  before  any  of  the  Recorders  of  this  city,  or 
other  court  of  competent  jurisdiction,  for  the  benefit  of 
the  city. 

Art.  221.  That  on  and  after  the  passage  of  this  ordi-    consent  of 
nance  it  shall  not  be  lawful  for  any  person  or  persons  to  ers.^^*^^^  ^^^^' 
erect  or  conduct  a  bread  or  cracker  bakery  unless  the  c.^st  Juiy'^°3', 
party  asking  for  said  privilege  shall  have  first  petitioned  '^" 
the  City  Council  5  and  provided,  further,  that  the  said 
petition  shall  contain  the  written  consent  of  the  majority 
of  the  property  owners  within  a  radius  of  300  feet  where 
saitl  bakery  is  to  be  located ;  provided,  further,  that  any 
person  or  persons  violating  the  provisions  of  this  ordi- 
nance shall  be  guilty  of  a  misdemeanor,  and  shall  be    penalty, 
punishable  by  a  fine  not  to  exceed  twenty-five  dollars, 
or  imprisonment  not  to  exceed  thirty  days,  for  each  and 
every  violation  of  this  ordinance. 

Art.  222.   (2)  All  bakers  or  other  persons  using  or    weight  of 
carrying  on  the  trade  or  business  of  a  baker  shall  make,  ^°ord!*No.  1666. 
or  cause  to  be  made,  all  their  loaf  bread  of  good  andi7er,^.86?"'"' 
wholesome  flour,  no  brand  to  be  used  less  than  treble 
extra,  and  they  shall  give  it  the  weight  which  may  be 
fixed  by  virtue  of  the  present  ordinance,  or  any  other 
ordinance  hereafter  passed  relative  thereto  by  the  Com- 
mon Council ;  and  further,  all  bakers  and  persons  using 
or  carrying  on  the  trade  or  business  of  a  baker  shall 
only  be  allowed   to  sell,  or  expose  for  sale,  loaves  of 
bread  of  the  value  of  five  cents,  ten  cents  and  twenty 
cents :    ])rovided,    all   loaves   of   bread    shall    have   the 
weiglit  fixed  by  said  tariff. 

Art.  223.  (3)  Bakers,  tavern-keepers  and  other  weights  and 
persons  selling  bread,  or  offering  the  same  for  sale,  are^'^'*'^^"  ib. 
required  to  have  the  weights  and  scales  only  regulated 


132  BAKERY — BREAD. 

by  the  standards ;  and  the  inspectors  of  weights  and 
measures  are  authorized  to  proceed  to  try  them  agree- 
ably to  the  law  respecting  weights  and  measures. 
Dutvof  City  Art.  224.  (4)  It  shall  be  the  duty  of  the  Coramis- 
ib.sariesof  the  Markets,  and  the  Deputy  Street  Commis- 
sioners, at  least  once  in  each  week,  to  inspect  and  ex- 
amine, within  the  several  wards  or  districts  of  this  city 
and  the  public  markets,  all  loaf  bread  baked  by,  or  for 
or  on  account  of  any  baker  or  bakers,  in  order  to  ascer- 
tain whether  the  same  is  made  of  good  and  wholesome 
flour,  and  to  ascertain  whether  the  weight  thereof  con- 
forms to  the  established  assize ;  and  to  that  end  said 
Commissaries  and  Deputy  Street  Commissioners  are  here- 
by authorized  and  required,  at  any  time  between  sunrise 
and  sunset,  to  enter  any  bakery,  bakehouse  or  shop, 
storehouse,  or  any  other  building  or  enclosure  wherein 
loaf  bread  is  or  may  be  baked,  stored,  deposited  or  kept, 
as  also  any  tavern,  shop,  store,  or  any  other  place 
wherein  loaf  bread  is  deposited,  stored,  or  kept  for  sale; 
provided,  the  authority  of  the  officer  thus  about  inspect- 
ing be  first  made  known  to  the  proprietor  of  the  es- 
tablishment, or  his  agent  or  representative.  And  it 
shall  further  be  the  duty  of  the  Commissaries  of  the 
Markets  and  the  Deputy  Street  Commissioners,  for  the 
purposes  of  said  inspections  through  the  public  streets 
or  highways,  to  stop  all  persons  carrying  bread  for  sale 
in  baskets,  carts,  wagons  or  otherwise,  upon  said  streets 
or  highways,  and  examine  and  weigh  such  bread,  and 
upon  said  examination  should  they  find  such  bread,  on  an 
average  of  ten  loaves  to  the  hundred,  to  be  unsvholesome 
or  wanting  in  weight,  the  officer  making  such  examina- 
tion under  this  ordinance  shall  seize  the  bread,  and  im- 
mediately notify  the  proprietor  of  the  bakery,  bakeshop, 
etc.,  to  appear  before  one  of  the  Recorders  of  this  city, 
who,  upon  due  proof  made,  shall  pronounce  the  seizure 
and  confiscation  of  such  bread  for  the  use  of  the  orphan 
asylums  of  this  city,  and  shall  further  condemn  the  of- 
fender or  offenders  to  pay  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars ;  and  in  default 
of  payment  thereof   such  offender  or  offenders  shall  be 


BAKERY — BREAD. 


133. 


inprisoned  not  'exceeding  thirty  days.  Any  Commis- 
sary or  Deputy  Street  Commissioner  neglecting  or  re- 
fusing to  enforce  the  foregoing  shall  be  dismissed  from 
office. 

'  Art.  225.  (5)  The  Mayor  shall  publish  in  the  official  Pubuca 
journal  of  the  city,  every  Saturday,  an  assize  for  bread ''^  ^*^°'" 
for  the  ensuing  week.  To  this  effect  he  shall  estimate 
a  barrel  of  flour  to  produce  three  thousand  seven  hun- 
dred and  thirty -two  ounces  of  bread  (American  weight), 
and  in  order  to  ascertain  the  weight  of  the  five-cent  loaf 
the  number  of  ounces  shall  be  divided  by  a  number 
equal  to  the  number  of  five  cents  a  barrel  of  flour  may 
be  worth  in  the  market  at  the  time  of  fixing  the  assize, 
and  adding  the  eight  dollars  or  one  hundred  and  sixty- 
five  cents,  allowed  to  a  baker  by  the  law,  the  quotient 
shall  be  the  number  of  ounces  a  five-cent  lo^f  shall 
weigh. 

Art.  226.  (6)  Wherever,  according  to  the  preceding 
operation,  the  fractional  parts  are  less  than  half  an 
ounce,  they  shall  be  taken  off  the  loaf;  and  when  half 
an  ounce  or  more,  an  ounce  shall  be  added  to  it.  The 
whole,  moreover,  in  conformity  to  the  tariff  subjoined 
to  the  foregoing  ordinance : 


Price  of  Flour  per  bbl.  20c.  Loaves.       10c.  Loaves.         5c.  Loaves. 


$4  00 

5  00 

6  00 

7  00 

8  00 

9  00 

10  00 

11  00 

12  00 

13  00 

14  00 

15  00 

16  00 


62  ounces, 

57 

53 

50 

47 

44 

41 

39 

37 

35 

34 

32 

31 


31  ounces. 

29 

27 

25 

23 

22 

21 

20 

19 

18 

17 

16 

16 


16  ounces. 

14 

13 

12 

12 

11 

10 

10 

9 

9 

8 


Weight     and 
price  of  loaves. 


134  BAKERY — BREAD. 


itures. 


■Penalty. 


ord 


Deleterious  Art.  227.  (7)  Any  baker  or  other  person  carrying  on 
the  business  of  baker,  or  engaged  in  making  and  baking 
bread,  as  aforesaid,  who  shall  mix  or  use,  or  permit  to 
be  mixed  or  used,  in  the  manufacture  of  bread,  any 
alum,  vitriol,  or  any  other  unwholesome  deleterious 
substance,  shall,  on  conviction  before  any  of  the 
Recorders  of  this  city,  or  any  other  competent  court,  be 
fined  in  a  sum  not  exceeding  one  hundred  dollars ;  and 
in  default  of  payment  of  such  fine  shall  be  imprisoned 
not  exceeding  thirty  days. 
Bread  to  Art.  228.  (8)  Bread  to  ordcr  shall  not  comc  witliiu  the 
provisions  of  this  ordinance. 

Art.  229.  That  from  and  after  the  passage  of  this 
ordinance  each  and  every  person  or  persons  dealing  in 
bakers'  bread  shall  post,  in  a  conspicuous  place,  at  his 
or  her  place  of  business,  the  weights  and  prices  of  the 
loaves  offered  for  sale ;  and  any  violation  of  this  ordi- 
nance shall  be  punishable  by  a  fine  of  fifty  dollars  for 
each  and  every  offence,  recoverable  before  any  court  of 
competent  jurisdiction. 
Repealing  Art.  230.  (2)  All  Ordinances  or  parts  of  ordinances 
clause.  contrary  to  or  conflicting  with  the  above  be   and  the 

same  are  hereby  repealed. 
Unlawful  to     Art.  231.  That  it  is  hereby  made  unlawful  to  excavate 
^' ordTNo.'4267,  or  siuk  a  well  on  any  premises  used  as  a  bakery  or  bake- 
1890.7     ^  '  ^'shop  within  the  city  limits. 

Art.  232,  That  upon  any  such  premises  where  a  well 

^^Duty  ot  own-  ^^^^  exists  it  shall  be  the  duty  of  the  owner  of  the  prop- 

^^'  erty  to  cause  same  to  be  immediately  filled  up  to  the 

surface  of  the  ground ;  provided,  that  nothing  herein  shall 

be  construed  as  prohibiting  the  boring  of  artesian  wells. 

Art.  233.  That  any  violation  of  the  provisions  of  this 

resolution  shall  subject  the  offender  to  a  fine  of  not  more 

than  $25,  or,  in  default  thereof,  to  imprisonment  in  the 

parish  prison  not  exceeding  thirty  days,  to  be  imposed 

by  the  Recorder  of  the  district  in  which  the  offence  shall 

be  committed,  and  every  day  during  which  there  shall 

be  a  failure  to  comply  with  the  requirements  of  this  res- 

jPenaity.        olutiou  shall  bc  cousidcrcd  and  taken  to,  be  a  separate 

'  offence,  in  the  party  so  failing,  and  punished  accordingly. 


BARROOMS  AND   RESTAURANTS.  135 

BALCONIES — See  Buildin(?s. 


BALLS — See  Amusements. 


BALTIMORE  &  OHIO  TELEGRAPH  COMPANY 
See  Telegraph  Companies. 


BASINS— See  Canals. 


BATTURE — See  Lands  and   Levees. 


BARROOMS  AND   RESTAURANTS. 

As  TO  Females  Entering  Saloons — See  Leicd  Women. 

Art.  234.  That  hereafter  it  shall  not  be  lawful  for  any    petition, 
one  to  set  up  or  establish  any  drinking  house,  coffee- c^sf"  ^*'' ^°'^' 
house,  beer  house,  or  place  where  liquors  of  any  kind  ord^^No.^rigq^ 
are   sold  at  retail  by  the  glass  to  be  there  consumed,  ^^3^'  *'^^''  ^' 
without  having   first    petitioned   the   Mayor   and   City 
Council,  said  petition  to  be  published  three  times  in  ten 
days  in  such  form  as  the  Committee  on   Public  Order 
may  designate. 

Art.  235.  That  after  the  expiration  of  the  said  pub-    protests, 
lication,  there  being  no  protest  uttered  against  the  peti-  ^^' 

tion,  same  shall  be  granted;  provided,  however,  that  if 
any  person  or  persons  protesting  against  the  opening  of  a 
saloon  or  drinking  house,  etc,,  they  shall  be  heard  be- 
fore the  Committee  on  Public  Order  of  the  City  Council, 
and  if  there  be  any  valid  objections  in  the  judgment  of 
the  said  committee  said  petition  will  not  be  granted. 

Art.  236.  That  any  violation  of  the  foregoing  ordi-    Penalty, 
nance  will   be   punished   by  a  fine   of   not   more   than  ^^' 

twenty-five  dollars  or  not  more  than  thirty  days'  im- 
prisonment. 

Art.  237.  That  all  ordinances  or  parts  of  ordinances    Repealing 
conflicting  with  the  provisions  of  this  ordinance  be  and  *^'*"^^-        jj,_ 
the  same  are  hereby  repealed. 


lb. 


136  BARROOMS   AND   RESTAURANTS. 

License.  Art.  238.  (1)  Every  keeper  of  a  grogshop,  barroom^ 

o.^s.3^34*  tavern,  cabaret,  coffee-honse,  beerhouse,  pleasure  gar- 
den, saloon,  theatre,  ballroom,  clubroom  or  any  other 
establishment  whatever  wherein  spirituous  or  malt 
liquors  are  sold  by  the  glass  to  be  drunk  on  the  prem- 
ises, must  obtain  a  license  for  that  purpose,  and  pay  the 
tax  fixed  by  the  ordinances  establishing  uniform  rates 
of  taxation,  under  the  pains  and  penalties  pronounced 
by  said  ordinance. 
Sign.  Art.  239.  (3)  Every  person  who  shall  have  obtained 

^^'  a  license  to  sell  spirituous  or  malt  liquors  by  retail  shall 
place  at  his  door,  or  in  some  conspicuous  place  on  hi& 
house,  his  sign,  on  which  shall  be  painted  his  name  and 
the  number  of  his  licen.«e,  under  a  penalty  of  twenty-five 
dollars,  and  five  dollars  a  day  for  every  day  he  shall 
refuse  or  neglect  to  comply  with  this  provision,  after 
notice  from  the  Chief  of  the  Police. 

Art.  240.  (5)  All  persons  who  have  obtained  license 
to  sell  spirituous  or  malt  liquors  by  the  quart  or  bottle 
are  prohibited  from  selling  the  same  in  smaller  quanti- 
ties. 

•Transfer  of  Art.  241.  (6)  Any  pcrsoH  who,  after  having  obtained 
lb.  one  or  more  licenses  for  the  purpose  named  in  this  ordi- 
nance, shall,  without  the  consent  of  the  Mayor,  make 
over  and  sell  the  same  to  others,  shall,  on  conviction  of 
the  same,  be  fined  fifty  dollars  for  each  license  made  over 
or  sold,  as  shall  each  person  who  received  or  bought  the 
same. 

u.  s  soldiers.  Art.  242.  (7)  All  coffee-house  keepers  and  all  other 
■  persons  are  prohibited  from  selling  spirituous  or  fer- 
mented liquors  to  soldiers  in  the  service  of  the  United 
States,  unless  they  bear  a  written  permission  from  an 
officer  of  the  army,  under  a  penalty  for  every  such 
offence  of  a  fine  not  less  than  fifteen  dollars  ;  one-half 
to  the  city  and  the  other  half  to  the  informer. 
Music  in  bar-     Art.  243.  (11)  Exccpt  in  cases  where  permission  is 

''°°'"''  lb.  granted  by  the  Mayor,  it  shall  be  the  duty  of  the  Chief 
of  Police  to  arrest  all  persons  who  shall  be  found  play- 
ing or  causing  to  be  played,  music  in  any  barroom, 
coffee-house,  or  other  place  where  liquors  are  sold,  who, 


BARROOMS  AND   RESTAURANTS.  137 

upon  conviction,  shall  be  liable  to  a  fine  of  not  more 
than  fifty  dollars   for  each  and  every  offence ;  and  the 
coffee-house  keeper  shall  be  liable  to  the  same  penalty. 
Art.  244.  (12)  The  Mayor  and  also  the  Chief  of  Police  oisorderir 

^        '  *'  .  houses. 

shall  have  power,  in  case  of  riots,  fights  and  disturbances  o.  s.  31.H. 
of  any  kind  in  the  neighborhood  of  barrooms,  coffee 
or  drinking  houses,  to  notify  the  keepers  or  proprietors 
to  close  said  houses ;  and  in  case  of  neglect  or  refusal 
the  keepers  of  said  houses  shall  be  liable  to  a  fine  of  one 
hundred  dollars  for  each  offence. 

Art.  245.  (1)  That  from  and  after  the  promulgation 
of  this  act  if  any  person  shall  sell  or  give  away  intoxi-  geufnl'^or  giv"^ 
eating  drink  or  drinks  on  election  day  at  or  within  one^^s_jj^]i^*yj^°g'' 
mile  of  any   precinct  where   elections   may  be  held,  he^'^|°|^'<=*ting 
shall   be   guilty  of  a   misdemeanor,  and   on  conviction    ^'^^  *^»  '^^• 
thereof  shall  be  fined  in  a  sum  not  exceeding  one   hun- 
dred dollars,  or  imprisonment  not  exceeding  sixty  days, 
or  both,  at  the   discretion  of  the   court,  for  each  and 
every  offence. 

Art.  246.  (1)  That  all  barrooms  or  other  places  where    Hours  for 
spirituous   or  malt   liquors   are   sold  by  the  glass  shall  *^  a*'s%o67 
close  at  12  o'clock  midnight  and  remain  closed  until  3    ^^y^  '^Si.' 
o'clock  A.  M.  •   During  these  hours  all  business  shall  be 
suspended  and  no  intoxicating  drink  of  any  kind  whatever 
shall  be  sold  or  given  away,  the  Mayor  being  vested  with 
discretionary  power  to   allow  proprietors  of  saloons  to 
keep  open  after  hours.    The  proprietor  of  any  barroom, 
coffee-house,  beer  saloon  or  other  place  where  spirituous 
or  malt  liquors  are  sold  by  the   glass,  violating  the  pro- 
visions  of  this   ordinance,    shall,    upon   conviction,  be 
subject  to  a  fine  of  not  more  than  ($25)  twenty-five  dol- 
lars, or  imprisonment  for  not  more  than  thirty  days  in 
the  parish  prison. 

Art.  247.  (1)  That  there  shall  not  be  permitted  in  Music  saloons. 
any  coffee-house  or  other  place  where  spirituous  or  malt^^^^'^-No.  4j6» 
liquors  are  sold  at  retail  any  vocal  or  instrumental 
music,  or  any  theatrical  performance,  except  the  keeper 
thereof  first  obtains  a  special  annual  license  for  such 
purpose,  and  pay  a  tax  as  follows:  For  instrumental 
music,  $100  ;  for  vocal  or  vocal  and  instrumental  music, 


138  BARROOMS   AND   RESTAURANTS. 

Regulation  of  $200 ;  and  for   a   stage  on   which  singing,  dancing  or 

lb.  theatricals   are   performed,    $300;    provided,    that    the 

Administrator  of  Finance  shall  be  authorized  to  issue 

for  the  remainder  of  the  year  1870  a  half-yearly  license 

at  the  above  rate. 

Hours  of     Art.  248.  (2)  That  all  music  and  theatricals   at   the 

closing-. 

n>.  places  of  entertainment  described  in  the  foregoing  sec- 
tion shall  cease  at  or  before  12  o'clock  at  night,  and  the 
continuance  of  such  entertainment  after  the  hour  afore- 
said shall  work  a  forfeiture  of  the  license,  and  the  place 
shall  be  closed  by  the  police. 
Permission  to  Art.  249.  (3)  That  after  the  1st  of  January,  1871, 
*'^^"'  lb.  none  of  the  coffee-houses  described  in  the  previous  sec- 
tion shall  be  permitted  to  open  except  on  the  written 
consent  of  the  owners  or  lessees  of  one-half  the  frontage 
on  both  sides  of  the  street  of  the  square  where  the 
coffee-house  or  other  such  place  is  located;  provided, 
that  the  frontage  of  any  building  used  for  a  similar 
purpose  shall  be  deducted  before  a  division  is  made. 

Art.  250.  (4)  That  all  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  be  and  the  same  are  hereby 
repealed. 

LIQUORS  TO  MINORS. 

Minors  under     Art.  251.  (1)  That  from  and  after  the  passage  of  this 
ord!'>fo?  i4?9,  resolution,  any  grocery,  cabaret,  saloon,  exchange,  bar- 
Octie.'isss.      room,  music  hall  or  other  establishment  where  intoxicat- 
ing liquors  are   sold,  shall   not   be   permitted  to  sell  to 
minors  under  eighteen  years  of  age  liquors  to  be  drunk 
on  the  premises. 
Penalty.  Art.  252.  (2)  Ally  proprietor  or  proprietors  of  any  of 

the  places  herein  named  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  liable  to  a  flue  not 
exceeding  twenty-five  dollars,  or  imprisonment  for  a 
period  not  less  than  thirty  days  in  the  parish  prison,  or 
both,  at  the  discretion  of  the  Recorder  having  jurisdic- 
tion of  the  case. 
Duty  of  police.  Art.  253.  (3)  It  shall  be  the  duty  of  the  police  to  arrest 
^^'  and  imprison  any  minor  attempting  to  evade  the  provi- 
sions of  this  resolution,  and  said  minor  shall,  upon  con- 


BARROOMS   AND   RESTAURANTS.  139 

vietioii,  be  subject  to  a  fine  of  not  more  than  ten  dollars 
for  each  and  every  offence,  or  in  lieu  thereof  to  imprison- 
ment not  over  thirty  days  in  the  Boys'  House  of  Refuge, 
at  the  option  of  the  Recorder  in  whose  district  the  arrest 
is  made.  Any  officer  who  shall  fail  to  arrest  such  of-  Failure  to 
fender,  or  neglect  the  enforcement  of  the  provisions  '  ib. 
thereof,  shall  be  suspended,  or  expelled,  from  the  force, 
as  the  board  may  direct. 

Art.  254.  (4)  All  ordinances  or  resolutions  in  conflict    Repealing 

clause. 

herewith  are  hereby  repealed.  ib, 

RESTAURANTS. 

Art.  2.").").   (1)  That  each   and  every  keeper  or  owner    to    provide 
of   a   restaurant,    eating-house    or   other    place    where  ''X^  s!*'  No, 
wines  and  dishes  of  food  are   sold,  shall   provide  their  ^'^^'"^""^•'^'" 
customers   in   said   restaurant  or   eating-house    with  a 
plainly  written  or  printed  list  of  the  wines  and  dishes  of 
food  they  have  for  sale,  and  the  price   they   charge  for 
each  bottle  of  wine  and  dish  of  food. 

Art.  2.36.   (2)  That  it  shall   not   be  lawful   for  any    charges, 
keeper  or  owner,  or  any  employee  of  any  restaurant  or 
eating-house,  to  charge  more  than  the  rates  stated  in  his 
price  list  for  the  wines  and  dishes  of  food  furnished  or 
sold. 

Art.  257.  (3)  That  any  keeper  or  owner  or  employee  Penalty, 
of  any  restaurant  or  eating-house  found  violating  the  pro- 
visions of  this  ordinance  shall  be  subjected  to  a  fine  not 
exceeding  twenty-five  dollars,  recoverable  before  any 
Recorder,  and  in  default  of  payment  be  imprisoned  not 
exceeding  thirty  days. 

Art.  258.  (4)  Tliat  all  keepers  or  owners  of  restau-  Posting  of 
rants  and  eating-houses  to  whom  this  ordinance  may  ex-  °^  '"^  "'  ib, 
tend  are  required,  under  a  penalty  of  twenty-five  dollars, 
to  have  a  copy  of  this  ordinance  conspicuously  posted 
in  their  restaurant  or  eating-house,  and  in  default  of 
the  payment  to  be  imprisoned  not  exceeding  thirty 
days. 

Art.  259.  That  the  Board  of  Health  of  the   State  of 
Louisiana    be   and    is    hereby   authorized    to    inspect, 


140  BARROOMS  AND   RESTATJRANTS. 

Inspection  of  through   its  pi'oper  officers,  all  public  places,  licensed 
f™r  preplrauon  uudcr   State  laws  Or  city  ordinances,  in  which  food  or- 
Hquid^s^an'd  liquids  are  prepared  or  sold  for  human  consumption, 
*ord.No.4736,  and  to  inspect  and  examine  the  utensils  and  apparatus 
i8go.'  ^^^^'  ^"'used  therein,  and  in  case  that  any  practices  are  ascer- 
tained, or  utensils  or  materials  are  used  therein  delete- 
rious  to    human  health,  to   order  the    discontinuance 
thereof. 
Penalty.  Art.  260.  That  any  pcrsou  or  persous  who  shall  fail  to 

comply  with  the  order  of  discontinuance,  after  due  noti- 
fication thereof,  shall  be  fined  not  exceeding  twenty-five 
dollars  or  imprisonment  not  more  than  thirty  days, 
after  due  conviction  before  the  Recorder  of  the  district 
in  which  the  offence  is  committed. 


ACTS  OF  THE  LEGISLATURE. 

An  Act — To  amend  and  re-enact  section  910  of  the  Revised 

Statutes  of  1870. 
[No.  83  of  1886.] 

Penalty     for     SECTION  1.     Be  it  enacted  by  the  General  Assembly  of  the   State 

sroJT^o'i  %^.  «/  Louisiana,  That  section  910  of  the  Revised  Statutes  of  1870  be 

piing   house,  amended  and  re-enacted  so  as  to  read  as  follows:    Section  910.. 

spirituous  '  "o?  Whoever  shall  keep  a  grog  or  tippling  shop,  or  retail  spirituous 

liquors  withoiu  ^^  ^'^'^^^^'^^^^^S'  li^uors,  without  previously  Obtaining  a   license 

a  license  from  from   the   policc  jur}%  town  or  city   authorities,   on   conviction, 

town°  'or  ■"  ci^y  Shall  be  fined  not  less  than  one  hundred  nor  more  than  five  hun- 

discredon'^'^^of  ^^^^  dollars,  and  in  default  of  payment  shall  be  imprisoned  not 

jury    in    such  less  than  thirty   days  nor  more  than  four  months;   where  it   is 

'^^^^-  contended,  in  prosecutions  for  the  violation  of  this  section,  that 

said  spirituous  or  intoxicating  liquors  were  prescribed  and  sold 

as  a  medicine,  it  shall  be  for  the  jury   to   decide   whether  such 

prescription  and  sale   were   made   in  good  faith  and  in  case  of 

sickness  or  as  a  mere  subterfuge,   and  with  intent  to  evade  the 

provisions  of  this  section. 

Act  No.  43  of  1894. 

Making  it  a  misdemeanor  for  any  owner,  proprietor,  keeper  or 
lessee,  or  agent,  manager  or  conductor  of  any  concert  hall, 
or  saloon  where  spirituous  liquors,  wines  or  malt  are  sold  at 
retail,  to  allow  any  female  to  dispense  or  distribute  among 
the  audience  such  liquors,  wines  or  malt,  and  providing  a 
penalty  therefor. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  no  owner,  proprietor,  keeper,  lessee  or  agent, 
manager  or  conductor  of  any  concert  hall  or  saloon  where  spiritu- 


BARROOMS   AND   RESTAURANTS.  141 

•ous  licjuors,  wines  or  malt  are  sold  at  retail  shall  employ  or  suffer     Prohihitine 
to  be  employed,  any  female   to  distribute   or  appear  among  the  t  h  e     empioy- 

-,.  ■         ,  ,  ,  i    ,      T,  ,  ,         ,,       ment  of  women 

audience  or  frequenters  of  such  concert  hall   or  saloon,  for  the  in  houses  where 
purpose  of  distributing  or  selling  or  taking  orders  to  be  tilled,  g^,^'^  liquor  is 
any  such  spirituous  liquors,  wines  or  malt,  and  any  person  or  per- 
sons violating  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and.  on  conviction,  shall  be  imprisoned  in  the      Penaitv 
parish  jail  not  less  than  thirty  days  nor  more  than  three  months, 
and  a  line  of  not  less  than  fifty  nor  more  than  one  hundred  dol- 
lars for  each  and  every  offence. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts  of  laws 
•contrary  to  and  in  conflict  with  this  act  be  and  the  same  are 
hereby  repealed. 

Act  Xo.  55  of  1894. 

An  act  to  prohibit  the  keepers  of  barrooms,  drinking  saloons, 
groggeries  and  coffee-houses  or  any  other  place  where  in- 
toxicating or  spirituous  liquors  are  sold  by  the  glass,  bottle, 
gallon  or  in  less  quantities,  from  selling  or  giving  intoxicat- 
ing of  spirituous  liquors  to  minors,  and  to  prohibit  all  per- 
sons from  purchasing  or  receiving,  by  gift  or  otherwise,  any 
intoxicating  or  spirituous  liquors  for  the  special  use  of  a 
minor;  and  to  prescribe  penalties  for  the  violation  of  this  act. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of    Prohibiting 
Louisiana,  That  no  keeper  of  a  barroom,  drinking  saloon,  grog- the  sale  of  spir- 

-M         u  ^vT  1  I-  •.       .       ..  .    r.  ituous     liquors 

gery,  coffee-house  or  other  place  where  intoxicatmg  or  spirituous  to  minors, 
liquors  are  sold  by  the  glass,  bottle,  gallon  or  in  less  quantities 
shall  sell  or  give  to  any  person  under  the  age  of  twenty-one  (21) 
years  any  intoxicating  or  spirituous  liquors,  unless  the  per- 
son purchasing  or  receiving  such  intoxicating  or  spirituous 
liquors  has  been  fully  emancipated  under  the  laws  of  Louisiana 
by  the  emancipation  of  eighteen  (18)  years,  or  unless  the  person 
purchasing  or  receiving  such  intoxicating  or  spirituous  liquor 
shall  present  to  the  person  selling  or  giving  such  intoxicating  or 
■spirituous  liquor  an  order  signed  by  the  father,  mother  or  tutor 
of  such  minor,  directing  the  sale  or  gift  to  be  made. 

Sec.  2.  Be  it  further  enacted,  That  no  person  shall  sell,  buy,     Minor    must 
purchase  or  receive,  by  gift  or  otherwise,  any  intoxicating  or  P  «■  e  s  e  n  t   an 

...  ,.  ,  ,  .    ,  .  ,  .  orderfrom 

spirituous  liquor  for  the  special  use  of  any  person  under  the  age  father,  mother 
of  twenty-one  (21)  years  unless  he  be  fully  emancipated  under  °^ ^"Jy\j'"J'J^^'' 
the  laws  of  Louisiana  by  the  emancipation  of  eighteen  (18)  years, 
or  unless  such   minor   present  an   order  signed  by  his  father, 
mother  or  tutor  directing  the  sale  or  gift  to  be  made. 

Sec.  3.  Be  it  further  enacted,  That  any   person  keeping  a  bar-     violations  of 
room,  groggery,  drinking  saloon,  coffee-house   or   other  place  this  act  a  mis- 
where  intoxicating  or  spirituous  liquors   are   sold  by   the  glass, 
bottle,  gallon  or  in   less  quantities,  who  shall  knowingly  sell  or 
give  away  intoxicating  or  spirituous  liquors  to  any  person  under 
the  age  of  twenty-one    (21)    years   contrary  to  the  provisions  of 


142  BARROOMS   AND   RESTAURANTS. 

Penalty.  this  act,  and  any  person  who  shall  buy,  purchase  or  receive  by 
gift  or  otherwise  any  intoxicating  or  spirituous  liquor  for  the 
special  use  of  any  person  under  the  age  of  twenty-one  (21) 
years,  contrary  to  the  provisions  of  this  act,  shall  be  guilty  of  a 
inisdeni'^anor,  and  on  conviction  thereof  shall  be  punished  by  a 
line  of  not  less  than  twenty-five  ($25)  dollars  nor  more  than 
fifty  ($50)  dollars  for  each  separate  offence. 


PRIVILEGES. 

Ord.  7745.  Athen's  Lumber  Company.  Limited.  Louisiana  ave- 
nue and  Liberty  street.  January  27,  1893. 

Ord.  8657.  Arneman,  A..  Ninth  and  Washington  streets,  Jan- 
uary 23.  1894. 

Ord.  9464.  American  Grocers.  Second  and  Dublin  streets,  July 
31,1894. 

Ord.  10,542.  Alst,  Aug.,  Dumaine  and  North  Liberty  streets. 
April  2,  1895. 

Ord.  11,359.  Artigues,  F.,  741  Common  street.  September  24. 
1895. 

Ord.  11481.  Abadie,  B.,  St.  Joseph  and  Tchoupitaulas  streets, 
October,  22,  1895. 

Ord.  11,482.  Ader.  Pierre,  Treme  and  St.  Ann  streets,  October 
22,  1895. 

Ord.  11,167.  Amtero,  L.,  Bourbon  and  Rampart  streets,  August 
28,  1895. 

Ord.  7135.  Brigston.  C.  Tchoupitoulas  and  Aline  streets,  Janu- 
ary 24,  1893. 

Ord.  7153.  Braun.  Charles.  St.  Claude  and  Frenchmen  streets, 
January  31.  1893. 

Ord.  7819.  Brenokle.W..  Philip  and  Clara  streets.  July  25,  1893. 

Ord.  7960.  Brure,  Thomas,  681  Tchoupitoulas  street.  August 
22,  1893. 

Ord.  7961.  Brown,  John  J.,  Third  and  Water  streets,  August 
22.  1893. 

Ord.  8108.  Balovich,  John.  Madison  and  Chartres  streets,  Oc- 
tober 3.  1893. 

Ord.  8203.  Brennan.  P.  J..  Napoleon  avenue  and  Canal  streets, 
October  24.  1893. 

Ord.  8451.  Brandner,  Leopold,  Rocheblave,  between  Custom- 
house and  Bienville  streets,  December  12, 1893. 

Ord.  8958.  Basile,  Frank,  Ninth,  bet.  Magazine  and  Con- 
stance streets.  April  3,  1894. 

Ord.  9221.  Brugier.  George.  Robertson  and  Columbus  streets. 
May  22,  1894. 

Ord.  9385.  Burk,  Val.,  237^  '^'ilia  street,  July  3,  1894. 

Ord.  9591.  Bergerot,  John.  Ursulines  and  North  Liberty 
streets,  August  28,  1894. 

Ord.  9658.  Baltz,  John,  Carroll  and  Povdras  streets.  September 
4, 1894. 

Ord.  9877.  Bauman,  Emile.  Customhouse  and  Chartres  streets, 
October  23,  1894. 

Ord.  9898.  Becknell,  Charles,  422  Baronne  street.  October  30, 
1894. 

Ord.  10,343.  Bradford,  H.  A.,  53  St.  Charles  street.  February 
12.  1895. 


BARROOMS   AND   RESTAURANTS.  143 

Ord.  10.685.  Bierhorst.  George  H., Canal  and  Burgundy  streets, 
May  7.  1895. 

Ord.  10,838.  Breffel,  Joseph,  Melpomene  and  Freret  streets, 
June  4,  1895. 

Ord.  10.839.  Broiuer,  Andrew,  219  South  Kampart  street,  Janu-    . 
ary  4,  1895. 

Ord.  10,898.  Burgess,  B.W.,  517  to  523  Chartre.s  street,  June 
18, 1895. 

Ord.  10,929.  Bonmarito,  Phil.,  Terpsichore  and  Lamarque, 
Fifth  District,  June  25.  1895. 

Ord.  11.265.  Blum,  Paul,  734  Common  street.  Septembers,  1895. 

Ord.  11.360.  Bly,  Charles,  Palmyra  and  Claiborne  streets,  Sep- 
tember 24,  1895. 

Ord.  11.361.  Becl^er,  Mrs.  E.,  Dorgenoisand  Cleveland  avenue, 
September  24.  1895. 

Ord.  7226.  Commander,  Emile,  Spain  and  Urquhart  streets. 
February  15,  1893. 

Ord.  7392.  Collet,  Pierre,  St.  Claude  and  Frenchmen  streets, 
April  4,  1893. 

Ord.  7444.  Casey,  John,  White  and  Terpsichore  streets,  April 
■  18,  1893. 

Ord.  7704.  Cabibi,  John.  Eliza  and  Bounv  streets,  Fifth  Dis- 
trict, June  6,  1893. 

Ord.  7839.  Caldevaro.  B.,  Jackson  and  Chippewa  streets,  July 

25,  1893. 

Ord.  7932.  Clifton,  Charles,  St.  Claude  and  Marais  streets.  Au- 
gust 22,  1893. 

Ord.  8176.  Comeaux,  P.  A.,  removed  from  Patterson  and  El- 
mira  to  Elmiraand  Alix  streets.  Fifth  District. 
October  17.  1893. 

Ord.  8411.  Cruso,  Mrs.  J.  and  Adolph.  250  Common  street,  De- 
cember, 5.  1893. 

Ord.  8454.  Cetti,  A.,  removed  from  Poydras  and  Galvez  to 
Calliope  and  Willow  streets,  December  12, 1893. 

Ord.  8475.  Cayeteza,  Dominick.  Napoleon  avenue  and  Tchoup- 
itoulas  street,  December  19.  1893. 

Ord.  8537.  Curren.  Denis,  First  and  Chippewa  streets,  Janu- 
ary 1,  1894. 

Ord.  8599.  Chord.  Victor  J.,  St.  Ann  and  Royal  streets,  Janu- 
ary 16,  1894. 

Ord.  8600.  Carey.  Mrs.  J.  &  Co..  Louisa  and  Rampart  streets, 
January  16. 1894. 

Ord.  8721.  Crespio,  Agap  &  Co..  Chestnut  and  Market  streets. 
Fifth  instrict,  February  14,  1894. 

Ord.  8953.  Conwav,  C,  Dufossat  and  St.  Denis  streets,  April  3, 
1894. 

Ord.  9014.  Carroll,  J..  Bienville  and  Napoleon  avenue.  April 
17,  1894. 

Ord.  9015.  Commander.  C.  J.,  Thalia  and  White  streets,  April 
17.  1894. 

Ord.  9215.  Cook.  Mrs.  H..  203  Howard  street,  June  5,  1894. 

Ord.  9337.  Cornelius,  E.  C,  Bienville  and  Treme  streets,  June 

26.  1894. 

Ord.  9882.  Casbel,  John  W.,  Julia  and  Claiborne  streets,  Sep- 
tember 11,  1894. 

Ord.  9898.  Crescent  City  Jockey  Club,  Fair  Grounds.  October 
30,  1894. 

Ord.  10.344.  Collins.  James  J..  Terpsichore  and  Baronne  streets, 
February  12,  1895. 


144  BARROOMS  AND   RESTAURANTS. 

Ord.  10,615.  Colliro,  Toni,Ursulines  and  Miro  streets,  April  16 
1895. 

Ord.  10,622.  Courha,  Joseph,  St.  Ann  and  Villere  streets,  April 
23,  1895. 

Ord.  10,760.  Clerc,  Fred.  V.,  Constance  and  Constantinople 
streets.  May  21,  1895. 

Ord.  10,789.  Chapman,  J,  E.,  Burdette  and  Macarthy  streets, 
Seventh  District,  May  28,  1895. 

Ord.  11,142.  Carota,  John,  Melpomene  and  Magazine  streets, 
August  6,  1895. 

•Ord.  11,388.  Connor,  John,  1757  Tchoupitoulas  street,  October 
6,  1895. 

Ord.  11,517.  Carr,  Thomas,  Jackson  and  Franklin  streets,  Oc- 
tober 29, 1895. 

Ord.  11,722.  Curcia,  Joseph,  removed  from  St.  Ann  and  Villere 
streets  to  opposite  corner.  December  24,  1895. 

Ord.  7201.  Dazet,  E  ,  Customhouse  and  Rocheblave  streets, 
February  7,  1893. 

Ord.  7224.  Downs,  James,  Carrollton  avenue  and  New  Basin 
streets,  Februarv  15,  1893. 
'  Ord.  7338.  Desnicker  &  Co.,  Vallette  and  Alix  streets,   Fifth 

District,  March  21,  1893. 

Ord.  7368.  DeLamarre,  E.  T.,  Seguin  and  Villere  streets,  Fifth 
District,  March  28,  1893. 

Ord.  8107.  Dahoney,  W.  J.,  removed  from  Magnolia  and  De- 
lord  to  Locust  and  Calliope  streets,  October  3, 
1893. 

Ord.  8448.  Doty,  James,  First  and  Liberty  streets,  December 
12.  1893. 

Ord.  8449.  Dilda,  Gabriel,  181  Dauphine  street,  December  12, 
1893. 

Ord.  8479.  Dessauer,  David,  Antoine  and  Debigny  streets,  De- 
cember 19,  1893 

Ord.  8573.  Denburk,  James,  Chartres  and  Peace  streets,  Janu- 
ary 9,  1894. 

Ord.  8711.  Danater,  Darius,  Johnson  and  New  St.  Bernard, 
February  7,  1894 

Ord.  8993.  Durker,Mrs.  William,  Congress  and  Rampart  streets. 
April  10,  1894. 

Ord.  9316.  Donnelly,  Gravier  and  Galvez  streets,  June  5,  1894. 

Ord.  9383.  Dunham,  E.  J  ,  Burgundy  and  Bienville  streets, 
July  3,  1894. 

Ord.  9546.  Darrihere,  J.,  Frenchmen  and  Rampart  streets,  Au 
gust  7,  1894. 

Ord.  9803.  Dillon,  Jeff.,  Clio  and  Claiborne  streets,  October  9, 
1894. 

Ord.  10.174.  Destefano,  Customhouse  and  Rocheblave  streets, 
January  2,  1895. 

Ord.  10,892.  Dazet,  Mrs.,  415  Dauphine  street,  June  18,  1895. 

Ord.  11,071.  Donohue,  James,  1132  Annunciation  street,  July 
30, 1895. 

Ord.  11,233.  Draube,  Philip,  Jena  and  Magazine  streets,  Sep- 
tember 3,  1895. 

Ord.  11,286.  Duval,  Charles,  633  Decatur  street,  September  10, 
1895. 

Ord.  11,485.  Downs,  T.,  Tulaneand  Carrollton  avenues,  October 
22,  1895. 

Ord.  7155.  Eiswirth,  J.  L.,  Fifth  and  Dublin  streets,  January 
31,  1893. 

Ord.  7203.  Essex,  Rudolph,  334  Decatur  street,  February  7, 1893. 


Ord. 
Ord. 

8112.  : 

8177.  ; 

Ord. 

8447.  : 

Ord. 

8597.  ] 

Ord. 
Ord. 

8796.  ] 
9593. 

Ord. 

11,121. 

Ord. 

11,613, 

Ord. 

7236.  ] 

Ord. 

7443. 

Ord. 

7744.  ] 

BARROOMS   AND   RESTAURANTS.  145 

Ord.  7793.  Eschbach,  J.,  V^allette  and  Alix  streets,  Fifth   Dis- 
trict. July  5,  1893. 

Ord.  7866.  Engebbraght,   C.    Cadiz    and    Constance     streets, 
August  1,  1893. 
Edwards,  S..   Third  and  Dryades.  October  6,  1895. 
Essex,  Rudolph,  removed  from  Barracks  and   De- 
catur to  20  Barracks  street,  October  17,  1893. 
Everett,  Mrs.  Chris.,  St.  Claude  and  Enghien  streets, 

December  12,  1893. 
Essex,  Rudolph,  removed  from  324  Decatur  street 

to  83  Decatur  street,  January  16,  1894. 
Egan  &  Ryan,  127  Calliope  street,    March   6,   1894. 
Evans,  W.   H.,   Customhouse   and    Broad   streets, 

August  28,  1894. 
.  Elliott,  George,  Maple  and  Dublin  streets.  Seventh 

District,  August  6,  1895. 
.  Evans,  Mrs.  E.,  42  Burgundy  street  (old  number), 
November  26,  1895. 

Ord.  7236.  Ferrera,   Sam,   192   Bienville   street,   February   28, 
1893. 
Faber.  A.,  Clinton  and  Esther  streets.  Seventh  Dis- 
trict, April  18,  1893. 
Forster,  H.,  Maderon  and  Chartres  streets,  Julv  27, 
1893. 

Ord.  8274.  Farrar,  T.  D.,  Mozart  and  Dauphine  streets,  Novem- 
ber 7.  1893. 

Ord.  8568.  Fitzgerald,  J.  A.,   162  Perdido  street,   January  9, 
1894. 

Ord.  8712.  Ferrer.  Anthony,  Toulouse  and  Dauphine  streets, 
February  7,  1894. 

Ord.  8788.    Fitzner,   P.,   Tchoupitoulas   and  Valmont  streets, 
March  6,  1894. 

Old.  8841.  Fischer.  J.,  Arabella   and  Coliseum   streets,  March 
13,  1894. 

Ord.  9100.  Franke.  P.  E.,  Dauphine  and  Desire  streets,  May  1, 
1894. 

Ord.  9338.  Faber,  Simon,  removed  from  Burdette  and  Temple 
to  Adam  and  Temple  streets,  June  26,  1894. 

Ord.  9339.  Fagnet,   Felix.   St.  Philip  and   Robertson  streets, 
June  26,  1894. 

Ord.  9780.  Fontanier,  Charles,  Josephine  and  Chippewa  streets, 
October  2,  1894. 

Ord.  9851.  Ferrera,  Timothy,  St.  Ferdinand  and  Press  streets, 
October  16,  1894. 

Ord.  10,539.  Timothv.  John  U.,  Washington  and  Locust  streets, 
April  4.  1895. 

Ord.  10,759.    Folk,  Ferdinand,   HovVard   and   Gasquet  streets, 
May  21,  1895. 

Ord.  10.897.  Ferina,  Louis,   St.  Philip   and   Claiborne   streets, 
June  18,  1895. 

Ord.  11,001.  Frank,  J.  U.,  Tchoupitoulas   and  Constantinople 
streets,  July  9,  1895. 

Ord.  11,067.  Finner,  John,  removed  from   Ursulines   and  Dor- 
genois  to  opposite  corner,  July  30,  1894. 

Ord.  11,138.  Flynn.  A.  H.,   Magnolia    and    Lafayette   streets, 
August  6,  1895. 

Ord.  11,239.  Fuge,  T.,  Tchoupitoulas  and  Erato  streets,  Sep- 
tember 3,  1895. 

Ord.  7794,  Greto,  T.,  Hospital  and  Roval  streets,  July  5,  1893. 


146  BARROOMS  AND   RESTAURANTS. 

Ord.  7937.  Glennon,  Mrs.  Mary,  Orange  and  Tchoupitoulas 
streets,  August  15,  1893. 

Ord.  7939.  Galway,  Mrs.  Theo.  H..  Claiborne  and  St.  Louis 
streets,  August  15.  1893. 

Ord.  8048.  Gultierez,  Joseph,  29  Engtiein  street,  September  5, 
1893. 

Ord.  8066.  Galpin,  L.  S.,  Bellecastle  and  Jersey  streets.  Sep- 
tember 26,  1893. 

Ord.  8109.  Guarine,  Jos.,  removed  from  Vallette  and  Jackson 
to  Monroe  and  Xewton  streets,  October  3.  1893. 

Ord.  8113.  Gueringer,  Wm.,  removed  from  79  Front  and  78 
Fulton  to  973  Peters  and  89  Fulton  streets, 
October  3,  1893. 

Ord.  8350.  Garcia,  John  T.,  removed  from  39  South  Claiborne 
to  41  South  Claiborne,  November  21,  1893. 

Ord.  8683.  Grunewald,  L.,  Baronne,  near  Canal  street,  January 
30,  1894. 

Ord.  8722.  Gerarai,  Jos.,  Monroe  and  Socrates  streets.  Fifth 
District,  February  14,  1894. 

Ord.  9313.  Greauged,  John,  First  and  Annunciation  streets, 
June  5,  1894. 

Ord.  9462.  Glennon,  Mrs.  T.,  Tulane  avenue  and  Bolivar  street, 
July  31,  1894. 

Ord.  9592.  Glavin,  John,  981  and  983  Tchoupitoulas  street, 
August  28,  1894. 

Ord.  9801.  Gerari.  Jos.,  Verret  and  Xewton  streets.  Fifth  Dis- 
trict, October  9,  1895. 

Ord.  9851.  Garit,  Mrs.,  215  Liberty  street,  October  16,  1894. 

Ord.  9851.  Gratia,  A.,  St.  Louis  and  Dauphine  streets,  October 
16,  1894. 

Ord.  10.483.  Garatono,  T.,  Robert  and  Prytania  streets,  March 
19,  1895. 

Ord.  10,546.  Guillot.  Albert,  Lapeyrouse  and  Dupre  streets 
April  2,  1895. 

Ord.  10,837.  Gernsbarker,  A.  B.,  Saratoga  and  Second  streets, 
June  4,  1895. 

Ord.  11,070.  Greever,  Mrs.  Emma,  Belle  and  Dupre  streets, 
July  30, 1895. 

Ord.  11,232.  Gildermeister,  Mrs.  H.  &  Co.,  Hospital  and  Villere 
streets,  September  3,  1895. 

Ord.  11,578.  Guepet,  H.  P.,  Annette  and  Claiborne  streets,  No- 
vember 12,  1895. 

Ord.  7237.  Heyman,  Henry,  246  Howard  avenue,  February  28, 
1893. 

Ord.  7365,  Harbenstein,  Louis.  Johnson  and  Frenchmen  sti*eets, 
March  28,  1893. 

Ord.  8049,  Hempel,  Mrs*  F.,  Royal  between  Press  and  Monte- 
gut  streets,  September  5,  1893, 

Ord,  8175,  Helingarten,  C,  A.,  removed  from  Calliope  near 
Clara  to  Magnolia  and  Howard  avenues.  Oc- 
tober 17,  1893, 

Ord,  8412,  Hildebrand,  H..  Seventh  and  Annunciation  streets, 
December  5,  1893. 

Ord.  8571.  Hoppe,  Chris..  Carrollton  avenue  and  Green  street, 
January  9,  1894. 

Ord.  8607.  Hengke,  Mrs.  and  Jourdan,  Peace  and  Royal  streets. 
January  16,  1894. 

Ord.  8902.  Hacket  M.,  Liquor  and  Sample  Room,  85  S.  Rampart 
street,  March  27, 1894. 


BARROOMS   AND   RESTAURANTS.  147 


Ord.  9275.  Hofer,  Thomas,  Conti  and  Chartres  streets,  May  29, 
1894. 

Ord.  9469.  Hahn,  Mrs.  H..  910  Dryades  street,  July  31, 1894. 

Ord.  9655.  Heaton.  G.  E.,  Dante  and  Xew  Levee  streets,  Sep- 
tember 4,  1894. 

Ord.  9995.  Harding,  Thomas.  22  Gas<iuet,  Xovember  20. 1894. 

Ord.  10,362.  Hussennay.  G.  C,  removed  from  Clara  and  Perdido 
to  Spain  and  Rampart,  February  19,  1895. 

Ord.  10,384.  Hamilton,  C.  D.,  732  Common  street,  March  5. 
1895. 

Ord.  11,427.  Hamilton,  Chas.H..  Hennen  building,  Oct.  8,  1895. 

Ord;  11,484.  Herzog.  A..  Tchoupitoulas  and  Poydras  streets, 
October  22.  1895. 

Ord.  7136.  Ibor,  Eugene,  John  and  Lapeyrouse,  January  4, 
1893. 

Ord.  11,285.  Inserillo,  Joseph,  removed  from  Magazine  and 
Webster  to  northwest  corner  Magazine  and 
Webster    streets,  September  11,  1895. 

Ord.  8170.  Jeoffrey.  Thos.  R..  removed  from  75  Delta  to  815 
Front  street.  October  17,  1893. 

Ord.  8479.  Johnson,  R.  J..  Clio  and  Magnolia  streets,  Decem- 
ber 19,  1893. 

Ord.  8570.  Jenny,  Mrs.  M.,  Rampart  and  Spain  streets,  Januarv 
9,  1894. 

Ord.  9659.  Jackson.  Robert,  First  and  Drvades  streets.  Septem- 
ber 4.  1894. 

Ord.  11,311.  Joachim,  M.,  575  Tchoupitoulas  street,  September 
17,  1895. 

Ord.  11,443.  Jacobs,  Jr.,  &  Brother.  Urquhart  and  Marigny 
streets,  October  8,  1895. 

Ord.  11,457.  Johnstone,  S..  Broadway  and  Magazine  streets, 
October  15.  1895. 

Ord.  11,576.  Jordan,  John,  removed  from  Royal  and  Peace  to 
Bourbon  and  Peace  streets,  Xovember  12, 1895. 

Ord.  7154.  Kenner.  Anthony,  141  Bienville,  January  31,  1893. 

Ord.  7367.  Korbacher,  George,  St.  Louis  and  Broad  streets, 
March  28.  1893. 

Ord.  7870.  Keefe,  A.  0..  Philip  and  Annunciation  streets,  August 
1,  1893. 

Ord.  8088.  Kingsmill,  G.  W.,  Washington  avenue  and  Coliseum 
street,  September  26,  1893. 

Ord.  9386.  Keenan,  A.  J.,  Constance  and  Arabella  streets,  July 
3,  1894. 

Ord.  9463.  Kain,  Mrs.  K..  Erato  and  Willow  streets,  July  31, 
1894. 

Ord.  9727.  Kammer,  T.  J.,  Harmonj%  between  Magazine  and 
Constance  streets.  September  18,  1894. 

Ord.  10,596.  Kingsmill,  Robert,  5513  Magazine  street,  April  16, 
1895. 

Ord.  11.002.  Kelly.  Mrs.,  Fourth  and  Liberty  streets.  July  9, 
1895. 

Ord.  11,140.  Kerchof,  H..  Jeanette  and  Monroe  streets,  Au- 
gust 6,  1895. 

Ord.  11,312.  Koebel,  Prosper  A.,  Independence  and  Burgundy 
streets,  September  10,  1895. 

Ord.  7094.  Lamazon,  John,  135  Decatur  street,  January  10, 1893. 

Ord.  712S.  Lambert.  Mrs.  C.,  Marengo  and  Magazine  streets, 
January  17,  1893. 

Ord.  7274.  Looschen.  Geo.,  Seguin  and  Peter  streets.  Fifth  Dis- 
trict, March  7,  1893. 


148  BARROOMS   AND   RESTAURANTS. 

Ord.  7342.  Larsen,  Mrs.  Mary,  Lafavette  and  Dryades  streets, 
March  28,  1893. 

Ord.  7864.  Layman,  T.  V..  Hillary  and  Third  street,  Seventh 
District,  August  1.  1893. 

Ord.  7867.  Leclerc,  A.  S.,  157  Royal  street,  August  1,  1893. 

Ord.  7940.  Lannan,  Thos.,  328  Tchoupitoalas  street.  August  15, 
1893. 

Ord.  8307.  Leglise,  Frank,  3  Front  street,  November  14,  1894. 

Ord.  8353.  Landwehr,  John  F.,  removed  from  471  Dryades  to 
79  Front  street,  November  21.  1893. 

Ord.  8476.  Lala,  Leonard,  removed  from  37  St.  Philip  to 
Anthony  and  Robertson  streets,  December  19, 
1893. 

Ord.  8491,  Lavigne,  Albert,  Bienville  and  Derbigny,  changed 
to  Bienville  and  Villere  street,  December  19, 
1893. 

Ord.  8537.  Lavigne,  Albert,  Bienville  and  Villere  street,  January 
2,  1894. 

Ord.  8559,  Layman,  T.  V.,  Second,  between  Hillary  and  Clin- 
ton street.  Seventh  District,  January  9,  1894. 

Ord.  9466.  Latapie,  B.,  154  Rampart  street,  July  31,  1894. 

Ord.  10,049.  Lopez,  F.,  425  South  Rampart  street,  December  4, 
1894. 

Ord.  10,566.  Lamanna,N.,  208  Dauphine  street,  April  9,  1894. 

Ord.  10.840.  Levy,  D.,  Marais  and  Bienville  streets,  June  4, 
1894. 

Ord.  10,903.  Landry,  Geo..  JSI'ew  Orleans  and  St.  Bernard  street, 
June  18,  1894. 

Ord.  11,122.  Lala,  Frank.  Urquhart  and  Marigny  street,  Au- 
gust 6, 1894. 

©rd.  11,234.  Lawson,  George,  removed  from  Johnson  and  Ca 
ondelet   Walk    to    Derbigny    and  Carondelet 
Walk,  September  3,  1894. 

Ord.  11,283.  Letellier,  Mrs.  P.,  Ursulines  and  Broad  street,  Sep- 
tember 10,  1894. 

Ord.  11,389.  Levy,  F.,  1615  Orleans  street,  October  I,  1894. 

Ord.  11,577.  Levy,  D.,  Bienville  and  Derbignv  streets,  Novem- 
ber 12,  1894. 

Ord.  7225.  Malter,  Joseph,  Spain  and  Urquhart  streets,  Feb- 
ruary 15,  1893. 

Ord.  7369.  Meragas,  Mrs.  J.,  8  and  10  Annunciation  street, 
March  28,  1893. 

Ord.  7657.  Momer,  H.  &  Brownson,  93  Customhouse  street.  May 
30,  1893. 

Ord.  7791.   Mandella,  P.,   Philip  and  Liberty  streets,  July  5, 
1893. 
•     Ord.  7792.   Murray,  L.,  Jr.,  Annunciation  and  St.  Mary  streets, 
July  5,  1893. 

Ord.  7820.  Masson,  M.  Jr.,  Soniat  and  Magazine  streets,  July 
25.  1893. 

Ord.  7862.   Maruso,  B.,  500  Prytania  street,  August  1,  1893. 

Ord.  7863.  Mertz,  J.  P.,  Jefferson  and  Jeanette  streets,  Au- 
gust 1,  1893. 

Ord.  7938.  Murphy,  D.  T.,  removed  from  Dryades  and  Clio  to 
202  Howard  avenue,  August  15,  1893. 

Ord.  8200.  Manruso,  D.,  Customhouse  and  Derbigny  streets, 
October  24,  1893. 

Ord.  8275.  Mentz,  John,  Richard  and  Chippewa  streets.  No- 
vember 7,  1893. 


BARROOMS   AND   RESTAURANTS.  149 


Ord.  8723.    Miitzater,   George,  Carondelet  Walk   and  Johnson 

streets.  February  14.  1894. 
Ord.  8797.    Manruso,  Frank,  removed  from   Carondelet  Walk 

and  Claiborne  to  Carondelet  Walk  and  Koman 

streets.  March  6,  1894. 
Ord.  9099.  Martin,    Messrs.   &  Co.,  removed  from   209  to  205 

Orleans  street.  May  1,  1894. 
Ord.  9653.    Manruso.  Dominico,  Bourbon  and  St.  Peter  streets, 

September  4,  1894. 
Ord.  9654.   Millaudon,  P.,  Third  and   St.  Patrick  streets,  Sep- 
tember 4,  1894. 
Ord.  9867.   Mailley.  James.  First  and  Saratoga  streets,  October 

26,  1896. 
Ord.  9998.    Musgrove  &  Harris,  Rampart  and  Esplanade  streets, 

November  20,  1894. 
Ord.  10,160.   Murphy,  C.  J..   Lafayette  and  Franklin  streets, 

January  2,  1895. 
Ord.  10,251.   Margue,  Jean,  Columbus  and  Claiborne   streets, 

February  2,  1895. 
Ord.  10,482.   Markey.  Jos.,  Bolivar  and  Gravier  streets,  March 

19,  1895. 
Ord.  10,489.  Murphy,  Mrs.  Wm.,  Dufossat  and  Coliseum  streets, 

March  26,  1895. 
Ord.  10,547.   Martin  Bros.,  151  Chartres  street,  April  2,  1895. 
Ord.  10,841.   Murphy.  Charles,  Clara  and  Gravier  streets,  June 

4,  1895. 
Ord.  10,895.   Mersch,  H.  L.,  Fourth  and  Saratoga  streets,  June 

18,  1895. 
Ord.  10,896.  Maratuso,  Antonio,  St.  Bernard  avenue  and  Marais 

streets,  June  18,  1895. 
Ord.  10,901.   Mustarte,   Anthony,  St.  Ann  and  Roman  streets, 

June  18,  1895. 
Ord.  10,904.   Miller,  Geo.  A.,  Bienville   and   Salomon  streets, 

June  18,  1895. 
Ord.  10,928.    Mottashed,   R.     J.,  removed  from     Bolivar  and 

Gravier  to  Salomon  and  Bienville  streets,  June 

25,  1895. 
Ord.  11,040.  Martin.  R.,  St.  Louis  and  Roman  streets,  July  23, 

1895. 
Ord.  11,042.  Mussachia,  Leon,  12   Bouny  street,  July,  23,  1895. 
Ord.  11,068.  Muscato,  Liberio,  St.  Philip  and  Chartres   streets, 

July  30,  1895. 
Ord.  11,486.  Marriante,  S.,  Bouny  and  Alix  streets,  Fifth   Dis- 
trict, October  22,  1895. 
Ord.  11,559.  Mailtho,  A.,  Orleans   and  Burgundy   streets,  No- 
vember 5,  1H95. 
Ord.  11,686.  Masdexexarts,  John,   Canal  and  Villere   streets, 

December  10, 1895. 
Ord.  11,713.  Miller,  Joseph,  Laurel  and  Lvon  streets,  December 

24,  1895. 
Ord.  8414.  McAuley,   A.,  Robin,   between  Water  and  Peters 

streets,  December  5,  1893. 
Ord.  9273.  McGowan,  M.,  Common  and  Basin  streets.  May  29, 

1894. 
Ord.  9746.  McGuire,  Mrs.,  and  Fortier,  98  Povdras  street,  Sep- 
tember 26,  1894. 
Ord.  9398.  McNeil,   A.,  Bolivar  and  Perdido   streets,  October 

30,  1894. 
Ord.  10,984.  McGraw,  W.,   Jackson  and   Clara  streets,  July  2, 

1895. 


150  BARROOMS   AND   RESTAURANTS. 


Ord.  11,066,  McManon.  Thomas.  Clio  and  Dryades  streets,  July 

30,  1895. 
Ord.  11,282.  McAuley,  A.,  434  and  436  Market  street,  September 

11,  1895. 

Ord.  11,685.  McKnight,  A.   A.,  Perdido  and   Franklin   streets. 

December  10,  1895. 
Ord.  11,143.  McGlll,  Mrs.  H.,   Poland  and  Burgundy  streets, 

August  6.  1895. 
Ord.  8201.  Newport,  Edward.   Lafayette  and  Roman  streets, 

October  24,  1893. 
Ord.  8377.  Nelson,  E.  J.,  removed  from  upper  corner  to  lower 

corner  of  Tehoupitoulas  and  Constance,  No- 
vember 28,  1893. 
Ord.  8558.  Nustosh,  F.  J.,  removed  from  Calliope  and  Con- 
stance to  Calliope  and  Annunciation.  January 

9,  1894. 
Ord.  9544.  Nelson,  H.  W.,  232  Tehoupitoulas  street,  August  7, 

1894. 
Ord.    9779.  Nungesser.     Fred.,     952     Tehoupitoulas     street, 

October  2,  1894. 
Ord.   9898.  Nobler.   Wm.   R..  Delord    and    Magazine  streets, 

October  30,  1894. 
Ord.  7865.  Ory,  Octave,  Aline   and  Laurel   streets,  August  1. 

1893. 
Ord.  7868.  Oliviari,  J.,  Washington  and  Annunciation  streets, 

August  1,  1893. 
Ord.  8047.  O'Neill.  Tim.,  Tehoupitoulas  and  St.  Joseph  streets, 

September  5,  1893. 
Ord.  9387.     Oldham.  William.  Cypress  and  Clara  streets,  July 

3,  1894. 
Ord.  11,456.  Ochiglivich,  M..  removed  from  Chartresand  Spain 

to  Louisa  and  St.  Claude  streets,  October  15. 

1895. 
Ord.  7095.  Puderer,  John.    Tehoupitoulas  and  Cadiz  streets, 

January  10,  1893. 
Ord.  7137.  Pedepay.  Felix,  13  Madison  street,  January  24,  1893. 
Ord.  7363.  Provenzano,  B.,  removed  from  48  Washington  street 

to  Philip  and  Locust  streets,  March  28,  1893. 
Ord.  8276.   Pillot,   Louis,  removed    from    Grande    Route  and 

Bayou  St.  John  to  Encampment  and  Florida. 

November  7,  1893. 
Ord.  8450.  Pucket,  R.  S.,  Verret  and  Market  streets.  December 

12.  1893. 

Ord.  8873.  Palata,  B.,  Melpomene  and  White  streets,  March  20, 

1894. 
Ord.  9164.  Prosdame.  J.  G..  4  and  6  St.  Charles  street.  May  15, 

1894. 
Ord.  9223.  Pepin,  J.  E.,  19  Ursulines  street.  May  22, 1894. 
Ord.  9389.  Pores.  Adrien,  Dumaine  and  Claiborne  streets,  July 

3,  1894. 
Ord.  9851.    Perronvell.    John  C.   Carondelet    and    Harmony 

streets,  October  16.  1894. 
Ord.  9940.  Perez,  Emile,  Marais  and  St.  Anthony  streets,  No- 
vember 10.  1894. 
Ord.  10,172.  Pfeiffer,  John.  Oak  and  Leonidas  streets,  Janiiary 

2,  1895. 
)rd.  11,141.  Trenton,  Mrs.  J.  M.,   Saratoga   and  Terpsichore 

streets.  August  6,  1895. 
Ord.  11.428.  Tate.  W.  T..  614  Fourth  street,  October  8,  1895. 


BARROOMS   AND   RESTAURANTS.  151 


Ord.  11,281.  Peres,  A.  W.,  removed  from  Claiborne  and  Du- 
maine  streets  to  Marais  and  Orleans  street, 
September  10,  1895. 

Ord.  7364.  Rhode,  F.,  Zimple  and  Burdette  streets,  March  28. 
1893. 

Ord.  7514.  Ruine,  J..  Canal  and  Roman  streets.  May  2,  1893. 

Ord.  7618.  Rolle,  H.,  Bordeaux  and  Magazine  streets.  May  23, 
1893.    ■ 

Ord.  7998.  Roche,  James,  Hunter  and  St.  Peter  streets,  August 
29,  1893. 

Ord.  8050.  Ratto,  Mrs.  S.  M.,  St.  Ann  and  Rampart  streets, 
September  5,  1893. 

Ord.  8110.  Royo,  J.  S.,  removed  from  141  to  121  Jackson  street, 
October  3,  1893. 

Ord.  8111.  Richards,  G.  G.,18  Villere  street.  Fifth  District,  Oc- 
tober 3,  1893. 

Ord.  8178.  Richards,  Mrs.,  and  Pebit,306  Poydras  street,  Octo- 
ber 17,  1893. 

Ox-d.  8352.  Ryder,  James,  St.  Peter,  between  Xunn  and  St. 
Mary  streets,  November  21,  1893. 

Ord.  8569.  Ryan,  M.'and  J..  Ferdinand  and  Dauphine  streets, 
January  9,  1894. 

Ord.  8957.  Roubillar,  Bertrand,  Tonti  and  St.  Bernard  streets, 
April  3,  1894. 

Ord.  9465.  Ryan,  George  W.,  Levee  and  Short  streets.  Seventh 
District,  July  31, 1894. 

Ord.  9802.  Reilly,  J.,  Clio  and  Freret  streets,  October  9,  1894. 

Ord.  9867.  Reilly,  P.  H.  and  P.  J.,  Thalia  and  Rampart  streets, 
October  23,  1894. 

Ord.  10.383.  Russell  &  Jones,  White  and  Thalia  streets,  March 
5,  1895. 

Ord.  10,836.  Roux,  George,  Florida,  between  Mystery  and  En- 
campment streets,  January  4,  1895. 

Ord.  11,041.  Rutherford.  Charles  J.,  2:31'  S.  Franklin  street 
July  23,  1895. 

Ord.  11,069.  Rosenberg,  B.,  Franklin,  between  Poydras  and 
Lafayette  streets,  July  30,  1895. 

Ord.  11,235.  Richards,  G.  G.,  2057  Tchoupitoulas  street,  Sep- 
tember 3,  1895. 

Ord.  11,483.  Ratto  &  Sieaer,  Moss  street  and  Grand  Route  St. 
John,  October  22,  1895. 

Ord.  11,516.  Robinson.  James,  509  Esplanade  avenue,  October 
29,  1895. 

Ord.  11,668.  Riley,  J.  A.,  Royal,  between  Canal  and  Custom- 
house streets,  December  3,  1895. 

Ord.  7904.  Schneller,  Geo.  T.,  Rampart  and  Music  streets, 
February  7.  1893. 

Ord.  7223.  Schilling,  Fred,  Louisiana  a/enue  and  Liberty 
street,  February  15,  1893. 

Ord.  7299.  Shaughnessy,  M.  O.,  Second  and  Howard  streets, 
March  14,  1893. 

Ord.  7362.  Scarcina,  Mrs.  Catherine,  Seguin  and  Eliza  streets, 
March  28,  1893. 

Ord.  7445.  Saharein,  P.,  Gentillyand  Castiglione  streets,  April 
18,  1893. 

Ord.  7869.  Smith,  H.  I.  and  James,  Tchoupitoulas  and  Napo- 
leon avenue,  August  1,  1893. 

Ord.  8181.  Sarodes,  J.  M.,  Adams,  between  Jumonville  and 
Bienvenue,  October  17,  1893. 


152  BARROOMS   AND   RESTAURANTS. 

Ord.  8349.  Sparirio.   M.,   221   Chartres    street.   November  21, 

1893. 
Ord.  8354.  Sivori,  L.  F.,  Broad  and  Laharpe  streets,  Xovember 

21,  1893. 
Ord.  8413.  Schebtzky,    C,    40  Dumaine   street,  December  8, 

1893. 
Ord.  8453.  Stubb,  *  aspar,  removed  from   Lafayette  and  Mag- 
nolia to  White  and  St.  Andrew  streets,  De- 
cember 12,  1893. 
Ord.  8631.  Simms,  R.  J.,  Liberty  and  First  streets,  January  23, 

1894. 
Ord.  8746.  Schneider,  C.  A.,  Miro  and   Common  streets,  Feb- 
ruary 27.  1894. 
Ord.  8901.  Schnell,  Frank,  North    Peters   and  Tonti   streets, 

March  27,  1894. 
Ord.  9163.  Souza,  Vic,  Bienville  and  Johnson  streets.  May  15, 

1894. 
Ord.  9381.  Shayot,  A.  G.,  removed  from  St.  Ann   and  Miro  to 

Dumaine  and  Hagan  avenue,  July  3,  1894. 
Ord.  9388.  Smith,  Theodor,  270   South  Poydras  street,  July  3, 

1894. 
Ord.  9547.  Sutter,   Fred.,   Esplanade    and    Bayou    St.     John, 

August  7,  1894. 
Ord.  9656.  Sohlinger,  Simon,  Grand  Route  St.  John  and  Bayou 

St.  John.  September  4,  1894. 
Ord.  9657.  Sulpire.  E.  V.,  600  Royal  street,  September  4,  1894. 
Ord.  9997.  Shepperd,  George,  St.  Thomas   and  Erato   streets, 

November  20,  1894. 
Ord.  10,490.  Schiro,  Jos.,  416  Hospital  street,  March   26,1895. 
Ord.  10,621.  Southern  Liquor  and  Wine  Company,  416  and  418 

Exchange  alley,  April  23,  1895. 
Ord.  10,893.  Stockton,  James,  removed  from   Pelican    avenue 

and  Belleville  to  Seguin  and  Eliza  streets,  June 

18,  1895. 
Ord.  10,899.  Segretto,  Giovanni,  Basin  and  Perdido  streets,  June 

18,  1895. 
Ord.  10,930.  Schroestzer,  Philip,  611,  613,  615   Chartres  street, 

June  25,  1895. 
Ord.  11,123.  Schultz  &  Wallare,  932  Magazine   street.   August 

6,  1895. 
Ord.  10,663.  Soco.  A.,  successor  C.  T.,  Customhouse  and  Roche- 

blave  streets,  April  20,  1895. 
Ord.  7138.  Tranchina,  D.,  Sixth  and  Magazine  streets,  January 

24,  1893. 
Ord.  7620.  Toro,  Frank,  232  Common  street.  May  23,  1893. 
Ord.  7619.  Thairat,  L.  C.,  Ursulines  and  Bourbon  streets,  May 

23,  1893. 
Ord.  8184.  Thomas,  Mrs.,   removed   from    Bartholomew  and 

Levee   to  Jeanne  and  Chartres,   October  17, 

1893. 
Ord.  8598.  Tomeny,  Frank,  Roman  and  Palmyra  streets,  Janu- 
ary 16,  1893. 
Ord.  8747.  Tajard,   Alex.,  Jackson   and  Fourth,   February  27, 

1893. 
Ord.  9098.  Turgeau,   Chas.   A.   Laroque,  56  Exchange  Alley, 

May  1,  1894. 
Ord.  9382.  Tridico,  Salvador,  removed  from  First  and  Magnolia 

to  Second  and  Chestnut,  July  3,  1894. 
Ord.  9384.  Toebbe,  Jos.,  Third  and  St.  David  streets,  July  3, 

1894. 


BARROOMS   AND   RESTAURANTS.  153 

Ord.  9537.  Tarkel,  John.  Louisiana  avenue  and  St.  David  street, 

August  7,  1894. 
Ord.  9996.  Trainor,  Matt.,  St.  James  and  Tchoupitouias  streets, 

N^ovember  20,  1894. 
Ord.  10,565.  Tiernan,  Peter,    Patterson   near   Belleville,  Fifth 

District.  April  11.  1895. 
Ord.  10,900.  Trapane,  S.  D.,  Claiborne  and  St.  Peter  streets, 

July  18,  1895. 
Ord.  11,168.  Schriever,  W.  Y.,  Arabella  and  Coliseum  streets, 

August  27.  1895. 
Ord.  11,508.  Salathe,   Leonard,  513   Ursulines  street,    October 

22,  1895. 
Ord.  11,614.  Saine,   Mrs.  Marie,   Tulane    avenue    and   Galvez 

street,  November  26,  1895. 
Ord.  11,669.  Sellers,  .John,  Customhouse  and  Miro  streets,  De- 
cember 3,  1895. 
Ord.  11,670.  Schullenkamp.  Mrs.   M..  removed  from  St.  Peter 

and  Royal  streets  to  St.  Peter  and  Burgundy 

streets,"December  3,  1895. 
Ord.  8351.   Uhde,  Mrs.  J.  F.,  Lafayette  and  Basin  streets,  No- 
vember 21,  1893. 
Ord.  10,182.  Ullrich,  Frank,  70  Art  street,  January  2,  1895. 
Ord.  10.500.  Ulm.  M.  Jr.,  Laurel  and  Constantinople   streets, 

March  26,  1895. 
Ord.  7200.  Verden  &  Waketield,  Franklin,  between  Customhouse 

and  Canal  streets,  February  7,  1893. 
Ord.  7202.   Villemear,   Chas.,  Valence   and   St.  Denis  streets^ 

February  7,  1893. 
Ord.  8152.  Vincent,  Mrs.  E.,  Patterson,  between  Prosper   and 

Elmira,  Fifth  District,  December  12, 1893. 
Ord.  8478.    Victor,   Mrs.   Charles,   Philip   and   Tchoupitoula& 

streets,  December  19,  1893. 
Ord.  9867.  Vaquelin.  John.  Maurepas  and  Savage  streets.  Oc- 
tober 23,  1894. 
Ord.  10,902.  Vanhorn,  T.  E.,  Poydras  and  Carondelet  streets^ 

June  18,  1895. 
Ord.  7391.  Westerfeld,  C.   U..  Adams   and  Delaronde  streets, 

August  4,  1893. 
Ord.   7743.   Williamson,   Thomas,    Laurel   and    Third   streets, 

June  27,  1893. 
Ord.    8067.  Waschman,   Charles,   Union   and  Villere   streets, 

September  26,  1893. 
Ord.  8179.-  Waters.  G.  W.,  118  Customhouse  street,  October  17, 

1893. 
Ord.  8477.  Wittmann,  G.  W.,  Kerlerec  and  Burgundy  streets, 

December  19,  1893. 
Ord.  8572.  Warringen.    Magdalena,    Lafayette   and    Magnolia 

streets.  January  9,  1894. 
Ord.  9826.  Waters,  G.  W.,  removed  from  118  Customhouse  to 

324  Burgundv,  October  9,  1894. 
Ord.  10,048.   Willson,  Mrs.  and   William.  723   South   Rampart 

street.  December  4,  1894. 
Ord.  10,171.   Wille..Tohn  E.,  Common  and  Dupre  streets,  Janu- 
ary 2,  1895. 
Ord.  10,173.  Werl,  Sol.,  985  Tchoupitouias   street.  January  2, 

1895. 
Ord.   10,229.  Weisdorffer,  L.,    Bellecastle    and    Annunciation 

streets,  January  22,  1895. 
Ord.   11,518.   Weibett,  Wm.  F.,  Tulane   and   Franklin  streets^ 

October  29,  1895. 


154  BICYCLES. 

Ord.  8180.  Zimmernian,  X.,  Clara  and  Poydras  streets,  October 

17,  1893. 
Ord.  11,004.  Zahn,  Mrs.  Jacob,  Laurel   and   Pleasant   streets, 

July  9,  1895. 


BAYOU   8T.  JOHN — See  Canals  and  Shell  Roads. 


BICYCLES. 

See  Offences  and  Streets. 
rrovide  with     Art.  261.  (1)  That  hereafter  it  shall  be  unlawful  for 

light  and    bell.  ^     ^ 

<)rd.  No.  i64i,aiiy  person  or  persons  to  ride  or  propel  any  bicycle 
*Feb.  2, 1886.  through  tlic  strects  of  the  city  of  New  Orleans  unless 
the  same  be  provided  in  the  daytime  with  an  alarm  bell, 
and  at  night  with  a  light,  and  that  any  one  contravening 
the  provisions  of  this  ordinance  be  liable  to  a  fine  not 
to  exceed"  twenty-five  dollars,  or  imprisonment  in  the 
parish  prison  of  this  city  not  to  exceed  thirty  days,  at 
the  discretion  of  the  recorders  of  the  various  police 
courts  of  this  city  having  jurisdiction. 
Pavement  cc-B-     Art.  262.  That  ou  and  after  the  passage  of  this  ordi- 

«ringf    Camp 

and  M el po- nance  it  shall  be  unlawful   for  any  person  or   persons 
Ord.  No  6740,  to  ride  an  animal  or  drive  any  vehicle,  or  operate   bi- 
tiJSepM^iS9a.  cycles  or  tricycle,  or  push  a  wheelbarrow,  or  skate  on 
the  Schillinger  pavement  covering  the  Camp  and   Mel- 
pomene street  culvert ;  any  violation  of  this   ordinance 
shall  be  fined  in  the  sum  not  to  exceed  $25,  or  imprison- 
ment not  more  than  thirty  days,  or  both,  at  the  discre- 
tion of  the  Recorder. 
Drivingr  o  n     Art.  263.  That  it  shall  not  be  lawful  for  any  person  to 

banquettes.  *'    ^ 

^<^<*-Nj.  1750,  drive  any  horse,  cow  or  mule,  cart  or  vehicle  of  any 
April 30, 18S6. description  whatsoever;  any  w^heelbarrow,  bicycle  or 
article  with  wheel  or  wheels,  propelled  by  hand  or  other 
motive  power,  over  the  banquette  of  any  street  on 
penalty  of  a  fine  of  five  dollars,  recoverable  before  the 
Ri3corder  of  the  district  in  which  the  offence  is  com- 
mitted, or  in  the  event  of  non-payment  of  the  fine  so 
imposed,  imprisonment  by  the  Recorder  for  a  period 
.Penally.        not  morc  than  tcu  days ;  provided,  however,    that  noth- 


BONDS   AND   SECURITY.  155 

ing  herein  contained  shall  prevent  any  person  or  per- 
sons from  riding  or  driving  across  any  of  the  said  ban- 
quettes any  horses  or  beasts  of  burden,  wheelbarrows, 
bicycles,  vehicles  or  articles  with  wheel  or  wheels,  pro- 
pelled by  horse,  hand  or  other  power,  into  and  out  of 
their  respective  lots  or  tenements.     It  being  understood   Pushing bicy- 

;.  ,  .  .-,!,,  „  cles  permitted. 

that  nothing  herein  contained  shall  prevent  owners  of 
bicycles,  or  persons  having  same,  from  pushing  their 
bicycles  over  said  banquettes. 


BRIDGES— See  Canals. 

BIRTHS,     DEATHS  AND  MARRIAGES— See    Health    and 
Quarantine. 


BOARD  OF  ASSESSORS— See  Assessors. 


BOARD  OF  HEALTH— See  Health  and  Quarantine. 


BOARD  OF  HARBOR  MASTERS— See  Harbor  Masters. 


BOARD  OF  POLICE  COMMISSIONERS— See  Police. 


BOARD  OF  LIQUIDATION- See  City  Debt. 
BOARD  OF  SCHOOL  DIRECTORS— See  Public  Schools. 


BOARD  OF  FIRE  COMMISSIONERS— See  Fire  Department. 


BOARD    OF     LEVEE     COMMISSIONERS-See    Lands    and 
Levees. 


BOARD   OF  PARK  COMMISSIONERS-See  Parks. 

BONDS  AND  SECURITY. 

Art.  264.  That  in  all  cases  where  bonds  are  required  official  bonds 
by  law  or  ordinance  to  be  given  in  favor  of  the  city  of  b°eforeCityNo^ 
New  Orleans,  or  any  officer  or  department  of  the  city  %^rd.  No.  659, 
government,  such  bonds  shall  be  signed  and  executed  ^Aprii  s,  1884, 
before  the  City  Notary,  whose  fee  shall  be  paid  by  the 
party  or  parties  executing  the  same. 


156  BONDS  AND  SECURITY. 

Police  bonds     Art.  265.  That  this  requirement  shall  not  apply  to 
Mayor.  bonds  to  be  furnished  by  persons  appointed  on  the  city 

police,  whose  bonds  shall  always  be  filed  and  retained 
in  the  office  of  the  Mayor. 

See  Act  63  of  1888. 

Art.  266.  That  the  City  Notary  shall  deliver,  free  of 
charge,  a  duly  authenticated  copy  of  each  bond  executed 
before  him. 
Surety  to  pos-      ART.  567.   (2)  All  pcrsous  eontractine:  with  the  city 

sess  real  estate.  \     /  f  n  j 

lb.  for  any  work  to  be  done,  and  all  persons  accepting  of- 
fices of  trust  or  emolument  from  the  city,  who  are  re- 
quired by  law  to  give  bond  for  the  faithful  perform- 
ance of  their  duties,  shall  be  required  to  furnish  secu- 
rities possessing  real  estate  to  the  amount  of  the  obli- 
gation of  the  bond.  The  corporation,  in  all  cases,  re- 
serves the  right  of  demanding  additional  security  when- 
ever deemed  advisable. 
See  Act  41  of  1894  relative  to  Companies  on  Bonds. 

com''p"fted''b'e^     Art.  568.  (3)  Thc    Comptroller  shall  not  issue  war- 
warrantf"^  °^  rauts  to  officcrs  or  employees  of  the  city  in  any  instance 
^^'  until  they  complete  their  bonds  in  accordance  with  the 
ordinance  under  which  they  hold  office. 
To  be  fur-     Art.  569.   (4)  All  persons  appointed  to  office  by  the 
two  weeks.      Commou  Couucil  who  shall  neglect  to  furnish  the  name 
'  or  names  of  his  securities  within  two  weeks  after  their 
appointment,  will  be  considered  as  having  declined  to 
qualify,  and  the  Council  proceed  to  anew  election,  unless 
satisfactory  reasons  be  given  for  the  delay. 
condition  of     Art.  570.   (5)    It  shall  be  the  duty   of  the  City  At- 
bonds.        lb  torney  and   Comptroller,  in  all  bonds  of  city  officers, 
to  provide  that  such  bonds  shall  continue  in  force  dur- 
ing the  continuance  of  such  officers  in  the  employment 
to  which  they  may  have  been   elected,  so  that  their  re- 
appointment or  re-election  shall  not  impair  the  obliga- 
tion of  such  bonds, 
tf  "ei,ver""fd     Art.  571.   That   on  the   promulgation   of   any   ordi- 
Stlc2°^r*e'quti'  uauce  whlch  may  be  adopted  by  the  City  Council  of  the 
act5    "°*'"^'^' city  of   New  Orleans,  having  for  its  object  or  purpose, 
^o^rd.  No.  s8,  ^j,   ^^   contemplation    a   written   or    notarial   contract, 
Jan.  9,  '8S3.  ^gj,^gj^gj^^^  bond,  act,  or  sale  or  purchase,  or  any  au 


BONDS  AND  SECURITY.  -  157 

theiitic  act  to  which  the  city  of  New  Orleans  may  be  a 
party,  or  have  any  interest  therein,  the  Clerk  of  the 
City  Council  shall  forthwith  forward  to  the  official  no- 
tary of  the  city  a  duly  certified  copy  of  such  ordinance, 
together  with  all  or  any  essential  papers  or  other  matter 
relating  to  the  subject  matter  of  such  ordinance  as  may 
have  come  into  his  custody  or  possession,  taking  the 
receipt  of  the  City  Notary  for  all  such  papers  or  other 
matter  so  delivered. 

Art.  572.  That  all  ordinances  or  parts  of  ordinances    Repealing 
in  conflict  with  the  provisions  of   the  foregoing   ordi- 
nance be  and  the  same  are  hereby  repealed. 


clause. 


AX  ACT 

Kelative  to  the  disposition  of  forfeited  bonds  and  recognizances, 
and  of  all  tines  and  forfeitures  incurred  for  crimes  and  of- 
fences against  ttie  laws  of  the  State. 

Acts  of  1859,  No.  25,  p.  23. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Eepre- 
sentatives  of  the  State  of  Louisiana,  in  General  Assembly 
convened^  That  all  forfeited  bonds  and  recognizances,  and 
all  fines  and  forfeitures  incurred  for  crimes  and  offences 
against  the  laws  of  this  State,  which,  by  the  laws  hereto- 
fore in  force,  are  required  to  be  paid  into  the  State  treasury, 
shall,  from  and  after  the  passage  of  tliis  act,  belong  to,  and  to  be 
paid  into  the  treasury  of  the  parish  where  such  forfeited  bonds 
and  recognizances  have  been  executed  and  in  which  such  crimes 
or  offences  have  been  committed,  or  such  tines  and  forfeitures 
have  been  incurred;  and  in  the  parish  and  city  of  Xew 
Orleans  such  forfeited  bonds  and  recognizances  anl  tines  and 
forfeitures  shall  belong  to  and,  be  paid  inlo  the  treasury  of  said 
city. 

Sec.  2.  Be  it  further  enacted,  etc..  That  the  foregoing  section 
shall  not  apply  to  any  slave  or  slaves  forfeited  to  the  State,-  nor 
shall  anything  contained  therein  be  so  construed  as  to  affect  in  anj^ 
manner  the  process  for  collecting  forfeited  bonds  and  recogni- 
zances and  tines  and  forfeitures. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts  of  laws 
contrary  to  the  foregoing  sections  be  and  the  same  are  hereby 
repealed. 

(Act  Xo.  164— Approved  March  20.  1856.) 

Sec.  132.  That  the  Common  Council  of  Xew  Orleans  shall  have 
power  to  require  bond  or  security  from  all  persons  holding  any 
office  of  trust  or  emolument  in  the  City  Administration  for  such 
sum  as  it  may  deem  proper. 


158  BOUNDARIES. 


BOUNDARIES. 


oJd!^No."6;os,  ^K'^-  '^^^-  "^^^^  t^^  boundary  line  of  the  left  bank  of 
*Mfrch  s  i8  2  ^^®  Mississippi  river,  between  the  parishes  of  Jefferson 
and  Orleans,  as  defined  in  Sec.  1,-  ot  Act  71  of  1874,  be 
established  as  shown  on  the  plots  of  a  survey,  herewith 
submitted,  made  in  May,  1891,  by  W.  J.  Hardee  and  B. 
J.  Oleviera,  representing  the  parish  of  Jefferson,  and  B. 
M.  Harrod,  City  Engineer,  representing  the  city  of  New 
Orleans,  and  running  from  the  levee  on  the  Mississippi 
river  to  the  bank  of  the  Fourteenth  Street  Canal,  and 
also  by  a  map  of  a  survey  made  by  B,  M.  Harrod,  City 
Engineer,  representing  the  city  of  New  Orleans,  and 
Sidney  F.  Lewis,  Assistant  State  Engineer,  representing 
the  parish  of  Jefferson,  from  the  Fourteenth  Street 
Canal  running  back  to  the  shore  of  Lake  Pontchartrain. 
Maps  to  be  Art.  274.  That  the  Mayor  of  the  city  of  New  Orleans 
deposited.  ^^  j^g  accordingly  directed  to  make  the  deposits,  as  required 
by  law,  of  the  said  maps,  duly  signed  and  countersigned 
by  the  said  surveyors  respectively,  and  by  the  said 
Mayor  and  the  president  of  the  Police  Jury  of  Jefferson 
parish  in  the  office  of  the  Recorder  of  Conveyances  in  the 
parish  of  Orleans. 

City  Limits— See  Citi/  Charter. 
District  Limits— See  City  Charter. 

WARDS — PRECINCTS. 

ord.  9276,  c.  s.     Art.  275.  First  Ward — First  Precinct — From  river  to 
o?d'.  No.  9763iTchoupitoulas,  including  river  side,  and  from  Thalia  to 
bet.  2, 1S94.  Felicity. 
by  Ord."  No.      Sccoud  Prcciuct — From  wood  side  of  Tchoupitoulas  to 
^ Ord.  No'.  983s,  river  side  St.  Thomas  and  from  Thalia  to  Felicity. 
brd.No.976,v     Third  Precinct — From   St.    Thomas   to  Annunciation 
and  from  Thalia  to  Felicity. 

Fourth  Precinct — From   Annunciation   to   Constance 
and  from  Thalia  to  Felicity. 

Fifth  Precinct — From  Constance  to  Magazine  and  from 
Thalia  to  Felicity. 

Sixth  Precinct — From  Magazine  to  Prytania  and  from 
Thalia  to  Felicity. 


BOUNDARIES,  lo^ 

Seventh  Precinct — From  Prytania  to  Carondelet  and 
from  Thalia  to  Felicity. 

Eighth  Precinct — From  Carondelet  to  Dryades  and 
from  Thalia  to  Felicity. 

Ninth  Precinct — From  Dryades  to  Franklin  and  from. 
Thalia  to  Felicity. 

Tenth  Precinct — From  Franklin  to  Freret  and  from, 
Thalia  to  Felicity. 

Eleventh  Precinct — From  Freret  to  Claiborne  and  from 
Thalia  to  Felicity. 

Art.  276.  Second  Ward — First  Precinct — From  river 
to  Tchoupitoulas,  and  from  Julia  to  Thalia. 

Second  Precinct — From  Tchoupitoulas  to  Annuncia- 
tion, and  from  Dalord  to  Thalia. 

Third  Precinct — From  Tchoupitoulas  to  Camp  and  from 
Julia  to  Delord. 

Fourth  Precinct — From  Annunciation  to  Camp  and 
from  Delord  to  Gaiennie. 

Fifth  Precinct — From  Annunciation  to  Camp  and  from 
Gaiennie  to  Thalia. 

Sixth  Precinct — From  Camp  to  Carondelet  and  from 
Julia  to  Calliope. 

Seventh  Precinct — From  Calliope  to  Thalia,  and  from. 
Camp  to  Carondelet. 

Eighth  Precinct — From  Carondelet  to  Baronne,  and 
from  Julia  to  Thalia. 

Ninth  Precinct — From  Baronne  to  Franklin,  and  from 
Julia  to  Calliope. 

Tenth  Precinct — From  Calliope  to  Thalia  and  from 
Baronne  to  Franklin. 

Eleventh  Precinct — From  Franklin  to  Howard  and 
from  Delord  to  Thalia. 

Twelfth  Precinct^ — From  Delord  to  Thalia  and  from 
Howard  to  Magnolia. 

Thirteenth  Precinct — From  Magnolia  to  Carrollton 
avenue  and  from  Delord  to  Thalia. 

Art.  277.  Third  Ward. 

First  Precinct — From  river  to  Magazine  and  from 
Canal  to  Julia. 


160  BOUNDARIES. 

Second  Precinct — From  Magazine  to  St.  Charles  and 
from  Canal  to  Julia. 

Third  Precinct — From  St.  Charles  to  Dryades  and 
from  Canal  to  Poydras. 

Fourth  Precinct — From  Poydras  to  Julia  and  from 
St.  Charles  to  Dryades. 

Fifth  Precinct — From  Dryades  to  Basin  and  from 
Canal  to  Poydras. 

Sixth  Precinct — From  Poydras  to  Julia  and  from 
Dryades  to  Basin. 

Seventh  Precinct — From  Basin  to  Liberty  and  from 
Canal  to  Poydras. 

Eighth  Precinct — From  Poydras  to  Julia  and  from 
Basin  to  Liberty. 

Ninth  Precinct — From  Liberty  to  Claiborne  and  from 
Julia  to  Poydras. 

Tenth  Precinct — From  Poydras  to  Tulane  avenue 
(Common)  and  from  Liberty  to  Claiborne. 

Eleventh  Precinct — From  Tulane  avenue  (late  Com- 
mon) to  Canal  and  from  Liberty  to  Claiborne,  339. 

Twelfth  Precinct — From  Claiborne  to  Johnson  and 
from  Julia  to  Poydras, 

Thirteenth  Precinct — From  Poydras  to  Gravier  and 
from  Claiborne  to  Johnson. 

Fourteenth  Precinct — From  Gravier  to  Palmyra  and 
from  Claiborne  to  Johnson. 

Fifteenth  Precinct — From  Palmyra  to  Canal  and  from 
Claiborne  to  Johnson. 

Sixteenth  Precinct — From  Canal  to  Palmyra  and  from 
Johnson  to  Broad. 

Seventeenth  Precinct — From  Palmyra  to  Gravier  and 
from  Johnson  to  Broad. 

Eighteenth  Precinct — From  Gravier  to  Julia  and  from 
Johnson  to  Broad. 

Nineteenth  Precinct — From  Broad  to  Metairie  and 
from  Canal  to  Julia. 

Art.  278.  Fourth  Ward. 

First  Precinct — From  river  to  Royal  and  from  Canal 
to  St.  Louis. 


BOUNDARIES.  161 

Second  Precinct — From  Royal  to  Dauphine  and  from 
Canal  to  St.  Louis. 

Third  Precinct — FromDanphine  to  Rampart  and  from 
Canal  to  St.  Louis. 

Fourth  Precinct — From  Rampart  to  Marais  and  from 
Canal  to  St.  Louis. 

Fifth  Precinct — From  Marais  to  Claiborne  and  from 
Canal  to  St.  Louis. 

Sixth  Precinct — From  Claiborne  to  Roman  and  from 
Canal  to  St.  Louis. 

Seventh  Precinct — From  Roman  to  Galvez  and  from 
Canal  to  St.  Louis. 

Eighth  Precinct — From  Galvez  to  Broad  and  from 
Canal  to  St.  Louis. 

Ninth  Precinct — From  Broad  to  woods  and  from 
Canal  to  St.  Louis. 

Art.  279.  Fifth  Ward. 

First  Precinct — From  River  to  Chartres,  and  from  St. 
Louis  to  St.  Philip. 

Second  Precinct — From  Chartres  to  Bourbon,  and  from 
St.  Louis  to  St.  Philip. 

Third  Precinct — From  Bourbon  to  Burgundy,  and  from 
St.  Louis  to  Orleans. 

Fourth  Precinct — From  Orleans  to  St.  Philip,  and  from 
Bourbon  to  Burgundy. 

Fifth  Precinct — From  Burgundy  to  Villere,  and  from 
St.  Louis  to  Orleans. 

Sixth  Precinct — From  Orleans  to  St.  Philip,  and  from 
Burgundy  to  Villere. 

Seventh  Precinct — From  Villere  to  Roman,  and  from 
St.  Louis  to  Orleans. 

Eighth  Precinct — From  Orleans  to  St.  Philip,  and  from 
Villere  to  Roman. 

Ninth  Precinct — From  Roman  to  Tonti,  and  from  St. 
Louis  to  Orleans. 

Tenth  Precinct — From  Orleans  to  St.  Philip,  and  from 
Roman  to  Tonti. 

Eleventh  Precinct — From  Tonti  to  Broad,  and  from 
St.  Louis  to  St.  Philip. 


^62  BOUNDARIES. 

Twelfth  Precinct— From  Broad  to  the  Lake,  and  from 
St.  Louis  to  St.  Philip. 

Art.  280.  Sixth  Ward. 

First  Precinct— From  River  to  Chartres,  and  from  St. 
Philip  to  Hospital. 

Second  Precinct — From  Hospital  to  Esplanade,  and 
from  River  to  Chartres. 

Third  Precinct — From  Chartres  to  Rampart,  and  from 
St.  Philip  to  Hospital. 

Fourth  Precinct — From  Hospital  to  Esplanade  and 
from  Chartres  to  Rampart. 

Fifth  Precinct — From  Rampart  to  Villere,  and  from 
St.  Philip  to  Bayou  Road. 

Sixth  Precinct — From  Bayou  Road  to  Esplanade,  and 
from  Rampart  to  Villere. 

Seventh  Precinct — From  Villere  to  Claiborne,  and 
from  St.  Philip  to  Esplanade. 

Eighth  Precinct — From  Claiborne  to  Prieur,  and  from 
St.  Philip  to  Esplanade. 

Ninth  Precinct — From  Prieur  to  Rocheblave,  and  from 
St.  Philip  to  Esplanade. 

Tenth  Precinct — From  Rocheblave  to  Bayou  St.  John, 
and  from  St.  Philip  to  Esplanade. 

Art.  281.  Seventh  Ward. 

First  Precinct — From  North  Peters  to  Chartres  and 
from  Esplanade  to  Elysian  Fields. 

Second  Precinct — From  Chartres  to  Dauphine  and 
from  Esplanade  to  Elysian  Fields. 

Third  Precinct — From  Dauphine  to  Rampart  and  from 
Esplanade  to  Elysian  Fields. 

Fourth  Precinct — From  Rampart  to  Marais  and  from 
Esplanade  to  Elysian  Fields. 

Fifth  Precinct — From  Marais  to  Robertson  and  from 
St.  Anthony  to  Elysian  Fields. 

Sixth  Precinct — From  Robertson  to  Celestine  and 
from  Elysian  Fields  to  St.  Anthony. 

Seventh  Precinct — From  St.  Anthony  to  St.  Bernard 
avenue  and  from  Marais  to  Celestine. 


BOUNDARIES.  163 

Eighth  Precinct — From  Marais  to  Derbigny  and  from 
•St.  Bernard  avenue  to  Esplanade. 

Ninth  Precinct — From  Derbigny  to  Galvez  and  from 
St.  Bernard  avenue  to  Esplanade. 

Tenth  Precinct — From  Esplanade  to  St.  Bernard  ave- 
nue and  from  Galvez  to  Broad. 

Eleventh  Precinct — From  St.  Bernard  avenue  to 
Elysian  Fields  and  from  Celestine  to  Marigny. 

Twelfth  Precinct — From  Broad  to  the  woods  and 
from  Esplanade  to  Marigny  avenue. 

Thirteenth  Precinct — From  Marigny  avenue  to  Lake 
Pontchartrain   and  from  Elysian  Fields  to  the  woods. 

Art.  282.  Eighth  Ward. 

First  Precinct — From  Elysian  Fields  to  Lafayette 
avenue  and  from  Peters  to  Chartres. 

Second  Precinct — From  Elysian  Fields  to  Mandeville 
and  from  Chartres  to  Rampart. 

Third  Precinct — From  Mandeville  to  Lafayette  and 
Chartres  to  Rampart. 

Fourth  Precinct — From  Elysian  Fields  to  Mandeville 
and  from  Rampart  to  Villere. 

Fifth  Precinct — Mandeville  to  Lafayette  and  from 
Rampart  to  Villere. 

Sixth  Precinct — From  Elysian  Fields  to  Lafayette  ave- 
nue, and  from  Villere  to  Celestine. 

Seventh  Precinct — From  Elysian  Fields  to  Lafayette 
avenue  and  from  Celestine  to  Lake. 

Art.  283.  Ninth  Ward. 

First  Precinct — From  North  Peters  to  St.  Claude  and 
frotn  Lafayette  to  St.  Ferdinand. 

Second  Precinct — From  St.  Ferdinand  to  Clouet  and 
from  North  Peters  to  St.   Claude. 

Third  Precinct — From  Clouet  to  Piety  and  from 
North  Peters  to  St.  Claude. 

Fourth  Precinct — From  Piety  to  Congress  and  from 
North  Peters  to  St.  Claude. 

Fifth  Precinct — From  Congress  to  Bartholomew  and 
irom  North  Peters  to  St.  Claude. 


164  BOUNDARIES. 

Sixth  Precinct — From  Bartholomew  to  Poland  and 
from  North  Peters  to  St.  Claude. 

Seventh  Precinct — From  Lafayette  avenue  to  Clouet 
and  from  St.  Claude  to  Florida  walk. 

Eighth  Precinct — From  Clouet  to  Poland  and  from 
St.  Claude  to  Florida  walk. 

Ninth  Precinct — From  People's  avenue  to  woods  and 
from  Florida  walk  to  Pontchartrain. 

Tenth  Precinct — From  Poland  to  Delery  and  from 
river  to  St.  Claude  street. 

Eleventh  Precinct — From  Poland  to  Fisherman's 
Canal  and  from  St.  Claude  to  Florida  walk. 

Art.  284.  Tenth  Ward. 

First  Precinct — From  river  to  Rousseau,  from  Felicity 
Road  to  Josephine. 

Second  Precinct — From  Josephine  to  First  and  from 
river  to  Rousseau. 

Third  Precinct — From  Rousseau  to  Chippewa  and  from 
Felicity  Road  to  Josephine. 

Fourth  Precinct — From  Josephine  to  First  and  from 
Rousseau  to  Chippewa. 

Fifth  Precinct — From  Chippewa  to  Laurel  and  from 
Felicity  Road  to  Josephine. 

Sixth  Precinct — From  Josephine  to  First  and  from 
Chippewa  to  Laurel. 

Seventh  Precinct — From  Laurel  to  Camp  and  from 
Felicity  Road  to  Josephine. 

Eighth  Precinct — From  Josephine  to  First  and  from 
Laurel  to  Camp. 

Ninth  Precinct — From  Camp  to  St.  Charles  and  from* 
Felicity  Road  to  Josephine. 
Ord.No.9763,     Tenth  Precinct — From  Josephine  to   First  and  from 
Camp  to  St.  Charles. 

Eleventh  Precinct — From  St.  Charles  to  Baronne  and 
from  Felicity  Road  to  Josephine. 

Twelfth  Precinct — From  Josephine  to  First  and  from 
St.  Charles  to  Baronne. 

Thirteenth  Precinct — From  Baronne  to  Franklin  and 
from  Felicity  Road  to  Josephine. 


BOUNDARIES.  165 

fourteenth  Precinct — From  Josephine  to  First  and 
from  Baronne  to  Franklin. 

Fifteenth  Precinct — From  Franklin  to  woods  and  from 
Felicity  Road  to  Josephine. 

Sixteenth  Precinct — From  Josephine  to  First  and  from 
Franklin  to  woods. 

Ordinance  9763,  C.  S. 

Art.  285.  Eleventh  Ward. 

First  Precinct — From  river  to  St.  Thomas  and  from 
First  to  Washington. 

Second  Precinct — From  Washington  to  Toledano  and 
from  river  to  St.  Thomas. 

Third  Precinct — From  St.  Thomas  to  Annunciation 
and  from  First  to  Washington. 

Fourth  Precinct — From  Washington  to  Toledano  and 
from  St.  Thomas  to  Annunciation. 

Fifth  Precinct — From  Annunciation  to  Constance  and    . 
from  First  to  Washington. 

Sixth  Precinct — From  Wa'shington  to  Toledano  and 
from  Annunciation  to  Constance. 

Seventh  Precinct — From  Constance  to  Camp  and  from 
First  to  Washington. 

Eighth  Precinct — From  Washington  to  Toledano  and 
from  Constance  to  Camp. 

Ninth  Precinct — From  Camp  to  St.  Charles  and  from 
First  to  Washington. 

Tenth  Precinct — From  Washington  to  Toledano  and 
from  Camp  to  St.  Charles. 

Eleventh  Precinct — From  St.  Charles  to  Baronne  and 
from  First  to  Washington. 

Twelfth  Precinct — From  Washington  to  Toledano  and 
from  St.  Charles  to  Baronne. 

Thirteenth  Precinct — From  Baronne  to  Liberty  and 
from  First  to  Washington. 

Fourteenth  Precinct — From  Washington  to  Toledano 
and  from  Baronne  to  Liberty. 

Fifteenth  Precinct — From  Liberty  to  woods  and  from 
First  to  Toledano, 


166  BOUNDARIES. 

Art.  286.  Twelfth  Ward. 

First  Precinct — From  river  to  Laurel  and  from  Tole- 
dano  to  General  Taylor. 

Second  Precinct — From  General  Taylor  to  Napoleon 
avenue,  and  from  river  to  Laurel. 

Third  Precinct — From  Laurel  to  Camp  and  from  Tol- 
edano  to  General  Taylor. 

Fourth  Precinct — From  General  Taylor  to  Napoleon 
avenue  and  from  Laurel  to  Camp. 

Fifth  Precinct — From  Camp  to  St.  Charles  and  from 
Toledano  to  General  Taylor. 

Sixth  Precinct — From  General  Taylor  to  Napoleon 
avenue  and  from  Camp  to  St.  Charles. 

Seventh  Precinct — From  St.  Charles  to  Dryades  and 
from  Toledano  to  Napoleon  avenue. 

Eighth  Precinct — From  Dryades  to  woods,  and  from 
Toledano  to  Napoleon  avenue. 

Art.  287.  Thirteenth  Ward. 

First  Precinct — From  river  to  Laurel,  and  from  Na- 
poleon avenue  to  Bordeaux. 

Second  Precinct — From  Bordeaux  to  Peters  avenue, 
and  from  river  to  Laurel. 

Third  Precinct — From  Laurel  to  Camp,  and  from 
Napoleon  avenue  to  Bordeaux. 

Fourth  Precinct — From  Bordeaux  to  Peters  avenue, 
and  from  Laurel  to  Camp. 

Fifth  Precinct — From  Camp  to  Prytania,  and  from 
Napoleon  avenue  to  Bordeaux. 

Sixth  Precinct — From  Bordeaux  to  Peters  avenue, 
and  from  Camp  to  Prytania. 

Seventh  Precinct — From  Prytania  to  woods,  and  from 
Napoleon  avenue  to  Peters  avenue. 

Art.  288.  Fourteenth  Ward. 

First  Precinct — From  river  to  Prytania,  and  from 
Peters  avenue  to  Nashville  avenue. 

Second  Precinct — From  Nashville  avenue  to  Lower - 
line,  and  from  river  to  Prytania. 


BOUNDARIES.  16T 

Third  Precinct — From  Prytania  to  St.  Charles,  and 
from  Peters  avenue  to  Lowerline. 

Fourth  Precinct — From  Peters  avenue  to  Lowerline, 
and  from  St.  Charles  to  lake. 

Art.  289.  Fifteenth  Ward. 

First  Precinct — From  Patterson  to  Delaronde,  and 
from  river  to  Verret  avenue. 

Second  Precinct — From  Delaronde  to  Market,  and 
from  river  to  Verret  avenue. 

Third  Precinct — From  Patterson  to  Alix,  and  from 
river  to  Verret. 

Fourth  Precinct — From  Patterson  to  Alix,  and  from 
Verret  to  Verret  avenue. 

Fifth  Precinct — From  Alix  to  Market,  and  from 
Verret  to  Verret  avenue. 

Sixth  Precinct — From  Market  to  Lapeyrouse,  and 
from  river  to  Verret  avenue. 

Seventh  Precinct — From  Lapeyrouse  to  Olivier,  and 
from  river  to  limits. 

Eighth  Precinct — From  Patterson  to  limits,  and  from 
Verret  to  Olivier. 

Ninth  Precinct — From  river  to  limits,  and  from  Oli- 
vier to  cutoff. 

Art.  290.  Sixteenth  Ward. 

First  Precinct — From  river  to  Pearl,  and  from  Lower- 
line  to  Carrollton,  or  Canal  avenue. 

Second  Precinct — From  Pearl  to  Third,  and  from 
Lowerline  to  Carrollton,  or  Canal  avenue. 

Third  Precinct — From  Third  to  woods,  and  from 
Lowerline  to  Carrollton,  or  Canal  avenue. 

Art.  291.  Seventeenth  Ward. 

First  Precinct — From  river  to  Fourth,  and  from  Car- 
rollton avenue  to  Upperline. 

Second  Precinct — From  Fourth  to  Eighth,  and  from 
Carrollton  avenue  to  Upperline. 

Third  Precinct — From  Eighth  to  woods,  and  from 
Carrollton  avenue  to  Upperline. 


168  BUILDINGS  AND  THEIR  CONSTRUCTION. 

BUILDINGS  AND  THEIR  CONSTRUCTION. 

See  Fire  Escapes  and  Fire  Limits. 

Certificate  of     -^^T.  292.  That  no   building  shall  be  erected,  or  its 
^ordf Nf>'.6633'.  ^''^^^^^^  Commenced,    or   any   alteration   made   in   any 
c^^s.,  July  s.j^niiding  already  erected,  or  hereafter  to  be  erected,  when 
such  buildings  or  alterations  shall  cost  more  than  thirty- 
five  hundred  dollars  ($3500),  unless  plans  and  specifica- 
tions or  a  copy  thereof,  together  with  the  contract  cost 
of  such  building  or  alteration,  shall  have  first  been  sub- 
mitted to  the  City  Engineer,  and  a  certificate  of  approval 
and  a  permit  granted  by  him  therefor.     It  shall  be  the 
sprcific"  tions.^  duty  of  the  City  Engineer,  without  unreasonable  delay, 
to  issue  such  certificate  when  such  plans  and  specifica- 
tions conform  to  this  ordinance.     All   plans   submitted 
for  approval,  whether  for  alterations  or  new   buildings, 
must  be  drawn  to  a  proper  scale  in  a  legible  manner  and 
show   foundations,    front  and   side    elevation,  and    all 
upper  walls,  and  all  such  piers,  chimneys,  flues,  columns, 
girders  and  supports,  as  are  intended  to  be  used,  and 
such  other  sections  and  elevations  as  may  be  required, 
to  clearly  indicate  and  represent  the  construction  of  the 
xeSdTrces^  of  proposed  work.     No  plans  will  be  considered  unless  ac- 
ere"m  u  s  t^^Ic- companied  by  the  specifications,  and  such  specifications 
companypians.  j^^g^  j^g  written  iu  a  legible  manner,  and  must  conform 
strictly  with  law  and  with  the  plans  accompanying  them, 
and  must  have  the  names  and  residence  of  the  owner,  or 
owners,  architect  and  builder  or  contractor,  and    must 
set  forth,  clearly  and  fully,  the  location  of  the  building 
to  be  erected,  or  the  building  whereon  alteration  or  re- 
pairs are  to  be  made. 

Record.  Art.  293.  Whenever  a  permit  shall  have  been  granted 

'  by  the  City  Engineer  for  t  He  erection  of   any  new  building, 

or  the  alteration  of  any  existing  building,  he  shall  make 

a   record  of  such  permit,  describing   the   exact   location 

and  cost  of  each  building  or  alteration. 

^Permits.  Art.  294.  (2)  If  such  building  or  alteration  cost  less 

^^'  than  thirty-five  hundred  dollars   ($3500)  a  permit  must 


BUILDINGS  AND  THEIR  CONSTRUCTION.  169 

be  first  obtained  from  the  City  Engineer,  as  provided  in 
paragraph  3  of  this  section. 

Art.  295.  (3)  The  following  rates  shall  be  charged  by    charges   for 
the  City  Engineer  for  permits  for  all  buildings,  repairs,  '      ib, 

etc. : 

For  the  erection  of  any  building  costing  less  than 
$750,  $0.50. 

For  the  repairs  or  erection  of  any  building  costing 
from  $750  to  $1250,  $1. 

For  the  repairs  or  erection  of  any  building  costing 
from  $1250  to  $1750,  $1.50. 

For  the  repairs  or  erection  of  any  building  costing 
from  $1750  to  $2250,  $2. 

For  the  repairs  or  erection  of  any  building  costing 
from  $2250  to  $2750,  $2.50. 

For  the  repairs  or  erection  of  any  building  costing 
from  $2750  to  $3250,  $3. 

The  rate  to  be  one-tenth  of  one  per  cent,  on  the  cer- 
tified cost,  the  rate  of  charge  to  vary  at  fifty  cents,  ac- 
cording to  the  proximity  to  said  rate  of  one-tenth  of 
one  per  cent. 

Art.  296.  The  certified  cost  shall  be  the  whole  of  the  certified  cost. 

Id. 

contemplated  repair  or  improvement,  including  all  foun- 
dations, piles,  concrete,  plumbing,  gas  fitting,  paving, 
interior  and  exterior  finish,  painting,  etc.,  all  complete, 
which  cost  shall  be  sworn  to  by  the  owner,  or  his  au- 
thorized agent,  or  builder  or  architect,  before  a  compe- 
tent officer. 

Art.  297.  No  charge  shall  be  made  for  the  alteration,    no  charge 
repair  or  enlargement  of   any  building  already  erected  ""  "      °'  ib. 
when  the  cost  of  such  alteration,  repair  or  enlargement 
shall  be  less  than   seven    hundred   and    fifty  dollars 
($750). 

Art.  298.  (3)  "  He  who  first  builds  in  this  city  in  a  partywaiis. 
place  which  is  not  surrounded  by  walls  may  rest  one- 
half  of  his  wall  on  the  land  of  his  neighbor,  provided 
he  build  with  stone  or  bricks,  at  least  as  high  as  the  first 
story,  and  notin  frame  or  otherwise;  and  provided  the 
whole  thickness  of  this  wall  does  not  exceed  eighteen 
(18)  inches,  not  including   the  plastering,  which  must 


170 


BUILDINGS  AND  THEIR  CONSTRUCTION. 


How    con 
structed. 


Brick  walls. 


not  be  more  than  three  (3)  inches.  But  he  can  not 
compel  his  neighbor  to  contribute  to  the  raising  of  this 
wall."     (C.  C.  675.) 

Art.  299.  All  walls  hereafter  built  in  the  city  of  New 
Orleans  shall  be  so  constructed  that  the  centre  of  the 
walls  shall  be  directly  over  the  centre  of  the  foundation. 

Art.  300.  (4)  All  mortars  used  in  the  construction  of 
brick  or  stone  work  shall  be  made  of  good  lime  or  ce- 
ment and  sand  properly  manipulated  and  in  proper  pro- 
portions.    No  loam  or  river  sand  shall  be  used. 

Art.  301  (5)  All  brick  walls  hereafter  erected  in  the 
city  of  New  Orleans  shall  be  so  constructed  as  to  conform 
to  the  following  table  of  stories,  minimum  thickness 
and  maximum  heights,  to- wit: 


Number  of 
stories 

1 
.13  in. 
.13  in. 
.13  in. 
.18  in. 
.18  in. 
.22  in. 
.22  in. 


Thickness  of  walls. 
4  5  6 


13  in. 
13  in. 
18  in. 
18  in. 
18  in. 
22  in. 


13  in. 
13  in. 
18  in. 
18  in. 
18  in. 


13  in. 
13  in. 
18  in. 
18  in. 


13  in. 
13  in. 

18  in. 


13  in. 
13  in. 


13  in. 


Height  of 
walls,  feet. 


18 
36 
52 
65 

78 

90 

102 


8.  .22  in.   22  in.   22  in.   18  in.   18  in.  18  in.  13  in.  13  in.  114    " 

These  heights  not  to  include  the  fire  wall. 
Stonewalls.       All  stouc    walls    shall   be    four  inches   (4  inches) 

thicker  than  as  above  provided  for  brick  walls. 
Buildings,     All  buildings  of  six  or  more  stories  in  height  shall  be 
stories.]  of  mill  or  fire-proof  construction. 

Buildings     The  height  and   thickness  of  wallS  of  buildings  more 
Sg°h^*stories*°than  eight  (8)  stories  high  shall  be  subject  to  the  special 
approval  of  the  City  Engineer. 

Art.  302.  (6)  All  stone  walls  less  than  twenty-four 
inches  (24)  thick  shall  have  at  least  one  header  extcHding 
through  the  walls  in  every  three  feet  (3)  in  height  from 
the  bottom  of  the  wall,  and  in  every  four  feet  (4)  in 
length  ;  and  if  over  twenty-four  inches  (24)  thick,  shall 
have  one  header  for  every  six  (6)  superficial  feet  on 
Stone  walls.  \)qI^  sides  of  the  wall,  and  running  into  the  wall  at 
least  two  feet  (2)  ;  all  headers  shall  be  at  least  eighteen 
inches  (18)  in  width  and  eight  inches  (8)  thickness. 
In  every  brick  wall  every  fourth   course  of  brick   shall 


BUILDINGS  AND  THEIR  CONSTRUCTION.  171 

be  a  heading  course,  except  where  walls  are  faced  with  Brick  waii  s 
differant  brick,  in  which  case  every  fifth  course  shall  be 
bonded  into  the  backing  by  cutting  the  corner  of  the 
face  brick  and  putting  in  diagonal  headers  behind  the 
same,  or  by  splitting  the  face  brick  in  half  and  backing 
the  same  by  a  continuous  row  of  headers.  In  all  walls 
which  are  faced  with  thin  ashlar  anchored  to  the  back- 
ing, or  in  which  the  ashlar  has  not  either  alternate  aifwaiis"^  °^ 
headers  and  stretchers  in  each  course,  alternate  heading 
and  stretching  courses,  the  backing  shall  be  of  hard 
burnt  brick,  and  shall  be  laid  up  in  cement  and  sharp 
sand.  All  heading  courses  shall  be  good,  hard,  per- 
fect brick. 

Art.  303.  (7)  In  all  buildings  where  the  walls  are  built  Hoiiowwaiis 
hollow,  each  wall  shall  be  nine  inches  (9)  thick,  for 
two  story  buildings;  thirteen  inches  (13)  thick  for  first 
two  stories  of  three,  four  and  five  story  buildings,  bal- 
ance nine  inches  (9)  thick;  seventeen  inches  (17)  thick 
for  first  two  stories  of  six  and  seven  story  buildings ; 
thirteen  inches  (13)  for  next  story,  and  nine  inches  (9) 
for  balance  of  wall.  No  hollow  walls  shall  be  built 
unless  the  two  walls  forming  the  same  shall  be  con- 
nected by  continuous  vertical  ties  of  the  same  material 
as  the  wall,  and  not  over  twenty-four  inches  (24)  apart. 
The  height  of  all  walls  shall  be  computed  from  the  grade 
level.  No  swelled  or  refuse  brick  shall  be  allowed  in 
any  wall  or  pier;  and  all  brick  used  in  the  construction, 
alteration  or  repair  of  any  building  or  any  part  thereof, 
shall  be  good,  hard,  well-burned  brick,  shall  be  well  wet 
at  the  time  they  are  laid,  except  in  freezing  weather, 
when  they  shall  be  laid  dry. 

Art,  304.  (8)  In  no  case  shall  the  side,  end  or  party  wall  Front,  rear 
of  any  building  be  carried  up  more  than  two  stories  in  To  be'anchored! 
advance  of  the  front  and  rear  walls.  The  front,  rear, 
side  or  party  walls  of  any  building  hereafter  to  be  erect- 
ed shall  be  anchored  to  each  other  every  six  feet  (6)  in 
their  height  by  tie  anchors,  made  of  one  and  a  quarter 
inch  by  three-eighths  inch  (IHxX)  wrought  iron.  The 
said  anchors  shall  be  ^buiit  into  the  side  or  party  walls 
not  less  than  twenty-four  inches  (24),  and  into  the  front 


172  BUILDINGS  AND  THEIR  CONSTRUCTION. 

and  rear  walls  at  least  one-half  the  thickness  of  the  front 
or  rear  walls,  so  as  to  secure  the  front  and  rear  walls  to 
the  side  wall,  and  all  stone  used  for  the  facing  of  any- 
building:,  except  where  built  with  alternate  headers  and 
stretchers,  as  hereinbefore  set  forth,  shall  be  strongly- 
anchored  with  iron  anchors  in  each  stone,  and  all  such 
anchors  shall  be  let  into  the  stone  at  least  one  (1)  inch. 

Side  or  party  Art.  305.  The  sidc  or  party  walls  shall  be  anchored  at 
anchored.  evcry  tier  of  beams  to  every  fifth  beam  by  wrought  iron 
not  less  than  three-eighths  (K)  by  one  and  three-quar- 
ters inch  (1^)  (Xxl^),  and  with  a  lip  on  end  of  an- 
chor notched  in  the  wood,  and  the  anchor  spiked  to  the 
beam  by  not  less  than  two  (2)  spikes.  The  portion  of 
anchor  going  into  the  wall  to  be  split  and  the  split 
portion  to  be  eight  (8)  inches  long.  Where  the  floor 
beams  are  supported  by  girders  in  such  manner  that  the 
floor  beams  rest  on  the  top  of  girders,  they  shall  extend 
full  width  of  girder  and  be  spiked  together.  Where  it 
is  impracticable  to  rest  beams  on  top  of  the  girder,  they 
will  butt  against  the  girder  and  be  thoroughly  secured 
thereto  by  wrought  iron  straps,  in  such  manner  as  may 
be  approved  by  the  City  Engineer,  and  every  fifth  beam 
will  have  a  strap  placed  on  top  of  beams  connecting  same 
together  and  spiked  thereto. 

Joists  or     Art.  306.  All  joists  or  timbers  shall  be  splayed  so  as 

™  *'^'  lb.  to  have  the  upper  edge  flush  with  the  inside  face  of  the 
wall. 

Art.  307.  All  plate  irons  shall  be  built  into  the  side  or 
and*  *i  r^n  party  walls,  and  the  iron  anchors  used  to  secure  the  plate 
lb.  pieces  shall  be  at  least  two  inches  (2  inches)  wide  and 
one-half  inch  (>2  inch)  thick,  and  the  anchors  at  the  end 
of  every  plate  piece  shall  be  worked  or  built  into  the  side 
or  party  wall  of  the  building,  and  the  said  anchors  shall 
turn  down  at  least  four  inches  (4  inches). 

Art.  308.  (9)  No  stone  or  iron  cornice  shall   project 

Cornices.  ^^  jjjQ^g  ^jj^u  the  thickucss  of  the  wall  on  which  it  rests, 
unless  made  of  sheet  metal,  and  the  stone  shall  run 
through  said  wall.  Brick  cornices  shall  be  carried  on 
stone  or  iron  similarly  extended  through  the  wall.  And 
in  any  case  the  greater  weight  of  stone  or  iron,  or  other 


BUILDINGS  AND  THEIR  CONSTRUCTION.  173 

metals,  shall  be  on  the  inside  of  said  line  of  said  wall  or 
walls. 

Art.  309.   (10)  All  discharg^ing  or  arched  pieces  used  Discharging  or 
in  the  chimney   of   any   building   hereafter   erected   or  *'^''  ^  '"^"bl 
built  in  the  city  of  New  Orleans  shall  recede  from  any 
flue  in  the  chimney  at  least  6  inches  (6),  and   all   chim- 
ney flues  shall  be  lined  with  terra  cotta  lining  from  top  to 
bottom. 

Art.  310.  In  no  building  shall  any  wooden  girder,  beam  chimneys  and 
or  timber,  resting  on  the  walls,  be  placed  nearer  than  eight  \ioa.  *^°"*"'"'^' 
inches  (8)  of  any  flue,  whether  the  same  be  smoke,  air 
or  any  other  flue.     No  chimney  shall  be  built   against 
any  piece  of  timber,  nor  shall  any  timber  be  used  in  the 
construction  of  any  chimney  flue.     No   plank  or   other 
combustible  material  shall  be  laid  on  chimney  tops.    No 
oven,  furnace  or  forge  •  shall  be   constructed   against  a  oven,  furnace 
partition  wall  unless  a  counter  wall  of  masonry  be  made,    ""^  '"^^^' 
provided   that  if   a  partition  wall   be  made  of   brick  or 
stone,  a  space  of  one  foot  (1)  shall  be  left  between,  and  if 
of  pales  or  plank  a  space  of  four  feet  (4)  ;  and  if  any  one 
shall  find  any  chimney,  oven,  furnace,  forge  or  apparatus 
so  defective  as  to  be  dangerous,  he  shall  make  a  report  of 
same  to  the  Mayor,  who  shall  cause  same  to  be  exam-    Dangerous 
ined,  and  satisfying  himself  of  the  dangerous  condition  *=°"*"'"'='*°"*- 
of  said   chimney,    oven,    furnace,  forge   or   apparatus, 
shall,  in  writing,  direct  the  owner  or  his  agent  to  repair 
or  remove  the  cause  of  such  danger  within  such  time   as 
he  shall  deem  reasonable. 

Art.  311.  (11)  All  buildings  more  than  thirty -two  feet    Floors  and 
(32)  in  width  shall  be  built  in  such  a  manner  that  all  the  [ngs^more  "han 
floors  and  roof  thereof  throughout  their  whole  extent  ^^  eetmwi^t^. 
shall  be  supported  by  and  rest  upon  one  or  more  partition 
walls,  or  walls  of  brick  or   stone,   and  not   less   than 
twelve  inches  (12)  thick,  running  from  front  to  rear, 
or  upon  proper  and  sufficient  posts,  girders  sustained  by 
proper  and  sufficient   pillars  or  columns  of  wood,  iron, 
brick  or  stone,  and  so  that  through  the  whole  extent  of 
such  floor  or  roof,  and  each  of  them,  the  said  walls  shall 
not  be  distant  from  each  other  or  from  such  immediate 
support  or  supports  of  brick,   stone  or   iron,   or  wood^ 


174  BUILDINGS  AND  THEIR  CONSTRUCTION. 

more  than  thirty-two  feet  (32),  except  when  the  joists 
are  supported  by  trusses  or  truss  rods;  provided,  such 
immediate  support  or  supports  may  be  wooden  posts  or 
pillars.     Provided    further,  that  this  section  shall  not 
apply  to  churches,  libraries,  armories,  theatres  and  other 
public  buildings. 
Floors  of  res-     Art.  312.  Floors  of  all  residences  to  be  calculated  to 
I  ences.      ^^  carry  a  dead  load  of  eighty  pounds  (80  lbs.)  per  square 
foot,  and  floors  of  all  office  buildings  to  be  calculated  to 
carry  a  dead  load  of  one  hundred  and  twenty-five  pounds 
(125  lbs.)  per   square   foot.     Floors  of   all  stores  and 
sto-es  a  n  d  warehouses  to  be  calculated  to  carry  a  dead  load  of  two 
warehouses,     jj^^^j^g^j   ^ud   fifty  pouuds  (250  Ibs.)  per  square  foot. 
All  calculations  of  the  strength  of  floors  and  of  material 
for  the  construction  of  buildings  to  be  with  a  factor  of 
five. 
Unlawful  to     Art.  313.  It  shall  be  unlawful  for  occupants  of  stores 
Ixcess^orordr-  ^^  warchouscs  to  load  the  floors  in  excess  of  that  which  is 
nance.  calculated  to  be  a  safe  load  for  the  floors  to  carry  as  pro- 

vided in  this  section. 
Scuttle  frames     Art.  314.  (12)  All  scuttlc  framcs  or  scuttle  doors  on 
oors  gygj.y  building  required  by  law  to  have  a  fire-proof  roof, 
hereafter  to  be  erected  in  the  city  of  New  Orleans,  shall 
be  made  or  covered   with  copper,  zinc,  tin  or  iron,  and 
every  window  and  entrance  above  the  first  story  in  the 
rear  of  every  storehouse  over  thirty  feet  (30  ft.)  in  height 
to  the  peak  or  highest  part  thereof  from  the  level  of  the 
sidewalk,  shall  have  shutters  and  doors  thereon,  made  of 
copper  or  iron,  or  other  fire-proof  materials.     All  build- 
shutters,  open- ings  haviug   irou   shutters  on  front  of  same  shall  have 
*"^  **  ■  one  or  more  of  them   provided  with  such  arrangement 

for  opening  same  from  the  outside  as  shall  be  approved 
by  the  Chief  of  the   Fire  Department  and  the  City  En- 
gineer. 
Roofs,   top     Art.  315.   (13)  The  planking  or  sheathing  of  the  roof 
4°oTmer*win.  of  cvery  brick  Or  stone  dwelling,  store,  storehouse,  or 
ered^withfirl- other  building,  in  the  fire  limits  so  erected  or  built  as 
proof  matenai^s^j^^gg^l^^  shall  in  uo  casc  bc  cxtcudcd  across  the  party 
or  side  walls  thereof,  and  every  such  dwelling,  store, 
storehouse,  or  other  building,  and  the  top  and  sides  of 


BUILDINGS  AND  THEIR  CONSTRUCTION.  175 

the  dormer  windows  thereon  shall  be  roofed  and  covered 
with  slate,  iron,  copper,  tin,  zinc,  or  other  fire-proof 
material. 

Art.  316.  (14)  All  beams  or  other  timber  in  the  party,    Beams   or 
or   other  walls  of  any  dwelling,   store,  storehouse,  or  p^nj^ '"^11^  t*o 
other  building,   hereafter  built  or  erected  of  brick  or ''^ '^p *'''''•= V 
stone  in  this  city,  shall  be  separated  from  the  beams  or 
timber  entering  into  the  opposite  side  of  such  walls  by 
the   distance  of  at  least  eight  (8)  inches  between  the 
nearest  points   of  such   beams  or   timbers,  and   when 
necessary  said  walls  shall  be  corbelled  out  to  receive 
such  beams. 

Art.  317.  All  side,  rear  or  party  walls  of  such  build-    ah  side,  rear 
ings  shall  be  built  up  and  extended  at  least  four  (4)°JeSabve 
feet  above  the  planking  or  roofing,  and  shall  not  be '■**°*'"^-      ji, 
less  than  thirteen  (13)  inches  thick,  if  brick,  and  sev- 
enteen (17)  inches  thick,  if  stone;  which  said  fire  wall 
shall  be  laid  in  and  covered  with  hydraulic  cement  and 
sharp  sand ;  provided,  no  Mansard  or  French  roofs  shall 
be  built  within  the  fire  limits  of  this  city. 

Art.  318.  (15)  No  front,  rear  or  other  wall  of  any  Buiid,ngs, etc., 
such  dwelling,  store,  storehouse  or  other  building  now  supposed '' b  J 
erected,  or  hereafter  to  be  erected,  as  aforesaid,  within  j'/gn^'  ^^°"*  "^ 
the  city,  or  any  brick  or  stone  building  or   buildings  in  ^^' 

the  city,  shall  be  cut  off  or  altered  below  to  be  supported 
in  any  manner  in  whole  or  in  part  by  wood,  but  shall  be 
wholly  supported  by  brick,  stone  or  iron ;  and  no  wood 
or  timbers  shall  be  used  between  such  wall  and  such 
supporters ;  nor  shall  any  wood  or  timbers  be  used  or 
bedded  in  any  wall. 

Art.  319.  (16)  The  gutters  to  all  buildings  whereon    Gutters, 
tire-proof  roofs  are  required  shall  be  made  of  tin,  cop- 
per, zinc  or   other  non-combustible   material,  and  they 
shall  be  firmly  secured  to  the  building  by  irons. 

Art.  320.  (17)  No   steeple,    cupola,    spire   or  tower    steepie,   cu- 
shall  be  erected  on  the  top  of  any  building  in  the  fire  ^oweV.^^"*^  °' 
limits  unless  the  same  be  covered  with  non-combustible 
material. 

Art.  321.  (18)  All  rooms  to  be  built  for  sleeping  sleeping  apart- 
apartments  shall  have  at  least  five  hundred  (500)  feet    "**"**• 


176  BUILDINGS  AND  THEIR  CONSTRUCTION. 

cubic  contents  for  each   person  therein,  and  must  com- 
municate with   the  open  air  by  a  glazed  and  movable 
opening  of  at  least  ten  (10)  square  feet  area. 
Hatches,      Art.   322.    The  occupant  or  occupants  of  any  store, 

Kelecure'd''"  storchousc,  manufactory,  or  other  buildings,  in  which 
^''"hatchways  or  hoistways,  or  openings  of  any  kind,  ex- 
cept the  usual  stairways,  are  used  throughout  any  or 
either  floor  thereof,  or  in  case  the  said  building  or  build- 
ings are  unoccupied  and  not  leased,  the  owner  or  owners 
thereof,  and  in  case  they  are  leased,  the  lessee  or  les- 
sees thereof,  shall  cause  the  said  hatch,  hoistways  or 
other  openings  to  remain  closed  or  protected  by  a  rail- 
ing at  least  three  feet  (3)  high,  and  to  be  opened  only 
when  needed  for  the  passage  of  merchandise,  and  the 
said  owner,  lessee  or  agent  shall  cause  the  same  to  be 
securely  shut,  closed  and  fastened  at  the  close  of  each 
day. 
Duty  of  City     Art.  323.  (20)  The  City  Engineer  shall  examine,or  causc 

Engineer.  ^^^^  ^^  examined,  all  buildings  in  the  course  of  erection, 
alteration  or  repair,  and  inquire  into  any  and  all  viola- 
tions of  the  laws  regulating  the  erection,  alteration  or 
repair  of  buildings,  and  shall  forthwith  report  in  writ- 
ing to  the  Mayor  any  such  violations  of  the  laws  as  he 
may  discover,  together  with  the  street  and  number  of 
the  building  upon  which  the  violations  are  found,  and 
the  names  of  the  owners,  agents,  lessees  or  occupants, 
and  the  builders  and  architect,  or  the  artisan  or  trades- 
men who  may  be  guilty,  for  such  violations ;  and  fur- 
ther, he  shall  report  the  nature  of  the  violation  of  law 
and  all  matters  relating  thereto,  and  the  Mayor  shall 
immediately  take  action  to  enforce  the  observance  of 
these  ordinances  and  the  law  thus  violated,  and  to  pro- 
ceed also  to  recover  any  and  all  fines  imposed  for  such 
violation. 
Dangerous     Art.  324.  (21)  Whenever  any  Wall,  buildiug,  Staging 

bui  dings.  ^^^  ^^  other  structure  in  this  city  shall  be  so  unsafe  as  to  be 
dangerous  to  human  life  or  limb  or  property,  the  Com- 
missioner of  Public  Works  shall,  with  the  approval  of 
the  Mayor,  be  authorized  to  instantly  demolish  and 
remove  the  same,  after  having  first  given  the  owner  of 


BUILDINGS   AND   THEIR   CONSTRUCTION.  177 

.such  buildine:  or  his  agent  notice  to  remove  said  danger 
within  three  (3)  days,  and  on  his  failing  to  do  so. 

Art.  325.  Any  expense  incurred  in  the  enforcement  Expense  at- 
of  the  foregoing  section  shall  be  borne  by  the  party  nuoi"^ 
owning  the  said  unsafe  wall  or  structure,  which  sum  or 
sums  expended  in  such  demolition  or  removal  above 
provided  for,  together  with  attorney's  fees,  shall  be 
recoverable  before  any  court  of  competent  jurisdiction, 
and  the  judgment  of  said  court  to  constitute  a  first  lien 
and  privilege  upon  the  property. 

Art.  326.  (22)    No  superstructure   shall  be  erected    Lots  to  be 
within  the  limits  of  the  city  of  New  Orleans  until  the         '        ib. 
lot  is  raised  higher  than  the  sidewalk,  according  to  the 
lines  and  levels  to  be  obtained  from  the  City  Engineer 
or  his  deputy. 

Art.  327.  No  person  shall  build  upon  any  lot  or  por-    Permit  from 
tion  of  ground  in  the  city  of  New  Orleans  without  first    "^    "^'""b! 
obtaining  from  the  City  Engineer  a  permit  showing  that 
the  lot  has  been  filled  to  the  grade  required  as  estab- 
lished by  law. 

Art.  328.  The  grade  shall  be  from  an  established  Grade  of  lots, 
curb,  sloping  upward  one-half  (H)  inch  for  every 
foot  in  width  of  banquette,  front  [edge  or  portion  of 
lot  of  ground  to  be  two  (2)  inches  higher  than  inner 
edge  of  banquette,  and  surface  of  lot  or  portion  of 
ground  gradually  ascending  in  grade  one  (1)  inch  to 
every  ten  (10)  feet  to  the  rear. 

Art.  329.  Should  it  be  represented  that  it  is  impossi-  Filing  bond 
ble  to  obtain  the  filling  for  the  proper  grading  of  lot  '  ib. 
according  to  above  section,  owing  to  high  river  or  other 
cause,  a  permit  will  be  issued  on  filing  of  a  bond  in  a 
sum  equal  to  the  filling  required  to  fill  lot  to  grade  at 
thf  rate  of  one  ($1)  dollar  per  yard,  to  guarantee  the 
proper  grading  when  filling  can  be  obtained.  When 
lot  is  properly  filled,  the  bond  to  be  canceled. 

Art.  330.  The  portion  of  lot  to  be  filled  to  embrace 
the  whole  area  within  fences. 

Art.  331.  The  Board  of  Health  to  have  authoritv  to 
withhold  permits  on  unfilled  lots  in  case:  where  ponds 
or  filth  exist  where  the  material  proposed  to  be  used  as 


178  BUILDINGS   AND   THEIR   CONSTRUCTION. 

Powers  of  filling   is   Sanitarily  unfit  therefor,  where  the  drainage 

Health  in  with- proposed   to   be  established   is  insufficient  to  properly 

mits.  '" ^ ''^'^"  drain  the  premises,  or  for  any  other  unsanitary  cause 

c.  s."    °'  °^*' prejudicial  to  the  public  health,  and  to  that  end  all  ex- 

«g.  30. «   2-  jgj^jjjg  ordinances  concerning  sanitation  of  such  premises 

are  hereby  continued  in  full  force  and  effect,  and  are  not 

to  be  considered  as  repealed  by  this  ordinance. 

Provided,  that  the  preceding  part  of   this  Article  4  of 
this  section  shall  also  apply  to  this  clause  as  amended. 

Sills  of  frame     Art.  332  (23)  All  frame  dwellings  hereafter  erected, 

ordl'ifo.  6S33,  or  whosc  supcrstructiirc  or  frames  are  hereafter  repaired, 
shall  not  have  the  upper  portion  of  their  joists  less  than 
three  (3)  feet  from  the  surface  of  the  ground. 

Water  supply.  Art.  333.  All  buildiugs  hereafter  erected  within  this 
■  city  shall  be  provided  with  a  healthy  supply  of  water, 
not  less  than  five  hundred  (500)  gallons  for  each  room 
in  said  building.  Provided,  the  aggregate  capacity  of 
cistern  capacity  shall  be  not  less  than  twenty-five  hun  - 
dred  (2500)  gallons. 

Cisterns  to  be  Art.  334.  All  cistcms,  the  water  of  which  is  used 
lb.  for  drinking  or  culinary  purposes,  shall  be  provided  by 
the  owners  thereof  with  suitable  covers. 

Chimneys  of  Art.  335.  (24)  The  chimneys  of  all  forges  and  fur- 
n'kfe?.*"  "^'  naces  connected  with  steam  engines,  used  in  factories  of 
every  description,  and  other  establishments,  shall  be 
carried  up  at  least  twenty  (20)  feet  above  the  highest 
peak  or  portion  of  any  building  within  a  radius  of  one 
hundred  (100)  feet  from  said  factory  or  establishment, 
and  all  such  chimneys  shall  have  caps  on  them  so  con- 
structed as  to  prevent  cinders  and  soot  from  falling  upon 
neighboring  houses. 

Debris  to  be  Art.  336.  (25)  Where  any  debris  remains  in  any  lot 
lb.  or  on  the  banquette  contiguous  in  this  city,  resulting 
from  a  fire  or  in  the  demolition  or  partial  demolition  of 
any  building  on  such  lot,  it  is  hereby  made  the  duty  of 
the  owner  or  his  agent  of  the  property  to  remove,  or 
cause  to  be  removed,  from  the  sidewalk  and  street,  all 
such  debris  within  six  (6)  days  after  a  notice  served 
upon  him  by  the  Commissioner  of  Public  Works  or  his- 


lb. 


removed. 


BUILDINGS   AND   THEIR   CONSTRUCTION. 


179 


lb. 


assistant,  and  to  place  snch  debris  in  such  manner  on  his 
lot  as  not  to  be  dangerous. 

Art.  337.  Builders,  in  the  repairing,  construction  and  use  of  street 
•erection  of  buildings  in  the  city  limits,  shall  use  one-half  ^"  anq"et^e. 
of  the  banquette  and  one-third  of  the  street  for  the  piling 
of  material  to  be  used  in  the  construction  of  such  build- 
ing. During  the  construction  of  such  building  the  con- 
tractor shall  maintain  free  and  clear  one-half  of  the 
width  of  the  banquette,  and  shall  protect  pedestrians  by 
placing  a  wooden  awning  over  the  whole  banquette. 

Art.  338.  (2G)  From  and  after  the  passage  of  this  or-  stoves, 
■dinance  no  person  shall  set  up  or  use  a  stove,  any  por- 
tion of  which  shall  be  within  two  feet  (2)  of  any  part  of 
the  woodwork  or  walls,  partitions  or  floors  of  any  build- 
ing within  the  limits  of  the  city  without  protecting  such 
woodwork  with  metallic  covering  so  as  to  effectually 
protect  the  same  from  fire. 

Art.  339.  In  all  cases  where  a  stovepipe  projects  or  stovepipe 
passes  through  the  roof,  partition  or  wall  of  any  build- 
ing, a  part  or  the  whole  of  which  may  be  wood,  the 
pipe  shall  be  supported  from  such  roof  or  woodwork  at 
least  six  inches  (6)  by  sheet  iron  or  other  non-combusti- 
ble materials,  and  shall  project  above  or  beyond  the  roof 
or  wall  of  the  building,  as  the  case  maybe,  at  least  three 
feet  (3). 

Art.  340.  No  stovepipe  shall  be  allowed  to  project 
over  any  sidewalk  or  into  any  street. 

Art.  341.  (27)  It  is  made  the  duty  of  the  owner  or 
his  agent  of  any  building  in  the  city  of  New  Orleans 
having  a  balcony  extending  over  any  portion  of  the  ban- 
quette to  provide  such  balcony  with  a  metal  gutter  at- 
tached to  the  outer  edge  and  leading  into  a  metal  down- 
pipe  leading  across  the  banquette  into  the  street  gutter  j 
provided,  when  said  balconies  are  entirely  covered  by 
roof,  the  gutter  shall  be  attached  to  the  said  roof  in  the 
manner  above  described. 

It  is  further  made  the  duty  of  the  owner  or  his  agent 
to  keep  the  gutters  in  such  repair  as  to  prevent  leakage 
and  drippings  on  the  sidewalks. 


Balcony. 


180  BUILDINGS  AND   THEIR   CONSTRUCTION. 

Gutters  across  Art.  342.  All  gutters  across  the  banquette  shall  be  of 
anquettes.  ^^  (.Qyered  gutters  approved  by  the  City  Engineer,  or  of 
proper  size  drain  pipe.  No  awning  or  balcony  shall 
drain  direct  into  the  street,  and  all  buildings  now  hav- 
ing balconies  or  awnings  draining  directly  into  the  street 
shall  be  required  within  ten  days  from  the  passage  of 
this  ordinance  to  provide  the  necessary  gutters  to  con- 
vey the  water,  as  provided  in  this  section. 
General  penal  Art.  343.  (28)  If  the  owucr  or  owners  of  any  lot  or 
lb.  portion  of  ground  whereon  any  building  is  to  be  con- 
structed or  erected,  or  of  any  building  erected  whereon 
repairs,  alterations  or  additions  are  to  be  made,  shall  be- 
gin such  construction  or  alteration,  etc.,  without  having 
first  obtained  the  certificate  required  in  section  one  of 
this  ordinance,  he  shall  be  deemed  guilty  of  a  misde- 
meanor and  he  shall  be  subject  to  a  fine  of  not  less  than 
five  ($5)  or  more  than  twenty-five  ($25)  dollars,  and  for 
each  day  he  persists  in  such  violation  shall  constitute  a 
new  offence,  and  on  his  failing  to  pay  said  fine  he  shall 
be  imprisoned  in  the  parish  prison  one  (1)  day  for  each 
dollar  of  the  fine  imposed. 

Art.  344.  If,  after  obtaining  permit  therefor,  any 
owner  of  lot  or  portion  of  ground  on  which  a  building 
is  to  be  erected  or  owner  of  any  building  which  is  to 
be  repaired  shall  fail  to  construct  or  repair  his  building 
which  is  to  be  repaired,  in  accordance  with  this  ordi- 
nance, or  whosoever  shall  violate  any  of  the  provisions 
Penalty.  of  this  Ordinance,  shall  be  deemed  guilty  of  a  misde- 
■  meanor  and  said  owner  shall  be  subject  to  a  fine  of  not 
less  than  five  ($5)  nor  more  than  twenty-five  ($25)  dol- 
lars for  each  and  every  violation  of  these  laws,  and  each 
day's  persistence  in  said  violation  shall  constitute  a 
new  offence,  and  the  owner  or  owners  or  his  or  their 
agent  shall  be  notified  by  the  Mayor  to  correct  said 
faulty  construction  to  conform  to  the  provisions  of  this 
ordinance;  on  his  or  her  failure  to  do  so  in  addition  to 
the  above  penalties,  proper  action  will  be  taken  to  pre- 
vent his  persistence  in  such  faulty  construction  and 
such  fault  shall  be  repaired  or  the  work  demolished  at 
the  owner's  expense. 


BUILDINGS  AND  THEIR  CONSTRUCTION.  181 

On  his  failing  to  pay  said  fine  or  fines  he 
shall  be  imprisoned  in  the  parish  prison  one  (1)  day 
for  each  dollar  of  the  fine  imposed. 

Art.  345.  (29)  The  duties  or  powers  herein  imposed  or  Assistants  to 
conferred  on  the  City  Engineer  can  be  delegated  by  him  cuy  Engineer, 
to  such  assistants  as  are  hereinafter  provided  for. 

The  City  Engineer  shall,  by  and  with  the  advice  and 
consent  of  the  City  Council ,  appoint  one  or  more  Assist- 
ant City  Engineers,  who  shall  also  be  a  practical  and 
theoretical  architect,  whose  exclusive  duties  shall  be  to 
properly  enforce  the  provisions  of  this  ordinance. 

The  City  Engineer  shall  have  general  supervision  of 
this  department,  which  is  hereby  made  part  of  his  office, 
and  he  shall  have  power  to  remove  his  assistants  for  in- 
competency, malfeasance  in  office,  or  their  failure  to  do 
and  carry  out  the  duties  devolving  upon  them  by  virtue 
of  this  ordinance. 

Art.  346.    The  salary  of  such   assistants  is  hereby    salary  of  as- 
fixed    at    one   hundred   and   fifty   dollars    ($150)    per****"*^' 
month. 

Art,  347.  (30)  It  is  further  made  the  duty  of  the  City  city  Engineer 

i.T        •  J   1   •       -1  i.-         i  J.       J.1  c  and  assistants 

Engineer  and  his  deputies  to  see  to  the  proper  enforce-    to  enforce 

ment  of  this  ordinance,  and  to  make  affidavit  for  any 

violation  of  it,  and  to  notify  the  Mayor  of  same.     In 

case  the  violation  is  such  as  to  give  rise  to  civil  action, 

the  Superintendent  of  Police  and  the  City  Engineer  and 

his  deputies,  as  provided  above,  shall  report  the  facts  to 

the  Mayor. 

Art.  348.  Any  owner  or  other  party  interested  who  Appeal  to  city 
shall  feel  aggrieved  by  or  dissent  from  the  rulings  of  the      °""*^' '    ib. 
City  Engineer  shall  have  the  right  to  appeal  to  the  City 
Council  for  relief. 

Art.  349.  All  public  buildings,  and  every  building  Pubiic  and  pri- 
hereafter  erected,  the  height  of  which  exceeds  seventy  hfgl7of"eLtin 
feet,  shall  be  built  fire-proof,  that  is  to  say,  shall  be  oTr'd.No.ssis, 
constructed  with  walls  of  brick,  stone,  iron  or  other '^jfov.  14, 1893. 
hard  incombustible  materials,  in  which  timber  lintels  or 
bond  timbers  shall  not  be  placed,  and  in  which  the  floors 
and  roofs  shall  be  of  materials  similar  to  the  walls. 


182  BUILDINGS  AND  THEIR  CONSTRUCTION. 

Stairs.  ^^  ^RT.  350.  The  stairs  and  staircase  landings  shall  be 
built  entirely  of  brick,  stone,  iron  or  other  hard  incom- 
bustible materials. 

Fireproof.  Art.  351.  No  woodwork  or  other  inflammable  material 
"  shall  be  fitted  in  any  of  the  partitions,  furrings  or  ceil- 
ings in  any  of  such  tire-proof  buildings,  excepting,  how- 
ever, the  doors  and  windows  and  their  frames,  the  trims, 
casings,  interior  finish  and  the  floor  boards  and  sleepers 
directly  thereunder  may  be  of  wood. 

Rules  Art.  352.  In   all  fire-proof   buildings  hereafter  con- 

'  structed  the  following  rules  must  be  observed : 

Rule  1.  All  iron  columns  shall  be  made  true  and 
smooth  at  both  ends  and  shall  rest  on  cast-iron  bed 
plates  and  have  cast-iron  caps,  which  shall  also  be  made 
true. 

All  XX  iron  trimmer  beams,  headers  and  tail  beams 
shall  be  suitably  framed  and  connected  together,  and  iron 
girders,  columns,  beams,  trusses  and  all  other  iron  work 
of  all  floors  and  roof  s  shall  be  strapped,  bolted,  anchored 
and  connected  together,  and  to  the  walls  in  a  strong  and 
substantial  manner. 

Rule  2.  Under  the  ends  of  all  iron  beams,  where  they 
rest  on  the  w^alls  ,a  stone  or  cast-iron  template  must  be  built 
into  the  walls,  said  template  to  be  eight  inches  wide  in 
twelve-inch  walls,  and  in  all  walls  of  greater  thickness 
to  be  twelve  inches  wide,  and  such  templates,  if  of  stone, 
shall  not  in  any  case  be  less  than  twelve  inches  long. 

R^ile  3.  All  brick  or  stone  arches  placed  between  iron 
floor  beams  shall  be  at  least  four  inches  thick  and  have 
a  rise  of  at  least  one  and  a  quarter  inches  to  each  foot 
of  span  between  the  beams.  Arches  over  five  feet  span 
shall  be  properly  increased  in  thickness,  as  required  by 
the  Inspector  of  Buildings,  or  the  space  between  the 
beams  may  be  filled  in  with  sectional  hollow  brick  of 
burnt  clay  or  some  equally  good  fire-proof  material 
having  a  depth  of  not  less  than  one  and  a  quarter 
inches  to  each  foot  of  span,  a  variable  distance  being 
allowed  of  not  over  six  inches  in  the  span  between  the 
beams. 


BUILDINGS  AND  THEIR  CONSTRUCTION.  183 

Bide  4.  The  said  brick  or  burnt  clay  arches  shall  be 
laid  to  a  line  on  the  centres  with  close  joints  filled  with 
cement  mortar,  to  proportions  of  not  more  than  three 
of  sand  to  one  of  cement  by  measure.  The  arches  shall 
be  well  grouted. 

Art.  353.   (3)  In  no  case  shall  the  steps  of  buildings    Front  steps, 
extend  on  the  sidewalk  more   than  twenty-four  inches,  o.s."    °' ^"^' 
under  a  penalty  of  five  dollars  for  every  day  this  pro-      ^*^"' '  ^  ' 
vision   shall   be   violated,  after   notice  from  the  Street 
Commissioner. 

Art.  354.   (4)  All  persons  are  forbidden  to  construct,    windowsand 
or  cause  to  be  constructed,  any   door   or   window  pro-  ^  "  *'*'     ib. 
jecting  more  than  twelve  inches  on  the  street  in  front  of 
their  building,  and  it  shall  be   the   duty  of  all  house- 
holders and  tenants  of  buildings,  the   doors  and  shut- 
ters of  which  open  on  the  street,  to  hook  or  otherwise 
secure  the  same,  so  as  to  prevent  accidents  and  not  ob- 
struct the  passage   on   the  sidewalks.     All  persons  vio-    Penalty, 
lating  the  provisions  of  this   section   shall  be  fined  not 
less  than  ten  dollars   for   each   offence,  and  five  dollars 
for  every  day  the  offence  shall  continue  after  notice. 

Art.  355.  That  it  shall  not  be  lawful  to  erect,  and  all  per-  Lots  filled  with 
sons  are  forbidden  to  erect  or  cause  to  be  erected,  any  earth*  "t^o'm 
building  whatever  upon  property  that  has  been  filled  with  ord.  No. 3556, 
excavated  earth  from  canals,  unless  same  has  been  pre-  Feb.  12,  1889. 
viously  exposed  to  the  action  of  the  atmosphere  for  at 
least  one  year,  it  being  understood  that  this  does  not 
apply  to  fresh  soil  excavated  from  new  canals. 

Art.  356.  That  any  person  who  shall  be  found  guilty  be-  Penalty. 
fore  the  Recorder  of  the  district  in  which  the  offence  is 
committed,  of  any  violation  or  evasion  of  this  resolution, 
shall  be  fined  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars,  or  imprisonment  for  not  less  than 
ten  days  nor  more  than  thirty  days,  at  the  discretion 
of  the  court. 

Art.  357.  That  the  proprietor  or  proprietors  of  all  build-  iron  shutters 
ings  in  the  city  of  New  Orleans,  having  iron  shutters  on  "8^2!' an*d  ^^ct 
their  windows,  shall  cause  to  be  attached  to  at  least  one  ^'ord.':^ot'7399, 
shutter  on  each  window  on  each  story  thereof  some  de-  ^Aprii  4, 1893. 
vice  or  apparatus  as  required  by  the  aforesaid  acts  of 


184  BUILDINGS  AND  THEIR  CONSTRUCTION. 

the  Legislature,  and  that  the  same  shall  be  so  applied  iu 
order  that  said  shutters  can  be  opened  from  the  outside 
in  case  of  fire,  to  secure  immediate  access  to  the  build- 
ing on  fire. 

Art.  358.  That  in  case  of  failure  to  comply  with  there- 
Penaity.        quircmcuts  of  this  ordinance,  the  owner  or  owners  of  said 
'or  such  building  or  buildings,    or  his  or  their  agent,  or 
representative,  shall  be  subject,    upon  conviction  there- 
of, of  a  fine  not  exceeding   twenty-five   dollars,    and  in 
default   of   paying   said   fine   to   imprisonment   in   the 
parish  prison  not  exceeding  thirty  days. 
K  e    e  a  1  e  d     -^RT.  359.  That  all  previous  ordinances  or  parts  of  ordi- 
ciause.        ^^  nances  on  the  same  subject  matter,  be  and  the  same  are 
hereby  repealed. 
For  Devices  for  Shltters — See  Fire  Escapes. 
Deposit  fees     Art.  360.  That  the  City  Engineer  be  and  he  is  hereby  di- 
^'"ord.No!6677',reeted  to  deposit  weekly  with  the  City  Treasurer,  through 
^'st'pt.  6  1S92.  a  receiving  warrant   from   the  Comptroller,  all  moneys 
received  by  him  for  fees  collected  under  Ordinance  No. 
6533,  C.  S.,  and  that  this   fund   shall  be  set  aside  and 
known  as  the   Building  Permit    Fund,  and  is  set  aside 
for  the  payment  of  salaries  of   assistant   engineers   and 
necessary  expenses  incurred  in  the  carrying  out  of  the 
provisions  of  Ordinance  No.  6533,  C.  S.,  and  to  be  paid 
out  on  the  certificate  of  the  City  Engineer,  approved  by 
the  City  Council. 
Repealing  ord.     Art.  361.     That    Ordinance  No.    3327,    C.    S.,   and 
No.  3327,  c.^s.  ^jj     other     ordinances     or    parts     of     ordinances    in 
conflict  with  the  provisions  of  this  ordinance  be  and  the 
same  are  hereby  repealed  ;  this  ordinance  to  take  effect 
from  and  after  its  promulgation. 


BUDGET— See  City  Charter. 


BURIALS  AND  BURYING  GROUNDS— 

See  Cemeteries. 


CABLE  TOWERS— See  Towers. 


fl 


CANALS   AND    BASINS.  185 

CLAIMS  AGAINST  THE  CITY— See  City  Debt. 


CAMP  AND  COLISEUM  STREET   CULVERT— 

See  Streets — Drives — Offences. 
Art.  362.  (1)  That  it  shall  be  unlawful  for  any  per-    c  amp  and 
son  or  persons  to  ride  or  drive  any  horse  or  any  animal,  .streets  culvert. 
or  wagon,  cart,  carriage  or  vehicle  of  any  kind  on  the  ord.  No  7656, 
Camp  and  Coliseum  street  culverts,  from  Felicity  street    April  is,  18S2. 
to  Erato  street,  except  when  crossing  at   intersections, 
under  penalty  of  a  fine  of  from  five  to  twenty-five  dol- 
lars, or  imprisonment  in  the  parish  prison  for  from  five      ^""^  ^' 
to  twenty-five  days. 

CANALS   AND  BASINS  — BRIDGES  AND 
SHELL  ROADS. 

Art.  363.  (1)  That  from  and  after  the  passage   of  opening  of 
this  ordinance  it  shall  not  be  lawful  for  any  person  or  Nov.  fs^s. 
persons,  except  the  keeper  or  keepers  appointed  by  the    '    '  '^^  ^* 
city,  or  the  private  keeper  who  may  be  appointed  by  a 
railroad  company,   to  open  any  of   the    bridges    over 
the  canals  of  the  city. 

Art.  364.  That  whoever  shall  violate  the  provisions    penalty, 
of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed  as^/  ^°'  '*^^^' 
twenty-five  dollars  or  imprisoned  in  the  parish  prison  for    °^'''  '^'  '^' 
a  term  not  to  exceed  thirty  days,  or  both,  or  imprisoned 
in  the  said  parish  prison  for  a  term  not  to  exceed  thirty 
days  in  default  of  payment  of  the  fine,  to  be  imposed  by 
the  Recorder  of  the  district  wherein  the  offence  is  com- 
mitted ;  provided,  that  the  fine  shall  not  exceed  twenty - 
five  dollars  for  each  offence,  nor  the  imprisonment  more 
than  thirty  days. 

Act  No.  67— Approved  March  27,  1873. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Louisiana,  in  General  Assembly  convened,  That  the  city  of 
New  Orleans  shall  have  the  right  to  construct  and  maintain  a 
turning  bridge  across  the  New  Orleans  canal  and  Broad  street 
for  such  length  of  time  as  the  city  may  desire  it,  the  bridge  to  be 
one  hundred  to  one  hundred  and  twenty  feet  in  length,  sup- 
ported in  the  centre  by  proper  pivot  and  turn-table,  with  an 
opening  each  side  of  from  forty  to  fifty  feet. 


186  CANALS  AND   BASINS. 


Canal  Carondelet  and  Bayou  St.  John. 

Schooners.  Art.  365.  (2)  The  whole  part  of  Basin  Carondelet, 
cSien^^Digest  fronting  Bashi  street,  between  St.  Peter  and  St.  Louis 
streets,  is  especially  appropriated  for  the  landing  of 
schooners  and  other  crafts,  all  resolutions  to  the  con- 
trary notwithstanding. 

Not  to  land  Art.  366.  It  shall  not  be  lawful  for  any  master  or  owner 
lb.  of  any  schooner  or  craft  whatever,  landing  at  the  Basin 
Carondelet,  to  land  or  suffer  to  be  landed,  within  the 
whole  part  of  said  basin,  fronting  on  Basin,  between  St, 
Louis  and  St.  Peter  streets,  any  lot  of  bricks,  shells  or 
firewood,  under  penalty  of  a  fine  of  twenty-five  dollars, 
recoverable  before  the  Recorder  of  the  district,  or  any 
other  competent  magistrate,  from  each  owner  or  master 
of  any  schooner  or  craft  violating  the  foregoing  resolu- 
tion. 

Cargo  landed  Art.  367.  Any  pcrsou  owuiug  any  lot  of  bricks,  shells 
tion  of  ordi-or  fircwood  landed  within  the  aforesaid  space  in  contra- 
ib.vention  to  the  aforesaid  resolution,  shall  be  liable  to  the 
aforesaid  fine  of  twenty-five  dollars  for  each  and  every 
day  they  shall  neglect  to  remove  or  cause  to  be  removed 
any  such  lot  of  brick,  shells  or  firewood,  which  fine 
shall  be  recoverable  before  the  Recorder  or  any  other 
competent  tribunal. 

Lumber  and     Art.  368.  From  and  after  the  passage  of  this  ordinance 

o.  s.'323s.  it  shall  not  be  lawful  for  any  person  to  haul  or  draw 
^  ■ '  ^'  out  of  the  Bayou  St.  John  across  or  over  the  protection 
levee  built  by  the  city  along  said  bayou,  any  lumber  or 
timber  whatsoever,  except  as  hereinafter  provided,  under 
the  penalty  of  fifty  dollars  for  each  and  every  contra- 
vention of  this  article. 

Place  over  Art.  369.  It shall  bc  the  duty  of  the  Surveyor  to  des- 
lumber.*"  ^*"'  Iguatc  ouG  or  morc  places  at  which  timber  or  lumber 
^^'  may  be  hauled  or  drawn  out  of  the  Bayou  St.  John. 
And  it  shall  be  the  duty  of  all  persons  desiring  to  haul 
or  draw  timber  or  lumber  out  of  said  bayou  to  cause  to 
be  made  and  built  good  and  substantial  slides,  with 
proper  recesses  at  the  places  so  designated,  upon  which 
such  timber,  etc.,  may  be  drawn  or  hauled  without  in- 


CANALS   AND   BASINS.  187 

jury  to  the  levee  or  road ;  said  slides  to  be  built  under 

the  supervision  of  the  Surveyor.     Any  person  violating 

the  provisions  of  this  section  shall  be  fined  fifty  dollars  ;    Penalty. 

and  further  the  sum  of  five  dollars  per  day  for  any  and 

every   day   such  person  shall  fail  to   comply   with   the 

direction  of  the  Surveyor. 

BAYOU  ST.  JOHN  SHELL  ROAD. 

Art.  370.  An  ordinance  for  the  privilege  of  the  right  of    Franchise, 
way  or  franchise  to  establish  a  shell  road  along  the  west    juiy,  "ssa?^' 
side  of  Bayou  St.    John,    commencing   at   the  bridge  at  Ordj^o.  7950. ^ 
Esplanade  street  to  New  York  street,  thence  branch  in 
direction  towards  Milneburg,  through  New  York  street, 
to  London  avenue,  through  London  avenue  to  Frankfort 
street,  through  Frankfort  street  to  Union  street,  through 
Union  street  to  Columbia    street,    through    Columbia 
street  to  Elysian  Fields  street  in  Milneburg. 

Art.  371.  The  latter  branch  to  cross  the  Bayou  St. 
John  at  Mexico  street,  through  Mexico  street  to  May 
street,  through  May  street  to  Dumaiue  avenue,  through  °"  *'  ib. 
Dumaine  avenue  to  Cass  street,  through  Cass  street  to 
Orleans  street,  along  the  east  side  of  Orleans. street  to 
Houston  street,  through  Houston  street  to  Milne  street, 
across  Milne  street  to  Lake  street,  and  through  Lake 
street  to  the  New  Orleans  Navigation  Canal  at  West 
End. 

Art.  372.  (1)  That  the  Administrator  of  Improve-  Administrator 
ments  be  authorized  to  sell  to  the  highest  bidder  formenutoadver- 
cash,  after  fifteen  days'  notice  in  the  official  journal,  '*^"  ib. 

the  lease  of  the  privilege  for  twenty- five  (25)  years  of  con- 
structing and  maintaining  shell  roads  on  the  above 
named  highways  and  streets  in  the  manner  and  upon 
the  conditions  herebelow  set  forth,  the  said  adjudication 
to  be  subject  to  the  approval  or  rejection  of  the  City 
Council. 

Art.  373.  (2)  The  said  shell  roads   to  be  constructed  Manner  of  con- 
by  the  contractor  in  the   following   manner,  to- wit :  All    ^*''"'=''<'"-  j^ 
trees  in  the  way  of   the  routes   above   named  to  be  up- 
rooted  and   removed   by  the   contractor   and  to  be  his 
property ;  a  ditch  to  be  dug  on  the   inner   side  of  the 


188  CANALS   AND   BASINS. 

shell  road  along  the  Cardndelet  Canal  and  the  Bayou  St. 
John,  and  two  ditches,  one  on  each  side  of  all  the  above 
named  streets,  to  be  dug  by  the  contractor;  the  said 
ditches  to  be  (6)  six  feet  wide  at  the  top,  (2)  two  feet  wide 
at  the  bottom,  and  (4)  four  feet  in  depth  below  the  grade 
to  be  established  by  the  City  Surveyor.  The  roadway  be- 
tween the  canal  and  bayou  on  one  side  and  the  ditch  on 
the  other  side  and  the  roadway  between  the  ditches,  where 
there  may  be  two  ditches,  to  be  filled  up  and  graded 
according  to  the  grades  to  be  given  by  the  City  Surveyor, 
at  a  height  of  at  least  (18)  eighteen  inches  above  the  high- 
est storm  water  of  Lake  Pontchartrain,  and  to  be  (24) 
twenty-four  feet  wide.  Twenty  (20)  feet  in  width  in 
the  middle  of  said  roadway  to  be  shelled  with  clean  and 
sound  lake  shells  in  the  following  manner,  to-wit:  A 
layer  of  shells  (6)  six  inches  in  thickness  shall  first  be 
placed  and  rolled  with  a  (6000  lbs.)  six  thousand  pounds 
roller  three  times ;  then  a  second  layer  of  shells,  also 
six  inches  in  thickness,  shall  be  placed  and  sufficiently- 
rolled  with  the  same  roller  as  often  as  may  be  necessary 
and  in  such  a  manner  that  the  whole  of  said  shelling 
when  made  solid  and  completed  shall  be  six  inches  in 
thickness, 
streams  to  be  All  watcr  strcams  to  be  covered  over  with  bridges 
bridged.  ^^  similar  in  construction  to  those  over  the  draining  canals 
in  the  city  of  New  Orleans.  The  whole  of  said  work  to 
be  performed  in  accordance  with  the  lines,  grades  and 
City  Surveyor,  instructious  to  bc  givcu  by  the  City  Surveyor  and  to  the 
entire  satisfaction  of  the  City  Surveyor  and  the  Honor- 
able the  Administrator  of  Improvements. 

Art.  374.  (3)  The  contractor  shall  have  the  right  to 
^^-  place  toll-gates  at  each  end  of  the  road  and  to  demand 
and  exact  of  persons  traveling  upon  the  same  the  follow- 
ing tolls,  to-wit: 

For  every  person  on  horse  or  mule  back,  15  cents. 

For  every  head  of  cattle,  horse  or  mule,  10  cents. 

For  every  vehicle  drawn  by  one  horse,  mule  or  cattle 
kind,  whether  loaded  or  unloaded  with  merchandise  of 
any  kind,  25  cents. 

For  every  vehicle  drawn  by  two  horses,  mules  or  cat- 


CANALS  AND   BASINS.  189 

tie  kind,  whether  loaded  or  unloaded  with  merchandise 
of  any  character,  50  cents. 

For  every  vehicle  drawn  by  three  or  more  horses, 
mules  or  cattle  kind,  whether  loaded  or  unloaded  with 
merchandise  of  any  character,  one  dollar. 

Art.  375.  (4)  The  contractor  to  be  bound  to  keep  the  Maintenance, 
road,  ditches  and  bridges  in  good  repair  and  condition 
during  the  continuance  of  his  contract,  and  to  keep  the 
same  properly  lighted  at  night  with'oil  or  electricity,  to 
be  placed  by  him  on  the  line  of  said  road  at  distances  of 
not  more  than  (250)  two  hundred  and  fifty  feet  apart. 

Art.  376.  (5)  The  contractor  to  be  bound  to  begin  the  when  work  to 

^     '  °  commence. 

work  in  the  (10)  ten  days  following  the  approval  of  the  i^- 

adjudication  by  the  City  Council,  and  to  complete  the 
same  within  five  months  thereafter. 

Art,  377.  (6)  The   contractor  to   furnish  good   and    security, 
solvent   security   in  the  sum  of  ($5000)  five   thousand 
dollars  to   guarantee  the   faithful   performance   of  his 
contract,  the  said  security  to  be  subject  to  the  approval 
of  the  City  Council. 

Art.  378.  (7)  It  is   well  understood  that  in  case  of    Annulling  of 
neglect  or  failure  by  the  contractor  to  fulfil  any  part  of  '^^''"^'^ '     ib. 
the  foregoing  stipulations,  the  City  Council  shall  have 
the  right  to  annul  the  contract  without  putting  the  con- 
tractor in   default,  as  required  by  Article   1905  of  the 
Civil   Code,  and   without  applying  to  a  court  of  justice 
to  annul  the  same,  and  without  indemnity,  and  it  is  also 
well  understood  that  in  case  the  contractor  shall  at  any 
time  fail  to  keep  the  road  in  good  repair,  or  fail  to  keep 
all  bridges   on   the   roads  in  good  order  and  condition, 
or  fail  to  keep  the  same  lighted  at  night,  the  said  con-    Forfeiture  of 
tractor  shall  forfeit  all  claims  he  may  have  to  said  road,  '^*°*^  '^^' 
and  the  city  shall  have  the  right  to  resell  the  privilege 
for  account  and  risk  of  the  contractor  and  of   his   se- 
curitv. 


Art.  379.  (8)  The  said  road   shall  revert  to  the  city    Reversion 
free   of  charge   at  the  expiration   of   said   twenty-five 
(25)  years'  privilege. 


Ib. 


190  CANALS   AND   BASINS. 


ACTS  OF  THE   LEGISLATURE. 


Act  No.  144. 

To  provide  for  the  appointment  of  a  superintendent  and  other 
officers  for  the  Xew  Basin  Canal  and  Shell  Road,  to  prescribe 
their  duties  and  to  fix  their  salaries,  and  to  create  a  board  of 
control  for  said  Xevv  Basin  Canal  and  Shell  Road,  and  to 
prescribe  their  powers  and  duties. 

Section  1.  Be  it  enacted  by  the  Oeneral  Assembly  of  the  State  of 
Louisiana,  That  there  shall  be  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  a  board  of  control 
for  the  New  Basin  Canal  and  Shell  Road,  to  be  composed  of  five 
members,  three  to  be  chosen  from  the  parish  of  Orleans,  and  two 
to  be  chosen  from  any  two  of  the  parishes  of  Ascension.  Liv- 
ingston, Tangipahoa  and  St.  Tammany. 

The  members  of  said  board  of  control  shall  serve  for  a  term  of 
four  years,  and  until  their  successors  are  qualitied,  unless  re- 
moved in  the  manner  and  for  the  causes  hereinafter  named. 

A  majority  shall  constitute  a  quorum.  They  shall  elect  one  of 
their  number  as  chairman,  who  shall  serve  as  such  during  their 
pleasure,  and  their  secretary  shall  be  the  book-keeper  for  the 
canal,  who  shall,  in  addition  to  his  other  duties,  keep  full  and 
complete  minutes  of  all  proceedings  of  said  board,  which  shall 
be  open  to  the  inspection  of  the  public. 

Said  board  shall  have  their  domicile  in  the  parish  of  Orleans, 
and  shall  have  the  capacity  of  suing.  They  shall  represent  the 
State  in  all  matters  pertaining  to  said  New  Basin  Canal  and  Shell 
;Road,  and  shall  carefully  and  faithfully  guard  and  protect  all 
their  rights  and  interests,  and  call  upon  the  Attorney  General  as 
the  legal  adviser  of  the  State,  when  necessary  for  advice  and  as- 
sistance. In  any  and  all  cases,  where  bond  is  required  by  law  in 
legal  proceedings,  the  said  board  of  control  shall  be  dispensed 
from  giving  such  bond,  and  no  court  of  this  State,  or  officer 
•thereof,  shall  demand  of  said  board  any  deposit  or  security  for 
•costs,  or  any  advance  costs,  but  all  costs  for  which  said  board 
may  become  liable  shall  be  paid  as  other  expenses  of  the  Canal 
and  Shell  Road. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  said  board  of  control 
shall  meet  at  least  once  a  month,  and  may  hold  special  sessions 
when  necessary.  The  members  shall  serve  without  compensa- 
tion, but  those  residing  outside  of  the  parish  of  Orleans  may 
have  their  actual  traveling  expenses  paid,  as  other  expenses 
of  the  Canal  and  Shell  Road;  provided,  that  said  actual  ex- 
penses shall  not  exceed  ten  dollars  per  month. 

Sec.  3.  Beit  further  enacted.,  etc..  That  in  addition  to  the  pow- 
ers granted  and  the  duties  prescribed  by  other  sections  of  this 
act,  the  said  board  of  control  shall  have  the  general  control  and 
management  of  the  said  Canal  and  Shell  Road.  They  shall 
direct  all  repairs  and  improvements  made  thereon,  contract  for 
necessary  work  and  labor;  contract  for  and  purchase  all  neces- 
sary boats,  machinery,  material  and  supplies;  examine  and 
approve  all  claims  against  the  Canal  and  Shell  Road,  and  shall 
lease  whatever  property  belongs  to  the  Canal  and  Shell  Road  not 
necessary  for  their  use,  but  no  lease  of  said  property  shall  ex- 
tend beyond  their  terms  of  office  without  the  advice  and  consent 
of  the  Governor. 


CANALS   AND   BASINS. 

Sec.  4.  Be  it  farther  enacted,  etc..  That  there  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  manage  the  same,  a  superintendent  for  the  New  Basin 
Canal  and  Shell  Koad,  who  shall  hold  his  office  for  the  term  of 
four  years,  unless  removed  in  the  manner  and  for  the  causes 
hereinafter  named.  He  shall  give  a  bond  in  favor  of  the  Gov- 
ernor, with  good  and  solvent  security,  in  the  sum  of  ten  thousand 
dollars,  to  be  approved  by  the  board  of  control,  conditioned  for 
the  faithful  performance  of  his  duties  and  of  the  duties  of  all  the 
officers  and  employees  subordinate  to  him  in  the  management  of 
the  affairs  of  said  New  Basin  Canal  and  Shell  Road,  and  he 
is  hereby  authorized  to  exact  bond  and  security  from  such  of  his 
appointees  as  he  may  deem  proper;  provided,  said  bonds  shall 
not  be  over  and  above  one-half  of  the  bond  of  the  superintendent. 
The  salary  of  the  superintendent  shall  be  eighteen  hundred  dol- 
lars per  annum,  payable  monthly  on  his  own  warrant. 

Sec.  5.  Be  it  further  enacted,  etc.,  That  the  superintendent 
shall  have  under  his  immediate  control  and  supervision,  except 
in  so  far  as  the  same  may  contlict  with  the  powers  herein  granted 
to  and  duties  imposed  upon  said  board  of  control,  all  the 
property  and  affairs  of  said  New  Basin  Canal  and  Shell  Road 
and  their  appurtenances,  the  government  and  management  of 
the  same,  all  responsibilities  of  their  administration,  and  he 
shall  faithfully  see,  under  penalty  of  dismissal  from  office,  that 
no  person  or  business  be  given  any  undue  advantage,  preference 
or  special  privilege  or  be  subjected  to  any  disadvantage  or  dis- 
crimination, but  that  the  affairs  of  said  Canal  and  Shell  Road 
shall  be  administered  with  perfect  fairness  and  impartiality. 

Sec.  6.  Be  it  further  enacted,  etc..  That  the  superintendent 
shall  be  allowed  for  the  management  and  control  of  the  said  New 
Basin  Canal  and  Shell  Road  one  harbor  master,  whose  salary 
shall  be  seventy-tive  dollars  per  month;  one  book-keeper  at 
a  salary  of  one  hundred  dollars  per  month,  who  shall  also  be 
secretary  of  the  board  of  control ;  one  toll-gate  keeper  at  a  salary 
of  forty  dollars  per  month,  with  the  toll-gate  house  for  a  resi- 
dence; two  bridge-keepers  at  a  salary  of  fifty  dollars  each  per 
month. 

Sec.  7.  Be  it  further  enacted,  etc..  That  the  employees  enu- 
merated in  section  6  of  this  act,  and  all  mechanics,  laborers  or 
other  persons  engaged  in  the  performance  of  any  duty  on  said 
Canal  and  Shell  Road  shall  be  chosen  and  appointed  by  the  su- 
perintendent, with  the  consent  and  approval  of  said  board  of 
control,  and  said  mechanics  and  laborers  and  other  persons 
above  mentioned  shall  be  discharged  by  the  superintendent  for 
any  want  of  capacity  or  other  good  cause  at  his  pleasure,  but  the 
salaried  employees  above  mentioned  shall  be  discharged  for 
want  of  capacity  or  other  good  cause  by  the  superintendent  with 
the  consent  of  the  board  of  control. 

Sec.  8.  Be  it  further  enacted,  etc..  That  the  bridge- keepers  ap- 
pointed by  the  authorities  of  the  city  of  New  Orleans  to  any 
bridge  or  crossing  over  the  New  Basin  Canal  shall,  upon  com- 
plaint of  the  superintendent  to  the  Mayor  of  the  city  of  any  re- 
missness of  duty  or  wrong-doing  in  connection  with  his  duty  as 
bridge- keeper,  be  summarily  removed  from  further  service  as 
such,  and  all  such  bridges  shall  be  opened  at  any  hour,  both  day 
and  nig  t,  below  Magnolia  bridge. 

Sec.  9.  Be  it  further  enacted,  etc..  That  the  said  board  of  con- 
trol shall,  without  delay,  cause  to  be  provided  by  purchase  or 
contract  a  suitable  propeller  or  tug,  of  sufficient  dimensions  or 
power  to  perform  all  necessary  towage  through  or  in  said  New 


192  CANALS   AND   BASINS. 


Basin  Canal,  and  the  fees  for  such  towage  shall  not  exceed  five 
cents  per  ton  each  way,  payable  at  the  office  of  said  canal,  at  the 
time  a  vessel  shall  procure  her  pass  for  regular  tonnage  at 
twenty  cents  per  ton,- and  that  a  ticket,  separate  from  her  regu- 
lar pass,  shall  be  delivered  to  said  vessel,  as  evidence  that  said 
towage  has  been  paid,  and  shall  be  delivered  up  together  with 
the  pass  before  passing  through  the  toll  bridge;  provided,  that 
all  propellers  or  tugs  towing  their  own  barges  or  flats  shall  be 
exempt  from  all  dues,  provided  they  carry  no  freights,  and  pro- 
vided, further,  that  all  steamers  or  other  vessels  plying  to  the 
coast  watering  places  may  be  permitted  to  enter  said  canal,  and 
remaining  below  the  present  lower  or  outer  canal  bridge,  to  dis- 
charge or  take  on  board  her  passengers  or  freights,  shall  pay 
only  one  cent  per  ton  measurement,  but  shall  pay  the  regular 
dues  and  tonnage  on  all  barges  used  by  them  for  moving  their 
cargoes  through  said  canal,  but  no  vessel  or  water  craft  coming 
into  said  canal  in  stress  of  weather,  or  pleasui'e.  or  race  yachts, 
shall  be  liable  for  any  dues;  provided,  they  remain  below  the 
said  outer  bridge. 

Sec.  10.  Be  it  further  enacted^  etc..  That  all  rafts  of  logs,  or 
square  or  spar  timber  of  any  description,  or  fraction  thereof, 
shall  pay  thirty  cents  per  thousand  feet,  board  measure,  which 
includes  towage  and  place  of  landing. 

Sec.  11.  Be  it  further  enacted,  etc..  That  no  lumber,  wood, 
staves,  brick,  sand,  shell  or  other  articles  of  commerce,  shall 
be  allowed  to  remain  upon  the  banks  of  the  canal  or  basin  for  a 
longer  period  than  ttfteen  days  from  the  date  of  its  discharge, 
under  a  penalty  of  having  the  same  removed  and  stowed  at  such 
place  as  may  be  selected  by  the  superintendent,  at  the  risk  and 
expense  of  the  owners  thereof,  and  the  expense  of  such  removal 
and  storage  shall  constitute  lien  and  privilege  upon  the  articles 
removed  and  stowed,  and  the  charges  therefor  shall  be  paid  be- 
fore delivery  of  the  same,  and  if  the  owner  or  owners  of  the 
property  removed  and  stowed  shall  fail,  neglect  or  refuse  to  pay 
said  charges  within  twenty  days  from  the  time  said  property  is 
removed  and  stowed,  the  said  board  of  control  shall  cause  the 
same  to  be  seized  and  sold,  after  ten  days*  advertisement,  to  pay 
said  charges  for  removal  and  storage,  and  the  costs  of  said  seiz- 
ure and  sale.  The  said  board  of  control  and  the  said  superin- 
tendent shall  promptly,  faithfully  and  impartially  enforce  the 
provisions  of  this  section,  and  any  failure  or  neglect  on  their 
part  to  enforce  the  same  shall  be  a  sufficient  cause  for  their  re- 
moval, and  they  shall  be  summarily  removed  by  the  Governor. 

Sec.  12.  Be  it  further  enacted,  etc..  That  the  canal  shall  be 
kept  free  from  all  obstructions  whatever  for  the  width  of  sixty 
feet;  that  all  rafts  of  logs  or  of  square  or  spar  timber,  or  fractions 
thereof,  and  all  timber  of  every  description  shall  always  be  so 
placed  as  to  leave  the  said  width  of  sixty  feet  wholly  unob- 
structed, and  said  logs  and  timber  shall  be  kept  securely  con- 
fined within  the  basins  or  turnouts  of  the  canal,  or  securely 
fastened  to  the  banks  of  the  canal  and  basins  with  chains  of 
wire  rope  at  each  end  of  said  logs  or  timber,  and  said  logs  or 
timber  shall  not  be  permitted  to  float  loose  or  sink.  Any  log  or 
piece  of  timber  found  loose  or  floating  in  the  canal  or  sunk  there- 
in, or  sunk  in  any  of  its  basins,  shall  be  immediately  taken  up 
by  the  authorities,  and  the  owner  or  owners  of  said  log  or  piece 
of  timber  shall  pay  to  the  canal  a  flne  of  two  dollars,  and  if  th( 
owner  of  said  log  or  piece  of  timber  be  unknown,  the  superin- 
tendent of  the  canal  shall  sell  the  said  log  or  timber  and  place 
the  proceeds  to  the  credit  of  the  Xew  Basin  Canal  and  Shell 


CANALS   AND   BASINS.  193 

Koad  fund.  The  owner  or  owners  of  any  vessel  which  may  be- 
damaged  hy  any  log  or  piece  of  timber  placed  or  kept  in  viola- 
tion of  the  provisions  of  this  section,  or  by  any  log  or  piece  of 
timber  floating  in  a  manner  herein  prohibited,  or  sunken,  shall 
recover  from  the  owner  or  owners  of  said  log  or  timber  double- 
the  amount  of  damages  suffered  and  costs,  together  with  a  rea- 
sonable amount  for  attorney's  fees,  to  be  recovered  in  any^ 
court  of  competent  jurisdiction  in  the  parish  of  Orleans,  or  at 
the  domicile  of  the  owner  or  owners  of  said  logs  or  timber,  as 
the  plaintiff  may  elect. 

Sec.  13.  Be  it  further  enacted,  etc..  That  no  steamer  nor  sail 
vessel  shall  be  permitted  to  steam  or  sail  up  or  down  said  basin 
or  canal;  provided,  however,  that  steamers  may  be  permitted  to- 
steam  np  or  down  said  basin  or  canal  at  a  rate  of  speed  not  ex- 
ceeding three  miles  per  hour,  and  that  such  permission  shall  not 
be  so  construed  as  to  release  such  steamers  from  the  aggregate 
fees  of  thirty  cents  per  ton  admeasurement. 

Sec.  14.  Be  it  further  enacted,  etc..  That  the  rate  of  toll  for 
travel  on  the  shell  road  shall  be  as  follows,  viz. :  For  tricycles, 
bicycles  and  velocipedes,  five  cents;  for  a  single  horse  or  other 
animal,  ten  cents;  for  every  one-horse  vehicle,  thirty  cents;  for 
double  team,  forty  cents;  one-half  to  be  paid  at  either  toll-gate 
in  passing  in  the  direction  of  the  lake.  Each  toll-gate  keeper 
shall  make  daily  report  of  the  number  and  character  of  the 
vehicles  passing  the  toll-gates  and^pay  over  all  money  received 
by  them  to  the  superintendent  daily,  taking  his  receipt  therefor; 
the  superintendent  shall  adopt  and  have  a  system  of  checks  by 
which  the  tolls  received  on  the  shell  road  are  shown  and  verified, 
and  it  shall  be  the  duty  of  said  superintendent  to  examine  the 
said  checks  at  least  once  in  every  week,  and  satisfy  himself  that 
the  toll-gate  keeper  has  made  full  returns  of  the  tolls  collected 
by  him.  Any  neglect  of  duty  on  the  part  of  any  toll-gate  keeper 
shall  subject  him  to  summary  removal.  So  horse,  buggy,  carriage 
or  other  vehicle  shall  be  allowed  to  pass  without  paying  the  reg- 
ular toll ;  provided,  that  actual  residents  at  the  lake  end  or  residing 
on  said  shell  road  shall  pass  to  and  fro,  free  of  charge,  being  first 
provided  with  a  free  pass  from  the  superintendent,  which  shall 
in  no  case  be  transferred,  under  penalty  of  forfeiture.  The  canal 
authorities  shall  not  be  required  to  keep  in  repair  the  upper  part 
of  the  shell  road,  and  their  failure  to  keep  the  same  in  good  con- 
dition or  repair  the  same  shall  not  affect  their  right  to  demand 
and  receive  the  rate  of  tolls  herein  fixed.  The  board  of  control 
may,  if  they  deem  proper,  change  said  rate  of  tolls,  and  adopt  any 
and  all  necessary  regulations  for  the  administration  of  said  shell 
road. 

Sec.  15.  Be  it  further  enacted,  etc.,  That  the  said  superin- 
tendent shall,  under  the  direction  of  the  said  board  of  control, 
proceed  without  unreasonable  delay  to  repair  and  improve  said 
canal  and  shell  road,  and  he  shall  keep  the  said  road  in  good  con- 
dition and  proper  width,  not  less  than  twenty-five  feet  wide  from 
Metairie  ridge  to  the  lake  end  of  said  road,  and  to  dredge  out 
said  basin  and  canal  and  the  bar  at  the  entrance  of  the  canal  at 
the  lake  to  the  depth  of  not  less  than  eight  feet  at  low  tide; 
said  work  of  dredging  may  be  done  by  contract  or  otherwise,  as 
may  be  determined  by  the  board  of  control ;  if  by  contract  it 
shall  be  let  out  to  the  lowest  bidder,  after  due  advertisement  of 
specifications,  and  if  otherwise  undertaken  by  the  State,  com- 
plete labor,  pay  rolls  and  itemized  accounts  of  expenses  and  ex- 
penditures shall  be  kept  and  presented  monthly  as  other 
vouchers  or  authorized  expenditures.    All  material  for  the  use 


194  CANALS   AND   BASINS. 


of  the  canal  and  shell  road  shall  be  purchased  by  the  board  of 
control  or  the  purchase  thereof  authorized  by  them,  and  without 
their  approval  no  purchase  shall  be  made.  All  contracts,  labor 
and  otherwise  shall  be  made  by  the  board  or  by  the  superintend- 
ent, with  their  approval ;  all  the  expenditures  shall  be  made  by 
the  board  or  by  their  authoi'ity ;  they  shall  keep  itemized  state- 
ments of  all  expenditures  and  of  all  purchases  made  on  behalf  of 
the  canal  and  shell  road,  showing  specitlcally  the  nature  of  such 
expenditures  and  the  character  of  the  purchases  made,  the  prices 
paid  therefor,  and  from  whom  purchased. 

Sec.  16.  Be  it  fnrther  enacted,  etc.,  That  the  salary  of  the 
superintendent  and  other  ofHcers  and  employees  engaged  in  the 
working  and  management  of  said  canal  and  shell  road,  all  boats 
and  machinery  needed  therefor,  and  every  species  of  material 
required  for  repairs  or  improvements  shall  be  paid  for  out  of  the 
said  Xew  Basin  Canal  and  Shell  Road  fund  by  a  warrant  drawn 
thereon  by  the  special  order  of  said  board  of  control,  signed  by 
its  chairman  and  secretary,  and  countersigned  by  the  said 
superintendent.  No  perquisites  shall  be  allowed  to  be  charged 
or  received,  directly  or  indirectly,  by  the  superintendent,  ofHcers 
or  employees  of  the  canal  and  shell  road,  or  bj^  the  members  of 
said  board  of  control,  nor  shall  any  of  said  persons  or  any  mem- 
ber of  said  board  be  allowed  to  have  any  interest,  direct  or  in- 
direct, in  any  tugboat,  towboat  or  dredgeboat  used  or  employed 
by  said  canal,  or  in  any  purchase  or  contract  made  for  material 
or  supplies  for  said  canal  or  shell  road,  or  in  any  contract  for 
their  repair  or  improvement. 

Sec.  17.  Be  it  further  enacted,  etc.,  That  the  superintendent 
shall  have  authority  by  this  act,  with  the  approval  of  said  board 
of  control,  to  make  from  time  to  time,  such  rules  and  regula- 
tions for  the  better  government  of  steamers,  schooners  or  other 
water  craft,  within  the  basin  and  canal,  as  shall  seem  to  him 
best,  for  the  place  and  manner  of  discharging  cargoes,  and  the 
length  of  time  all  such  water  craft  shall  be  allowed  to  occupy  a 
place  in  the  basin  or  canal,  and  for  the  better  regulation  of  such 
employees  as  shall  be  engaged  on  the  shell  road  and  canal,  not 
inconsistent  with  this  act,  and  he  shall,  with  the  approval  of  the 
board  of  control,  tix  a  penalty  for  every  violation  of  such  rules 
and  regulations,  to  be  collected  in  the  manner  and  form  laid 
down  therein,  and  a  copy  of  such  rules  and  regulations  shall  be 
furnished  to  steamers,  schooners  and  other  water  craft  plying  in 
said  basin  and  canal,  and  all  tines  collected  for  violations  of  such 
rules  and  regulations  shall  be  paid  as  other  monej's  into  the  Xew 
Basin  Canal  and  Shell  Road  fund. 

Sec.  is.  Be  it  fnrther  enacted,  etc..  That  the  office  of  the 
superintendent  shall  be  the  ticket  office  and  office  of  the  board 
of  control,  and  located  and  kept  at  some  convenient  place  on 
said  New  Basin  Canal,  for  the  transaction  of  the  business 
thereof,  and  said  office  shall  be  kept  open  from  half-past  six 
-o'clock  A.  M.  until  six  o'clock  p.  m.  daily  (Sundays  excepted). 

Sec.  19.  Be  it  further  enacted,  etc..  That  the  superintendent 
shall,  in  addition  to  the  exhibits  required  of  him  in  section  16 
of  this  act,  annually  make  a  full  and  detailed  report  of  all  the 
operations  and  transactions  had  in  the  management  of  the  said 
New  Basin  Canal  and  Shell  Road,  of  the  tonnage,  towage,  shell 
road  travel,  of  the  amounts  received  from  every  source  daily, 
the  expenses  incurred,  the  extent  and  kind  of  every  improve- 
ment, cost  of  the  same,  which  report  shall  be  transmitted  to  the 
board  of  cor  trol  and  br  them  to  the  Governor. 


CANALS   AND    BASINS.  195 


Sec.  20.  Be  it  further  enacted,  etc..  That  the  Governor  be  and 
is  hereby  vested  with  authority  to  dismiss,  upon  the  com- 
plaint of  the  board  of  control  or  of  any  other  live  respectable 
persons,  veritied  by  oath,  the  said  superintendent  of  the  said 
Xew  Basin  Canal  and  Shell  Road  from  further  service,  for  viola- 
tion of  any  of  the  provisions  of  this  act,  incompetency,  neglect 
of  duty,  absence  without  leave,  intoxication,  retaining  subor- 
dinates or  employees  unfit  for  service,  malfeasance  in  office,  or 
for  any  other  good  and  sufficient  cause,  and  especially  for  anj"- 
of  the  causes  mentioned  in  section  18,  after  having  investigated 
the  charges  and  complaints  made  against  said  superintendent. 

Sec.  21.  Be  it  farther  enacted,  etc..  That  the  Governor  be  and 
is  hereby  vested  with  authority  to  dismiss  from  otlice  any  mem- 
ber of  said  board  of  control  for  neglect  of  duty,  intoxication, 
malfeasance  in  otHce.  and  he  shall  dismiss  any  member  of  said 
board  for  any  violation  of  section  18  of  this  act. 


Locks  and  Embankments. 
ACT  No.  66  —Approved  March  27,  1879. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Louisiana,  in  General  Assembly  convened. 
That  the  city  of  Xew  Orleans,  through  its  officers;  shall  have  the 
right  to  construct  such  locks  and  side  embankments  as  may  be 
deemed  suitable  by  the  authorities  of  said  city;  provided,  that  the 
navigation  of  said  canal  be  not  impeded  for  a  greater  time  than  . 
forty-eight  hours,  the  width  of  the  openings  to  be  tifty  feet;  all 
the  works  necessary  for  said  construction  and  the  expense  of 
future  repairs  and  attendance  to  be  at  the  cost  and  expense  of  the 
city  of  Xew  Orleans.  The  gates  shall  remain  open  during  such 
times  as  the  lake  water  may  be  five  feet  six  inches  below  the 
Metairie  ridge,  or  twenty-five  f e^t  six  inches  below  the  datum 
line,  being  about  ocean  level  for  the  city  levels  established  by  the 
City  Surveyor's  department.  Whenever  it  shall  become  neces- 
sary to  close  the  gates,  vessels  shall  be  passed  through  without 
unnecessary  delay.  The  city  of  Xew  Orleans  shall  also  have  the 
right  to  construct  a  double  track  turning-bridge  on  a  line  with 
the  roadway  of  protection  levee,  across  the  Xew  Orleans  Canal 
and  the  Bayou  St.  John,  the  cost  of  construction  and  mainte- 
nance of  which  shall  be  borne  by  the  city  of  Xew  Orleans,  and 
said  bridge  shall  be  promptly  opened  for  the  passage  of  vessels, 
subject  to  such  regulations  as  the  City  Council  may  order. 

CONSTITUTION  OF    1879. 

Akt.  180.  The  Xew  Basin  Canal  and  Shell  Road  and  their 
appurtenances  shall  not  be  leased  nor  alienated. 

The  General  Assembly,  at  its  first  session  after  ratification  of 
this  Constitution,  shall  provide  by  law  for  a  superintendent  to  be 
appointed  by  the  Governor  upon  the  recommendation  of  the 
captains  and  owners  of  vessels  plying  in,  and  of  merchants  doing 


196  CEMETERIES  AND  INTERMENTS. 

business  on  said  canal,  to  manage  the  same;  and  shall  enact 
laws  for  the  regulation,  maintenance  and  management  of  said 
canal  and  shell  road ;  provided,  dues  shall  not  exceed  ten  cents 
per  ton  on  the  measurement  tonnage  of  all  vessels  entering 
therein.  The  depth  of  water  in  the  canal  basin  and  on  the  bar  at 
the  mouth  shall  be  kept  at  the  depth  of  at  least  eight  feet;  pro- 
vided, that  all  expenses  of  improving  and  maintaining  said  canal, 
shell  road  and  appurtenances,  including  the  wages  and  salaries 
of  employees,  shall  be  paid  out  of  the  revenues  thereof,  and  not 
•otherwise. 

For  compromise  with  Louis  Gasquet  for  draining  in  Old  Canal 
see  No.  994,  New  Series.     Approved  August  28,  18(38. 

Ordinance  No.  3235.     Approved  February  26,  1867. 

Canal  Company,  New  Orleans  and  Ship  Island,  for  act  of 
incorporation  see  Acts  of  1868,  No.  148,  p.  185,  and  1869,  p.  49, 
No.  51. 


CEMETERIES  AND  INTERMENTS. 

Tomb  ma-  Art.  380.  (3)  All  tombs  must  be  built  of  the  best 
**Oni!No.  3174.  kind  of  brick  or  stone,  laid  in  mortar,  with  the  proper 
ec.  26, 1  5  .  pj,QpQp^JQn  of  t}ig  ]3gg^  cement  and  sharp  sand  and  cov- 
ered with  bitumen  on  the  ground  floor  of  each  tomb, 
with  walls  not  less  than  nine  inches  in  thickness,  and 
plastered.  All  the  tombs  must  be  kept  in  good  order, 
and  it  shall  be  the  duty  of  the  sexton  to  notify  the 
owners  thereof  to  have  them  repaired ;  otherwise  it 
shall  be  done  by  the  city  at  the  expense  of  the  owners, 
who  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars. 

Cemeteriesof  Art.  381.  (5)  The  various  churches  and  associations 
associa  >ons.^^  owuiug  ccmcterics  are  authorized  to  use  them  under 
such  regulations  made  by  them  from  time  to  time  as 
may  not  conflict  with  city  ordinances. 

Removal  of  Art.  382.  (6)  All  persons  who  may  hereafter  erect 
tombs  or  vaults  within  the  public  cemeteries  shall  be  re- 


quired to  remove  therefrom,  immediately  after  the  con- 
struction of  a  tomb  or  vault,  all  bricks,  mortar,  sand, 
lumber  and  other  materials  that  may  remain ;  and  it  is 
made  the  duty  of  the  sexton  to  see  this  section  of  this 
ordinance  enforced ;  and  every  person  violating  it  shall 
be  subjected  to  a  fine  of  ten  dollars  for  every  offence. 
ord.'No.iiyi,  Art.  383.  That  all  sextons  shall  inter,  within  the 
Ma^rch24, 1885.  shortcst  po^siblc  delay,  all  deceased  persons  who  may  be 


CEMETERIES   AND   INTERMENTS.  197 

conveyed  to  their  respective  cemeteries,  in  graves  to  be 
dug  not  less  than  three  feet  in  depth,  to  be  at  a  distance 
of  at  least  two  feet  from  each  other,  according  to  such 
limitation  as  shall  be  described  by  the  City  Surveyor, 
and  in  pursuance  of  such  directions  as  they  may  receive 
from  the  Commissioner  of  Police  and  Public  Buildings, 
or  the  City  Council ;  and  it  shall  be  the  duty  of  each  of  Duties  of. 
said  sextons  to  keep  a  book,  in  which  they  shall  insert, 
according  to  their  dates,  the  name,  sex,  age,  buvsiness 
and  place  of  birth  of  each  and  every  person  they  shall 
bury  in  the  ground,  or  deposit  in  tombs ;  to  take  care 
that  no  damage  be  done  to  the  tombs  and  fences,  to  pre- 
vent cattle  and  beasts  from  going  into  said  cemeteries ; 
to  deliver  daily  to  the  Chief  of  Police  a  certified  copy  of 
the  burials  set  forth  on  their  books,  whenever  required 
by  the  Mayor  or  Council,  and  to  deliver  over  to  their 
successors  said  books.  And  in  default,  refusal  or  neg- 
lect on  the  part  of  any  sexton  to  comply  with  any  or  all  i*'="*"y- 
of  the  foregoing  provisions  he  shall  be  fined  by  the 
Recorder  having  jurisdiction  from  five  to  twenty-five 
dollars  for  each  and  every  offence,  and  in  default  of 
payment  to  imprisonment  from  five  to  thirty  days  in 
either  the  parish  prison  or  police  jail,  at  the  discretion 
of  said  Recorder. 

Art.  384.   (2)  That  the  price  or  charge  for  entombing    charges. 
and  burying  in  each  of  the  cemeteries  belonging  to  the  ^''• 

city  of  New  Orleans  shall  not  at  any  time  exceed  the 
following  sums  or  rates  of  charges,  to-wit : 

For  every  adult,  in  city  ground,  $5,   sexton's  fee..$l  50 

For  every  child,    in  city   ground,    $2.50,  sexton's 

fee 1  00 

For  charity  adult 1  25 

For  charity  child 75 

For  interments  in  tombs,  vaults  or  graves  of  asso- 
ciations   3  00 

For  opening  and  closing  of  vaults,  graves  or 
tombs  to  be  paid  by  owners  thereof,  for  each 
opening  and  closing 5  00 

Art.  385.  (3)  That  all  ordinances  or  parts  of  ordi- 


198  CEMETERIES   AND   INTERMENTS. 

nances  in  conflict  herewith  be  and  the  same  are  hereby 
repealed. 

GRAVES    AND    TOMBS. 

Tembs,  vaults,  Art.  386.  (24)  No  toKib,  gravc  or  vault  containing 
''^june°?879.  anj  dead  body  shall  be  opened  without  permission,  in 
oA""'no!'^ 507^,  writing,  from  the  proper  officers  of  the  Board  of  Health, 
^'  '^'  and  no  human  body  or  remains  thereof,  within  the  juris- 

diction  of  said   board,    shall   be   disinterred   or  disen- 
tombed without  its   written   authority,    or  be   removed 
^rom  or  brought  within   the   limits   of  the   city  of  New 
Orleans  without  snch  authority  first  obtained. 
Sextons'  re-     Art.  387.  (25)  Evcry  sexton  or  other  person  having 
and  how'^ni'ad"  charge  of  auy  cemstcry,  graveyard  or  burying^ground 
^^'  shall,  on  Monday  of  each  week,    before   the   hour  of  9 
A.  M.,  make  a  written   report   and   hand   the  same  into 
the  office  of  the   Board   of   Health ;    which   said   report 
shall  contain  the  full  name  of   each   and   every   person 
buried  in  such  cemetery,  yard  and   ground   during  the 
seven  days  next  preceding   6   o'clock   p.  m.  of   the  last 
Sunday   before   making   such   report,  together   with  a 
statement  of  the  color,  sex,    age,    nativity,    the  cause  of 
death  of  such  person,  occupation,  place   of  death,  social 
condition  and   birthplace  of   parents ;    also   what  inter- 
ments were  made  in  the  ground  and  what  interments  in 
vaults  or  tombs,  together  with  the  numbers  and  owners 
of  said  vaults  or  tombs,  and  such  other   information  as 
the  Board  of  Health  may  from  time  to  time  require. 
Within  city     Art.  388.  That  it  shall  be  unlawful  hereafter  for  any 
'"ord.  No.  S7S0.  person  or  corporation  to  bury  any  human  body  within 
^"nov.  10,  .S9i.the  limits  of  the  city  anywhere  outside  of  a  duly  author- 
ized public  cemetery. 

Art.  389.  That  any  person  violating  this  ordinance 
^^-  shall  be  punished  'by  a  fine  not  exceeding  $25,  or  im- 
prisonment not  exceeding  thirty  days  in  default  of  pay- 
ment of  the  fine,  and  that  all  ordinances  contrary  to  this 
ordinance  be  repealed. 

Art.  390.  (12)  Any  person  or  persons  who  shall  wan- 
tombs,  etc,  tonly  damage  and  destroy  the  enclosures  of  any  grave, 
o.  sV     ■      '  tomb  or  monument,  or  damage  the  tomb  or  fence  of  any 


Penally 


CEMETERIES   AND   INTERMENTS.  199 

cemetery,  shall  be  liable  to  a  fine  of  not  less  than   ten 
nor  more  than  fifty  dollars. 

Art.  391.  That  whoever  shall  violate  the  provisions  of    Pen*ity. 
this  ordinance  shall  be  subject  to  a  fine  not  to  exceed  c.  |  •■^°-'^9S9. 
twenty-five  dollars,  or  imprisoned  in  the  parish  prison  for      ^<=- '  > ' 
a  term  not  to  exceed  thirty  days,  or  both,  or  imprisoned 
in  the  said  parish  prison  for  a  term  not  to  exceed  thirty 
days  in  default  of  payment  of  the  fine,  to  be  imposed  by 
the  Recorder  of  the  district  wherein  the  offence  is  com- 
mitted ;  provided,  that  the  fine  shall  not  exceed  twenty- 
five  dollars  for  each  offence,  nor  the  imprisonment  more 
than  thirty  days. 

Art.  392.   (13)  Any   person   or    persons   who    shall  impropercon- 
enter  the  cemeteries  and  be  guilty  of  breaking  the  trees  te"r?es.*" 
or  shrubbery  or  defacing  the   tombs  or  committing  anyo.  sV    °'^'''^' 
other  depredations,  or  using  any  profane  or  improper 
language  while  on  the  premises,  or  sell  or  offer  for  sale 
any  refreshments  or  fruits  of  any  kind  within  said  ceme- 
teries, shall  be  liable  to  a  fine  each  of  not  less  than  five 
nor  more  than  twenty-five  dollars  for  each  and  every 
offence. 

Art.  393.   (14)  It  shall  be  the  duty  of  every  person     Burial  of 
at  whose  domicile  any  person  shall  have  died  to  cause  °  '^^*        ib. 
the  same  to  be  buried  within  forty-eight  hours  after  his 
death  ;  and  any  person  offending  against  this  section  of 
this  ordinance  shall  pay  a  fine  not  exceeding  one  hundred 
dollars  for  each  offence. 

Art.  394.  (15)  No  drays,  carts,  carriages   or  other     vehicles  in 
vehicles  shall  be  permitted  to  enter  any  cemetery.  cemeteries.  ^^ 

Art,  395.  That  whoever  shall  violate  the  provisions 
of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars  or  imprisoned  in  the  parish  prison  ord'^No  496c, 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  im-^-^-^^  o^ 
prisoned  in  the  said  parish  prison  for  a  term  not  to  ex- 
ceed thirty  days  in  default  of  payment  of  the  fine,  to  be 
imposed  by  the  Recorder  of  the  district  wherein  the 
offence  is  committed ;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence  nor  the 
imprisonment  more  than  thirty  days. 

Art.  396.  (17)  It   is  hereby  made   the   duty   of  the 


200  CEMETERIES   AND   INTERMENTS. 

sheriff  to  give  immediate  notice  to  the  Commissioner  of 
Police  and  Public  Buildings  of  the  death  of  any  prisoner 
or  prisoners  confined  in  the  parish  jail,  and  it  shall  be 
^sonirs"^  P"®"  the  duty  of  the  said   commissioner  to  have   said  bodies 
^"|^-^°-3>74,  interred  in  the  same  manner  as  is  provided  for  the  indi- 
gent poor ;  provided,  that  in  all  cases  the  friends  of  the 
deceased   shall   have   the   privilege  of  burying  them  at 
their  own  expense. 
Sexton  to  make     Art.  397.  (20)  The  scxtous  shall  possess  the  power 
arres-ts.     ^^  ^^  causc  to  bc  arrcstcd  all  persons  who  shall  violate  any 
of  the  provisions  of  the  foregoing  ordinance  relating  to 
cemeteries  or  interments. 
See  "Police." 

Sextons  to  post     Art.  398.  (21)  That  a  priutcd  copy  of  the  ordinance 
IS  or  '"*"^^|  relative  to  cemeteries  and  interments  be  placed  in  a  con- 
spicuous position,  at  each   entrance  of  all  the  aforesaid 
cemeteries   within   the   incorporated   limits  of  the  city, 
for  reference,  at  the  expense  of  the   sexton  of  each 
cemetery ;  and  in  case  of  neglect   or   refusal  of  the  sex- 
ton in  charge  of  such   cemetery  to  comply  with  the  pro- 
visions of  this   ordinance,  he  shall  be  liable  to  a  fine  of 
ten  dollars  per  day  for  said  offence,  recoverable   before 
any   court  of  competent  jurisdiction,  for  the  benefit  of 
the  city. 
Permission  of     Art.  399.   (22)  After  the   passage   of   this  ordinance 
t^abirsh"  cen^l;  ^^^^^   ^^^^^   ^^^t  bc  established  within  the  limits  of  this 
teries.         ^^  qj^j  ^j^y   csmetcry   or   depository  of  the  dead,  without 
first  having  obtained   permission    from    the   Common 
Council,  under  a  penalty  of  twenty-five  dollars  per  day 
for  each  and  every  day  such  establishment  shall  exist. 
Repealing     Art.  400.  (23)  All  Ordinances  and  parts  of  ordinances 
clause.        ^^  conflicting  with  the  provisions  of  this  ordinance  and  all 

ordinances  on  the  same  subject  are  hereby  repealed. 
Duty  of  sexton  Art.  401.  (1)  That  the  keepers  of  the  several  ceme- 
62830.  t>.  teries  within  the  city  of  New  Orleans  shall,  before  re- 
ceiving for  interment  within  their  respective  cemeteries 
any  body  of  any  deceased  person,  see  that  the  require- 
ments imposed  by  the  existing  laws  of  the  State  have 
been  complied  with. 


CEMETERIES   AND   INTERMENTS. 


201 


Penalty  to 
other  offendf  rs. 


Art.  402.  (2)  Every  burial  certificate   shall  bear  the  Necessary  cer- 
endorsement  of  the  Recorder  of  Births  and  Deaths  of  '  ^^^^      ib. 
the  parish   of  Orleans,  that  such  requirements  of   ex- 
^isting:  State  laws  have  been  fully  complied  with. 

Art.  403.  (3)  Any  keeper  of  any  cemetery  failing  to  Penalty  against 
^comply  with  the  requirements  of  the  first  section  of  this    ^^'^  °"'     ib. 

)rdinance  shall  pay  a  fine  of  fifty  dollars,  to  be  collected 
[in  any  court  of  competent  jurisdiction,  for  the  benefit  of 
[the  city. 

Art.  404.  (4)  Any  person  who  shall  convey  to  any 
Lcemetery  within  the  limits  of  the  city  of  New  Orleans 
llhe  body  of  any  deceased  person,  to  be  therein  in- 
terred, without  the  certificate  and  endorsement  required 
)y  the  second  section  of  this  ordinance,  shall  pay  a  fine 
lof  fifty  dollars,  to  be  collected  in  any  court  of  competent 
jurisdiction  for  the  benefit  of  the  city. 

Art.  405.  (5)  The  physicians  of  the  city  are  hereby  Dutyofphy 
jquired  to  inform  all  persons  applying  for  burial  cer- ^"^'*"*-  j^, 
tificates  that  the  same  will  not  be  received  by  the  keep- 
ers of  the  several  cemeteries  of  the  city  unless  they  shall 
lave  been  endorsed  by  the  Recorder  of  Births  and 
)eaths  of  the  parish  of  Orleans  in  accordance  with  sec- 
ion  2  of  this  ordinance. 

Art.  406.  (8)  From  the  effect  of  this  ordinance  are 
jxcepted  the  body  or  bodies  of  such  person  or  persons 
rho  shall  have  died  in  the  charity  or  marine  hospital,  in 
le  army  or  navy,  and  all  such  as  shall  be  ordered  to  be 
iterred  upon  the  production  of  the  certificate  of  the 
,'oroner. 

Art.  407.  (9)  The  Recorder  of    Births   and    Deaths    D„ty 
jhall  procure  monthly  a  list  of   such   persons  who  shall  o^thsf 
ive  died  in  the  charity  and  marine  hospitals,  and  also 
such  as  shall  have  been  interred  upon  the  production 
>f  the  certificate  of  the    Coroner,    as    mentioned  in  the 
preceding  section  of  this  ordinance,  and  record  the  same 
the  books  of  his  office. 


Exception?. 
Ib. 


of  Re- 

r      o  1 


firemen's  cemetery,  fifth  district. 

Art.  408.  (l)That  permission  is  hereby  granted  to  the 
Firemen' s  Charitable  Association  of  Algiers  to  establish 


202  CEMETERIES   AND   INTERMENTS. 

Establishing  ^  cemetery  in  square  No.  23,  bounded  by  Webster  ave- 

cemetery.  .;  -a  ?  ^ 

Ma|,  1878.  nue,  Washington,  Lapeyrouse  and  Socrates  streets,  in 
the  Fifth  District,  the  said  cemetery  to  be  conducted  in 
strict  accordance  with  existing  ordinances. 

Cemetery  in  ^^T.  409.  (2)  Hereafter  no  person  shall  be  buried  in 
Fourth  Dist.  ^Yie  ground  of  the  cemetery,  or  the  square  comprised 
within  Washington,  Sixth,  Prytania  and  Plaquemine 
streets,  of  the  Fourth  District,  and  in  future  no  inter- 
ments shall  be  made  therein,  except  by  persons  owning 
lots,  vaults  or  tombs ;  and  further,  that  the  St.  Joseph 
Asylum,  of  the  Fourth  District,  may  use  square  No. 
271  for  burial  purposes. 

HOLT    CEMETERY. 

Establishing  Art.  410.  (2)  That  the  Administrator  of  Police  be 
*^*Apru7«'879.  and  he  is  hereby  authorized  to  lay  off  a  lot  of  ground  on 
■  *  the  Lower  City  Park,  at  the  intersection  of  the  St.  Louis 
and  New  Metairie  road,  and  that  said  lot  of  ground  be 
known  as  Holt  Cemetery ;  and  that  the  Administrator  of 
Police  be  and  he  is  hereby  empowered  to  properly  fence 
in  said  ground  and  have  any  other  work  done  that  may 
be  necessary ;  provided,  that  the  same  does  not  amount 
to  over  $500. 

ISRAELITE    CHARITABLE    ASSOCIATION    CEMETERY. 

Israelite  chari-  ^^T.  411.  (3)  Pcrmission  is  hereby  granted  to  the 
c*ati^on.''^*^°"  officers  and  members  of  the  Israelite  Charitable  Associa- 
as.tS-  *^^^  ^  ^P^^  *^^  square  of  groimd  No.  84,  bounded  by 
St.  Louis,  Bernadotte,  Toulouse  and  Antoine  streets,  for 
the  purposes  of  establishing  a  cemetery,  provided  the 
same  be  properly  enclosed  with  a  good  and  substantial 
brick  wall ;  and  provided  further,  that  all  ordinances 
and  resolutions  of  the  City  Council  which  are  now  or 
may  hereafter  be  passed  by  said  Council  relative  to  ceme- 
teries be  strictly  complied  with. 

''LOCUST    grove"    CEMETERY. 

Art.  412.  (4)  That  the  Mayor  of  the  city  be  and  he  is 
hereby  authorized  to  purchase  of  Ranon  Marton  a  cer- 


CEMETERIES   AND   INTERMENTS.  203 


6339- 


tain  portion  of  land  known  as  square  No.  363,  Fourth  New 
District,  bounvled  by  Sixth,  Seventh,  Magnolia  and  Lo-  i^s- 
cust  streets ;  the  same  to  be  used  for  cemeterial  pur- 
poses ;  provided,  the  titles  be  examined  and  approved  by 
the  City  Attorney,  and  the  cost  do  not  exceed  the  sum 
of  two  thousand  seven  hundred  and  fifty  dollars. 

Art.  413.  That   square  No.  363,  bounded   by   Sixth,     Establishing 

cemetery. 

Harmony,  Locust   and  Magnolia  streets,  be  used  for  a    Mar.  1877. 
burial  ground,  and  to  be  known  as  the  Locust  Grove 
Cemetery  No.  2. 

That  the  Administrator  of  Police  be  and  he  is  hereby 
authorized  to  enclose  said  square  with  a  picket  fence. 

seventh   district   CEMETERY. 

Art.  414.  (5)  That  from  and  after  the  passage  of  this    pHce  ofiots. 
ordinance  until  further  action  by  the  Common  Council ,     ^I'.^s^W?^ 
the  price  of  lots  in  the  Seventh  District  (late  Carrollton)  ^'^^^^  •^°-  979, 
Cemetery  shall  be  fixed  at  $20  each. 

Art.  415.  That  the  Commissioner  of  Police  and  Public    outv  of  Ad- 
Buildings  be  and  he  is  hereby  instructed  to  execute  this  pou'ce!*'"*^ 
ordinance,  and  generally  to  provide  such  other  regula- 
tions as  may  be  necessary  for  the  proper  administration 
of  the  said  cemetery. 

See  Ordinance,  A.  S.,   Nos.  1217.  3051,  3863,  3998,  4446,   4509, 
4588,  4751,  4996.  6829,  7301. 

VALENCE     CEMETERY. 

Art.  416.  (6)  That  the  Administrator  of   Police   be    ^     ,.        , 

^     '  Donation    of 

and  is  hereby  authorized  to  donate  to  the  Ladies'  Evan-  lots- 

•^  Jan.,  iSSi. 

gelical  Lutheran  Church  four  lots  of  ground,  Nos.  104,    a.  s.  6829. 
105,  106  and  107,  in  Valence  Street  Cemetery. 

Art.  417.  That  from  and  after  the  passage  of  this  or-       ^  ^  ^^  ^^^^ 
dinance  the  price  of  lots  in  the  Valence  Street  Cemetery    A«Kust,  issi. 
be  reduced  from  forty-five  dollars  to  thirty  dollars,  and 
all  ordinances  or  parts  of  ordinances  in  conflict  with  this 
be  and  the  same  are  hereby  repealed. 

WASHINGTON   CEMETERY. 
(Formerly  Lafayette.) 
Art.  418.  (7)  That  the   Administrator  of    Police  be 
and  he  is  hereby  directed  to  cause  that  part  of  Lafayette 


204  CHEMIST,    CITY. 

Price  of  lets.  Cemetery  No.  1  along  the  enclosure  of  Prytania,  Sixth 
A.  s'.'i2i7.'     and  Coliseum  streets  to  be  surveyed  into  lots  measuring 

nine  by  five  feet,  and  the  price  of  such  lots  shall  be  not 

less  than  sixty  dollars  each. 


ACTS  OF  THE  LEGISLATURE. 

AN  ACT   RELATIVE   TO    PUBLIC    CEMETERIES. 

Cemeteries  ex-  SECTION  1.  Be  it  further  enacted  by  the  Senate  and  House  of  Bep- 
TaxHtfon  sal^  **^*^"^^^^^^*  of  the]  State  of  Louisiana,  in  General  Assembly  convened, 
and  ni  o  rt-  That  all  public  cemeteries  for  the  purpose  of  interment,  with  the 
^  monuments  erected   thereon,   whether    owned    by   religious  or 

charitable  corporations  or  associations,  by  municipal  corporations 
or  by  individuals,  shall  be  forever  exempt  from  taxation  and  from 
seizure  and  sale  for  debt,  and  shall  never  be  susceptible  to  mort- 
gage, whether  legal  or  conventional. 
Right  to  sell     Sec.  2.  That  all  religious  denominations  and  congregations  of 
o*nnierme'ilt°^*  ^^^®  State,  and  all  other  associations  which   now  own  or  may 
hereafter  own    any  portion  of  land  destined  as  a  place  for  inter- 
ment of  the  dead,  shall  have  the  right  to  sell,  convey  and  transfer 
such  parts,  fractions  or  lots  of  the  same  as  may  be  necessary  and 
proper  for  interments ;  the  acts  of  sale,  conveyance  and  transfer 
shall  be  passed  under  such  form  as  may  be  prescribed  by  the  by- 
laws or  special   resolutions  of  the  religious  denominations,  con- 
gregations or  other  associations.    Acts  of  sale  so  made  shall  be 
equally  authentic,   and  impart  full  proof  as  if  they  had  been 
passed  before  a  notary  public  and  two  witnesses.    It  shall  not  be 
necessary  to  record  them  in  any  public  office,  nor  shall  it  be  law- 
ful for  the  Recorder  of  Mortgages  in  any  city  or  parish  of  this 
State  to  record  or  to  certify  the  existence  of  any  privilege  or 
Exemptions,  mortgage  bearing  on  said  lots.    The  lots  shall  be  forever  free 
from  taxation,  and  from  seizure,  attachment  or  sequestration  for 
debts  of  any  owner,  whether  belonging  to  the  successions  of  de- 
ceased persons  or  to  surviving  friends. 
Certain  laws     ^^c.  3.  That  all  laws  or  parts  of  laws  contrary  to  this  act,  and 
repealed.  ^Q  laws  on  the  Same  subject-matter,  except  what  is  contained  in 

the  Civil  Code  and  Code  of  Practice,  are  repealed. 

Act  of  1855,  p.  118,  approved  March  12,  1855.     See  Civil  Code, 
Art.  447. 

CHEMIST,  CITY. 


Office  created.     Art.  419.  That  the  office  of  Analytical  Chemist  of  the 

o."s.'63?s^'     city  of  New  Orleans  be  and  the  same  is  hereby  created ; 

i!s.'''^°'^'^'the  officer  thereof  to  be  appointed  by  the  Mayor,  and  to 

•  7.  'S93.    j.gggjyg  ^  monthly  compensation  of  one  hundred  dollars, 


i 


CHIMNEYS,    STOVES   AND   STOVEPIPES.  205 

to  be  paid  on  the  pay  roll  of  city  officers.  This  ordi- 
nance to  take  effect  from  and  after  its  approval  by  the 
Mayor. 

CLERK  OF  CITY  COUNCIL. 

See  City  Council  and  City  Charter. 

Art.  420.  That  the  Clerk  of  the  Council  be  allowed    Assistant 
an    assistant,    who   shall  attend   to    such  other  duties  ^ord".  no.  3, 
as  the  Council  may  order,  said  assistant  clerk  to   be  ^'nov.  23,  iss*. 
elected  by  a  majority  of  the  Council,  at  such  a  salary 
^s  may  be  hereafter  fixed. 

Art.  421.  That  the  Clerk  of  the  Council  be  and  he  is    Minutes  of 
hereby  directed  to  mail  or  send  to  each  member  of  this    Ord.  Vo.  lo,- 
Council  a  printed  copy  of  the  minutes  of  each  meeting  ^^I'eb".  i^,  1895. 
of  the  Council,  as  early  thereafter  as  the  same  shall  have 
been  printed,  in  order  to  enable  each  member  to  analyze 
such  minutes  in  time  before  the  next  meeting  of    the 
Council. 

This  order  is  intended  to  supersede  the  practice  of  lay- 
ing such  copies  on  the  members'  desks  on  the  night  of 
the  Council's  meetings,  which  practice  precludes  the 
members'  right  to  intelligently  pass  upon  said  minutes 
before  adopting  them  as  a  whole. 

See  Organization. 


CHIEF  OF  POLICE— See  Police. 


CHIEF  CLERKS. 

See  Sec.  39   of  City  Charter. 


CHIMNEYS,  STOVES  AND  STOVEPIPES. 
Art.  422.  (10)  All  discharging  or  arched  pieces  used  AUdischarg- 
in  the  chimney  of  any  building  hereafter  erected  or  p"fcesforecedJ 
built  in  the  city  of  New  Orleans  shall  recede  from  any  Tnches?*'  *'* 
flue  in  the  chimney  at  least  six  inches  (6),  and  all  chim- un^d"^*  ^°  ^' 
ney  fines  shall  be  lined  with  terra  eotta  lining  from  top 
to  bottom. 


206  CHIMNEYS,    STOVES  AND   STOVEPIPES. 

Chimneys  how     Art.  423.  In  no  building   shall  any  wooden  girdeiv 
beam  or  timber,  resting  on  the  walls,  be  placed  nearer 
than    eight    inches    (8)    of    any     flue,    whether    the 
same  be  smoke,  air  or  any  other  flue.     No  chimney  shall 
be  built  against  any  piece  of  timber,  nor  shall  any  tim- 
ber be  used  in  the  construction    of  any  chimney  flue. 
No  plank  or  other  combustible  material  shall  be  laid  on 
chimney  tops.     No  oven,  furnace  or  forge  shall  be  con-' 
structed  against  a  partition  wall  unless  a  counter  wall  of 
masonry  be  made ;  provided,  that  if  the  partition  wall  be 
made  of  brick  or  stone,  a  space  of  one  foot  (1)  shall  be 
left  between,  and  if  of  pales  or  plank  a  space  of  four 
feet  (4)  ;  and  if  any  one  shall  find  any  chimney,  oven. 
Mayor  to  cause  furnace,  forgc  Or  apparatus  so  defective  as  to  be  dan- 
chim^evs°'togerous,  lie  shall  make  a  report  of  same  to  the  Mayor, 
or  re'^pairJd.  *  who  shall  causc  samc  to  be   examined,    and  satisfying 
c.'s. "'    ^'^^'  himself  of    the  dangerous  condition   of  said  chimney, 
oven,  furnace,  forge  or  apparatus,  shall,  in  writing,  direct 
the  owner  or  his  agent  to  repair  or  remove  the  cause  of 
such  danger  within  such  time  as  he  shall  deem  reason- 
able. 
Chimneys  of     Art.  424.  All  chimucys  of  dwellings,  offices,  stores, 

dwellings  to  be     ,  ,  »  n  j.  i         • 

properly  lined,  churches,  fumaccs,  forges,  ovens  or  apparatus,  having 
c.s.  '  ""^""^''aii  area  not  exceeding  250  square  inches,  must  be  lined 
ay  23,  '^3-^-^jj  gj,g  ^jg^y  ^j,  terra  cotta  lining  at  least  five-eighths 
of  an  inch  thick,  and  from  top  to  bottom.     Such  clay 
or  terra  cotta  lining  shall  be  immersed  in  water  at  least 
ten  minutes  and  no  more  than  one  hour  before  being 
laid  in  the  chimney,  and  all  bricks  used  in  such  chim- 
ney shall  be  immersed  in  water  in  the  same  manner ; 
spraying  from  hose  or  dashing  of  water  from  buckets 
will  not  be  regarded  as  sufficient  for  bricks   to   enter 
in  the  construction  of  chimneys. 
Lining.  Art.  425.  All  chimneys  of  an  area  larger  than  18x18 

'inches  shall  be  lined  with   fire   brick  laid  in  fire  clay 
from  top  to  bottom.     AH  joints  to  be   thoroughly  filled, 
struck  and  smooth. 
Inspector's     Art.  426.  For the  furtherance  of  the  benefits  contem- 
ib.  plated  in  this  section,  the  inspector  may  enter  premises, 
may  remove  bricks   from   any   part  of  the  chimney  for 


CHIMNEYS,    STOVES   AND   STOVEPIPES.  207 

the  purpose  of  ascertaining  whether  the  lining  has  been 
placed  in  proper  manner ;  the  bricks  removed  to  be  re- 
placed by  the  owner  of  the  premises. 

Art.   427.   The  owner  or  builder  will  furnish  every    owner  or 

„      ...  ,         .  ,  n         J^  ^  -i  •  ,  builder  to  assist 

facility  to  the  inspector  for  the  clear  and  unequivocal  inspector, 
examination  of  any  chimney. 

Art.  428.  Should  it  be  discovered  on  examination  that    chimneys  to 
no    lining    has  been   put    in  any  chimney  which    has         "    '   ib. 
been  built  subsequent  to  the  passage  of  this  amendment, 
said  chimney  shall  be  torn  down  and  rebuilt  with  the 
proper  flue  lining,  and  at  the  expense  of  the  owner  of 
the  premises. 

Art.  429.  The  City  Engineer  is  obligated  to  keep  in  a    Record, 
proper  book  a  complete  record  of  all  chimneys  built  in 
compliance  with  this  ordinance,  and  shall,  on  the  re- 
quest of  any  parties,  be  obligated  to  furnish  certificate 
to  that  effect. 

Art.   430.   That  the  parties  not  complying  with  this    Penalities, 
amendment   shall  be  subject  to  all  the  penalties  pro- 
vided under  Ordinance  No.  6533,  C.  S. 

See  Buildings,  Akt.  344,  p.  180. 

Art.  431.  (24)  The  chimneys  of  all  forges  and  fur-    chimneys  of 
naces  connected  with  steam  engines,  used  in  factories  of  tonl^to'exte^nd 
every  description,   and  other  establishments,   shall   be  ""cw. No. 6533, 
carried  up  at  least  twenty  feet  (20)  above  the  high- 
est peak  or  portion  of  any  building  within  a  radius  of 
one  hundred  feet  (100)    from   said   factory   or   estab- 
lishment, and  all  such  chimneys  shall  have  caps  on  them 
so  constructed  as  to  prevent  cinders  and  soot  from  fall-  ' 
ing  upon  neighboring  houses. 

Art.  432,  It  shall  be  the  duty  of  each  owner  or  occu-    chimneys  to 
pant  of  every  house  within  the  city  or  suburbs  to  sweep  ^^  ^^^i"^- 
or  cause  to  be  swept,  at  least  once  a  month,  any  chimney    Art.  i,  Ord. 
where  he,  she  or  they  habitually  keep  a  fire;  and  if  any  jfi'l^st *- J"^S 
•chimney  shall  take  fire  through  neglect  of  being  properly  °^^-  339S- 
swept  and  cleaned,  the  occupant  of  the  house,  room  or 
apartment  to  which  such  chimney  appertains,  shall  for- 
feit and  pay  a  fine  of  five  dollars. 

Art.  433.  (1)  From  and  after  the  passage  of  this  ordi-    stoves. 
nance  no  person  shall  set  up  or  use  a  stove,  any  portion  c.'^s.'^^°' ^^"' 


208  CHIMNEYS,    STOVES  AND   &TOVEPIPES. 

of  which  shall  be  within  two  feet  (2)  of  any  part  of  the 
woodwork  or  walls,  partitions,  or  floors  of  any  building^ 
within  the  limits  of  the  eity^  without  protecting  such 
woodwork  with  metallic  covering ,  so  as  to  effectually 
protect  the  same  from  fire. 

Stovepipes  Art.  434.  In  all  cases  where  a  stovepipe  projects 
projecting.  ^^  ^^  passes  through  the  roof  ^  partition  or  wall  of  any 
building,  a  part  or  the  whole  of  which  may  be  wood,, 
the  pipe  shall  be  supported  from  such  roof  or  woodwork 
at  least  six  (6)  inches  by  sheet  iron  or  other  non-com- 
bustible materials,  and  shall  project  above  or  beyond 
the  roof  or  wall  of  the  building  as  the  case  may  be,  at 
least  three  (3)  feet. 

Pipes  over     Art.    435.    No   stovepipe   shall  be  allowed    to  pro- 

sidewalks.  .  .  _  „  . 

lb.  ject  over  any  sidewalk  or  into  any  street. 

Not  to  annoy     Art.    436.     No    pcrson     shall    erect    or    continue 

"o?d.^N".'2i79,  erected,  or  use  any  chimney^  stove  or  stovepipe  in  such 

^May,  1855.     a  manner  as  that  the  smoke  thereof  shall  annoy  any 

neighbor  or  the  citizens  passing. 

Penalty.  Art.  437.   (5)  Any  person  or  persons  contravening 

■  any  portion  of  this  ordinance,  after  written  notice  to 

comply  with  its  provisions  from  the  Street  Commissioner, 

shall  be  liable  to  a  penalty  of  ten  dollars  for  each  day 

he  or  they  may  be  in  contravention ,  recoverable  before 

any  court  of  competent  jurisdiction^  for  the  benefit  of 

the  city. 

Noise  and     Art.    438.    That  the   owners  or  lessees  of  the  said 

f^°^fejghbo°rs! factories,  etc.,  shall  take  all  proper  precaution  to  pre- 

^Ord.  No.  2505,  ^gjj^  the  noise  of  their  machinery  or  smoke  emanating 

Oct.  11,1887.  from  the  chimneys  thereof  from  becoming  a  nuisance 

to  the  neighbors. 
Penalty.  Art.  439.  That  any  person  or  persons  refusing  to  com- 

ply with  the  requirements  of  this  ordinance,  upon  the] 
official  order  of  the  Mayor,  shall  be  subject  to  a  fine  of 
twenty-five  dollars  for  each  week  from  and  after  the 
first  notification,  that  he  shall  have  neglected  or  refused 
to  comply  with  the  requirements  of  this  ordinance,  and 
in  the  event  of  failure  to  pay  the  said  fine,  the  person, 
or  persons  so  refusing  and  offending  shall  be  im- 
prisoned for  a  period  not  exceeding  thirty  daysj   thft| 


CISTERNS.  209 

said  fine  or  penalty  to  be  imposed  by  the  Recorder  of  the 
district  in  which  the  said  factories,  etc.,  may  be  located. 

Art.  440.  That  all  chimneys  in  low  buildings  shall  be    cwmneys  in 

low  buildings. 

extended  to  the  height  of  three  feet  above  the  gutters  ot  ord.  no. 7043, 
adjoining  buildings  which  are  located  within  a  radius  of  Aug.  15, 1893. 
fifty  feet. 

Art.  441.  That  no  stovepipe  shall  extend  through  the  ^.J^p^^^'^rough 
side  of  any  building,  nor  extend  through  the  i"Oof  of  earthen  *r^o\er 
any  building,  unless  provided  with  a  metal  plate  or " on- 
earthen  ware  protector,  or  a  double  metal  thimble  with 
two-inch  air  space,  leaving  an  air  space  one  inch  wide 
between  the  protector  and  the  pipe,  and  no  woodwork 
shall  be  within  a  distance  of  eight  inches  of  the  stove- 
pipe when  a  metal  plate  protector  is  used,  but  the 
earthenware  or  metal  thimble  with  two  inch  air  space 
may  be  set  tight  in  woodwork.  When  earthenware, 
clay  or  terra  cotta  are  used,  the  ware  pipe  shall  be  not 
less  than  three-quarters  of  an  inch  thick,  and  shall  be 
two  inches  larger  in  inside  diameter  than  the  out- 
side of  the  stovepipe,  and  shall  extend  outward  two 
inches  beyond  any  woodwork  on  either  side,  and  may 
be  set  tight  in  such  woodwork,  and  opening  between 
stovepipe  and  ware  pipe  may  be  closed  with  any  in- 
combustible material,  and  where  through  floors  between 
two  rooms  or  where  through  partitions  between  two 
rooms  it  shall  in  all  instances  be  so  closed. 

He  who  wishes  to  dig  a  well  or  a  necessary,  to  build  a  chim- 
ney or  hearth,  a  forge,  an  oven,  a  furnace  or  stable,  to  put  up 
shelves  or  to  store  salt  or  other  corrosive  substance  near  a  wall, 
whether  held  in  common  or  not,  is  bound  to  leave  the  distance, 
and  to  cause  to  be  made  the  works  prescribed  by  the  regulations 
of  the  police,  in  order  that  his  neighbor  be  not  injured  thereby. 

And  if  there  be  no  regulations  of  police  upon  all  or  any  of  these 
subjects,  he  shall  conform  to  the  following  rules,  in  cases  which 
have  not  been  foreseen.— Civil  Code,  Art.  688. 

He  who  wishes  to  build  a  chimney  or  hearth  against  a  wall 
held  in  common,  is  bound  to  make  a  double  wall  of  brick,  or 
other  material,  six  inches  thick.— Civil  Code,  Art.  683. 


CISTERNS. 
See  Buildings,  Water  Supply. 
Art.  442.  (2)  All  buildings  hereafter  erected  within 
this  city  shall  be  supplied  with  a  healthy  supply  of  water 


210  CITY   DEBT. 

Water  supply,  not  less  than  five  hundred  (500)  gallons  for  each  room 

Ord.  No.  6533,  .  V  /    D 

c.s  m  said  building;   provided   the   aggregate   capacity   of 


July  S,  1892. 


cistern  capacity  shall  be  not  less  than  twenty-five   hun- 
dred (2500)  gallons. 

Art.  443.  (3)  All  cisterns,  the  water  of  which  is  used 
for  drinking  or  culinary  purposes,  shall   be  provided  by 
^'''the  owner  thereof  with  suitable  covers. 


CITY — See  New  Orleans  and  City  Council. 


CITY  ATTORNEY— See  Attorney. 


CITY  TIME. 

Time  signals.     Art.  444.  That  to  cstabUsh  uniform  time  the  police  and 
fire  alarm  telegraph  shall  give  the  following  signals : 
2  blows  for     6  o'clock   a.  m. 
2      "       "    12      "  M. 

4:  "  "  1  '^  P.    M, 

9      u        ''       9      "  "  <^ 

Except  Sundays,  only  one  blow  for  12  o'clock  m. 

CITY  DEBT. 

EXTENSION   OF   BONDS. 

Act.  No.  s8.  Art.  445.  (1)  That  the  terms  and  conditions  of  Act 
Ord. No'. 7563',  No. -58,  Acts  of  the  General  Assembly  of  Louisiana, 
July  25, 1882.  approved  June  30,  1882,  relative  to  settlement  and  ad- 
^^djij>s^mentof  j^g^jjjg^t;  of  thc  city  debt,  be  and  the  same  are  hereby 
Acceptance  of  acccptcd  by  tlic  city,  and  the  good  faith  of  the  city  is 
^^"'^  hereby  pledged  to  the  full  execution  thereof. 

Issue  of  cer-  Art.  446.  (2)  That  for  the  purpose  of  extending  the 
■  payment  of  all  outstanding  bonds  of  the  city  of  New 
Orleans  other  than  premium  bonds,  whether  due  or  to 
become  due,  including  such  as  have  been  merged  into 
judgments,  but  for  which  no  tax  has  been  levied,  and  as 
provided  by  said  Act  No.  58,  approved  30th  June,  1882, 
''An  act  to  authorize  the  city  of  New  Orleans  to  renew 
and  extend  payment  of  her  outstanding  bonds  other  than 


tificates  o 
nexes 


CITY   DEBT.  211 

premium  bonds,"  etc.,  there  shall  be  issued  by  the  city 

of  New  Orleans   certificates   or  annexes   importing  an    Pavabiein 

forty  vea.rs. 

obligation  of  the  city  to  pay  the  principal  of  the  ex- 
tended bond  in  forty  years  from  the  1st  of  January, 
1883,  to  which  certificates  there  shall  be  attached  and 
delivered  with  such  certificates  semi-annual  coupons  of 
interest  upon  the  principal  of  the  bond  at  the  rate  of  3 
per  cent,  semi-annually,  the  said  coupons  of  the  certifi- 
cate to  relate  to  the  dates  of  the  maturity  of  the  coupons 
of  the  extended  bonds,  beginning  with  the  earliest  cou- 
pon maturing  after  the  1st  of  January,  1883,  and  con- 
tinuing during  a  period  of  forty  years,  said  certificates 
and  coupons  to  be  in  all  respects  as  required  by  said  act, 
and  specially  by  the  third  section  thereof,  the  said  cer-  ^  Delivery  of  to 

f  J       J  '  holders   of  out- 

tificates  to  be  delivered  to  all  holders  of  such  outstandingstanding bonds, 

°  etc. 

bonds  applying  for  such  certificates  under  said  act,  and 
to  be  securely  affixed  to  such  bonds ;  no  certificates  to 
be  delivered  unless  all  the  coupons  of  the  extended  bond 
maturing  after  1st  of  January,  1883,  shall  be  attached 
to  such  bond ;  the  certificate  to  be  of  no  effect,  unless 
accompanied  at  all  times  with  the  bond  and  such  unma- 
tured coupons  thereof;  the  city  to  have  the  right  to  pay  Ri^ht  to  re- 
and  redeem  such  certificates  and  extended  bonds  at  par,  o/c'uy.°"  '""^ 
on  and  after  the  1st  of  January,  1895,  on  giving  notice 
of  three  months,  the  interest  upon  the  certificates  and 
bonds  to  cease  on  expiration  of  such  notice. 

Art.  447.  (3)  That  for  the  purpose  of  extending  the     outstanding 

^     '  r        IT  o  coupons. 

payment  of  all  outstanding  coupons  of  bonds  of  the 
city,  maturing  up  to  and  including  the  1st  of  January, 
1883,  there  shall  be  issued  by  the  city  of  New  Orleans 
certificates  for  the  amount  of  the  face  of  the  coupons, 
with  six  per  cent,  interest  per  annum  thereon  up  to  the 
1st  of  January,  1883,  said  certificates  to  bear  that  date 
and  to  be  payable  in  ten  years  from  such  date  or  sooner,     ^     . 

'^     -^  *'  '        Semi-annual 

at  the  option  of  the  city,  and  to  bear  interest  at  the  ratec""ponsforin- 

*•  "^  '  •  terest. 

of  three  per  cent,  semi-annually,  payable  1st  of  January 
and  July  of  each  year  from  1st  of  January,  1883,  until 
paid,  and  corresponding  semi-annual  coupons  for  said 
interest  shall  be  attached  to  said  certificates,  the  certifi- 
cates to  be  negotiable  by  delivery  only,  without  endorse- 


212  CITY  DEBT. 

ment,  and  to  be  in  all  respects  conformable  to  said  act, 
and  especially  to  the  fourth  section  thereof;  the  said 
certificates  shall  be  delivered  to  all  holders  of  the  cou- 
pons of  said  outstanding  bonds  maturing  up  to  and  in- 
cluding 1st  of  January,  1883,  who  may  apply  for  the 
certificates,  such  holders  to  be  required  first  to  deposit 
^(TeposUed  with  ^^^^   coupons   with  the   Board  of  Liquidation  for  safe 
^MaHoL  ^'"  keeping,  the  date  and  number  of  each  deposit  of  coupons 
to  be  carefully  registered,  the  registry  to  embrace  also 
the  corresponding  certificates,  and  the  certificates  to  be 
numbered  successively  in  the  same  order  of  the  deposits 
of  coupons  without  regard  to  the  time  of   actual  issue. 
Said  certificates  to  be  redeemable  at  par  by  the  city  on 
and  after  the  1st  of  January,  1884,  after  one  month's 
^fti^^  j^il^a^y^,  ^^^^^^  specifying  the  amount  and  numbers  of  the  certifi- 
'^^'*-  cates  it  will  cause  to  be  redeemed,  and  upon  such  call 

for  redemption,  the  last  and  highest  numbers  of  such 
certificates  to  be  redeemed  first,  and  after  said  notice  the 
interest  on  the  certificates  and  coupons  to  cease. 
Rights    of     Art.  448.  (4)  That   the  bonds   as   herein  set   forth 
shall  be  renewed  and  extended,  and  certificates  for  past 
due   coupons  issued  and  accepted,   on  the  part  of  the 
holders  of  such  bonds  or  coupons,  under  benefit  of  res- 
ervation of  all  their  rights,  as  expressly  set  out  in  said 
Act  No.  58,  and  especially  sections  3  and  4  thereof,  under 
Reservation  which  the  rights  of  said  holders  of  bonds  and  coupons 
fn  evTnf  of  uudcr  their  Original  coutracts  are  preserved,  and  revive 
city  s  e  an  t.    ^^  ^^j^  force  iu  the  event  of  any  default  by  the  city  of 
the  payment  of  the  new  certificates,  or  in  the  execution 
of  the  provisions  of  said  act. 

Art.  449.  (5)  That  the  said  certificates  shall  be  signed 
by  the  Mayor  and  Administrator  of  Finance,  and  coun- 
tersigned by  the  Administrator  of  Accounts. 

BOARD  OF  LIQUIDATION. 

To  turnover  Art.  450.  (1)  That  the  Commissioners  of  theConsoli- 
Sonds,  e^tcf  ^"'  dated  Debt  of  the  city  of  New  Orleans  be  and  are  hereby 

J un^e.  %¥o.  directed  to  turn  over  and  transfer  to  the  Board  of  Liquida- 
tion, created  by  Act  No.  133  of  1880,  all  books,  papers, 
accounts,  deposits,  bonds,  credits,  and  all  property  un- 


CITY   DEBT.  213". 

der  their  control  or  in  their  possession,  pursuant  to  the 
provisions  of  said  act ;  and  said  Commissioners  shall  re- 
quire of  said  Board  of  Liquidation  a  detailed  receipt  of 
all  things  so  turned  over  and  transferred. 

Art.  451.  (2)  That  the  Administrator  of  Finance  bexo  deposit  m- 
and  is  hereby  authorized  and  directed  to  deposit  to  the  ib. 

credit  of  said  Board  of  Liquidation  of  the  City  Debt, 
and  in  such  bank  as  shall  be  selected  by  them,  all  taxes 
appropriated  and  collected  for  the  interest  of  the  bonded 
debt  of  the  city  of  New  Orleans  ;  provided,  that  the  said 
Board  of  Liquidation  shall  carry  out  the  engagements 
now  existing  between  the  Louisiana  National  Bank,  the 
Commissioners  of  the  Consolidated  Debt  and  the  city  of 
New  Orleans. 

city   bonds. 

Art.  452.  (1)  That  pursuant  to  the  provisions  of  sec-     to  prepare 
tion  2  of  an  act  entitled  * '  An  act  to  liquidate  the  in-  ^°^^%^  5598. 
debtedness  of  the  city  of  New  Orleans  and  to  apply  its    ^^"^'  '^^• 
assets  to  the  satisfaction  thereof ;  to  create  a  Board  of 
Liquidation  and  prescribe  their  duties ;  and  to  provide 
for  a  fiscal  agent  and  for  the  levying  of  a  sufficient  tax 
to   pay   said   interest,"    approved  April  10,   1880,  and 
known  as  Act  No.  133,  the  Board  of  Liquidation,  by  said 
act  created,  be  and  is  hereby  authorized  and  directed  to 
prepare  bonds   of  the  city  of  New  Orleans  to  be  used 
only  for  the  purpose  of    negotiation  or   exchange,  as 
provided  by  said  act. 

Art.  453.  (2)  That  the  form  of  said  bonds  shall  be  pormofbond. 
determined  upon  as  required  by  the  terms  of  the  second  ^''• 

section  of  the  act  above  referred  to. 

Art.  454.   (3)    That  upon    the  preparation    of    said    g^  ^^om  to 
bonds,   and  upon  the  request  of  the  Board  of  Liquida- ''^  ^'^"*='^-    ib. 
tion,  the  Mayor  shall  sign  and  the  Administrators  of 
Finance  and  Public  Accounts  shall  countersign  the  same, 
as  required  by  the  provisions  of  said. act. 

"  PREMIUM   BONDS." 

Art.  455.  (1)  That  the  Council  cordiallv  approves  and  „  Adoption   ot 

^     '  "       ^'^  Premium  Br nd 

adopts   the   plan    submitted    by   the   Administrator  of  plan. 
Finance  entitled  ''  The  Premium  Bond  Fund  of  the  City    May.  «87s". 


214  CITY   DEBT. 

of  New  Orleans,"  etc.,  and  the  Commissioners  of  the 
Consolidated  Debt  are  hereby  charged  with  the  duty,  by 
and  with  the  advice  and  consent  of  the  Council,  to  adopt 
the  measures  necessary  to  carry  the  same  into  execution. 
Funding  of     Art.  456.   (1)  That  the  Legislature  of  Louisiana  hav- 

^°A%.  3414.  ing,  under  Act  No.  31,  approved  March  6,  confirmed  and 
March,  1876.  ratified  the  premium  bond  plan  as  adopted  by  the  City 
Council,  the  Commissioners  of  the  Consolidated  Debt 
are  hereby  authorized  to  proceed  with  the  funding  of 
bonds  in  conformity  with  said  act,  which  is  hereby  ac- 
cepted in  all  its  provisions. 

Time  for  aiiof      Art.  457.  (1)  That  hereafter  the  allotments  of  series 

ting  Premium 

Bonds.  of  premmm  bonds  shall  take  place  quarterly,  to-wit: 

Aprii,i876.  on  the  31st  of  January,  15th  of  April,  31st  of  July  and 
15th  of  October  of  each  year;  provided,  however,  that 
in  all  cases  where  these  respective  dates  shall  fall  upon 
a  dies  tion,  they  shall  be  postponed  until  the  next  legal 
day  thereafter. 

TO  FUND  THE  BONDED  DEBT. 

To  advertise     Art.  458.   (3)  That  the  Commissioners  of  the  Consoli- 
funded.        ""  dated  Debt  be  and  are  hereby  authorized  to  invite,  by 

june,'^°i'87s.  publication,  the  presentation  of  bonds  to  be  funded  in 
twenty-dollar  premium  bonds,  in  accordance  with  the 
law  submitted  by  the  Administrator  of  Finance  and 
adopted  by  the  Council  at  its  regular  meeting  on  tht- 
twenty-fifth  of  May  last,  and  approved  by  the  Mayor. 

Timeforpre-  Art.  459.  That  lu  ordcr  to  participate  in  the  first  re- 
sen  ing  on  s^  (jemption,  all  bonds  must  be  presented  on  or  before  the 
first  day  of  September  next,  from  which  time  further 
exchange  will  cease  until  the  first  allotment  shall  havr 
been  made.  The  holders  of  bonds  thus  funded  will  re- 
ceive in  cash  at  that  date  a  pro  rata  of  all  interest  funds 
to  the  credit  of  the  respective  series,  and  all  coupons  due 
and  to  become  due  shall  be  thereupon  surrendered  with 
the  bond  itself. 

Art.  460.  That  the  Commissioners  of  the  Consolidated 

E  n  gr  a  ving 

bonds.  Debt  be  and  are  hereby  authorized  to  contract  for  pro- 


ib. 


posals  or  otherwise  for  the  printing  or  engraving  of  the 
premium  bonds. 


CITY   DEBT.  215 

DEFINING    FLOATING   DEBT. 

Art.  461.  (4)  That  the  Floating  Debt  of  the  city  of  Floating  debt. 
New  Orleans  is  hereby  declared  to  consist  of  the  follow-  a.  s.  3410. 
ing  valid  obligations,  viz. :  Certificates  of  appropriation, 
tax  warrants,  five-eighths  tax  excess  certificates,  criminal 
jury  and  coroners'  warrants,  city  money,  unpaid  ordi- 
nances of  1873,  1874  and  1875,  registered  judgments, 
judgments  in  United  States  Courts,  for  floating  debt 
only,  half -paid  interest  coupons  and  indebtedness  of  the 
late  city  of  CarroUton,  as  provided  in  Ordinance  No. 
2997,  Administration  Series. 

BONDS     OF     THE    CITIES    OF   NEW    ORLEANS,     CARROLLTON 
AND  JEFFERSON. 

Art.  462.  (2)  That  the  Administrator  of  Finance  be    Exchange  of 
and  is  hereby  directed  to  exchange  all  recognized  bonds  ^"^^^^^^^j,"^  ca^ 
of  the  city  of   New  Orleans,  also   of   the   late   cities   of  ^"{^•"^"/"'^J^^- 
Carrollton  and  Jefi:'erson,  for  premium  bonds  in  accord-    ^^|-  ^^^s- 
ance  with  the  plan  adopted  by  the  Council  and  approved 
by  the  Mayor  on  the  twenty- fifth  day  of  May,  1875.    The 
said  premium  bonds  shall  be  dated  on   the  first    day  of 
September,  1875,  and  bear  interest  at  the  rate  of  five  per 
cent,  per  annum  from  the  15th  day  of  July,  1875.    They 
shall  be  signed  by  the   Commissioners   of   the    Consol- 
idated Debt,  and  be  countersigned,  when  issued,  by  such 
parties  as  the  Council  may  hereafter  select  for  that  pur- 
pose. 

Art.  463.    That  on  all  bonds  funded   or  hereafter  to    Dateofimer- 
be  funded  under  this  ordinance,  the  interest  adjustment  ^^*'  ib. 

shall  date  from  the  first  day  of  July,  1875,  after  which 
period  the  interest  thereon  shall  cease. 

Art.  464.  That  a  permanent  committee  of  six  shall  be    committee  of 

•     ,      -1  ,,11  Till  •  II  bondliolders. 

appomted  to  represent  the  bondholders  in  all   matters  ib. 

touching  their  interests  under  and  in  this  ordinance. 
They  and  their  successors  shall  at  all  times  have  free  ac- 
cess to  the  records  of  the  Consolidated  Debt,  and  may 
exercise  such  control  and  supervision  over  the  allot- 
ments, cancellation  and  registry  of  bonds  as  they  may 
deem  necessary.  They  shall  fill  all  vacancies  among 
themselves,  and  may,  in  their  discretion,  appoint  a  suit- 


216  CITY   DEBT. 

.able  person  to  act  for  them  in  all  matters  relating  there- 
to. The  committee  shall  at  present  be  composed  of  John 
G.  Gaines,  President  of  the  Citizens'  Bank;  Thomas  A. 
Adams,  President  of  the  Crescent  Mutual  Insurance 
Company;  Aug,  Bohn,  President  of  the  Mechanics  and 
Traders'  Bank;  George  Jonas,  President  of  the  Canal 
Bank ;  J.  H.  Oglesby,  President  of  the  Louisiana  National 
Bank ;  Samuel  H.  Kennedy,  President  of  the  State  Na- 
tional Bank. 
Cancellation     ^^^T.  465.  That  the  bonds  funded  under  this  ordinance, 

of  bonds,  ji^  except  those  which  shall  have  been  redeemed,  shall  not 
be  canceled  or  destroyed  before  the  month  of  April, 
1876.  They  shall  be  registered  by  number,  marked  and 
labeled  and  deposited  in  a  safe  manner  until  the  period 
named. 
Allotment  of     Art.  466.  That  the  first  allotment  of  series  shall  take 

*^"^^"  lb.  place  on  the  fifteenth  day  of  September  next,  or  as  soon 
thereafter  as  possible,  and  the  first  allotment  of  pre- 
miums of  the  fifteenth  day  of  January,  1876,  fixed. 
All  subsequent  allotments  of  series  shall  take  place  on 
the  fifteenth  of  April  and  the  fifteenth  of  October,  and  of 
premiums  on  the  fifteenth  of  January  and  fifteenth  of 
July. 
Pro  osaisfor     ^RT.  467.  That  until  all  the  bonds  herein  provided  for 

exchange  of  pid^i-e  funded,  it  shall  be  the  duty  of  the  Administrator  of 

tor     J-'remium  '  "^ 

Bonds.  ^^  Finance,  immediately  after  the  allotment  of  series,  to 
invite  by  sealed  proposals  the  exchange  of  old  bonds  for 
the  drawn  premium  bonds  remaining.  Such  proposals 
shall  state  the  lowest  price  at  which  the  old  bonds  art- 
offered,  payable  in  the  drawn  premium  bonds  at  face 
value  and  interest.  The  right  to  reject  any  or  all  bids 
to  be  reserved  by  the  Council. 
Driwn  bonds     ^^'^-  ^^^'  That  all  drawn  series  or  numbers  of  pre- 

Hc^e^n^s i\  and ^i"™  bouds  shall  bc  rcccived  by  the  city  for  all  dues, 

taxes.         ^^  licenses,  taxes  or  debts  of  any  description  at  their  face 
value  and  interest. 
Exchan  e  of     ^^T.  469.  That  in  all  cases  where  proposals  for  the 

''°jan'  18  6      exchange  of  bonds   have  been   received   and   rejected, 

A.  s!  3364.     iji^g  shall  again  be  invited,  either  before  or  after  the 

distribution  of  premiums,  for  exchange  of  bonds  and  for 


CITY  DEBT.  217 

cash,  as  the  case  may  be,  and  all  such  subsequent  offers 

may  include  the  undrawn  premium  bonds  on  the  same 

footing  as  any  other  bond. 

That  the  Commissioners  of  the  Consolidated  Debt  be    sealed  propo- 
sals for  sale  of 

and  are  hereby  instructed  to  advertise  for  sealed  pro-  oid   and   Pre- 

_  mium  Bonds. 

posals  for  the  sale  to  the  city  of  $350,000  of  old  and  ib. 

premium  bonds. 

Ordinance  No.  1463,  O.  S.,  relative  to  .Jackson  R.  R.  bonds. 

Ordinance  No.  1464,  O.  S.,  relative   to  Opelousas   R.  R.  bonds. 

Ordinance  No.  1577,  O.  S.,  relative  to  Pontchartrain  R.  R. 
bonds. 

Ordinance  No.  1775.  O.  S.,  relative  to  compromise  of  old  suit 
of  cities  of  New  Orleans  and  Lafayette  prior  to  consolidation. 

Ordinance  No.  2730,  O.  8.,  relative  to  additional  city  debt. 

Ordinance  No.  6108,  O.  S.,  relative  to  custodian  of  R.  R.  bonds. 

Ordinance  No.  1474.  N.  S. 

Ordinance  No.  27,  A.  S..  relative  to  seven  per  cent,  bonds. 

Ordinance  No.  57,  A.  S.,  compensation  for  floating  bond*. 

Ordinance  No.  409,  A.  8.,  relative  to  Jefferson  City  bonds. 

Ordinance  No.  882,  A.  S.,  relative  to  certificates  of  indebtedness. 

Ordinance  No.  883,  A.  8.,  relative  to  certificates  of  appropria- 
tions. 

Ordinance  No.  1486,  A.  8.,  relative  to  street  assessment  bonds. 

Ordinance  No.  1504.  A.  8.,  relative  to  drainage  bonds. 

Ordinance  No.  1625,  A.  8.,  relative  lo  gold  bonds. 

Ordinance  No.  2591,  A.  8..  relative  to  regulating  exchange  of 
bonds. 

ACTS  OF  LEGISLATURE. 

PREMIUM   BONUS. 

(Act  No.  31  of  March  6,  1876.) 

Whereas,  The  total  debt,  bonded  and  floating,  of  the  city  of 
'New  Orleans,  has  accumulated  to  an  amount  exceeding  twenty-* 
'  three  millions  of  dollars,  resulting  from  the  occurrence  of  the 
civil  war  and  from  reckless  expenditures  of  public  moneys. 

Whereas.  Under  the  depressing  influence  of  the  consequences 
of  the  late  war  and  the  disasters  produced  by  the  overflows  in 
this  State  and  other  causes,  the  taxable  property  of  the  city  of 
;New  Orleans  has  become  so  reduced  in  value  as  to  require  taxa- 
tion at  the  rate  of  at  least  five  per  cent,  per  annum  to  liquidate 
the  debt  as  established  by  the  acts  authorizing  the  various 
issues  of  the  same ;  and 

Whereas,  The  levying  of  a  tax  at  so  exorbitant  a  rate  renders 
the  collection  impossible; 

Whereas,  The  continuation  of  the  levying  of  a  tax  beyond 
the  ability  of  the  property  to  pay  leads  to  a  further  destruction  of 
assessable  property  of  the  city,  and  the  consecfuent  shrinkage  of 
the  common  pledge  of  the  creditors,  tending  to  a  continuation  of 
the  present  embarrassment  of  the  city  affairs  and  ultimate  prac- 
tical bankruptcy ; 


218  CITY  DEBT. 

Whereas,  The  City  Council  of  the  city  of  New  Orleans  have 
adopted  a  plan  for  the  liquidation  of  the  city  indebtedness,  looking 
to  the  payment  of  the  creditors  in  full,  obtaining  thereby  the  in- 
dulgence necessary  for  the  public  well-being  and  the  main- 
tenance of  the  public  honor;  therefore 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
tives  of  the  State  of  Louisiana,  in  General  Assembly  convened.  That 
the  Mayor  and  Administrators  of  the  city  of  New  Orleans,  or  such 
other  officers.  Aldermen  or  Administrators  as  may  hereafter  be 
ordained  or  established,  be  and  they  are  hereby  authorized  and 
directed  to  exchange  all  recognized  and  valid  bonds  of  the  city 
of  New  Orleans  and  the  late  cities  of  Jefferson  and  Carrollton  for 
bonds  known  as  the  premium  bonds  of  the  city  of  New  Orleans, 
in  accordance  with  the  plan  adopted  by  the  City  Council  and  ap- 
proved by  the  Mayor,  on  the  25th  of  May  and  31  st  of  August, 
1875.  The  said  premium  bonds  shall  be  dated  the  1st  of  Septem- 
ber, 1875,  and  bear  interest  at  the  rate  of  Ave  per  cent,  per 
annum,  from  the  15th  of  July,  1875;  they  shall  be  signed  by  the 
Mayor,  the  Administrator  of  Finance  and  the  Administrator 
of  Public  Accounts,  as  Commissioners  of  the  Consolidated  Debt, 
and  countersigned,  when  issued,  by  such  parties  as  the  Council 
have  designated  heretofore,  or  may  hereafter  designate,  with  the 
authorization  of  the  supervising  committee  hereafter  named. 

Sec.  2.  That  all  outstanding  bonds  bearing  interest  shall  have 
the  interest  computed  up  to  the  first  day  of  July,  1875,  and  there- 
after the  bonds  when  exchanged  shall  bear  interest  as  provided 
in  the  ordinance  above  ratified,  which  provides  for  the  premium 
bonds. 

Sp:c.  3.  That  the  allotment  of  series  and  premiums  which  have 
been  made  by  virtue  of  Ordinance  No.  3233,  Administration  Series. 
.  adopted  August  31,  1875.  by  the  City  Council,  are  hereby  ratified 
and  approved,  and  that  further  allotments  shall  take  place  on  the 
fifteenth  day  of  April  and  fifteenth  day  of  October  of  such 
year,  and  of  premiums  on  the  fifteenth  day  of  January  and  the 
fifteenth  day  of  July  of  each  year,  or  on  such  other  date  as  the 
Council  may  prescribe;  provided,  that  payments  be  not  made 
later  than  the  fifteenth  day  of  March  and  the  fifteenth  day  of 
September  of  each  year. 

Sec.  4.  That  a  permanent  committee  of  six  citizens  is  hereby 
created  to  represent  and  supervise  all  matters  and  interest  under 
the  operation  of  this  act;  they  and  their  successors  shall  at  all 
times  have  free  access  to  the  records  of  the  Consolidated  Debt, 
and  may  exercise  control  and  supervision  over  the  allotments  and 
premiums,  the  registration  and  cancellation  of  bonds  as  they 
may  deem  necessary,  when  not  in  conflict  with  the  provisions  of 
this  act ;  they  shall  fill  all  vacancies  in  their  number  by  death,  resig- 
nation or  otherwise;  the  said  committee  shall  at  present  be  com- 


CITY  DEBT.  219 

posed   as  follows:  John  G.  Gaines,  Thomas   A.    Adams,  August 
Bohn,  J.  H.  Oglesby.  Samuel  H.  Kennedy  and  George  Jonas. 

Sec.  5.  That  until  all  the  bonds  are  funded  as  herein  provided, 
it  shall  be  the  duty  of  the  Commissioners  of  the  Consolidated  Debt 
and  the  said  Supervising  Committee,  immediately  after  the  allot- 
ment of  series,  to  invite  by  sealed  proposals  for  the  exchange  of 
old  bonds  for  drawn  premium  bonds  remaining  in  possession  of 
the  city;  such  proposals  shall  state  the  lowest  price  at  which  the 
old  bonds  are  offered,  payable  in  the  drawn  premium  bonds  val- 
ued upon  their  face,  capital  and  interest;  the  said  bids,  if  any,  to 
be  opened  by  the  Commissioners  of  the  Consolidated  Debt  and  at 
least  one  of  the  said  Supervising  Conimitee.  the  right  to  reject 
any  or  all  bids  being  reserved  to  the  City  Council ;  provided,  that 
when  bids  are  rejected,  further  offers  shall  be  invited,  either 
before  or  after  distribution  of  premiums  for  exchange  of  all  other 
bonds,  or  for  ca>-h  as  the  case  may  be. 

Sec.  6.  That  it  shall  be  the  duty  of  the  City  Council,  in  the 
month  of  December  of  each  year,  or  in  the  annual  budget  an- 
nually adopted  for  the  ensuing  year,  to  include  an  amount  sufH- 
cient  to  meet  and  pay  the  principal  and  interest  of  the  premium 
bonds,  together  with  premium  included,  in  the  several  allotments 
of  series  and  premiums  tixed  for  such  year  by  the  aforesaid  or- 
dinances and  this  act.  It  shall  be  the  duty  of  the  Council  an- 
nually to  levy  an  eciual  and  uniform  tax  on  all  the  assessed  prop- 
erty within  the  corporate  limits  of  the  city,  at  a  rate  sufficient  to 
provide  the  amount  included  in  the  budget  as  aforesaid,  and  said 
tax  so  levied  shall  constitute  a  special  fund  to  be  used  for  no  other 
purpose  than  the  payment  of  raid  bonds  and  interest  on  the  said 
premiums  comprised  in  said  allotment,  and  the  fund  so  raised 
shall  be  placed  to  the  credit  of  an  account  to  be  called  the  Pre- 
mium Bond  Account,  and  no  money  from  said  fund  shall  be  paid 
out  except  on  the  joint  authority  of  the  Commissioners  of  the 
Consolidated  Debt.  The  said  tax  to  be  raised  shall  be  denomi-  ■ 
nated  the  premium  bond  tax,  and  shall  be  separately  mentioned 
in  the  tax  rolls  and  receipts ;  provided,  that  the  taxable  power  of  the 
corporation  of  the  city  of  Xew  Orleans  for  all  purposes,  including 
general  administration,  school,  police,  lighting,  salary  of  officers, 
court  expenses  and  every  other  purpose  of  government,  including 
the  sum  to  be  raised  to  pay  the  premium  bonds,  as  above  stated, 
shall  never,  until  the  full,  complete  and  final  payment  of  the  said 
premium  bonds,  exceed  the  rate  of  one  and  one-half  per  centum  on 
the  dollar  of  all  the  assessed  value  of  property  subject  to  taxation 
within  the  limits  of  the  said  city  of  Xew  Orleans.  The  above 
limitation  on  the  taxable  power  of  the  corporation  is  hereby  de- 
clared to  be  a  contract,  not  only  with  the  holder  of  the  said  pre- 
mium bonds,  but  also  with  all  residents  and  taxpayers  of  the  said 
city,  so  as  to  authorize  any  holder  of  said  premium  bonds,  resi- 
dent or  taxpayer  to  legally  object  to  any  rate  of  taxation  in  ex- 


220  CITY  DEBT. 

cess  of  the  rate  herein  limited;  it  being  also  a  part  of 
the  consideration  of  this  contract  that  the  city  of  New  Orleans 
shall  be  incompetent  to  incur  any  debt  or  obligation,  as  now  pro- 
vided by  the  Constitution  of  this  State,  until  the  final  payment 
and  extinction  of  the  premium  bonds,  aforesaid. 

Sec.  7.  That  no  tax  for  the  payment  of  bonds  or  interest  on 
bonds  other  than  that  authorized  by  the  preceding  sections  shall 
be  levied  either  for  the  year  1876.  or  any  year  or  years  thereafter 
by  the  city  of  New  Orleans,  and  that  all  existing  laws  requiring  or 
authorizing  the  City  Council  to  levy  any  tax  whatsoever  for  bonds 
or  interest  on  bonds,  other  than  said  premium  bonds,  be  and 
the  same  are  hereby  repealed ;  audit  shall  be  hereafter  incom- 
petent for  any  court  to  mandamus  the  officers  of  said  city  to  levy 
and  collect  any  interest  tax  other  than  that  provided  in  this  act, 
or  in  case  of  such  mandamus,  by  a  receiver  or  otherwise,  to  di- 
rect the  levy  and  collection  of  any  such  tax. 

Sec.  8.  That  all  bonds  issued  in  exchange  for  others,  all 
allotments  made,  and  all  things  done  by  the  City  Council  or  the 
Mayor  and  Administrators,  previous  to  the  passage  of  this  act, 
under  and  by  virtue  of  said  Premium  Bond  plan  and  the  ordi- 
nances Nos.  3130  and  3233,  be  and  are  hereby  approved  and  rati- 
fied, and  are  continued  in  force,  and  are  recognized  as  having 
been  lawfully  done  pursuant  to  powers  vested  in  the  Council  by 
the  constitution  and  laws. 

Sec.  9.  That  it  shall  be  the  duty  of  the  City  Council  to  at  once 
prepare  a  statement  in  detail  of  the  outstanding  bonds  of  the  city 
of  New  Orleans,  to  be  funded  as  aforesaid,  and  whenever  any  of 
,  gaid  bonds  are  funded  for  premium  bonds,  or  offered  to  the  city 

for  drawn  premium  bonds,  or  drawn  premiums,  the  said  bonded 
debt  so  exchanged  shall  be  immediately  canceled  by  the  Com- 
missioners of  the  Consolidated  Debt,  and  said  supervising  com- 
mittee or  a  member  thereof  shall  prepare  a  statement  of  the  bonds 
so  canceled,  to  be  made  public. 

Sec.  10.  That  no  city  property  of  any  kind  shall  hereafter  be 
sold  or  conveyed  in  any  manner  except  the  proceeds  be  applied 
to  the  reduction  of  the  bonded  or  floating  debt. 

Sec.  11.  That  in  addition  to  the  obligation  of  the  said  city  to 
provide  annually  the  sum  required  for  the  execution  of  the  Pre- 
mium Bond  plan,  at  least  a  tax  of  one-half  of  one  per  cent,  an- 
nually, t »  be  used  in  the  execution  of  the  provisions  of  this  act; 
and  if  [the]  product  of  said  half  of  one  per  cent,  be  more  than 
adequate  for  the  payment  of  the  drawn  premium  bonds,  and  the 
premiums  as  above  provided,  then  the  surplus  to  be  used  in  re- 
tiring the  outstanding  bonds ;  provided,  said  half  of  one  per  cent, 
taxation  be  considered  as  part  of  the  one  and  a  half  per  cent, 
taxation  to  which  the  taxing  power  of  the  city  is  limited  by  this 
act;  the  intention  of  this  section  being  to  limit  the  city  taxation 
to  one  and  one-half  per  cent,  annually  until  the  entire  extinction 


CITY  DEBT,  221 

of  the  bonded  debt;  to  authorize  the  Council  to  levy  annually^out 
of  the  one  and  one-half  per  cent,  taxation  a  sum  adequate  to  the 
annual  execution  of  said  Premium  Bond  plan,  and  after  the  year 
1881  to  levy  at  least  one-half  of  one  per  cent,  for  the  carrying  out 
of  said  plan,  and  to  distribute  the  surplus  realized  therefrom,  if 
any.  in  retiring  the  outstanding  bonded  debt. 

See  Act  133  of  1880,  p.  525, 

Sec,  12.  That  whenever  under  the  operations  of  this  act  the 
bonded  debt  of  the  city  of  Xew  Orleans  shall  be  reduced  below 
eight  millions  of  dollars,  the  creditors  holding  the  same  shall  be 
entitled  to  convert  the  same  into  bonds  bearing  six  per  cent, 
interest  per  annum,  payable  in  twenty  years  from  their  date,  to 
be  dated  after  the  reduction  aforesaid,  the  interest  to  be  paid 
semi-annually.  A  sinliing  fund  of  at  least  two  hundred  thousand 
dollars  to  be  provided  for  along  with  the  interest  by  adequate 
annual  taxation;  all  the  limitations  hereinabove  provided  on 
taxation  and  debt  to  be  applicable  after  the  issue  of  said  bonds 
until  payment  thereof. 

Sec.  13.  That  all  costs,  ihterest  and  charges  due  on  arreared 
city  taxes,  up  to  the  year  1875,  inclusive,  be  and  the  same  are 
hereby  remitted;  that  it  shall  be  the  duty  of  the  city  government, 
immediately  after  the  passage  of  this  act,  to  prepare  a  list  of  tlie 
valid  outstanding  floating  debt  of  the  city ;  that  after  the  prepara- 
tion of  the  list  of  the  floating  debt  provided  in  this  act  any  of  said 
debt  shall  be  receivable  in  payment  of  said  taxes,  as  follows:  For 
all  taxes  due  previous  to  the  year  1865.  inclusive,  the  said  out- 
standing floating  debt  shall  be  received  by  the  said  city  at  the  rate 
of  one  hundred  dollars  of  floating  debt  for  two  hundred  dollars 
of  taxes;  for  all  taxes  due  from  1866  to  1873,  inclusive,  the  said 
outstanding  debt  shall  be  received  at  par;  provided  said  taxes 
shall  be  paid  within  the  year  1876. 

Sec.  ]4.  That  all  drawn  premium  bonds  shall  be  receivable  by 
the  city  for  all  dues,  licenses,  taxes  and  debts  of  any  description 
at  their  face  value  and  interest. 

Sec.  15.  That  this  act,  in  all  its  provisions  and  limitations,  be 
held  a  contract  between  the  city  of  Xew  Orleans,  the  holders  of 
paid  premium  bonds  and  the  taxpayers  or  residents  of  said  city, 
so  as  to  authorize  any  of  the  contracting  parties  to  resist  any  and 
all  contracting  of  debt  by  the  said  city,  or  increase  of  taxation  , 
above  the  rate  limited  in  the  previous  provisions  of  this  act. 

Sec.  16.  That  this  act  take  effect  from  and  after  its  passage; 
that  all  laws  or  parts  of  laws  inconsistent  herewith  be  and  the 
same  are  hereby  repealed,  and  that  all  ordinances  of  the  city  of 
Xew  Orleans  conflicting  with  this  act  be  and  are  hereby  repealed 


222  CITY  DEBT. 

BOARD   OF    LIQUIDATION. 
Act  No.  133  of  1880. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  for  the  purpose  of  liquidating,  reducing  and 
consolidating  the  debt  of  the  city  of  New  Orleans,  as  hereinafter 
specified,  a  permanent  syndicate  of  six  citizens  of  the  said  city 
is  hereby  created.  The  said  syndicate  shall  be  chosen  as  follows  : 
Two  by  the  Governor  of  the  State  of  Louisiana,  two  by  the 
Lieutenant  Governor  and  two  bj^  the  Speaker  of  the  House  of 
Kepresentatives  and  the  Mayor  of  the  city  of  New  Orleans,  the 
Treasurer  and  the  Controller  hereof,  as  hereinafter  provided, 
shall  he  ex- officio  members  of  said  syndicate;  provided,  that  in 
case  no  change  is  made  in  the  present  city  the  present  Commis- 
sioners of  the  Consolidated  Debt  shall  act  as  ex-officio  members  of 
said  syndicate,  and  the  members  of  the  syndicate  so  named  shall 
fill  all  vacancies  in  their  number,  death,  resignation  or  otherwise. 

Sec.  2.  That  the  Commissioners  of  the  Consolidated  Debt,  or 
the  city  officers  provided  and  named  in  section  one  of  this  act  and 
the  syndicate  hereby  created  shall  constitute  a  Board  of  Liquida- 
tion of  the  Citv  Debt  and  the  said  board  shall  have  exclusive  con- 
trol and  direction  of  all  matters  relating  to  the  bonded 
debt  of  the  city  of  New  Orleans.  The  Board  of  Liquida- 
tion shall  cause  to  be  prepared  bonds  of  the  city  of  New  Orleans, 
which  bonds  shall  be  used  only  for  the  purpose  of  negotiation  or 
of  exchange  as  hereafter  provided.  The  said  bonds  shall  be 
signed  by  the  Mayor  and  countersigned  by  the  Administrators 
of  Accounts  and  of  Finance,  or  such  officer  or  officers 
as  may  be  hereafter  created  to  fill  their  respective  func- 
tions. They  shall  be  made  payable  in  fifty  years  from  the  day  of 
the  approval  of  this  act  and  bear  interest  at  the  rate  of  four  cents 
per  annum  from  the  date  of  said  bonds,  payable  semi-annually 
on  the  first  day  of  April  and  October  of  each  year,  said  interest 
represented  by  one  hundred  coupons  annexed  to  each  bond.  The 
said  bonds  and  interest  coupons  annexed  may  be  issued  for  such 
sums  as  may  be  deemed  most  convenient  by  the  Board  of  Liqui- 
dation and  be  made  payable  at  such  place  or  places  as  may  be 
designated  in  the  bond ;  but  the  said  bonds  shall  be  made  payable, 
interest  and  principal,  in  lawful  money  of  the  United  States,  and 
the  said  Board  of  Liquidation  shall  be  and  it  is  hereby  empow^er- 
ed  and  authorized  to  establish  in  New  York,  London,  Paris 
and  Amsterdam  such  agencies  as  they  may  see  fit  and   desirable. 

Sec.  3.  That  the  Board  of  Liquidation  of  the  City  Debt  be  and 
is  herebj''  authorized  and  empowered  to  retire  and  cancel  the 
entire  valid  debt  of  the  city  of  New  Orleans,  except  the  floating 
debt  created  up  to  the  date  of  the  passage  of  this  act.  whether 
represented  by  bonds  of  various  classes  or  by  judgments,  either 
by  the  sale  of  the  new  bonds  created  under  this  act  and  appliance 


CITY  DEBT.  223 

of  proceeds  to  the  purchase  of  such  old  obligations  on  such  terms 
as  may  be  agreed  upon  between  the  holders  of  the  said  old  obli- 
gations and  the  Board  of  Liquidation ;  provided,  the  new  bonds 
shall  not  be  sold  for  a  less  sum  than  eighty  cents  in  cash  on  the 
dollar,  and  that  no  exchange  shall  be  made  at  a  greater  rate  than 
fifty  cents  in  new  bonds  per  one  dollar  of  the  face  value  of  the 
old  obligation  with  interest  accrued  thereon ;  and  provided  fur- 
ther, that  the  entire  issue  of  new  bonds  sold  or  exchanged,  as 
above  provided,  shall  not  exceed  in  all,  ten  millions  of  dollars. 

Sfx'.  4.  (4)  That  should  any  obligation  of  the  city  of  New 
Orleans  be  deemed  fraudulent  or  invalid  by  any  member  of  the 
Board  of  Liquidation,  the  same  shall  not  be  purchased, 
exchanged  or  retired  until  the  holder  of  the  same  shall  have 
applied  to  the  proper  court  for  relief,  when,  if  flnal  judgment  be 
in  his  favor,  it  shall  be  deemed  to  be  a  valid  obligation  of  the 
city;  and  should  any  member  of  the  Board  of  Liquidation  know- 
ingly audit,  fund,  purchase  or  retire  for  value  any  illegal  obliga- 
tion of  the  city  of  New  Orleans,  or  shall  use  any  of  the  bonds 
herein  authorized  or  the  proceeds  thereof,  or  any  of  the  city's 
assets,  or  property  in  the  hands  of  the  board,  by  Virtue  of  this  act, 
for  pui-poses  other  than  those  contemplated  in  this  act,  he  shall, 
on  conviction  thereof,  be  punished  by  fine  of  not  less  than  one 
thousand  dollars  and  imprisonment  at  hard  labor  for  not  less  than 
one  year. 

Sec.  5.  (5)  That  it  shall  be  the  duty  of  the  city  authorities,  as 
soon  as  possible  after  the  )rganization  of  the  Board' of  Liquida- 
tion of  the  City  Debt,  to  turn  over  and  transfer  to  the  said  board 
all  the  property  of  the  city  of  New  Orleans,  both  real  and  per- 
sonal, not  dedicated  to  public  use,  and  the  Board  of  Liquidation 
shall  be  and  is  hereby  empowered  and  authorized  to  dispose  of 
said  property  on  such  terms  and  conditions  as  may  be  deemed 
favorable ;  the  proceeds  of  such  sale  or  sales  to  be  deposited  with 
the  flscal  agents  of  the  board  at  credit  of  "City  Debt  Fund.'* 

Sec.  6.  That  nothing  in  this  act  shall  be  construed  as  affect- 
ing or  in  any  manner  impairing  Act  Xo.  31  of  1876,  commonly 
known  as  the  Premium  Bond  Act;  but  it  will  be  the  duty  of  the 
city  authorities  to  turn  over  and  ti*ansfer  to  the  Board  of  Liquida- 
tion of  the  City  Debt  all  moneys  collected  on  account  of  the  tax 
levied  in  accordance  with  the  provisions  of  the  Premium  Bond 
Act;  and  it  shall  be  the  duty  of  the  Board  of  Liquidation  to  ap- 
portion the  proceeds  of  said  tax  and  apply  the  same  pro  rata  and 
in  the  proportion  which  each  form  of  bonded  debt  shall  bear  to 
the  entire  of  the  city's  debt,  and  such  portions  of  the  said  pro- 
ceeds of  tax  as  shall  not  properly  belong  to  the  outstanding 
amount  of  premium  bonds  shall  be  applied  to  the  payment  of  in- 
terest on  the  bonds  created  under  this  act. 

Sec.  7.  That  it  is  heieby  made  a  felony  punishable,  on  con- 
viction, by  a  fine  not  exceeding  five  hundred  dollars  and  imprison- 


224  CITY  DEBT. 

ment  at  hard  labor  not  exceeding  ten  years,  for  the  tiseal  agent 
or  any  member  of  the  Board  of  Liquidation  of  the  City  Debt  to 
divert  or  misappropriate  any  portion  of  the  debt  and  interest  fund 
herein  created  from  its  legitimate  channel  as  provided. 

Sec.  8.  That  the  surplus  arising  from  the  collection  of  the  debt 
and  interest  tax,  or  from  the  sale  of  assets  in  the  hands  of  the 
Board  of  Liquidation  of  the  City  Debt,  after  paying  the  interest 
coupons  of  the  bonds  issued  under  this  act,  shall  be  used  for  the  pur- 
chase and  retirement  of  any  valid  bonds  of  the  city  of  New  Orleans 
heretofore  created,  at  the  rate  not  exceeding  fifty  cents  per  dollar, 
or  at  the  discretion  of  the  board  for  the  retirement  of  the  bonds 
created  under  this  act,  at  a  price  not  exceeding  par;  and  the 
bonds  or  obligations  purchased,  exchanged  or  retired  shall  be 
canceled  and  destroyed  by  the  said  Board  of  Liquidation  after 
public  notice  of  the  same  shall  have  been  given  in  the  official 
journal  of  the  city  of  New  Orleans,  and  in  the  presence  of  such 
witnesses  as  may  desire  to  attend.  A  proces  verbal  of  the  same, 
giving  the  amounts,  numbers,  dates  and  other  particulars  for 
identification  of  the  obligations  destroyed,  shall  be  made  out  and 
sworn  to  by  a  majority  of  the  Board  of  Liquidation,  and  published 
within  ten  days  of  such  destruction  in  the  official  journal  of  the 
city  of  New  Orleans. 

Sec.  9.  That  the  Board  of  Liquidation  is  required  and  em- 
powered to  open,  keep  and  regulate  a  special  book  of  registry  of 
bonds  of  the  Consolidated  Bond  Series  of  1880  as  follows,  to-wit: 
Any  holder  or  owner  of  any  of  the  former  or  old  bonds  of  the  city 
issued  previous  to  the  passage  of  this  act,  upon  surrendering  the 
same  for  cancelment  according  to  the  provisions  of  this  act,  shall 
be  entitled  to  have  the  amount  and  number  of  bonds  due  him 
registered  in  said  book  in  such  manner  and  form  as  the  Board  of 
Liquidation  may  determine  and  prescribe,  whereupon,  instead  of 
giving  to  said  party  a  new  bond  as  contemplated  by  the  preceding 
sections  of  this  act,  the  Board  of  Liquidation  shall  grant  to  such 
party  a  certificate  of  registrj^  in  such  form  as  said  Board  of  Liqui- 
dation may  determine  and  prescribe,  and  said  certificate  to  be 
transferable  in  person  or  by  proxy  on  the  records  of  the  book  of 
the  Board  of  Liquidation,  and  semi-annual  interest  on  the  amount 
of  said  certificates,  instead  of  being  represented  by  interest 
coupons,  shall  be  payable  to  such  party  or  his  order  in  such  form 
and  manner  as  said  Board  of  Liquidation  may  determine  and 
prescribe,  and  the  city  of  New  Orleans  shall  cause  a  sufficient 
number  of  blank  certificates  of  registry  to  be  printed  or  engraved 
in  the  form  and  manner  prescribed,  and  shall  deliver  said  blanks 
to  the  Board  of  Liquidation  to  be  used  agreeably  to  this  section. 

Sec.  10.  That  it  shall  be  the  duty  of  the  Council  of  the  city 
of  New  Orleans  to  provide  a  proper  office  for  the  Board  of  Liqui- 
dation of  the  City  Debt ;  but  the  expenses  of  engraving,  printing 
and  issuing,  the  board  created  under  this  act  and  all  the  necessary 


CITY  DEBT.  225 

clerical  and  office  expenses,  shall  be  paid  out  of  the  funds  ap- 
propriated and  belonging  to  the  payment  of  interest  and  princi- 
pal of  said  bonds ;  provided,  that  no  member  of  the  Board  of 
Liquidation  shall  receive  any  salary  or  emolument  of  any  kind 
for  his  services  therein. 

Sec.  11.  That  the  City  Council  be  and  is  hereby  required  to 
levy  an  annual  tax,  calculated  upon  the  assessments  of  the  pre- 
ceding year,  less  twenty  per  cent.,  sufficient  to  pay  in  full  the 
interest  on  all  the  bonds  issued  under  the  provisions  of  this  act. 
and  any  tax  levied  shall  continue  in  force  until  superseded  by  a 
new  levy  for  the  same  purpose. 


Act  No.  67  of  1884]. 

To  amend  and  re-enact  Sections  2.  3  and  5  of  an  act  entitled 
"■An  act  to  liquidate  the  indebtedness  of  the  city  of  New  Or- 
leans, and  to  apply  its  assets  to  the  satisfaction  thereof;  to 
create  a  Board  of  Liquidation,  and  prescribe  their  duties; 
and  to  provide  for  a  fiscal  agent,  and  for  the  levying  of  a 
sufficient  tax  to  pay  said  interest,"'  approved  April  10,  1880; 
and  to  further  provide  for  the  redemption  of  the  bonds  au- 
thorized herein,  the  payment  of  the  interest  on  the  same, 
when  said  tax  is  not  levied;  and  for  the  disposition  and  sale 
of  said  assets  and  other  property. 

Whereas,  Due  notice  of  the  introduction  of  this  act  has  been 
given,  in  accordance  with  Article  48  of  the  Constitution;  and. 

Whereas,  The  legislation  heretofore.enacted,  under  Article  254 
of  the  Constitution  of  the  State,  providing  for  the  liquidation  of 
the  indebtedness  of  the  city  of  New  Orleans,  has  in  part  proven 
inoperative. 

Sectiok  1.  Be  it  enacted  btj  the  General  Assembly  of  the  State 
of  Louisiana,  That  Section  2,  of  ActNo.  133,  approved  April  10, 
1880,  be  amended  and  re-enacted  so  as  to  read:  That  the  Com- 
missioners of  the  Consolidated  Debt,  or  the  city  officers,  provided 
and  named  in  Section  1  of  this  act,  and  the  syndicate  hereby  cre- 
ated, shall  constitute  a  Board  of  Liquidation  of  the  city  debt,  and 
the  said  board,  shall  have  exclusive  control  and  direction  of  all 
matters  relating  to  the  judgment  and  bonded  debt  of  the  city  of 
New  Orleans.  The  Board  of  Liquidation  shall  cause  to  be  pre- 
pared bonds  of  the  city  of  New  Orleans,  which  bonds  shall  only 
be  used  for  the  purpose  of  negotiation  or  ex.change,  as  herein- 
after provided.  The  said  bonds  shall  be  signed  by  the  Mayor 
and  Treasurer  of  the  city  of  New  Orleans,  and  countersigned  by 
the  Comptroller  of  said  city;  they  shall  be  dated  June  1,  1884, 
and  be  made  payable  in  fifty  years  from  said  date,  or  sooner,  at 
the  option  of  the  city,  and  bear  interest  at  the  rate  of  five  per  cent, 
per  annum  from  the  date  of  said  bonds,  payable  semi-annually 
on  the  first  days  of  June  and  December  of  each  year;  said  inter- 
est to  be  represented  by  one  hundred  coupons  annexed  to  each 
bond.     The   said  bonds   and   interest   coupons  annexed  may  be 


226  CITY  DEBT. 

issued  for  such  sums  as  may  be  deemed  most  convenient  by  the 
Board  of  Liquidation,  and  be  made  payable  at  such  place  or 
places  as  may  be  designated  in  the  bond,  but  the  said  bonds  shall 
b.e  made  payable,  interest  and  principal,  in  lawful  money  of  the 
United  States. 

Sec.  2.  Be  it  further  enacted,  etc..  That  Section  3  of  Act  Xo.  133, 
approved  April  10,  1880,  be  amended  and  re-enacted  so  as  to 
read:  That  the  said  Board  of  Liquidation  of  the  city  debt  be 
and  it  is  hereby  authorized  and  required,  and  it  is  made  the  duty 
of  the  said  board  to  retire  and  cancel  the  entire  debt  of  the  city 
of  New  Orleans  now  in  the  form  of  executory  judgments  and 
registered,  under  the  provisions  of  Act  No,  5  of  1870,  and  that 
which  hereafter  may  become  merged  into  executory  judgments 
and  likewise  registered;  except  the  floating  debt  or  claims  cre- 
ated for  and  against  the  year  1879,  and  subsequent  years;  that 
it  is  the  full  intent  and  meaning  of  this  act  to  apply  solely  the 
privileges  thereof  to  executory  judgments,  at  present  rendered 
against  such  city,  and  to  such  floating  debt  or  claims  against 
said  city  for  1878,  and  previous  years  merged  and  to  be  merged 
into  executory  judgments,  whether  absolute  or  rendered  against 
the  revenues  of  any  particular  year  or  years,  previous  to  the 
year  1879;  that  for  the  purpose  of  retiring  and  canceling  said 
judgment  debt,  the  said  board  is  authorized  and  required  either 
to  sell  the  bonds  to  be  issued  under  this  act  at  not  less  than  their 
par  value  and  apply  the  proceeds  thereof  to  the  payment  of  the 
said  judgments,  as  above  specified,  or  issue  said  bonds  in  ex- 
change for  said  judgments. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  section  five  of  act 
No.  133,  approved  April  10,  1880,  be  amended  and  re-enacted  so 
as  to  read:  That  it  shall  be  the  duty  of  the  city  of  New 
Orleans  to  turn  over  and  transfer  to  the  Board  of  Liquidation, 
immediately  after  the  passage  of  this  act,  all  property  of  the 
city  of  New  Orleans,  real  and  personal,  not  dedicated  to  public 
use;  provided,  that  in  the  sale  of  batture  property,  which  is 
herein  included,  the  right  of  the  city  to  all  future  accretions 
shall  be  reserved,  all  assets  of  said  city  realized,  and  to  be  real- 
ized, except  such  assets  and  revenues  as  pertain  to  the  ad- 
ministration of  said  city,  and  necessary  for  the  support  of  the 
same  as  at  present  authorized,  all  uncollected  revenues  of  said 
city  anterior  to  the  year  1879,  when  collected;  and  the  said 
board,  is  hereby  authorized  and  required  to  dispose  of  said  prop- 
erty and  assets,  other  than  stock  held  in  corporations,  on  such 
terms  and  conditions  as  said  board  may  deem  to  be  to  the  best 
interests  of  the  city,  and  apply  the  proceeds  thereof,  together 
with  the  uncollected  revenues  above  mentioned,  when  the  same 
are  collected:  First,  to  the  payment  of  the  interest  on  the 
bonds  authorized  herein  in  the  event  that  the  tax  authorized  by 
section  eleven  of  said  Act  No.  133,  approved  April  10,  1880,  be 


CITY  DEBT.  227 

/ 
not  levied;  second,  to  the  redemption  and  cancellation  of  the  said 
bonds;  provided,  that  bids  for  the  sale  of  the  same  shall  be  by 
sealed  proposals,  and  that  preference  shall  be  given  to  the  low- 
est bidder;  and  provided  further,  that  no  bids  above  the  par 
value  of  said  bonds  shall  be  accepted. 

Sec.  4.  Be  it  further  enacted,  etc..  That  for  the  further  re- 
demption of  said  bonds  the  said  Board  of  Liquidation  is  hereby 
authorized  and  required,  after  each  and  every  allotment  of  series 
following  the  passage  of  this  act,  to  advertise  for  sealed  pro- 
posals for  the  exchange  of  drawn  premium  bonds  in  possession 
of  the  city  for  the  bonds  authorized  herein  to  the  amount  of  ttfty 
thousand  dollars,  of  said  bonds  issued  under  this  act;  provided, 
that  no  exchange  be  made  unless  preference  be  given  to  the 
lowest  bidder. 

Sec.  5.  Be  it  further  enacted,  etc..  That  nothing  shall  herein  be 
construed  as  in  any  manner  affecting  or  interfering  with  the  dis- 
posal of  property  of  said  city,  created  under  the  provisions  of 
Act  Xo.  33,  approved  March  31,  1877,  otherwise  than  is  provided 
for  in  section  fourteen  of  said  act. 

Sec.  6.  Be  it  farther  enacted,  etc.,  That  all  laws  or  parts  of  laws 
in  conflict  herewith  be  and  the  same  are  hereby  repealed. 

Act  No.  110  of  1890. 

Joint  Besolutions 

Proposing  an  amendment  to  the  Constitution  providing  for  the 
funding  of  the  bonded  debt  of  the  city  of  Xew  Orleans,  other 
than  Premium  Bonds,  into  four  per  cent,  bonds;  providing  a 
special  tax  of  one  per  cent,  to  pay  the  bonded  debt  of  the 
city,  and  exempt  the  said  four  per  cent,  bonds  from  taxation, 
and  further  authorizing  the  said  city  to  assume  and  pay  such 
unpaid  claims  of  the  Board  of  School  Directors  of  said  city 
and  parish  which  it  may  And  to  be  equitably  due  by  said 
board. 

Section  1.  Be  it  resolved  by  the  Senate  and  House  of  Representa- 
tives of  the  State  of  Louisiana,  txvo-thirds  of  all  the  members  elected 
to  each  house  concurring.  That  the  following  amendments  to  the 
Constitution  of  the  State  be  submitted  to  the  electors  of  the  State 
at  the  next  election  for  Representatives  for  the  General  Assembly 
in  the  year  1892,  for  the  purpose  of  retiring  the  now  existing  valid 
outstanding  bonds  of  the  city  of  New  Orleans,  including  the  bond 
certificates  or  bonds  issued  under  the  act  of  the  Legislature  No, 
58  of  1882,  and  to  retire  judgments  now  or  hereafter  rendered 
against  the  city  on  floating  debt  claims  prior  to  1879,  entitled  to  be 
funded  under  Act  No.  67  of  1884,  the  said  city  of  New  Orleans  is- 
hereby  authorized  and  directed,  on  and  after  the  adoption  of  thi& 
amendment,  to  issue  through  the  Board  of  Liquidation  of  the 
City  Debt,  bonds  to  be  known  as  the  Constitutional  Bonds  of  the 
city  of  New  Orleans,  not  exceeding  ten  millions  of  dollars,  at 
fifty  years,  bearing  four  per  cent,  per   annum   interest,  to  bear 


228  CITY  DEBT, 

date  and  be  in  the  form  prescribed  by  the  Legislature.  The  said 
bonds  shall  be  applied  by  the  said  board  to  the  retirement  of  said 
,  outstanding  bonds  and  judgments,  by  the  sale  of  said  Constitu- 
tional Bonds,  and  application  of  the  proceeds  of  sale  by  the 
Board  of  Liquidation  to  pay  or  purchase  said  outstanding  bonds 
and  judgments,  or  by  exchanging  the  said  Constitutional  Bonds  for 
bonds,  on  the  terms  and  in  the  mode  prescribed  by  the  Legislature. 
For  the  payment  of  the  interest  and  principal  at  maturity  of  said 
Constitutional  Bonds  and  other  outstanding  bonds  not  retired 
under  this  amendment,  and  for  the  payment  of  the  annual  allot- 
ments and  premiums  of  the  premium  bonds  of  said  city,  the  said 
city  is  hereby  authorized  and  directed  to  levy  annually  and  until 
the  full  payment  of  said  bonds  a  special  tax  of  1  per  cent,  on 
all  the  real  and  personal  property  of  the  city,  said  tax  to  be 
part  of  and  not  in  addition  to  the  tax  of  20  2-10  mills  on  the 
dollar  of  valuation  now  levied  for  all  purposes  by  the  city  of 
New  Orleans,  and  the  said  tax  shall  be  paid  over  as  collected  to 
and  be  applied  by  the  Board  of  Liquidation  to  the  payment  of 
the  interest  and  principal  at  maturity  of  said-Constitutional  Bonds 
and  outstanding  bonds  not  retired,  and  to  the  payment  of  the 
allotments  of  Premium  Bonds  and  premiums  extant  in  the  hands 
of  holders. 

Said  tax  is  hereby  declared  to  be  the  contract  right  of  the 
holders  of  all  said  bonds ;  and  the  exemption  of  said  Constitu- 
tional Bonds  from  all  taxation  by  the  city  of  New  Orleans  and 
State  of  Louisiana  is  hereby  recognized  and  declared,  and  after 
the  payment  of  all  the  annual  interest  on  said  constitutional 
bonds  and  bonds  not  retired  and  the  payment  of  the  said  annual 
allotments  of  Premium  Bonds  and  premiums  extant  in  the  hands 
of  holders,  and  after  making  provisions  for  a  sinking  fund  at 
such  time  and  of  such  an  amount  as  the  Legislature  prescribes, 
the  surplus  of  said  1  per  cent,  shall  be  disposed  of  as  prescribed 
by  the  Legislature. 

The  act  passed  at  the  present  session,  No.  36,  entitled  "An  act 
to  carry  into  effect  the  constitutional  amendment  passed  at  the 
present  session  relative  to  the  bond  debt  of  the  city  of  New 
Orleans,"  etc.,  be  and  is  hereby  approved  and  confirmed  in  all  its 
parts  as  a  contract  between  the  city  of  New  Orleans  and  the 
holders  of  the  aforesaid  Constitutional  Bonds,  Premium  Bonds 
and  of  the  bonds  outstanding  not  retired  as  aforesaid. 

Sec.  2.  Be  it  further  resolved,  etc.,  That  the  city  of  New  Orleans 
be  and  is  hereby  authorized  and  empowered  to  examine  into  and 
assume  the  payment  of  the  claims  or  obligations  of  the  Board  of 
School  Directors  for  the  city  and  parish  of  Orleans  du«  for  the 
years  1880,  1881,  1882,  1883  and  1884,  now  in  the  hands  of  original 
owners,  who  have  in  nowise  parted  with  their  right  of  owner- 
ship, or  pledged  the  same,  as  may  be  found  to  be  equitably  due 


CITY  DEBT.  229 

by  said  board  for  services  rendered,  labor  performed,  or  materials 
furnished  by  authority  of  said  board. 

Sec.  3.  Be  it  further  resolved,  etc..  That  all  electors  voting  at 
said  election  for  said  amendment  shall  place  upon  their  ballots 
the  words :  *•  For  the  city  of  New  Orleans  debt  amendment,"  and 
all  electors  voting  at  said  election  against  said  amendment  shall 
place  on  their  ballots,  "  Against  the  city  of  Xew  Orleans  debt 
amendment." 

An  Act 

To  carry  into  effect  the  constitutional  amendment  passed  at  the 
present  session  of  the  Legislature,  relative  to  the  bond  debt 
of  the  city  of  New  Orleans,  and  to  authorize  and  direct  the 
said  city  to  issue  through  the  Board  of  Liquidation  of  the  city 
debt  4  per  cent,  bonds  to  be  known  as  the  Constitutional 
Bonds  of  the  city  of  New  Orleans,  payable  fifty  years  from 
date;  and  to  direct  the  retirement  of  the  now  outstanding 
bond  debt  of  said  city.  Premium  Bonds  excepted,  by  the  sale 
of  said  Constitutional  Bonds  and  application  of  proceeds  by 
the  Board  of  Licpiidation  to  the  payment  of  said  outstanding 
bonds.  Premium  Bonds  excepted,  and  to  the  payment  also  of 
certain  judgments  against  the  city  on  floating  debt  claims 
created  prior  to  1879  and  to  authorize  the  purchase  by  said 
board  of  said  outstanding  bonds,  other  than  Premium  Bonds, 
or  the  exchange  thereof  for  said  Constitutional  Bonds,  and  for 
the  payment  of  said  Constitutional  Bonds  and  of  the  aforesaid 
outstanding  bonds  not  retired  under  this  act,  and  for  the  pay- 
ment of  the  annual  allotment  of  Premium  Bonds  and  pre- 
miums; to  direct  the  levy  and  collection  by  the  city  of  the  tax 
of  1  per  cent,  now  levied  for  the  bond  debt,  and  to  direct  the 
payment  to  and  application  by  the  Board  of  Liquidation  of  said 
taxes,  to  the  purposes  aforesaid  for  which  it  is  levied,  and  to 
provide  a  sinking  fund  for  said  Constitutional  Bonds;  and  for 
the  disposition  of  the  surplus  of  said  tax  not  required  for  the 
aforesaid  bond  debt,  and  to  recognize  said  tax  as  the  contract 
right  of  the  holders  of  the  aforesaid  bonds,  and  to  recognize 
also  the  exemption  of  said  Constitutional  Bonds  from  all 
taxation,  and  to  define  the  functions  and  powers  of  said 
Board  of  Liquidation. 

Whereas,  Due  notice  of  intention  to  apply  for  the  passage  of 
this  act  having  been  advertised,  as  required  by  Article  48  of  the 
Constitution. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana.  That,  in  order  to  provide  for  the  retirement  of 
the  outstanding  bond  indebtedness  of  the  city  of  New  Orleans,  and 
such  other  indebtedness  as  under  existing  laws  is  or  becomes 
entitled  to  be  funded  into  any  series  of  bonds,  always  saving  and 
excepting,  however,  the  bonds  known  as  Premium  Bonds,  the  city 
of  New  Orleans  is  authorized,  empowered  and  directed  to  issue 
bonds  to  the  amount  of  ten  million  of  dollars,  nine  thousand 
of  which  bonds  shall  be  for  one  thousand  dollars  each,  and  two 
thousand  of  which  shall  be  for  five  hundred  dollars  each,  to  be 
known  as  the  "  Constitutional  Bonds  of  the  City  of  New  Or- 
leans." dated  July  1,  1892,  payable  fifty  years  after  date,  with  the 


230  .  CITY   DEBT. 

right  to  call  by  lot  not  more  than  seven  hundred  thousand  dol- 
lars per  annum  after  the  year  1925,  bearing  four  per  cent,  per 
annum  interest,  payable  semi-annually  and  represented  by  inter- 
est coupons  attached  thereto. 

Said  bonds  shall  be  numbered,  those  of  one  thousand  from  one 
to  nine  (9)  thousand,  and  those  of  five  ($500)  hundred  each  from 
one  to  two  thousand  (2000),  and  shall  be  signed  by  the  Mayor 
and  Comptroller  of  the  city  of  New  Orleans,  and  delivered  to  the 
Board  of  Liquidation  of  the  City  Debt,  to  be  used  for  the  purposes 
aforesaid  in  accordance  with  the  provisions  of  this  act. 

Each  of  said  bonds  shall,  at  the  time  of  its  issuance  by  the  said 
Board  of  Liquidation  and  not  at  any  time  anterior  thereto,  be 
countersigned  by  the  president  and  seci'etary  of  said  board ;  and 
a  daily  report  shall  be  made  to  the  Mayor  by  said  secretary 
of  the  number  of  the  bonds  so  countersigned  and  delivered, 
and  the  purpose  for  which  they  were  issued. 

These  daily  reports  shall  be  laid  before  the  City  Council  by  the 
Mayor;  and  the  Finance  Committee  of  said  Council  is  required  to 
examine  and  verify  said  reports  at  least  once  a  month,  and  to 
report  the  result  of  their  examination  and  verification  to  the 
Council. 

Sec.  2.  Be  it  further  enacted,  etc..  That  the  Board  of  Liquidation 
is  hereby  authorized  and  empowered  to  sell  and  dispose  of  such 
amounts  of  said  Constitutional  Bonds  as  may  be  deemed  requisite 
for  the  purposes  hereinafter  expressed,  the  sales  of  bonds  to  be 
made  on  sealed  proposals  or  bids  to  purchase  to  be  invited  by 
advertisements  published  at  least  five  times  during  the  period  of 
thirty  days  in  one  or  more  newspapers  in  the  city  of  Xew  Orleans 
and  the  city  of  New  York,  and  no  sale  to  be  made  before  said 
delay  and  advertisement,  the  bonds  to  be  sold  to  the  highest  bid- 
der if  the  bid  is  deemed  acceptable,  but  the  board  is  to  have  the 
right  to  reject  all  bids,  the  bonds  to  be  sold  at  the  highest 
premium  obtainable,  and  no  sale  shall  be  made  at  less  than  par. 

Said  advertisements  shall  provide  that  all  accepted  sales  shall 
be  consummated  by  the  payment  of  the  price  bid,  and  the 
delivery  of  the  bonds  purchased  at  least  three  days  before  the 
date  of  the  maturity  or  of  the  call  date  of  the  bonds  that  are  pro- 
posed to  be  purchased  with  the  funds  derived  from  the  sales; 
where  bonds  are  sold  to  pay  judgments  as  hereinafter  provided, 
the  advertisements  shall  provide  for  the  payment  of  the  price, 
and  the  delivery  of  the  bonds  on  a  fixed  day.  and  all  past  due 
interest  coupons  on  the  bonds  sold  shall  be  cut  off  and  canceled 
before  delivery  to  the  purchasers,  and  provided  no  sale  of  said 
Constitutional  Bonds  shall  be  made  more  than  thirty  days  in 
advance  of  the  period  when  the  funds  are  needed  for  the  payment 
or  purchase  of  bonds. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  all  the  funds  received  by 
said  Board  of  Liquidation  from  the  sale  of  Constitutional  Bonds 


CITY  DEBT.  231 

shall  be  iiinnediately  deposited  with  the  tiscal  agent  of  the  city 
of  New  Orleans,  or  if  the  fiscal  agent  is  not  satisfactory  in  the 
opinion  of  the  board,  with  a  chartered  depository  selected  by  the 
board,  to  the  credit  of  a  special  fund  called  the  "Bond  Sales 
Fund,"  which  said  fund  shall  be  used  solely  and  exclusively  for  the 
purpose  of  retiring  by  payment  all  the  said  now  outstanding  valid 
bonds  of  the  city  of  New  Orleans  matured  or  subject  to  be  called, 
including  the  certificates  or  bonds  issued  under  the  fourth  section 
of  the  Act  No.  58  of  1882,  and  including  judgments  now  or  here- 
after rendered  on  floating  debt  claims  prior  to  1879,  entitled  to  be 
funded  under  Act  No.  67  of  1884,  but  excluding  premium  bonds 
issued  under  the  Act  No.  31  of  1876,  not  to  be  retired  under  this 
act,  and  the  interest  upon  all  said  bonds  subject  to  call  shall 
cease  after  publication  of  the  calls,  as  now  provided  by  existing 
laws;  no  check  shall  be  honored  on  said  fund  unless  accompanied 
by  a  certificate  signed  by  the  president  and  secretary  of  said 
board,  describing  the  bonds  it  is  intended  to  retire,  and  certify- 
ing that  said  bonds  have  been  surrendered  to  said  board  and  can- 
celed, or  describing  the  judgments  to  be  paid  and  annexing  a 
certificate  of  its  satisfaction.  , 

Sec.  4.  Be  it  further  enacted,  etc..  That  after  the  payment  of 
all  aforesaid  outstanding  bonds  subject  to  call  or  matured,  as  pro- 
vided in  section  3  of  this  act,  the  Board  of  Liquidation  with  the 
fund  derived  from  the  sale  of  Constitutional  Bonds  shall  have 
the  power  to  purchase  the  unmatured  outstanding  bonds  of 
the  city,  premium  bonds  always  excepted,  and  to  this  end, 
the  board,  by  advertisement  published  once  a  week  in  one  or 
more  newspapers  in  the  city  of  New  Orleans  and  the  city  of  New 
York  for  the  space  of  thirty  days,  shall  invite  sealed  proposals 
from  the  holders  to  sell  said  outstanding  bonds,  and  the  board  is 
authorized  if  deemed  judicious  to  purchase  said  outstanding 
bonds  at  the  lowest  price  named  in  the  proposals,  but  is  to  be 
under  no  obligation  to  accept,  but  may  in  its  discretion  reject 
any  and  all  proposals;  no  purchase  of  outstanding  bonds  shall 
ever  be  made  without  the  assent  of  the  City  Council,  and  in  case 
of  said  purchase  the  check  for  the  purchase  price  of  the  bonds 
shall  be  accompanied  by  a  certificate  signed  by  the  president  and 
secretary  of  said  board,  describing  the  bonds  purchased  and 
certifying  that  the  bonds  have  been  surrendered  and  canceled,  and 
provided  further  that  no  purchase  of  said  outstanding  bonds  shall 
ever  be  made  at  any  price  higher  than  the  face  of  the  bond  with 
accrued  interest. 

Sec.  5.  Be  it  further  enacted^  etc..  That  after  the  payment  of  all 
the  aforesaid  outstanding  bonds  subjeet  to  call  or  matured,  as 
provided  in  section  3  of  this  act.  the  board  is  hereby  authorized 
and  empowered  to  exchange  for  the  valid  outstanding  bonds  of 
the  city  of  New  Orleans,  save  and  accept  premium  bonds,  such 
an  amount  of  the  Constitutional  Bonds  as  may  be  requisite  for  the 


232  CITY  DEBT. 

purpose  of  said  exchange,  said  exchange  of  the  Constitutional 
Bonds  issued  under  this  act  for  said  bonds  surrendered  in  ex- 
change to  be  made  on  the  terms  and  conditions  as  follows:  The 
board  by  advertisement  inserted  in  one  or  more  newspapers  in 
the  city  of  New  Orleans  and  city  of  New  York,  to  be  published 
three  or  more  times  for  and  during  the  space  of  thirty  days,  shall 
invite  proposals  to  exchange  said  outstanding  bonds  for  the  Consti- 
tutional Bonds  authorized  by  this  act ;  the  board  shall  be  under  no 
obligation  whatever  to  accept  any  bid  or  proposal,  but  in  its  dis- 
cretion is  hereby  authorized  and  empowered  only  if  it  sees  fit  to 
exchange  said  Constitutional  Bonds  at  the  lowest  price  or  rates  of 
exchange  specified  in  the  said  bids  or  proposals  for  said  bonds 
surrendered  in  exchange;  provided,  however,  the  board  shall  use 
its  best  efforts  to  secure  as  high  a  premium  as  possible  for  the 
said  Constitutional  Bonds,  and  in  no  ease  shall  said  Constitutional 
Bonds  be  exchanged  at  any  rate  less  than  the  par  thereof,  and 
provided  further,  that  no  exchange  shall  be  made  for  said  bonds 
surrendered  at  higher  than  their  par  with  accrued  interest,  and 
provided  further,  that  a  proces  verbal  shall  be  prepared  and  put 
on  file  by  the  board  of  the  numbers  and  amounts  of  the  bonds 
surrendered  in  exchange  and  at  the  rate  at  which  they  were  sur- 
rendered, and  of  the  numbers  and  amounts  of  the  Constitutional 
Bonds  issued  in  exchange,  and  the  rate  at  which  they  were  issued? 
stating  also  the  date  of  the  exchange,  and  provided  further,  that  no 
exchange  shall  ever  be  made  without  the  previous  assent  of  the 
City  Council. 

Sec.  6.  Be  it  further  enacted,  etc.,  That  all  bonds  retired 
under  the  provisions  of  this  act  shall  be  immediately  canceled 
by  perforating  the  same  and  the  attached  coupons;  and  such 
canceled  bonds  and  coupons  shall  not  be  destroyed  but  shall  be 
kept  by  said  board  as  vouchers,  and  shall  be  pasted  in  the  bonds 
books,  in  accordance  with  the  system,  and  for  many  years  past 
in  vogue  in  the  conduct  of  the  business  by  said  board. 

The  same  method  shall  be  pursued  with  reference  to  all 
bonds  and  coupons  retired  with  the  sinking  fund  herein  pro- 
vided, and  all  coupons  paid  year  by  year. 

Sec.  7.  Be  it  ftirther  enacted,  etc..  That  in  order  to  provide 
for  the  payment  of  the  principal  and  interest  of  the  Constitu- 
tional Bonds,  herein  authorized  to  be  issued,  and  of  all  other  out- 
standing valid  bonds  of  the  city  of  Xew  Orleans,  it  shall  be  the 
duty  of  the  Council  and  proper  ofticers  of  the  city  of  New  Orleans 
to  levy,  for  the  year  1892,  and  annually  thereafter,  until  the 
.  principal  and  interest  of  the  bonds,  hereinjprovided  to  be  issued, 
are  fully  paid,  a  special  ad  valorem  tax  of  one  per  cent,  upon 
all  the  taxable  property,  real,  personal  and  mixed,  in  the  city  of 
New  Orleans;  said  special  tax  to  be  a  part  of  and  not  in  addition 
to  the  tax  of  twenty  mills  and  two-tenths  of  a  mill  on  the  dollar 
of  valuation  now  levied  for  all  purposes  by  the  city  of  New  Or- 


CITY  DEBT.  233 

leans.  The  proceeds  of  said  special  tax  shall  be  paid  over  to  the 
fiscal  agent  or  depository  of  the  Board  of  Liquidation,  to  the 
credit  of  said  board,  day  by  day,  as  the  same  is  collected  by  the 
proper  officials  of  said  city ;  and  neither  the  said  city,  nor  any  of 
its  officers,  shall  have  the  custody,  control,  disposition  or 
expenditure  of  said  tax.  or  any  part  thereof,  except  as 
herein  provided.  In  case  the  said  city,  at  any  time,  shall 
fail  for  neglect  to  levy  and  collect  said  special  tax,  or  in 
case  the  municipal  government  of  the  city  should  be  abol- 
ished, or  in  case  present  territory  of  the  city  of  New 
Orleans  should  be  transferred  to  other  municipal  corpo- 
rations, and  no  proper  and  efficient  provision  is  made  by 
law  to  compel  those  municipal  governments  to  levy  and 
collect  said  special  annual  tax  of  one  per  cent.;  or,  in  case 
said  municipal  corporations  i-efuse  or  neglect  to  exercise  to 
this  end  a  proper  and  efficient  taxing  power  bestowed  upon 
them,  then,  in  any  of  these  events,  the  said  Board  of  Liqui- 
dation shall  itself,  by  proper  resolution,  have  power  to 
levy  said  tax  and  to  collect  the  same:  and  in  said  levy  and  col- 
lection to  use  any  and  all  the  machinery,  rights,  powers  and 
authority  established  by  the  State  for  the  levy  and  collection  of 
the  State  taxes ;  and  in  case  it  should  become  necessary  under 
the  above  mentioned  or  similar  circumstances,  for  the  said  Board 
of  Liquidation  to  levy  and  collect  said  tax,  and  said  board  should 
refuse  or  neglect  to  do  so,  any  court  of  competent  jurisdiction 
shall,  on  application  of  any  bondholder,  have  power  to  decree 
the  levy  of  said  special  tax  throughout  the  said  territory  and  to 
have  the  same  collected  by  the  sheriff  or  executive  officer  of  the 
court,  and  the  proceeds  applied  to  the  payment  of  the  interest 
and  principal  of  said  bonds,  [n  case  any  such  decree  is  entered, 
the  sheriff  or  executive  officer  of  the  court  shall  have  all  the 
powers,  rights  and  authority  granted  by  law  by  the  State  to  her 
own  tax  collectors. 

Sec.  8.  Be  it  further  enacted,  etc..  That  out  of  the  proceeds  of 
said  one  per  cent,  per  annum  tax,  beginning  in  the  year  1892,  the 
said  Board  of  Liquidation  shall  annually  provide  for  the  carrying 
of  the  premium  bond  plan,  the  payment  of  the  interest  upon  the 
bonds  herein  authorized  to  be  issued  and  of  the  interest  upon  all 
other  outstanding  interest-bearing  boAds  of  the  city  of  New  Or- 
leans, and  after  the  year  1925,  for  the  annual  sinking  fund  nec- 
essary to  call  and  retire  the  number  of  .bonds  provided  for  ip  sec- 
tion 9  of  this  act.  After  making  in  each  year  the  provisions 
above  required,  and  after  deducting  the  expenses  incurred  by 
said  board,  and  after  paying  any  deficiency  in  the  interest  fund 
of  any  previous  years,  one-half  of  the  surplus  of  said  tax  shall 
be  passed  to  the  credit  of  a  special  fund  to  be  known  as  the 
"Permanent  Public  Improvement  Fund,"  to  be  disposed  of  as 
hereinafter  provided;  the  other  half  of  said  surplus  shall  be  paid 


234  CITY  DEBT. 

over  to  the  School  Board  of  the  city  of  New  Orleans,  in  addition 
to  any  fund  appropriated  by  said  city  out  of  other  funds  to  be 
used  in  the  maintenance  and  support  of  the  public  schools  in  said 
city. 

Sec.  9.  Be  it  fuither  enacted,  etc..  That,  commencing  with  the 
year  1926,  tive  hundred  thousand  dollars  of  Constitutional  Bonds 
shall  be  annually  called  and  retired  by  said  board  in  the  manner 
herein  provided,  with  funds  derived  from  the  proceeds  of  said 
tax  of  one  per  cent. ;  and  commencing  with  the  year  1937,  seven 
hundred  thousand  dollars  of  said  Constitutional  Bonds  shall  be 
annually  called  and  retired,  in  the  manner  herein  provided,  with 
said  funds.  In  order  to  determine  each  year  what  bonds  shall  be 
called  and  retired,  the  number  of  all  outstanding  bonds  shall  be 
placed  in  a  wheel  on  the  first  Monday  of  July  in  each  year,  com- 
mencing with  the  year  1926,  and  five  hundred  numbers,  or  seven 
hundred  numbers,  as  the  case  may  be,  shall  be  drawn  out,  two 
numbers  of  the  five  hundred  dollar  bonds  counting  as  one.  The 
numbers  of  the  bonds  so  drawn  shall  be  published  in  New  York 
and  New  Orleans  for  thirty  days,  together  with  a  notice  that  said 
bonds  must  be  presented  for  payment  on  the  ensuing  first  of  Jan- 
uary ;  and  that  after  that  date  all  interest  will  stop  on  said  bonds. 
All  bonds  so  paid  shall  be  canceled  as  soon  as  delivered  to  said 
board  in  the  manner  specified  in  section  6  of  this  act,  and  detailed 
report  thereof  made  by  the  Secretary  of  the  board  to  the  Mayor, 
who  shall  lay  the  same  before  the  Council  for  examination  and 
verification  by  the  Finance  Committee  thereof. 

Sec.  10.  Beit  further  enacted,  etc.,  That  the  "Permanent  Public 
Improvement  Fund."  above  provided  for,  shall  be  used  exclusively 
for  the  construction  of  permanent  public  improvements  in  the  city 
of  New  Orleans,  such  as  levees,  canals,  drainage  stations,  pave- 
ments, public  buildings,  public  parks  and  bridges,  and  all  or- 
dinances passed  by  the  City  Council  to  be  paid  out  of  this  fund 
shall  first  be  approved  by  the  said  Board  of  Liquidation,  who 
shall  not  draw  any  check  on  said  fund  unless  they  are  convinced, 
upon  proper  inquiry,  that  said  ordinance  covers  the  construction 
of  a  permanent  public  improvement,  within  the  purview  of  this  act. 
The  true  interest  and  meaning  of  this  clause  is  not  to  give  said 
board  any  authority  to  say  to  what  permanent  public  improve- 
ment any  fund  shall  be  applied,  but  only  to  see  that  said  funds 
shall  be  applied  exclusively  to  the  construction  of  improvements 
that  are  permanent. 

Sec.  11.  Be  it  further  enacted,  etc.,  That  the  Board  of  Liquida- 
tion of  the  City  Debt,  established  by  Act  No.  133  of  the  Acts  of 
1880,  as  now  constituted,  is  hereby  created  a  body  corporate, 
with  right  of  existence  and  succession  until  January  1,  1943,  with 
power  to  sue  and  be  sued,  to  have  a  corporate  seal,  to  make  rea- 
sonable rules  and  regulations  for  the  conduct  of  its  business,  and 
to  employ  counsel  and  a  reasonable  clerical  force.    None   of 


CITY  DEBT.  235 

its  members  shall  receive  any  compensation  for  his  services. 
One  of  its  members  shall  be  elected  president,  and  another  vice 
president,  who  shall  act  in  the  absence  or  disability  of  the 
president.  They  shall  select  a  secretary  (not  a  member  of  the 
board),  who  shall  give  bond  for  the  faithful  performance  of  his 
duties  in  the  sum  of  twenty  thousand  ($20,000)  dollars,  and  this 
bond  shall  be  renewed  every  three  years.  He  shall  receive  a 
salary  to  be  fixed  by  the  board,  not  to  exceed  thirty -five  hundred 
($3500)  dollars  per  annum,  and  shall  hold  his  office  at  the 
pleasure  of  the  board.  Their  funds  shall  be  deposited  with  the 
fiscal  agent  of  the  city  of  New  Orleans,  or  with  some  chartered 
bank  in  the  city  of  New  Orleans  selected  by  the  board.  The 
.city  of  New  Orleans  shall  provide,  in  the  city  hall  or  elsewhere, 
proper  offices  and  quarters  for  said  board  and  its  officers,  books, 
records  and  archives.  The  clerical  office  expenses,  counsel  fees 
and  the  cost  of  all  printing  and  engraving  bonds  under  this  act 
shall  be  paid  from  said  tax  fund.  On  the  first  of  January  and 
July  of  each  year  said  board  shall  make  in  printed  form  to  the 
City  Council  a  detailed  report  of  all  its  receipts  and  all  its  ex- 
penditures, and  of  its  transactions  and  doings  under  the  pro- 
visions of  this  act,  with  the  names  of  all  its  employees  and  the 
amount  of  compensation  paid  to  each.  Nothing  in  this  act  con- 
tained shall  be  construed  to  affect  or  change  in  any  manner  the 
duties,  powers  and  functions  of  the  Board  of  Liquidation  under 
existing  laws  not  inconsistent  with  this  act,  or  the  rights  of  said 
iboard  to  the  assets  and  property  of  the  city  not  dedicated  to  public 
use,  including  the  uncollected  taxes  prior  to  1879;  but  said  duties, 
functions,  rights  and  powers  are  maintained  and  confirmed  in 
full  force. 

Sec.  12.  Beit  further  enacted,  etc.  ^  That  any  member  of  said 
Board  of  Liquidation  who  removes  his  domicile  from  the  city  of 
New  Orleans,  or  who  is  convicted  of  any  crime  against  the  State, 
•or  who  U  declared  insolvent  or  bankrupt,  or  who  becomes  inca- 
pacitated to  perform  his  duties,  shall  forfeit  his  membership,  and 
it  shall  be  the  duty  of  said  board  to  declare  his  membership  va- 
cant, and  to  elect  his  successor.  Any  member  may  be  removed 
by  a  two-third  vote  of  the  whole  board,  for  misfeasance,  mal- 
feasance in  office,  or  for  neglect  of  his  duties  as  a  member;  or  he 
may  be  removed  on  similar  grounds  by  any  court  of  competent 
jurisdiction  at  the  suit  of  any  bondholder  or  ten  taxpayers. 

Sec.  13.  Be  it  further  enacted,  etc..  That  in  case  all,  or  the  ma- 
jority of  the  members  of  said  board,  should,  for  any  reason  be- 
come vacant,  so  as  to  prevent  a  quorum  of  said  board,  any  court 
of  competent  jurisdiction  shall  have  power  and  authority,  on  the 
application  of  holders  of  at  least  ten  thousand  dollars  ($10,000) 
of  said  Constitutional  Bonds,  to  be  had  contradictorily  with  the 
city  of  New  Orleans  and  the  surviving  members  of  the  board,  if 
any  there  be,  to  fill  enough  of  said  vacancies  to  constitute  a  quo- 


236  CITY   DEBT. 

rum,  and  the  quorum  so  obtained  shall  fill  the  remainder  of  the 
vacancies. 

Sec.  14,  Beit  further  emifted,  etc.,  That  said  board  shall  have 
power,  with  the  concurrence  of  the  City  Council,  to  make  and 
publish  reasonable  and  proper  rules  for  the  registry  of  the  bonds 
to  be  issued  under  this  act. 

Sec.  15.  Be  it  further  enacted,  etc..  That  said  Constitutional 
Bonds  shall  be  exempt  from  all  taxation,  State,  parish  and  muni- 
cipal. 

Sec.  16.  Be  it  further  enacted,  etc.,  That  all  of  the  substantial 
provisions  of  this  act  are  hereby  declared  to  be  a  contract  be- 
tween the  State  of  Louisiana,  the  city  of  New  Orleans,  the  tax- 
payers of  said  city  and  each  and  every  holder  of  said  Constitu- 
tional Bonds, 

Sec.  17.  Be  it  further  enacted,  etc..  That  the  Board  of  Liquida- 
tion shall  immediately  cease  extfending  outstanding  bonds  under 
the  act  Xo.  58  of  1882. 

Sec.  18.  Be  it  further  enacted,  etc.,  That  nothing  in  this  act  con- 
tained shall  be  construed  to  affect  or  disturb,  in  any  manner,  the 
existing  right  to  the  tax  now  levied  for  premium  bonds  and  for 
said  outstanding  bonds,  not  retired,  said  tax  being  preserved  in 
full  force,  and  the  payment  of  the  allotments  of  premium  bonds 
and  premiums  extant  in  the  hands  of  holders,  and  of  the  inter- 
est and  principal  at  maturity  of  all  outstanding  bonds  that  may 
be  retired  under  this  act,  shall  continue  as  now  directed  under 
existing  laws ;  said  tax  of  1  per  cent,  being  levied  for  premium 
bonds  and  outstanding  bonds,  not  retired,  as  well  as  for  the 
aforesaid  Constitutional  Bonds  substituted  for  the  outstanding 
bonds  paid,  purchased  or  retired  by  exchangers  under  this  act. 

Sec.  19.  Be  it  further  enacted,  etc.,  That  the  general  provisions 
of  this  act  shall  not  take  effect  until  the  adoption  of  the  afore- 
said constitutional  amendment;  provided,  however,  that  portion 
of  the  act  prohibiting  the  further  extension  of  bonds  under  the 
act  No.  58  of  1882  shall  go  into  effect  immediately,  and  all  law 
or  parts  of  laws  contrary  to  or  inconsistent  herewith  be  and  the 
same  are  hereby  repealed. 


CITY  EMPLOYEES— See  Employees. 


CITY  HALL  PORTER— See  Porters. 


CITY  LIBRARIAN— See  Library. 


CITY  LAWS— See  Ordinances. 


COMMON  COUNCIL.  237 

CITY  PHYSICIAN— See  Physicians. 


CITY  PARKS— See  Parks. 


COCK-PITS— See  Amusements. 


COFFEE-HOUSES— See  Barrooms  and  Restaurants. 


COMMISSIONERS    OF    FINK   ESTATE— See  Alms- 
houses, Etc. 


COMMISSIONERS      McDONOGH     ESTATE    —    See 
Almshouses,  Trust  Funds,  Etc. 


COMMISSIONERS'  JURY— See  Jury  Commissioners. 


COMMON  COUNCIL. 

THE    COUNCIL. 

See  Sections  3,  4,  5,  6,  7,  8,  9,  10,  11,  29,  30,  31,  37,  38,  40,  41, 
43,  52,  63,  64,  65  of  the  City  Charter. 

Art.  470.  The  Council  shall  not,  under  any  pretext  Limit  of  ex- 
whatever,  appropriate  any  funds  for  the  government  of  p^"'*'^"''^' 
the  corporation  to  the  full  extent  of  the  revenues,  but 
shall  reserve  twenty  per  cent,  of  said  revenues,  which 
reserve  and  all  sums,  rights,  interests  and  credits  re- 
ceived from  miscellaneous  or  contingent  sources,  shall 
be  appropriated  by  the  Council  for  the  purposes  of  per- 
manent public  improvement,  as  herein  provided  for. 

Decisions. 

Qualifications  of  members:  14  An.  243;  7  U.  S.  1;  2  An.  527;  14 
An.  330;  32  An.  101;  34  An.  128;  C.  C.  240,  429,  430. 

Powers:  2  An.  611;  3  An.  294;  36  An.  938:  41  An.  156,  522, 
910. 

Impeachment:  4  An.  419;  35  An.  1075. 

Liability:  36  An.  56;  41  An.  156. 

Ultra  Vires :  41  An.  75 ;  42  An.  605. 


238  COMBUSTIBLES  AND   EXPLOSIVES. 

COMBUSTIBLES  AND  EXPLOSIVES. 

PETROLEUM. 

Storage    and     ARTICLE  471.  (1)  That  it  shall  be  unlawful  for  any 
A.  s.  7399-      person  to  store  or  have  stored,  within  the  corporate  limits 
A. "s.  7461*.      of    the    city    of    New  Orleans,    outside   of  the   limits 
hereinafter  designated,  any  benzine,  naphtha  or  other  in- 
flammable  oils    under  the   United    States   government 
standard  of  110  degrees  burning  test. 
Amended  by     Art.  472.  (2)  That,  cxccpt  as  is  provided  in  the  above 
^  '■  section,  all  benzine,  naphtha  and  other  inflammable  oils 

under  a  burning  test  of  110  degrees,  shall  be  stored  only 
in  the  district  bounded  by  Melpomeae,  Claiborne,  Napo- 
leon avenue  and  Galvez  streets. 
Quantity.  Art.  473.  (3)  That  it  shall  bc  unlawful  for  any  person 

Oct.,"  i'^.'  to  have  stored  within  the  corporate  limits  of  the  city  of 
New  Orleans,  outside  of  the  limits  heretofore  designated, 
any  coal  oil  of  a  burning  test  of  110  degrees,  or  a  burn- 
ing test  greater  than  110  degrees,  in  quantities  exceed- 
ing (5)  five  barrels,  or  its  equivalent,  in  any  one  build- 
ing, and  the  said  five  (5)  barrels  or  its  equivalent,  herein 
allowed  to  be  stored  in  any  one  building,  shall  be  in  me- 
tallic-bound packages  or  metallic  cans,  otherwise  the 
party  so  storing  shall  be  considered  in  contravention  of 
this  ordinance,  and  liable  to  penalties  herein  imposed. 
Enforcement  Art.  474.  (4)  That  it  shall  be  the  duty  of  the  Ad- 
**' '"^^'"^""ib.  ministrator  of  Police,  as  well  as  of  all  the  ofiicers  and 
members  of  the  Crescent  City  Police,  to  see  that  the 
provisions  of  this  ordinance  are  rigidly  enforced,  and  to 
that  end  it  is  hereby  made  the  duty  of  any  police  officer 
to  make  affidavit  of  the  fact  before  the  proper  Recorder, 
whose  duty  it  shall  thereupon  be  to  issue  a  search  war- 
rant and  to  have  the  suspected  premises  inspected  and 
examined. 
Penalty.  Art.  475.  (5)  That  any  person  violating  any  of  the 

^''■provisions  of  this  ordinance  shall,  on  conviction  before 
the  proper  Recorder,  be  fined  the  sum  of  twenty-five 
dollars  and  imprisoned  not  less  than  five  nor  more  than 
thirty  da;5^s,  at  the  discretion  of  the  judge. 


COMBUSTIBLES  AND   EXPLOSIVES.  239 

Art.  476.  (6)  That  the  provisions  of  this  ordinance  scope  of  ordi- 
shall  extend  to  any  person  who  orders  or  permits  a  °*"*^^'  i^. 
storage  of  the  prohibited  oils  within  the  prohibited 
limits,  whether  that  person  be  owner,  pledgee  or  con- 
signee of  the  same,  or  the  agent  of  the  owner,  pledgee 
or  consignee,  or  whether  he  be  the  owner  or  lessee, 
or  the  agent  of  the  owner  or  lessee  of  the  building 
where  the  same  is  stored. 

Art.  477.  (7)  That  the  storage  of  oils  on  the  wharves,  interpretation, 
the  streets  or  the  sidewalks  shall  be  construed  to  be  a 
storing   within   the   prohibitions  and   penalties  of  this 
ordinance. 

Art.  478.  (8)  That  whenever  any  such  oil  is  found  Removal, 
stored  in  contravention  of  this  ordinance  it  shall  be  the 
duty  of  the  officer  to  whom  a  knowledge  of  the  fact 
comes  to  notify  the  responsible  person  to  remove  the 
same  within  six  hours  from  the  notice,  and  in  case  the 
said  removal  is  not  made  within  the  time  limited  it 
shall  be  the  duty  of  the  Chief  of  Police  to  have  the 
same  removed  at  the  expense  of  the  responsible  person . 
The  failure  and  neglect  of  the  responsible  person  to  re- 
move within  the  time  given  the  oil  so  stored  in  contra- 
vention of  this  ordinance  shall  constitute  an  additional 
and  separate  offence  from  that  of  storing  the  same,  and 
shall  be  punished  by  a  fine  of  not  less  than  five  nor 
more  than  twenty-five  dollars,  or  by  imprisonment  for 
not  less  than  five  nor  more  than  thirty  days,  or  both,  at 
the  discretion  of  the  court. 

GUNPOWDER. 

Art.  479.  (1)  It  shall  not  be  lawful  for  any  person  License  to  sen. 
to  keep  any  gunpowder,  or  offer  for  sale  any  gunpowder,  pe^"  ?8s6.' 
without  having  previously  obtained  a  license  for  that 
purpose.  The  Mayor  shall  grant  licenses  to  vendors  of 
gunpowder  to  sell  by  retail,  who  shall  be  permitted  to 
have  on  hand  no  greater  quantity  than  thirty  pounds  at 
any  one  time,  said  powder  to  be  kept  in  a  suitable  tin  or 
copper  canister,  to  be  labeled  "  Powder,"  in  large  let- 
ters, and  the  said  canister  must  be  kept  on  a  shelf  in  sight, 
and  within  ten  feet  of  the  main  entrance  of  the  store. 
For  this  license  ten  dollars  annually  shall  be  paid. 


240  COMBUSTIBLES   AND   EXPLOSIVES. 

Wholesale     Art.  480.     (2)     The   Mayor  shall  grant  licenses  to 

A.'s?'4'48.     vendors  of  gunpowder  by  wholesale,  who  may  keep  on 

Ame'n^i^inghand  One  hundred  pounds,  and  no  more,  at  any  one  time, 

■  ^''^'        and  who  shall  not  be  authorized  to  sell  any  quantity  less 

than   a  package;  provided,    that  all   wholesale  dealers 

shall   keep  their  powder  in  kegs  or  canisters,  carefully 

packed  in  chests  made  of  copper  or  of  wood,  lined  inside 

and   out  with  tin  or  zinc,  riveted,  and  with  handles,  and 

labeled  '^  Powder"  in  large  letters,  to  be  placed  on  the 

ground  floor,  within  ten  feet  of  the  njain  entrance.    For 

this  license  wholesale  dealers  must  pay  annually  twenty 

dollars. 

Proviso.  ^^      Art.  481.     (3)     Dealers  in  powder  shall  have  a  sign 

in  large  letters,  containing  the  words  "  Licensed  to  sell 

powder"    placed  over  the  main   entrance,  or  on   either 

side  of  the  entrance,  in  some  conspicuous  place. 

Vessels  for     Art.  482.     (4)     All  boats  employed  in  the  convey- 

powder!  ^ ' "  ^ance   of  gunpowder  shall   display  at  the  stern  or  bow   a 

■  red  flag  while  there  remains  powder  on  the  boat,  and  all 
powder  so  conveyed  shall  be  carefully  covered.  Steam- 
boats or  other  vessels  receiving  powder  at  this  city  in 
quantities  exceeding  fifty  pounds  shall  not  be  permitted 
to  remain  at  any  wharf  for  a  period  exceeding  four  hours 
after  the  receipt  of  over  fifty  pounds,  nor  after  sunset. 
No  steamboat  or  other  vessel  containing  powder  for  de- 
livery in  this  city  shall  be  permitted  to  touch  or  make 
fast  to  any  of  the  wharves,  unless  such  boat  be  decked 
so  as  to  cover  the  powder,  nor  if  the  quantity  on  board 
exceeds  twelve  kegs,  of  twenty-five  pounds  each  5  and  the 
Board  of  Harbormasters  shall  designate  in  each  district 
the  place  of  landing  powder.  It  shall  be  the  duty  of  all 
dealers  in  powder  to  deliver  to  the  captains,  or  other 
oflicers  of  steamboats  or  other  vessels  receiving  powder, 
a  copy  of  this  ordinance  with  each  shipment. 

Packing.  Art.  483.  (5)  No  person  shall  be  allowed  to  pack  up 

■  powder  for  shipment. 

Con Tcyance     Art.  484.  (  6 )  Powdcr  couvcycd  through  the  city  must 
through  c.ty^.^  |^^  placcd  in  a  safely-covered  chest,  and  no  dray  or  cart 
or  other  vehicle  shall  carry  at  any  one  time  more  than 
one  hundred  pounds. 


COMBUSTIBLES   AND   EXPLOSIVES. 


241 


Art.  485.  (7)  It  shall  be  the  duty  of  the  Mayor  to 
publish  once  every  year  the  ordinances  of  the  Common 
Council  and  acts  of  the  Legislature  relative  to  the  sub- 
ject of  gunpowder,  and  the  Harbormasters  shall  dis- 
tribute the  same  among  the  officers  of  steamboats,  ships 
and  other  vessels. 

Art.  486.  (1)  That  no  railroad  company  or  person 
shall  transport  gunpowder  in  cars  through  any  portion 
of  the  city  of  New  Orleans  in  any  quantity  exceeding 
one  hundred  pounds,  unless  the  same  is  placed  in  safely- 
covered  chests. 

Art.  487.  (2)  That  gunpowder  may  be  delivered  to 
railroad  cars,  or  received  from  them  in  carts,  drays  or 
other  vehicles  as  provided,  or  by  boat,  in  the  same  man- 
ner as  delivered  to  or  received  from  sea-going  vessels 
and  steamboats. 

Art.  488.  (3)  Any  person  violating  any  provision  of 
this  ordinance  shall  be  fined  not  less  than  fifty  dollars, 
nor  more  than  one  hundred  dollars. 

Art.  489.  That  permission  be  and  is  hereby  granted  to 
proprietors  of  powder  magazines  to  transfer  gunpowder 
from  their  magazines  to  the  river  bank  for  shipment  in 
quantities  of  one  thousand  pounds  or  less ;  provided,  that 
said  powder  so  transported  be  carefully  packed  in  fire- 
proof chests,  made  of  copper  or  of  wood,  lined  inside 
and  out  with  tin  or  zinc,  riveted,  and  with  strong  han- 
dles, and  labeled  "Powder"  in  large  and  conspicuous 
letters. 

Art.  490.  That  the  boats  engaged  in  delivering  pow- 
der from  the  magazines  to  the  various  railroads  and 
steamboats  in  the  city  of  New  Orleans  be  allowed  to  lay 
at  the  wharf  or  landing  designated  by  the  Board  of 
Harbormasters,  between  the  hours  of  10  a.  m.  and  4  p. 
M.,  each  day  in  the  week;  provided,  that  at  no  time  said 
boats  be  permitted  to  have  or  carry  on  board  more  than 
three  hundred  pounds  of  powder. 


Duty  of  Mayor, 
lb. 


Transportation 
in  cars. 
A.  S.  1.^45. 
Jan.,  1872. 
Delivery. 

lb. 


Delivery. 


Penalty. 


Transfer. 
A.  8.4905. 
Feb.,  1879. 


Hours  for  the 
delivery. 
A.  S.  6610. 
Sept.,  1880. 


POWDER  MAGAZINE. 


Art.  491.  (9)  The  powder  magazine  shall  be  opened    Hours. 
at  sunrise  and  closed  at  sunset,  except  when  in  cases  of    Dea,^i3?6. 


powder, 


242  COMBUSTIBLES  AND   EXPLOSIVES. 

emergency  the  Mayor  may  deem  it  necessary  to  give  other 
directions. 

Regniations.  Abt.  492.  (10)  No  pcrson  shall  be  permitted  to  enter 
the  powder  magazine  for  the  purpose  of  depositing 
therein  or  receiving  therefrom  gunpowder,  except  the 
owner  of  such  powder  or  his  duly  authorized  agents. 
All  persons  entering  the  powder  magazine  shall  be 
obliged  to  use  such  precaution  as  the  superintendent  of 
such  magazine  may  require. 

Delivery  of  Art.  493.  (11)  The  Superintendent  of  said  magazine 
lb,  shall  deliver  no  powder  except  at  the  written  request  of 
the  owner  or  his  duly  authorized  agent,  and  such  de- 
livery shall  be  made  on  the  levee.  All  powder  intended 
for  the  powder  magazine  shall  be  landed  on  the  levee  in 
front  of  the  wharf  of  the  magazine. 

Charges.  Art.  494.  (12)  The  superintendent  shall  be  entitled  to 

"  charge  the  sum  of  three  cents  for  each  and  every  twenty- 
five  pounds  of  powder  received  and  delivered  by  him. 
The  charge  for  storage  in  the  magazine  shall  be  at  the 
rate  of  forty  cents  for  each  hundred  pounds,  for  every 
calendar  month,  and  the  same  for  all  fractions  of 
months,  except  for  powder  received  for  reshipment  in 
lots  of  not  less  than  one  hundred  kegs,  which  shall  be 
subject  to  a  charge  of  twenty-five  cents  for  each  hun- 
dred pounds;  provided,  it  is  taken  out  within  fifteen 
days,  and  in  the  same  lots  as  received ;  storage  payable 
monthly. 

Exceptions.       Art.  495.  (13)  All  powdcr  belonging  to  the  Wash- 

*  ington  Artillery  and  the  Orleans  Battalion  of  Artillery 
shall  be  stored  in  the  powder  magazine,  free  of  all 
charges  whatsoever. 

Penally.  Art.  496.  (14)  Evcry  person  violating  any  provisions 

*  of  this  ordinance  shall  be  fined  not  less  than  fifty  nor 
more  than  one  hundred  dollars. 

Permit  to  c.  Art.  497.  That  C.  B.  Penrose,  agent  Sycamore 
A  s.  7145.  Powder  Company,  be  and  is  hereby  authorized  to  erect 
a  building  to  be  used  as  a  powder-house,  in  the  square 
bounded  by  Cambronne,  Jefferson,  Marks  and  New 
Canal  shell  road ;  said  house  to  be  built  of  brick,  12  feet 
by  18  feet,  8  feet  walls  above  the  floor  and  ceiled  with 


lb. 


COMBUSTIBLES  AND   EXPLOSIVES.  243 

wood  around  the  walls  inside,  with  tin  roof,  plated 
doors,  etc.,  and  fence  7  to  8  feet  high  immediately 
around  the  building. 

Said    ordinance    revocable    at    the    pleasure   of   the 
Council. 

TORPEDOES. 

Art.  4^8.  That  from  and  after  the  passage  of  this.    Prohibiting 
ordinance  it  shall  not  be  lawful  for  any  person  to  land    a.  s.  i.vs- 
or  discharge,  or  cause  to  be  landed  or  discharged,    at     *"' '  ^** 
any  of  the  wharves  of  the  city  of  New   Orleans,  or  to 
bring  or  cause  to  be   brought  or  introduced  within  the 
corporate   limits  of  the  city  of  New  Orleans,  torpedoes 
or  toys  for  children,  or  other  articles  filled  with  combus- 
tible or  explosive   material,  and  any  person  guilty  of  a 
violation  of  this  ordinance  or  any  of  its  provisions  shall    Penalty, 
be   subject  to  the  payment  of  a  fine  not  to  exceed  one 
hundred  dollars  for  each  and  every  contravention  there- 
of or  to  imprisoment  for  a  period   not  to   exceed   one 
month. 

COMBUSTIBLES. 

Art.  499.  (2)  It  shall  not  be  lawful  to  burn  any  shavings,  bon- 
shavings   or   other   combustible   matter  in   any  stieet,    o*!"!3i73. 
square  or  public   place,  nor  openly  in  any  yard  or  lot    ^^'^"  '^^^' 
near  any  inhabited  place ;  and  it  shall   be   the  duty  of 
all  persons  engaged  in  any  trade  by  which  shavings  are 
made,  at  the  close  of  each  day,  on  leaving  off  work,  to 
cause  the  place  to  be  swept  and  the  shavings  to  be  carefully 
removed  to  some  safe   position.     All   persons  violating 
the  provisions  of  this  section  shall  be  fined  not  less  than 
five  nor  more  than  twenty-five  dollars. 

Art.  500.  (3)  No  owner  or  occupant  of  any  stable  stabiee  and 
or  dairy,  or  other  persons,  shall  use,  in  any  stable  or  **"^**  ib. 
place  containing  hay,  straw  or  combustible  matter,  any 
lighted  candle  or  other  light,  unless  the  same  be  securely 
kept  in  a  lantern ;  nor  shall  any  person  keep  any  cot- 
ton, tay,  straw,  hemp,  pitch,  tar,  rosin  or  turpentine 
in  any  warehouse,  stable  or  other  building  not  built  of 
stone  or  brick,  and  covered  with  slate  or  tile  or  other 
incombustible  material ;  nor  shall  any  person  keep  any 


244  COMMISSIONERS. 

cotton,  hay  or  straw  uncovered,  stack  or  pile ;  provided, 
any  person  may  keep  for  domestic  use  hay  and  straw  in 
wooden  buildings.  All  persons  violating  the  provisions 
of  this  section  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars,  and  not  less  than  five  dol- 
lars for  every  day  the  violation  shall  continue,  after 
notice  from  the  Mayor  or  Street  Commissioner. 
Pitch,  tar  and     Art,  501.  (4)  It  shall  uot  bc  lawful  for  any  person 

turpentine.  ^     '  ''    ^ 

lb.  to  boil  any  pitch,  tar,  rosin  or  turpentine,  unless  in  an 
open  space,  at  least  thirty  feet  distant  from  any  building, 
vessel  or  other  property  that  might  be  injured  thereby, 
or  in  a  fire-proof   building,  under  penalty  of  not  less 
than  five  nor  more  than  twenty-five  dollars. 
Hay,  straw,     Art.  502.  (5)  No   owucr  or  occupant  of  any  livery 
6.  s,  3175.     or  other  stable  or  dairy,  within  the  city  or  suburbs ;  no 
cart  driver,  horse   driver,  nor  any  other  person,  shall 
use  therein,  nor  in  any  place  containing  hay,  straw  or 
other  combustible  matter,  any  lighted  candle  nor  other 
light,  except  the  same  be  securely  kept  within  a  glass, 
horn  or  tin  lantern,  under  a  penalty  of  ten  dollars  for 
each  offence. 
Stoking  Quicklime,  see  Lime. 


COMMISSIONERS. 


See  City  Charter,  City  Council  Employees,  False 
Alarms,  Fire,  Fire  Department,  Keepers,  Labor 
AND  Laborers,  Markets,  Neutral  Grounds,  Of- 
fences, Parks,  Prisons  and  Jails,  Streets  and 
Wharves. 

commissioner  of  police  and  public  buildings. 
See  City  Charter,  Sec.  25. 

His  duties.        Art.  503.  The  Commissioner  of  Police   and   Public 
City  charter,  g^jj^jjjjgg  gjjall,  SO  far  as  the  Council  may  have  author- 
ity, have  in  charge  the  House  of  Refuge  and  Correction, 
pounds  and  cemeteries  and  lighting  of  the  city,  and  shall 
be  vested  with  and   perform   such  other  functions  and 


COMMISSIONERS.  245 

duties  as  may  be  prescribed  by  the  Council ;  provided, 
that  no  authority  or  duty  herein  conferred  or  imposed 
upon  said  department  or  upon  the  Council  shall  conflict 
with  or  impair  any  of  the  powers,  duties  and  rights  con- 
ferred by  this  act  upon  the  Mayor.  He  shall  have  gen- 
eral superintendence  of  the  schoolhouses,  markets, 
slaughterhouses,  prisons  and  police  stations,  and  jails, 
workhouse,  asylums,  hospitals  and  all  courts  and  public 
buildings,  except  the  City  Hall,  which  shall  be  under 
control  of  the  Mayor  and  the  several  executive  officers. 
He  shall  be  vested  with  and  perform  such  other  func- 
tions and  duties  as  may  be  prescribed  by  the  Council. 
He  shall  report  to  the  Mayor  monthly  the  full  details 
and  workings  of  his  department.  He  shall  receive  an 
annual  salary  of  three  thousand  five  hundred  dollars. 
He  shall,  before  entering  upon  the  duties  of  his  office, 
in  addition  to  the  oath  required,  give  bond  iu  the  sum  Bond  and 
of  twenty-five  thousand  dollars,  with  good  and  solvent  ^^^^1^87. 
securities,  resident  within  the  jurisdiction  of  the  courts  "^"'y*  '^'^' 
of  the  parish  of  Orleans,  as  shall  be  approved  of  by  the 
Council,  conditioned  for  the  faithful  discharge  of  his 
duties. 

Commissioner  of  Public  Works. 

See  City  Charter,  Sec.  24. 

Art.  504.  The  Commissioner  of  Public  Works  shall  Duties  of  com - 
have  general  charge  and  superintendence  of  all  matters  Pubitc' works? 
relating     to     waterworks,     railroads,    canals,    levees,      '*^*^ 
weights  and  measures.     The  fire  department  and  manu- 
factures,   streets,   sidewalks,    pavements  and  wharves. 
The  construction,  cleansing  and  repair  of  the  same.    The 
construction   and   repair  of  bridges  and  drainage  and 
hygiene  of  the  city  in  so  far  as  the  same  may  be  com- 
patible with  the  laws  and  duties  of  the  Board  of  Health, 
and  shall  be  vested  with  and  perform  such  other  func- 
tions as  may  be  prescribed  by  said  Council.     He  shall 
report  to  the  Mayor  in  detail  the  working  of  his  depart- 
ment.    He  shall  cause  to  be  made  from  time  to  time,  at 
least  quarterly,  a  detailed  statement,  to  be  submitted  to 
the  Council,  statins:  the  conditio ns  of  the  streets  from 


246  COMMITTEES — COUNCIL. 

curb  to  curb,  including  the  bottoms  and  grades  of  the 
gutters  along  which  tracks  are  laid  or  railroads  cross  or 
pass ;  also  the  condition  of  the  bridges,  wings  and  cross- 
ings, whether  the  same  be  of  iron  or  wood,  also  whether 
the  grades  of  such  railroad  tracks,  bridges  and  crossings 
are  level  with  the  surface  ot  the  street ;  also  whether  the 
natural  drainage  of  any  gutter  is  impeded  by  bridges  or 
culverts  over  which  said  tracks  are  laid  being  too  low  or 
high,  or  for  want  of  iron  cross  pieces  being  used  for 
bridges  in  lieu  of  wood,  or  whether  such  natural  drain- 
age is  impeded  for  want  of  bottoms  in  bridges,  or 
whether  such  bottoms  of  bridges  require  to  be  lowered 
or  raised.  He  shall,  before  entering  upon  the  duties  of 
Bond  and his  officc,  givc  boud iu  the  sum  of  twenty- five  thousand 

salary. 

dollars,  with  good  and  solvent  security,  residing  within 
the  jurisdiction  of  the  coarts  of  the  parish  of  Orleans,  as 
shall  be  approved  by  the  Council,  conditioned  for  the 
faithful  performance  of  his  duties.  He  shall  receive 
an  annual  salary  of  three  thousand  five  hundred  dol- 
lars. 


COMMITTEES,  COUNCIL. 

SEE   CITY   COUNCIL  AND   CITY  CHARTER. 

Art.  505. 

Committee  1,  to  Consist  of  Five  Members. 

On  Public  Order ;  on  Legislative  and  Legal  Questions ; 
on  Bonds  of  Public  Officials ;  on  Parochial  Relations ; 
on  Elections  and  Qualifications. 

Committee  3,  to  Consist  of  Five  Members. 

On  Finance ;  on  Public  Debt ;  on  Syndicate. 

Committee  3,  to  Consist  of  Five  Members. 

On  Estimate  of  Expenses ;  Rate  of  Taxation ;  Prepa- 
ration of  the  Annual  Budget ;  on  Assessment. 

Committee  4,  to  Consist  of  Five  Members.       '* 

On  Public  Health;  on  Abattoirs,  Dairies,  Stable, 
Cattle,  Ranges  and  Pound  Limits ;  on  Vidangeurs,  their 


COMMITTEES — COUNCIL.  247 

Apparatus,    the   Nuisance    and   Garbage   Wharves  and 
Boats. 

Committee  5,  to  Consist  of  Five  Members. 

On  Public  Schools ;  on  Libraries,  Records  and  Ar- 
chives. 

Committee  6,  to  Consist  of  Five  Members. 

On  Police ;  on  Public  Buildings,  Private  Buildings 
and  Fire  Limits  for  same ;  on  Markets. 

Committee  7,  to  Consist  of  Five  Members. 

On  Fire  Department,  and  Electrical  or  Telephonic 
Apparatus,  as  applied  to  Alarms  and  Messages;  on  Gas, 
Oil,  Electricity,  or  other  methods,  as  applied  to  the 
Public  Lighting  of  the  city. 

Committee  8,  to  Consist  of  Wine  Members. 

On  Streets  and  Landings ;  on  Railroads,  street  or 
steam,  their  movements,  connections  and  depots ;  on 
Steamboats,  Ships,"  Steamships,  Tugs,  Barges,  Elevators 
afloat,  and  all  Water  Craft. 

Committee  9r  to  Consist  of  Five  Members. 

On  Water ;  on  Drainage,  its  Apparatus  and  Canals ; 
on  New  and  Old  Navigation  Canals  ;  on  Levees  of  River, 
Lake,  Canals  and  Protection. 

Coynmittee  10,  to  Consist  of  Five  Members. 

On  Public  Improvements ;  on  Squares ;  on  Factories 
and  Manufactories,  Foundries,  Mills,  Refineries,  Presses, 
Elevators  ashore,  Yards  and  Warehouses. 

Committee  11,  to  Consist  of  Five  Members. 

On  Charities^  Retreats,  Asylums,  Hospitals  and  Alms- 
houses. 

Committee  12,  to  Consist  of  Five  Members. 

On  Prisons,  Lockups,  Jails,  Refuge,  Correction  and 
Workhouses. 


248  COMPTROLLER. 

Committee  13,  to  Consist  of  Seven  Members. 

On  Rules   and  Organizations  of  the  various  Depart- 
ments of  the  City  Government. 
Extract  from  Minutes  City  Council,  Xovember  20,  1882. 

COMPTROLLER. 

See  City  Charter,  Sec.  21. 

Approval   of     ^^^T.  506.  (2)  That  all  bills  for  work  done  and  mate- 
^'sept ,  1870.     rials  supplied  shall  be  approved  by  the  administrator  of 

A.  s.  437-  ^jjg  department  incurring  the  same,  referring  to  the 
notarial  contract,  when  any  exists,  and  shall  then  be 
transmitted  to  the  Department  of  Public  Accounts. 
The  administrator  of  that  department  shall  examine  and 
audit  the  same,  and  shall,  on  the  first  Tuesday  of  each 
month,  present  an  ordinance  to  the  Council  embracing 
all  such  approved  bills,  and  said  ordinances  shall 
specially  apply  to  each  department,  and  comprise  the 
expenditures  thereof  of  that  character  for  the  preceding 
month.  Upon  the  passage  of  the  ordinances  by  the 
Council,  the  Administrator  of  Public  Accounts  shall  war- 
rant upon  the  Administrator  of  Finance  for  payment  of 
the  accounts  so  approved  and  passed. 

Contracts.  Art.  507.  (3)  That  whenever  a  contract  shall  have 
*  been  adjudicated  in  any  department  and  approved  by 
the  Council,  it  shall  be  the  duty  of  the  City  Notary  to 
furnish  a  notarial  copy  of  the  same  to  the  Administrator 
of  Public  Accounts,  numbered  in  regular  series  for  each 
department,  who  shall  cause  an  abstract  of  the  same  to 
be  entered  into  a  book  to  be  called  the  Contract  Book, 
and  which  shall  be  properly  indexed  and  classified  for 
convenient  reference. 

Art.  508.  (4)  In  addition  to  the  books  hereinbefore 
mentioned,  the  Administrator  of  Public  Accounts  shall 
keep  the  books  now  to  be  described,  as  follows,  viz. : 

Register   of     («)  A  *' Register  of  Claims,"   in  which  shall  be  en- 

ib.  tered  in  the  order  of  its  reception  from  any  department, 

the  number,  date,  name  of  claimant,   folio  of  contract 

book,  nature  of   services  performed,  department  from 

which  received,  and  the  amount  of  each  claim  and   pay 


claims 


COMPTROLLER. 


249 


lb. 


roll  received  for  audit  and  settlement.  The  said  book 
shall  also  contain  a  column  for  remarks,  in  which  shall 
be  entered  opposite  each  claim  entered  therein  a  state- 
ment of  the  action  of  the  Council  upon  said  claim, 
whether  approved  or  rejected,  and  with  reason  for  re- 
jection, 

(6)    A  note  and  bill  book,  in  which  shall  be  described    Not 
each  and  every  promissory  note  or  bills   receivable  of 
every  kind  belonging  to  the  city. 

(c)  A  paying  warrant  book,  in  which  shall  be  regis-  warrant  book, 
tered  in  regular  order,   every  warrant  issued  upon  the 
Administrator  of  Finance,  specifying  the  number  of  the 
warrant,  date  of  issue,  to  whom  issued,  and  the  account 

against  which  it  is  drawn,  with  the  number  of  the  ordi- 
nance ordering  the  payment. 

(d)  A  receiving  warrant  book,  in  which  shall  be  en- warrant  book, 
tered  every  receiving  warrant  issued  for  moneys  col- 
lected on  account  of  the  city,  specifying  its  number  and 

date,  to  whom  issued,  the  account  to  be  credited  and  the 
sum  received. 

(e)  A  cash  book,  in  which  shall  be  entered  the  daily    cash  book, 
transactions   of  the   city,  and  which  shall  be  balanced 

at  the  close  of  each  week,  and  the  balance  compared 
with  cash  in  the  hands  of  the  depository,  called  Fiscal 
Agent,  in  section  thirty  of  the  City  Charter. 

(/)  A  journal,  in  which  shall  be  entered  all  transac-    joumai. 
tions  of  the  city  which  do  not  involve  an  actual  payment 
or  receipt  of  cash. 

(g)  A  ledger,  in  which  shall  be  posted,  under  appro-  Ledger, 
priate  heads,  the  entries  made  in  the  cash  book  and 
journal,  and  which  shall  contain  an  account  with  each 
issue  of  bonds  composing  the  funded  debt  of  the  city ; 
and  said  ledger  shall  be  balanced  on  the  thirty-first  of 
December  of  every  year,  after  placing  to  the  credit  of 
the  respective  accounts  the  unpaid  sums,  if  any,  of  all 
liquidated  claims  against  the  city,  which  shall  have  been 
approved  prior  to  December  31,  so  that  the  balance  sheet 
shall  exhibit  the  exact  condition  of  the  assets  and  lia- 
bilities of  the  city  at  the  close  of  each  fiscal  year,  and 
such  balances   shall  be  carried  forward  to  the  credit  of 


250  CONDUITS. 

the  respective   accounts  of  the  ensuing  year,  to  be  pro- 
vided for  in  the  budget. 

Ord.  No.  1384,  C.  S.,  providing  for  the  publication  in  pamphlet 
form  of  the  pay  rolls  of  the  various  departments,  repealed  by 
Ord.  No.  4332,  C.  S. 

Seats  in  Council — See  Citij  Council. 

Petitions  for  Paving  and  Publications— See  Ordinances. 

Division  of  Tax  Bills,  Real  and  Personal— See  Taxes. 

Clerks  and  Employees — See  Organization. 

Impeachments — See  City  Council. 

Vacancies — See  Vacancies — See  Contracts. 


CONDUITS. 

Franchise.         Art.  509.  That  pcrmission  be  and  is  hereby  granted  to 
c.s."    °"  '^^''the  Southwestern  Brush  Electric  Light  and  Power  Com- 
«g- 1  .  •  35  pany  to  place  their  wires,  by  means  of  which  incandescent 
electric  light  may  be  supplied  their  customers,  on  a  line 
with  and  under  the  sidewalks  under  ground,  as  near  the 
outer   edge   thereof   as   practicable,  and  at  no  greater 
depth  from  the  surface  than  eighteen  inches,  along  the 
line  of  any  one  or  more  of  the  following  streets,  to-wit : 
Route.  on  Canal  street,  both  sides,  from  the  river  to  Rampart 

street ;  on  Royal  street,  from  Canal  to  Bienville  streets ; 
on  Baronne,  Carondelet,  St.  Charles,  Camp  and  Maga- 
zine streets,  from  Canal  street  to  Girod  street;  on  Union 
street,  from  Dryades  to  St.  Charles  street,  and  on 
Gravier  street,  from  Dryades  to  Magazine  streets. 

Under  super-     ^^T.  510.  (2)  That  all  work  to  be  done  by  said  com- 

smveyo?^alfdP^^y  ^^<^6^  t^®  P^ovi^io'is  of  tMs  ordiuaucc,  including 

commiss^oner^jjg  restoring  of  the  sidewalks  which  may  be  torn  up  or 

Works.       ^^  disturbed,  and  thereafter  keep  in  repair  the  paving  over 

said  openings,  shall  be  so  done  under  the  supervision 

and  to  the  entire  satisfaction  of  the   Commissioner  of 

Public  Works  and  the  City  Surveyor. 

Bond.  Art.  511.  (3)That  said  company  shall  execute  a  bond, 

^^'  with  one  or  more  good  and  solvent  sureties,  in  favor  of 

the  city  of  New  Orleans,  in  the  sum  of  five  thousand 


CONDUITS.  251 

($5000)  dollars,  conditioned  the  said  company  shall  com- 
ply with  the  provisions  of  the  preceding  section  (2). 

Art.  512.  (4)  That  in  consideration  of  the  said  Lights  fur- 
grant  and  privilege,  the  said  Southwestern  Brash  Elec- "ranchis"^ 
trie  Light  and  Power  Company  shall  furnish  to  the  city 
of  New  Orleans  incandescent  electric  lights  during  the 
continuance  of  this  grant  or  privilege,  free  of  any 
charge,  as  follows :  Lights  for  the  Council  Chamber  on 
all  regular  and  special  meeting  nights  of  the  City  Coun- 
cil; lights  to  two  committee  rooms  on  regular  and 
special  meeting  nights  of  Council  Committees.  That  the 
lights  so  to  be  furnished  shall  be  equal  in  number  to 
those  now  in  use  in  said  Council  Chamber  and  commit- 
tee rooms. 

Art.  513.  (5)  That  said  Southwestern  Brush  Liability  for 
Electric  Light  and  Power  Company,  or  any  firms  or  per- otheT  partes!  ** 
sons  hereafter  receiving  similar  privileges,  occupying 
any  street,  alley  or  road  with  underground  conduits, 
tubes,  pipes,  cables,  electrical  conductors  or  wires,  shall 
be  liable  for  all  damages  to  gas  and  water  mains,  ser- 
vices and  sewers,  connection  to  sewers,  and  also  for  any 
damages  caused  by  the  opening  of  branches  or  condition 
of  the  street,  alleys  or  roads,  resulting  from  the  laying 
of  the  conduits,  tubes,  pipes,  electrical  conductors,  cables 
or  wires,  or  making  connection,  for  which  the  city  of 
New  Orleans  would  otherwise  be  held  liable. 

Art.  514.  (6)  That  when  the  city  of  New  Orleans  may  Right  of  the 
desire  to  use  or  occupy  any  of  the  wires  or  conductors  in  ^j/J  1°^  "  *  * 
any  of  the  conduits,  tubes,  pipes  or  cables,  for  police,  ^^' 

fire  alarm  or  other  municipal  purposes,  the  said  South- 
western Brush  Electric  Light  and  Power  Company,  or 
any  firms  or  persons  to  whom  privileges  may  hereafter  be 
granted  for  laying  of  underground  conduits,  tubes, 
pipes,  electrical  conductors,  cables  or  wires,  shall  fur- 
nish the  Commissioner  of  Police  and  Public  Buildings 
with  one  and  not  more  than  three  conductors  or  wires 
upon  thirty  days'  notice,  free  of  any  cost  to  said  city. 
The  Commissoners  of  Police  and  Public  Buildings  to 
have  the  whole  and  absolute  control  of  such  electrical 


ment, 


252  CONDUITS. 

conductors  or  wires  as  he  shall  select  for  the  purpose 
named. 

Annual  pay-  Art.  515.  (7)  That  ou  all  wlrcs  or  conductors  placed 
lb.  under  ground,  excepting  such  as  are  used  or  owned  by 
the  city  of  New  Orleans,  an  annual  payment  of  two 
dollars  and  fifty  cents  ($2.50)  per  mile  or  any  part 
thereof  in  length  on  conductors  or  wires  for  electrical 
lighting  purposes  shall  be  paid  to  the  City  Treasurer  on 
or  before  the  first  Monday  in  January,  1886,  and  annu- 
ally thereafter  in  advance ;  failure  to  make  payment  as 
required  within  the  time  herein  specified  shall  subject 
the  offenders  to  penalty  of  fifty  ($50)  dollars  per  day  for 
each  and  every  day  thereafter  until  payment  is  made. 
All  penalties  provided  for  in  this  ordinance  shall  be  re- 
coverable before  any  court  of  competent  jurisdiction. 

Charges   on     Art.  516.  (8)  That  an  annual  charge  of  five  (5)  cents 

uiderground  _         ^     '  °  ^     ' 

conduits.  per  running  foot  on  all  underground  conduits,  tubes  or 
pipes  for  electrical  conductors  not  exceeding  twelve  (12) 
inches  in  diameter  be  made,  and  on  all  other  conduits, 
tubes  or  pipes  for  like  purposes  exceeding  twelve  (12) 
inches  in  diameter  an  annual  charge  of  ten  (10)  cents  be 
made,  payable  to  the  city  of  New  Orleans  at  the  same 
time  and  under  the  same  provisions  as  are  provided  in 
section  7,  for  the  payment  of  charges  for  conductors  and 
wires. 
Penalty,  etc.  Art.  517.  (9)  That  if  the  sai*d  Southwestern  Brush 
■  Electric  Light  and  Power  Company  should  at  any  time 
dispose  of  this  franchise  and  consolidate  with  any  other 
company,  said  company  shall  forfeit  all  rights  and 
privileges  granted  by  this  ordinance,  and  shall  be  liable 
to  and  shall  pay  to  the  city  of  New  Orleans  a  penalty  of 
twenty-five  thousand  ($25,000)  dollars,  to  be  sued  on 
and  collected  by  the  City  Attorney.  The  company  or 
individuals  buying  from  or  consolidating  with  the  afore- 
said company  shall  be  liable  and  pay  to  the  city  of  New 
Orleans  the  sum  of  twenty-five  thousand  ($25,000)  dol- 
lars, to  be  sued  out  and  collected  as  hereinbefore 
prescribed. 
to^b"e'^ciearof  Art.  518.  (10)  That  the  said  company  laying  any 
other  pipe,  ^j^  Qon^j^jits,   tubcs,   pipcs,  cablcs,  clectrical  conductors  or 


CONTRACTS  AND  CONTRACTORS.  253 

wires   shall   lay   such    conduits,    tubes,    pipes,   cables, 
electrical  conductors  or  wires  clear  of  all  other  pipes. 

Art.  519.  (11)  That  this  ordinance  shall  take  effect    when  to  take 
from  and  after  its  passage.  '         ib. 


CONSTRUCTION— See  Building. 


Surety  to  pos- 
sess real  es- 
tate. 


CONTRACTS  AND  CONTRACTORS. 
See  Building,  Comptroller,  Offences. 

Art.  520.  Any  person  or  persons  contracting  with  the 
Mayor  and  Common  Council  of  the  city  of  New  Orleans 
for  any  work  to  be  done  in  pursuance  of  law  or  ordi-  o"i''233^*' 
nance,  or  any  person  or  persons  accepting  any  offtce  of 
trust  or  emolument  from  said  corporation,  who  are  re- 
quired by  law  or  ordinance  to  give  bond  for  the  faithful 
performance  of  the  duties  devolving  upon  him  or  them, 
shall  be  and  are  hereby  required  to  furnish  security, 
who  shall  be  possessed  of  real  estate  to  the  amount  of 
the  obligation  of  said  bond,  the  corporation  reserving 
the  right  of  demanding  additional  security  whenever 
deemed  advisable. 

See  Act  41  of  1894,  authorizing  certain  corporations  to  become 
surety  upon  bonds  required  to  be  furnished  by  law,  and  prescrib- 
ing condition  under  which"  they  may  do  so. 

Art.  521.  That  from  and  after  the  promulgation  of    paving. 
this  ordinance  there  shall  be  inserted  in  all  contracts  for  ^Pg^J-^^^g;?. 
paving  a  clause  requiring  that  work  under  same  shall    ^"^^^  *7'  ^^^^ 
be  commenced  within  three  months  from  the  signing  of 
such  contract,  and  progress  at  the  rate  of  not  less  than 
three  blocks  per  month  till  final  completion.     The  con- 
tractor to  furnish   bond  satisfactory  to  the   Mayor  or 
make  cash  deposit  at  his  option  to  the  amount  of  10  per 
cent,  of  his  contract,  such  bond  or  deposit  to  be  given 
as   surety  for  commencing   and   completing   the  work 
within  the  time  herein  specified ;  provided,  however,  the 
time  which   existing   laws   prohibit  the   tearing  up  of 
streets  or  time  lost  through  opposition  of  State  Board 
of  Health  shall  not  be  computed. 


254  CONTRACTS  AND  CONTRACTORS. 

City  Surveyor      Art.  522.  That  no  such  contract  shall  be  signed  by 
to  approve.  ^^  ^^^  Mayor  until  after  being  approved  by  the  City  Sur- 
veyor as  being  in  accordance  with  the  plans  and  speci- 
fications  on   file   in   his   ofiice,    and   with   all   existing 
ordinances  not  in  conflict  with  the  specifications. 
Repealing  ord-     Art.  523,  That  all  ordiuanccs  or  parts  of  ordinances 
.  ^^  conflict  with  this  ordinance  be  and  they  are  hereby 
repealed. 
License  to  be     Art,  524.  That  in  f uturc  all  contractors  bidding  for 
OrTSio  10,479.  city  work  must   show   their   license   certificate   to   the 
Mar,  19. 1895,  Tj.gg^g^j,^j.^  otherwise  their  bids  will  not  be  considered 
by  the  Finance  Committee, 
contraciors  11-     Art.  525.  No   coutract  entered  into  with  the   city  by 
fice^nse"  ^^'^  partics  liable  to  assessment  for  license  shall  be  so  con- 
N,^s,'34i.*     strued  as  to  operate  as  a  release   of  such  parties  from 
such  liability,  but  on  the  contrary  shall  be  deemed  as 
having  been  formed  with  the  distinct  understanding  of 
liability  imposed  or  to  be  further  imposed. 
DutyofComp-     Art.  526.  The  Comptroller  is  authorized  to   insert  a 
troiier.     ^^  correspoudiug   clause   among  the   considerations  of  all 

such  contracts. 
Non  fulfilment     Art.  527.  It  shall  be  the  duty  of  the  Surveyor  to  re- 
Nov°"T8^s^2?"  port  to  the  Council  the   non-fulfilment  of  all  contracts 
o-  s,  4SS-      jjj  which  the  city  may  be  interested. 
Extra  work.       Art,  528.  All  cMms  agaiust  the  corporatiou  f  or  cxtra 
ofs.  3%!'      work  connected  with  contracts  shall  not  be  included  in  the 
Surveyor's  certificates  to  the  contractors,  but   separate 
bills  should  be  brought  before  the  Common  Council. 
No  bill  for     Art.  529.  That  hereafter  any  person  or  persons  con- 
^nTess*(kfne  un-  tractlug  with  thc  city,  attempting  or  doing  work  for  the 
sp^ecificatio°ns!  city  of  Ncw  Orlcaus,  under  said  contracts,  are  notified 
o.  s.'    °'  '^^^'that  no  bill  will  be  approved  unless  said   work  is   done 

'"^'  * '  ■  under  approved  specifications, 
plans,  '^spectfi-  Art.  530.  That  from  and  after  the  passage  of  this 
tariaric*°to"be  rcsolutiou  uo  coutract  plan,  specification  or  notarial  act 
coun'^ii  'before  shall  bc  cousummatcd  before  the  same  shall  have  been 
"^*Aii"!?o']J*rac°s  presented  to  Council  for  approval,  and  that  all  contracts 
pen"s'^^of*^on-  shall  bc  printed  at  the  expense  of  the  contracting  party, 
^Ord.'No."!;^,  ^^d  copies  laid  upon  the  desks  of  the  members  before 
*^Mkr.  24,  iS8s.  their  final  adoption  and  acceptance.     All  ordinances  or 


CONTRACTS  AND  CONTRACTORS.  255 

parts  of  ordinances  in  conflict   herewith  are   hereby  re- 


Art.  531.  That  the  Comptroller  be  and  he  is  hereby  puns  and  spe- 
prohibited  from  offering  for  sale  any  contract  for  public  b'f'^firsT^p^ 
works  for  materials  or  supplies  to  any  of  the  depart-  coundi^be^ 
ments,  unless  plans  and  specifications  for  same  are  first  o/d.No%ui, 
approved  by  the  City  Council.  ^"  ^• 

Art.  532.  That  all  paving  of  streets  done  by  other  Approval  of 
parties  than  the  city,  the  specifications  of  the  work  shall  c  o"m*^m  e  nc"e^ 
be  approved  by  the  City  Council  before  the  work  shall  ""^^  °  "^"^  ib. 
have  been  commenced. 

Art.  533.  That  it  is  the  sense  of   the  Council  that  the    how  abro- 
legislative  branch  of  this  municipal  government  has  no^ord.No.  3474, 
right  to  usurp  the  functions  of  the  judiciary,  and  to  pass  ^jan.9,  issg. 
upon  the  validity  of  contracts  entered  into  by  the  pres- 
ent  Council,    or  its  predecessors,  but  should   refer   all 
such  questions  to  the  proper  tribunals  to  be  legally  and 
judicially  settled. 

Provided,  That  this  resolution  shall  in  nowise  imply 
that  the  Council  may  not,  at  any  time,  test  the  legality 
of  any  contract  of  questionable  character,  or  to  take  ac- 
tion for  the  revocation  of  any  contract  whenever  the 
provisions  of  the  same  are  not  faithfully  complied  with. 

Art:  534.  (23)  That  all  contracts  for  public  works,  contracts  over 
or  for  material  or  supplies  ordered  by  the  Council,  when    jidk:a°ed*  a^t 
the  same  exceeds  five  hundred  dollars  ($500)  shall  be    seaied'prop^o" 
offered  by  the  administrator  of  the  department  to  which    cfty  charte? 
such  contract  pertains,  at  public  auction,  and  given  to  **^'*^* 
the  lowest  bidder  who  can  furnish  security  satisfactory 
to  the  Council,  or  the  same   shall,  at  the  discretion  of 
the  Council,  be  advertised  for  proposals  to  be  delivered 
to  the   administrator  of  the  department  to  which  such 
contract  pertains,  in  writing,  sealed,  and  to  be  opened 
by  said  administrator  in  the  presence  of  the  Mayor  and 
the  Administrator  of  Finance,  and  given  to  the  person 
making  the  lowest  possible  proposal  therefor  who  can 
furnish  security  satisfactory  to  the  Council ;  provided, 
that  the  Council  shall  in  either  case  have  the  right  to 
reject  all  bids  or  proposals. 
See  Act  135  of  1888. 


25G  CONTRACTS  AND  CONTRACTORS. 

Finance  Com-     Art.  535.  (1)  That  the  Finance  Committee  shall  have 
ord!  No.  7122,  the  right  and  it  shall  be  their   duty  whenever   any  bids 
^jfii.  17,1895.    are  opened  for   any   city  contract   or   otherwise  to  take 
cognizance  of  the  same  without  a  previous  reference  to 
the  Council,  and  to  report  their  conclusion  to  the  Coun- 
cil for  final  action. 
City   Notary     Art.  536.  (2)  That  it  shall   be  the   duty  of  the  City 
"^^'  lb.  Notary  to  prepare  the   contracts  to  be   signed  ready  to 

be  submitted  to  the  members  of  the  Council  at  the  next 
meeting  after  final  action  has  been  had  on  said  report. 
Take  effect.       Art.  537.  (3)  That   this  ordinance   shall  take   effect 
'  from  and  after  its  passage. 
Return  of  de-     Art.  538.  That  the  City  Comptroller  of  the   city  of 
fiung  of^cer-New  Orleans  be  and  is  hereby  prohibited  from  returning 
contract^^  "  to  any  bidder  or  contractor  to  whom  a   contract  may 
c.'^s.^*''"'^°°' have  been  awarded,  his  certificate  of  deposit  until  he, 
Oct.  22, 1894.  g^pj^  contractor,  shall  have  left  with  the  Comptroller  a 
certificate  from  the  City  Engineer  to  the  effect  that  a 
certified  copy  of  such  contract  has  been  deposited  in  his 
office. 
Specifications     Art.  539.  That  whcu  specifications  are  adopted  by  the 
Com J^r^iS^'^  Council   and   the  City  Comptroller  is   directed   by  the 
^ord.  No.  3335,  QquqciI  to  Call  f Or  bids  on  said  work,  the  City  Engineer 
Nov.  21. 1893.  gjj^ii  immediately  forward  a  copy  of  such  specifications 
for  said  work  to  the  Comptroller's  office,  so  he  may  be 
enabled  to  advertise  intelligently  for  bids  immediately ; 
and  it  shall  be  the  duty  of  the  Clerk  of  the  Council  to 
notify  the  City  Engineer  of  the  action  of  the  Council. 
Mayor  to  ap-     Art.  540.  That  the  President  of  the  Council  aschair- 
fe°e'"to  '^in'^Sti-  man,  with  four  members  of  the  Council  to  be;appointed 
fnlrizT^them'.^J  the  Mayor,  be   and  they  are  hereby   appointed  a 
colurlcts.'^  ^"special  committee  to  investigate  and  familiarize  them- 
^oni.  No.  3607,  ggiygg  ^ith  existing  contracts  made  by  the  city  franchise 
Mar.  19, 1S89.  given  and  the  obligations  thereby  imposed  ;  examine  the 
manner  in  which  same  are  being  complied  with  or  car- 
ried out,  and  report  the  result  of  their  labors  with  such 
suggestions  as  they  deem  proper  to  the  Council. 

Provided,  that  nothing  herein  shall  be  construed  as 
interfering  with  any  investigation  now  in  progress  by 
any  special  committee  of  the  Council. 


COURT  OFFICERS.  '  257 

Art.  541.  That  for  the  same  purposes  herein  designated  Authorized  t  e 
the  said  committee  are  hereby  authorized  and  empowered  T" n  s  ° V^d 
to  send  for  persons  and  papers,  administer  oaths,  etc.,  p*p*"'  ^^ 
etc. 

Resident  Labor — See  Labor  and  Laborers. 

Specifications — See  City  Surveyor. 

Corporation  Franchises  and  Contracts — See  City  Charter. 


COTTON  PRESSES  AND  PICKERIES. 

See  Building. 

.  Art.  542.  (1)  It  shall  not  be  lawful  for  any  person    Not  lawful  to 
or  persons,    without   the   permission   of  the    Common  "dcc.,  1856. 
Council,  to  erect  within  the  limits  of  the  city  any  build-    ^-^--^'S"- 
ing  for  a  cotton  press  or  cotton  pickery,  or  to  use  any 
building  or  lot  for  that  purpose,  under  the  penalty  of  a 
fine  of  not  less  than  ten  dollars,  nor  more  than  twenty- 
five  dollars  for  each  day  that  such  building  or  lot  shall 
be  used  in  violation  of  this  ordinance. 


COURT  OFFICERS. 

Art.  543.     That  the  police   force  of  the  city  of  New  officers  of  Re- 
Orleans  shall  be  the  executive  officers  of  the  Recorders'    couns.*  '* 
courts  within  the  limits  of  the  city  of  New  Orleans.  Dec",  it's! 

Art.  544.  (2)  That  immediat-ely  upon  the  issuance  Report  to 
of  any  warrant  from  any  Recorder' s  court  the  police  *^^****  ib. 
officer  charged  with  the  execution  of  the  same  shall  re- 
port the  fact  of  issuance  to  the  office  of  the  Chief  of 
Police,  and  shall  also  report  to  the  same  office  the  man- 
ner and  time  of  executing  the  same  as  soon  as  possible 
after  the  execution. 

Art.  545.     (3)     That  the  provisions  of  section  2  shall 
be   construed   as  applying  specially  to  the   members  of  ^^  ordinance.*"* 
the   police  detailed  to  serve  in  the  Recorders'    court,  as 
provided  in  section  5  of  Act  No.  131,  of  the  extra  session 
of  1877. 

Art.  546.    (4)     That  any  person  connected  with  the 


258  COURTHOUSES. 

Penally.        police  f 01*06  of  this   city  who   violates  the  provisions  of 
■  this  ordinance  shall  be  dismissed  from  the  force. 
For  Appointment  of  Officers — See  liecorders^ 
Duties — See  Becorders  and  Police. 


COURTHOUSES. 

Advertise.         Art.  547.  That  the  Comptroller  is  hereby  directed  to 
c.  s. '    °'    ''°'  advertise  for  thirty  days  in  the  official  jonrual  and  one 
e  .  9, 1892.    (^jjj^^gQ  paper  for  plans  for  new  court  and  jail  building, 
in  accordance  with   requirements,  ground   plan  of  site 
and  other  data  in  the  office  of  the  City  Engineer,  as  fol- 
lows : 
Plans  and  spe       To  Architccts  and  Builders — Plans  and  specifications 
viteX"'"^  ' "  are  hereby  invited  from  architects  and  builders  for  city 
buildings   to   be   erected   on   square   303,    bounded   by 
Gravier,  Common,  Basin  and  Franklin  streets,  and  to 
contain  the  following  accommodations  : 
Criminal  Court.     1-    For    Criminal    Court — Courtrooms,    two    judges' 
offices,  three  rooms  for  district  attorney's  office,  two  court 
clerk's  offices,  two  rooms  for  sheriff's  offices,  property 
clerk,  porter,  six  docks   for  each  court,  one  grand  jury 
room,  with  separate  entrance,  and  connection  with  each 
court ;  accommodation  for  two  petit  juries,  consisting  of 
sleeping  room,  sitting  room,  washroom  and  privies,  place 
of  detention  for  witnesses  of  each  sex,  three  rooms  for 
coroners'   office,  office  for  registrar  of  voters,  and   not 
less  than  four  extra  rooms,  one  of  which  to  be  not  less 
than  twenty  feet  square. 
Parish  prison.      2.  Parish   Prisou — Cellrooms   for   300    men   and    50 
women,  preferably  separate ;  yard  room  for  three  grades 
of  prisoners  of  each  sex,  four  condemned  cells,  chapel, 
hospital  and  drug  store,  two  kitchens  and  storerooms, 
two  office  rooms  and  two  visitors'  rooms,  sleeping  and 
sitting  accommodations  for  six  men. 
Police  head-     ^'  Policc  Hcadquartcrs — Two  offices  for  chief,  offices 
quarters.         £qj.  secretary,  clerk,  operator  and  batteries  j  storeroom 
and  property  room,  three  detective  offices. 

4.   First    Precinct    Police    Station — Captain's    office, 


COURTHOUSES.  259 

clerk's  office,  property  room,  assembly  room  for  drill  of  First  Precinct 
fifty  men,  four  rooms  for  detention,  lockup  of  ten  cells, 
separating  the   sexes ;    stables  for  twenty  horses,  and 
wagon  house. 

5.  Recorder's  Court — Courtroom,  docks  for  four  Recorder's 
grades  of  prisoners,  judge's  and  clerk's  office,  affidavit 
room,  property  room.  Particular  attention  must  be 
given  to  the  ventilation  and  lighting  of  the  entire  prem- 
ises, as  well  as  full  provision  for  water  closet  and 
sewerage  and  drainage,  with  distinction  for  both  sexes. 

Art.  548.  The  accommodations  can  be  arranged  for  one  Description  to 
or  more  buildings.  Each  plan  shall  be  accompanied  by  pian.°  ""^^^^ 
a  clear  description  of  the  distribution,  construction  and 
material  of  the  building  or  buildings;  provided,  that 
all  materials  used  in  the  construction  of  said  building 
or  buildings  shall  be  of  the  best  quality,  and  all  bricks 
used  in  the  same  shall  be  of  hard  burnt  Tangipahoa  or 
St.  Tammany  clay,  except  that  terra  cotta  or  first  quality 
nf  repressed  bricks  may  be  used  for  fronts. 

A  plan  of  the  proposed  site  can  be  seen  at  the  office 
of  the  City  Engineer. 

Plans  must  consist  of  a  plan  of  each  fioor  and  roof, 
longitudinal  and  transverse  section,  and  at  least  one  ele- 
vation, all  perfectly  in  ink. 

An  expenditure  of  $350,000  is  contemplated  by  the 
city  for  these  buildings. 

Art.  549.  Each  plan  must  be  accompanied  by  an  agree-  cost, 
ment  that  the  building  or  buildings  shall  be  constructed 
by  the  party  submitting  same,  for  a  sum  within  the 
amount  to  be  appropriated,  and  for  the  amount  stipu- 
lated in  said  bid,  say  ($350,000)  three  hundred  and  fifty 
thousand  dollars,  which  shall  also  include  cost  of  plans, 
supervision,  construction  and  interest;  and  as  a  guar- 
antee a  bond  of  ($100,000)  one  hundred  thousand  dollars 
must  be  furnished  by  each  bidder,  and  the  special  com- 
mittee on  court  and  jail  building  reserves  the  right  to 
reject  any  and  all  plans,  or  to  adopt  anyone  submitted, 
and  to  contract  for  the  erection  of  same. 

Art.  550.  That  upon  the  adjudication  to  the  success- 
ful bidder  by  the  Council  of  the  right  to  construct  the 


260  COURTHOUSES. 

Providing  for  new  Criminal  Court  and  Jail  Building,  authorized  by 
th*e"  contrac°.  Ordinance  No.  6050,  C.  S.,  the  Mayor  be  and  is  hereby 
*he''c^oTt"o°t  authorized  to  enter  into  a  contract  before  the  City  No- 
'oTd.'No.  6143,  tary,  to  carry  into  effect  the  said  adjudication,  upon  the 
Mar,  22, 1892.  contractors  furnishing  bond  with  good  and  solvent  se- 
curity in  the  sum  of  one  hundred  thousand  dollars,  con- 
ditioned upon  the  faithful  performance  of  the  contract. 
Appropria-        Art.  551.  That  in  order  to  provide  the  means  for  pay- 
ib.  ing  the  three  hundred  and  seventy-five  thousand  dollars, 
the  proposed  cost  of  said  building  and  interest  on  de- 
ferred payments,  the  following  appropriations  are  made : 

1.  The  sum  of  $125,000,  or  so  much  thereof  as  may 
result  from  the  sale  of  St.  Patrick's  Hall  and  the  old 
parish  prison,  including  cash  realized  under  ordinances 
of  appropriation  already  passed,  be  and  the  same  is 
hereby  set  aside  and  appropriated  to  be  employed  for  the 
payments  first  to  be  made  in  cash  on  said  contract,  as 
provided  in  the  specifications. 

2.  For  the  payment  of  the  balance  of  the  proposed 
cost  of  said  building,  to-wit:  The  sum  of  $225,000  and 
interest  at  the  rate  of  six  per  cent.,  the  city  hereby 
binds  and  obligates  itself,  and  authorizes  this  obligation 
to  be  written  in  said  notarial  contract,  to  set  aside  and 
appropriate  in  the  budget  of  each  year  for  the  years 
1893,  1894,  1895,  1896  and  1897  as  the  first  item  payable 
out  of  the  reserve  fund  (except  for  the  year  1893,  when 
it  shall  be  the  second  item  of  the  reserve  fund),  the  sum 
of  at  least  $50,000  per  annum  (except  in  the  year  1897, 
when  at  least  $25,000  shall  be  appropriated),  and  such 
other  sum  as  may  be  necessary  to  cover  accrued  interest; 
and  in  case  the  sum  appropriated  out  of  the  reserve 
fund  of  any  year  should  not  be  realized  by  the  first  day 
of  December  of  the  following  year,  the  city  further 
binds  and  obligates  herself  to  appropriate  the  deficiency 
out  of  the  general  budget  for  the  year  following  the 
said  first  day  of  December. 

Promissory     Art.  552.     That  f Or  all  the  payments  to  bc  made  on 

"°^**'         lb.  said   contract  as  per  specifications,  after  the   exhaustion 

of  the  cash  item  of   $125,000  above  appropriated,  the 

Mayor  and  Comptroller  are  hereby  authorized  and  di- 


I 


COURTHOUSES.  261 

reeled  to  execute  the  promissory  notes  of  the  city  of  New 
Orleans  to  said  contractor  or  order,  bearing  six  per  cent 
interest  from  date,  payable  at  the  rate  of  $50,000  a 
year  with  interest  out  of  the  above  appropriation,  each 
note  to  state  on  its  face,  the  appropriation  for  the  year 
out  of  which  it  is  to  be  paid.  These  notes  are  to  be 
issued  on  the  certificate  of  the  City  Engineer  that  the 
amount  specified  is  due  to  the  contractor  under  said 
contract. 

Art.  553.     That  all  of  the  appropriations  above  made  AppropriaUons 
and   agreed  to  be  made  are  declared  to  be  a   substantial    hemeidl^^n 
part   of  the  contract  right   of   said  contractor,  and  the    o^*e'"«*™«J'^j 
builders'  lien  given  by  law  to  said  contractor  is  not  in  any 
manner  to  be  waived  by  the  taking  of  the  notes  afore- 
said, and  the  said  lien  shall  of  right  be  attached  to  and 
follow  said  notes  in  the  hands  of  third  persons. 

Art.  554.  That  it  is  hereby  made   the   duty   of   the    Funds  to  be 

set  ap3.rt. 

Comptroller,    or  auditing  officer,  and  the  Treasurer,  to  ib. 

set  apart  and  keep  as  a  distinct  fund  the  proceeds  real- 
ized from  the  sale  of  the  St.  Patrick's  Hall  and  of  the 
parish  prison,  and  the  moneys  or  collections  which  shall 
have  been  appropriated  in  each  year  pursuant  to  this 
ordinance,  and  such  proportion  of  all  collections  of  the 
revenue  as  are  herein  agreed  to  be  appropriated  in  the 
budget  for  the  payment  of  the  notes  aforesaid  shall  be 
carefully  set  apart  by  said  officers  as  collected,  and  shall 
be  warranted  for  by  said  Comptroller  and  paid  by  said 
Treasurer  on  the  presentation  and  surrender  of  said 
notes  without  further  direction  or  ordinance  of  appro- 
priation. 

Art.  555.    That  Ordinance  No.  6143,  C.  S.,  be  and  is  a  mending  ord. 

No.  6334, 


hereby  amended  as  follows :  orT'"'* 


c.  s. 
Strike  out  all  of  section  3  and  insert  in  lieu  thereof :    Apr.  12, 189a. 

(3)  That  ''for  all  payments  to  be  made  on  said  con- 
tract as  per  specifications  after  the  exhaustion  of  Jso.cxw  a  year, 
the  cash  item  of  $125,000  appropriated,  or  any  other 
cash  items  that  may  be  additionally  appropriated  thereto, 
the  Mayor  and  Comptroller  are  hereby  authorized  and 
directed  to  execute  the  acknowledgments  of  indebted- 
ness of  the  city  of  New  Orleans  to  said  contractor,  or 


262  COURTHOUSES, 

order,  bearing  six  per  cent,  interest  from  date,  payable 
at  the  rate  of  fifty  thousand  dollars  a  year,  with  interest, 
out  of  the  above  annual  appropriation,  each  acknowl- 
edgment of  indebtedness  to  state  on  its  face  the  ap- 
propriation for  the  year  out  of  which  it  is  to  be  paid. 

Certificate  of     ''Thcsc  evideuces  of  indebtedness  are  to  be  issued  on 

Engineer.        ^j^^   Certificate  of   the   City  Engineer   that   the  amount 

specified  is  due  to  the  contractor  under  said  contract." 

Art.  556.  Strike  out  section  4  of  said  Ordinance  No. 

6143,  C.  S.,  and  in  lieu  thereof  insert  the  following : 

Builders'  lien.  (4)  That  all  of  the  appropriations  above  made 
and  agreed  to  be  made  are  declared  to  be  a  sub- 
stantial part  of  said  contract,  and  the  builders'  lien 
given  by  law  to  said  contractor  is  not  in  any  manner  to 
be  waived  by  the  taking  of  the  acknowledgments  of  in- 
debtedness aforesaid,  and  the  said  lien  shall  of  right  be 
attached  to  and  follow  said  acknowledgments  of  in- 
debtedness in  the  hands  of  third  persons. 

Art.  557.  Strike  out  section  5  of  said  Ordinance  No. 
6143,  C.  S.,and  insert  in  lieu  thereof  the  following: 

Funds.  (5)  That  it   is  hereby  made   the  duty  of  the  Comp- 

troller, or  auditing  officer,  and  of  the  Treasurer,  to 
set  apart  and  keep  as  a  distinct  fund  the  proceeds 
realized  from  the  sale  of  St.  Patrick's  Hall  and  of  the 
parish  prison,  and  of  the  moneys  or  collections  which 
shall  have  been  appropriated  in  each  year  pursuant  to 
this  ordinance  and  such  proportion  of  all  collections  of 
the  revenue  as  are  herein  agreed  to  be  appropriated  m 
the  budget  for  the  payment  of  the  acknowledgments  of 
indebtedness  aforesaid  shall  be  carefully  set  apart  by 
said  officers  as  collected,  and  shall  be  warranted  for  by 
said  Comptroller  and  paid  by  said  Treasurer  on  the  pre- 
sentation and  surrender  of  said  acknowledgments  of  in- 
debtedness, without  further  direction  or  ordinance  of 
appropriation. 
Accepting  bid     Art.  558.  That  the  plans  and  specifications  for  a  new 

°op^.*  ^'  °'^' courthouse  and   jail  presented  by  M,  A.  Orlopp,  Jr.,  of 
c?s!' ^**' ^^^^' Dallas,  Tex.,  be  and  the  same  are  hereby  accepted  and 

■'^P*'''"''^^*"  approved,  and  the  Mayor  be  and  he  is  hereby  authorized 
and   directed   to  enter   into  notarial  contract  with  the 


COURTHOUSES,  263 

said  M.  A.  Orlopp,  Jr.,  of  Dallas,  Tex.,  for  the  con- 
struction of  said  courthouse  and  jail  in  accordance  with 
the  plans  and  specifications  submitted,  together  with 
such  changes  as  may  be  suggested  by  the  joint  commit- 
tees on  finance,  etc.,  special  committee  on  new  court 
house  and  jail,  and  sub-committee  and  the  City  En- 
gineer, all  of  which  are  on  file  in  the  office  of  the  City 
Engineer,  and  as  per  his  bid  of  March  26,  1892. 

Art.  559.  That  Ordinance  No.  6273,  C.  S.,  be  and  the    Repealing 
same  is  hereby  repealed,  and  that  the  City  Surveyor,  in  ord.*'No'.  6636! 
accordance   with  provisions  of   the  city  charter,  be  and    Aug.  30, 1892, 
he  is  hereby  directed  to  superintend  the  construction  of 
the  new  court  and  jail  building  to  be  erected  by  the  said 
M.  A.  Orlopp,  Jr. 

Art.  560.  That  the  contractor  be  and   is  hereby  di-    Rrick  to  be 
rected  to  allow  all    of  the    Schillinger  pavement  to  be  °orcl"  No.  8619, 
done  by  the  city  of  New  Orleans,  and  that  the  contrac-  ^'f^n.  16, 1894. 
tor  be  directed  to  oil  all  of  the  pressed  brick  and  paint, 
all  of  the  rough  exterior  walls,  in  a  thorough  and  sub- 
stantial manner,  all  as  per  communications  between  the 
City  Engineer  and  contractor  under  date  of  January  4 
and  5. 

Art.  561.  That  the  contractor  release  the  city  of  New    city  released 
Orleans  from  any  and  all  claims  of  any  profit  on  account « t"'t  o^^'c  o  n°I 
of  laying  any  Schillinger  pavement  in  the  court-yards  or ''^*'^'°'''       ib. 
banquettes  of  the  new  courthouse  and  jail  building,  and 
will  do  all  the  oiling  of  the  pressed  brickwork,  as  also 
all  painting  of  the  rough  exterior  brickwork,  for  a  sum 
amounting  to  two  thousand   seven   hundred   and   fifty 
($2750)  in  excess  of  his  contract  price  of  $350,000. 

Art.  562.  That  the  Commissioner  of  Police  and  Pub-    signs. 
lie  Buildings  be  and  he  is  hereby  directed  to  cause  to  be    c."s.°*'°''^^  ' 
painted   signs,    indicative  of    the   dift'erent   courts  and     ""^  ^  > ' 
offices  in  the  Criminal  Courts  Building,  for  the  informa- 
tion of  the  public. 

Art.  563.  That  said  signs  be  put  on  the  transoms  or 
in  such  manner  and  style  as  may  be  required  by  judges, 
District  Attorney  and  others  requiring  such  signs. 

Art.  56'1.  That  said  Commissioner  do  also  cause  to  be  Bulletin  board, 
put   up  in  a  style  consonant  with    said   building   such  ^^' 


264  COURTHOUSES. 

bulletin  boards  at  the  entrances  of  said  building  as  wil 
enable  any  person  to  locate  any  office  or  court  in  said 
building  on  the  same  principle  as  the  directory  boards  in 
the  City  Hall. 
Sewer  con-     Art.  565.  That  the  Mayor bc  and  is  hereby  requested 
Ord.  No.  9041,  to  make  the  necessary  arrangements  for  the  connecting 
Apr.  24, 1894.  of  a  pipe  with  the  pipe   leading   to  the  river  from  the 
Charity  Hospital  for  the  discharge  of  the  sewerage  from 
the  new  courthouse  and  jail  buildings. 
Appropriating     Art.  566.  That   the    sum    of    six    thousand    dollars 
ord.°No.  9394.  ($6000),  or  as  much  thereof  as   may  be   necessary,  be 
July  3, 1894.    and  the  same  is  hereby  appropriated  from  the  new  court- 
house and   jail   building   fund   for  the  purchase  of  the 
right  from  Mr.  D.  H.  Holmes  to  connect  with  his  pipe 
at  the  intersection  of  Canal  and  Baronne  streets,  and  for 
the  making  of  the  connection  between  the  new  courthouse 
and  jail  building  and  the  pipe  of  Mr.  D.  H.  Holmes. 

Purchasing  property,  Ords.  Nos.  5463,  5586,  5744,  5785.  5902, 
5908,  5915,  6108,  6245,  6273. 

Providing  funds,  Ords.  Nos.  5794.  5804,  6108,  6245,  6252,  6981, 
7063,  7233,  7343,  7509,  7569,  7684,  7811,7859,7982,  8116,  8293,  8294. 
8874,  8903.  9056,  9119,  9249.  9293. 

Sale  of  debris,  Ord.  No.  6267. 

Plans  and  specifications,  Ord.  No.  7334. 

Appropriations,  Ords.  Nos.  6885)^,  7233. 

Extra  work,  Ords.  Nos.  7632,  7633,  7783,  7901,  7930,  8951,  9295. 

Approving  M^ork,  Ord.  No.  8820. 

Lights,  Ord.  No.  8195. 

Furniture,  Ords.  Nos.  8248,  8545,  8630. 

Schillinger  pavement,  Ords.  Nos.  9093,  9256,  9376. 

Iron  gates,  Ords.  Nos.  9103,  9428,  9711. 

Clock,  Ords.  Nos.  9391,  9392,  9565,  10,076,  11,228. 

Sewerage,  Ords.  Nos.  9393,  10,014,  10,063. 

Alterations,  Ords.  Nos.  9708,  9981. 

Additional  boilers,  Ords.  Nos.  10,527,  11,144, 11,351. 


CIVIL  COURT  BUILDINGS. 

Appointment     Art.  567.  That  the   Mayor  be  and  is  hereby  directed 

on*  wa7s""andto  appoiut  a  spccial  committee  of  seven  (7)  members  of 

*ord"No.  8332,  the  City  Council,  to  be  known  as   a  Committee  on  Civil 

*^'nov,  21,1893.  Courthouse  Construction,  which  committee  will  proceed 

at   once   to   thoroughly   investigate,  consider  and  adopt 

ways  and  means  for  the  carrying  to  a  successful  issue  the 

construction  of  a  new  courthouse  for  the  civil  judiciary 


DRAINAGE,  265 

Art.  568.  That  the  Mayor  be  and  he  is  hereby  requested    special  com 
and   authorized   to   appoint  a  special  committee  to  con-  c  i  vTi  oismo 
sist  of  (9)  nine  members  of  the  Council,  who,  together  o^rNo^'io.'i";^;^ 
with  the  Commissioners  of  Police  and  Public  Buildings,    Jan.*  a,  ,895. 
shall  constitute  a   Special   Committee  on  the  New  Civil       *"'   '^^' 
District  and   Supreme   Court   Buildings,  etc.,  to  whom 
shall  be  referred  all  matters,  of  any  nature  whatsoever, 
pertaining  to  the  contemplated  new  buildings  proposed, 
and  it  shall  be  their  duty  to  report  to  the  Council,  fron 
time  to  time,  on  such  matters  as  may  come  before  then 
as   more   fully   provided   for   under  the    rules   of  the 
Council. 


DAIRIES— See  Stables. 


DRAINAGE. 

See  Sec.  42,  City  Charter — (Repealing  All  Drainage 
Laws) — Lands  and  Levees. 

Art.  569.  It  shall  be  the  duty  of  the  Council,  as  soon  Duty  of  coun- 
as  practicable,  to  adopt  a  plan  for  the  thorough  draining  city  charter, 
and  keeping  dry  and  free  from  lake  and  river  water,  ^'^'  *^' 
and  the  rapid  carrying  off  of  rain  and  storm  water  for 
the  entire  area  of  the  city  of  New  Orleans.  In  adopting 
such  plan  of  drainage,  the  Council  shall  impose  a  specific 
assessment  for  local  improvements  not  exceeding  the  in- 
crease in  the  value  of  the  property  drained,  occasioned 
by  the  drainage.  In  estimating  the  increase  in  value 
the  assessment  on  the  assessment  rolls  of  the  year  after 
the  work  is  completed  shall  be  taken  as  the  value  after 
drainage,  making  allowance  for  improvements  destroyed 
or  erected.  That  such  local  or  specific  assessment  for 
drainage  shall  be  considered  as  a  payment  for  benefit 
conferred,  and  shall  have  a  first  privilege  on  the  prop- 
erty, superior  to  all  other  privileges  or  mortgages. 

Art.  570.  (1)  That  the  different  railroads  throughout  Removal  of 
the  city  shall  be  required  upon  being  notified  by  the stHngerl.  ***** 
Commissioner  of  Public  Works  to  cause  to  be  removed,  c.*s!  '  ^°'  ^**' 
within  forty-eight  hours  from  the  service  of  notice,  all    *^*=*- 7.  «884- 


266  DRAINAGE. 

timbers  or  stringers  of  any  description  used  in  the  con- 
struction of  railroads  and  which  may  be  declared  by  the 
said  Commissioner  of  Public  Works  to  be  obstructions 
to  a  free  and  uninterrupted  drainage ;  and  that  said  tim- 
bers, stringers,  etc.,  shall  in  every 'case  be  replaced  by 
iron  bars  or  plates,  or  by  any  material  suitable  for  the 
purpose,  under  the  direction  of  the  Commissioner  of 
Public  Works  and  City  Surveyor. 

Penalty,  Art.  571.  (2)  That   upon   failure  or   neglect  of  any 

'  company  to  remove  obstructions  of  the  kind  herein  speci- 
fied in  section  one  hereof,  and  within  the  time  specified, 
.  it  is  herewith  made  the  duty  of  the  Commissioner  of 
Public  Works  to  have  the  same  removed  as  soon  as  prac- 
ticable thereafter  at  the  risk  and  expense  of  the  com- 
pany. 

Under  whose     Art.  572.   (3)  That  in  the   construction  or  repairing 

supervision.  o      n    i      •  t  i  ,  i   .    i  .,  t 

lb.  of  all  bridges,  or  culverts  over  which  railroad  tracks 
are  laid,  the  work  shall  be  perform ed^and'carried  on  to 
completion  under  the  direction  of  the]^Commissioner  of 
Public  Works,  and  in  accordance  with  specifications  to 
be  prepared  by  the  City  Surveyor  and  kept  on  file  in  his 
office. 
Repealing     Art.  573.  (4)  That  this  ordinance    shall   take  effect 

clause.  ^     ^  . 

lb.  from  and  after  its  passage,  and  that  all  laws  or  parts  of 
laws  in  conflict  herewith  be  and  the^same[are  herewith 
repealed. 
Provision  for     Art.  574,  That,  by  and  with  the  approval  of  the  Board 
surv^y^.'^*''  ^'^^  of   Liquidation,    the   sum   of    seventeen  thousand   five 
C.S.'    °' ^'^°' hundred   dollars    ($17,500)    from   that   portion  of   the 
Jan.  31.1893.  g^j^.p|^g  lj^  ^Yie  hands  of  said  board,  which,  by  section  10 
of  Article  110,  of  the  Acts  of  the  Legislature  of  1890,  is 
dedicated  for  public  improvements, *^be  and  is  hereby 
appropriated  for  the  making  of  a  thorough  and  complete 
topographical  survey  of  the  city  of  New  Orleans,  and  to 
obtain  all  the  necessary  data  requisite ^for  the  formulat- 
ing of  a  complete  plan  of  drainage. 
City  Engineer     Art.  575.  That,   immediately  the]  information .  is  ob- 
plans!'' "  'Hained,  the  City  Engineer  will  prepare  and  submit  to  the 
^^"  Council  of  the  city  of  New  Orleans  a  complete  and  com- 
prehensive  plan,   with   sufficient   detail,   to  enable  the 


DRAINAGE.  267 

plan  to  be  thoroughly  understood,  and  in  such  form  as 
to  designate  the  manner  in  which  the  work  can  be 
executed  by  degrees,  as  money  may  be  appropriated 
from  time  to  time  for  the  purpose  of  drainage,  so  that 
such  money  as  is  spent  will  be  toward  the  ultimate 
completion  of  the  complete  plan. 

Art.  576.  That  the  Mayor  shall  appoint  three  (3)  com-    Mayor  to  ap 
petent  engineers  to  form  an  advisory  board  of  engineers  B^Trd.^^'^"**"^'^ 
for  the  purpose  of  approving. or  disapproving:  of  the  planj^sl'  ^°'  "^°' 
proposed  by  the  City  Engineer  for  the  making  of  the    ^^'''  ^^'  '^•'* 
topographical  survey  of  the  city  of  New  Orleans,  and 
obtaining    information   necessary    for  the   formulating 
of  a  plan  of  drainage,  as  also  to  thoroughly  investigate 
and  pass  upon  such  plan  of  drainage   as  may  be  sub-    Their  duties. 
mitted  to  the  City  Council  for   approval,  the  compensa- 
tion of  this  Board  of  Expert  Engineers  to  be  paid  out  of 
the  fund  provided  for  in  this  ordinance,  which  compen- 
sation is  to  be  fixed  by  the  Mayor,  the  chairman  of  the 
Water  and  Drainage  Committee,  and  the  chairman  of  the 
Finance  Committee  of  the  City  Council. 

Art.  577.  That  the  City  Engineer  shall  confer  with  the  city  Engineer 
Mayor  as  to  the  expenditures,  and  will  report  every  two  council*  ^'^ 
weeks  to  the  Council  of  the  city  of  New  Orleans  of  the  as!'  ^°'  ^'^°' 
progress  of  the  work  and  expenses  of  same. 

Art.  578.  That  the  sum  of  one  hundred  and  twenty-    setting  aside 
five  thousand   dollars,  paid  or  to  be  paid  by  the  New  f  oT'VlrnagI 
Orleans  Traction  Company,   Limited,  under  ordinance ''ord° No.  7543, 
No.  7472,  Council  Series,  for  franchise  of  street  railroad  ^Mky 9, 1893. 
as   provided   by  Ordinance  No.  7036,  Council  Series,  be 
and  the  same  is  hereby  appropriated  and  set  aside  to  be 
used  exclusively  for  drainage  purposes. 

Art.  579.  That   from   and  out  of  the  surplus  of  the  Appropriations 
taxes  of  1892  to  be  derived  by  the  city  from  the  Board    ihYcai°urf5: 
of  Liquidation,  the  sum   of  $17,500  be  and  the  same  isc.'S*^"'  ^'^'' 
hereby  appropriated  for  and  to  be  applied  exclusively  to    ^"^  '^'  ^^^' 
the  expenses  of  topographical  surveys,  plans  of  canals, 
drains,  excavations,  machinery,  or  other  objects  neces- 
sary for  drainage  expenditure,  said  sum  to  be  expended 
under  such  supervisions  and  restrictions  as  the  Council 
shall  prescribe. 


268  DRAINAGE. 

Creating  drain-      Art.  580.  That  the  sum  of  seven  hundred  thousand 

s 
O 
C. 


o^r^^  No"  8327,  ($700,000)  dollars,  derived  from  the  sale  of  the  franchises 


Nov.  21, 1893.  of  city  railroads  acquired  by  Henry  Bier,  be  and  the 
same  is  hereby  created  a  sacred  fund  to  be  devoted  ex- 
clusively and  solely  for  drainage  purposes. 

Board.  Art.  581.  That  the  plans  for  the  preliminary  topo- 

graphical survey,  if  the  hereinafter  Advisory  Board 
should  deem  the  same  necessary,  as  well  as  any  plans  of 
survey  or  plans  of  drainage  offered  by  civil  engineers 
or  other  parties,  shall  be  submitted  to  the  Advisory 
Board,  to  be  composed  of  Mr.  H.  B.  Richardson, 
present  Chief  State  Engineer,  Major  B.  M.  Harrod,  Mr. 
Rudolphe  Hering,  Mr.  R.  M.  Walmsley,  Mr.  J.  C. 
Denis  and  Mr.  Edward  Fenner  (Albert  Baldwin)  for 
approval  or  recommendation  by  said  board  to  the  City 
Council;  provided,  that  no  plan  of  drainage  shall  be 
finally  adopted  by  the  said  Advisory  Board,  unless  it  re- 
ceives the  approval  of  a  majority  of  the  aforesaid  City 

v  ac  an cies Council.  In  casc  of  the  death  of  any  member  of  the 
Advisory  Board  herein  named,  the  other  member  shall 
select  another  person  to  act  with  them. 
Clerk  to  notify  Art.  582.  That  the  Clerk  of  the  Council  is  hereby 
lb.  instructed  to  send  a  notice  to  the  members  of  the  afore- 
said Advisory  Board  of  the  meetings  of  the  Committee 
on  Drainage,  in  order  that  said  members  may  be  ad- 
vised and  enabled  to  be  present  at  said  meetings. 

Plan  of  drain      Art.  583.  That  thc  plan  of  drainage  as  submitted  by 
ord^No^^o^ggi.the  Advisory  Board  be  and  the  same  is  hereby  approved 

July  10, 1895.  and  accepted  and  made  the  plan  of  drainage  to  be  put 
in  execution  in  the  city  of  New  Orleans,  w^ith  this  excep- 
tion. 

Broad  street     That  the  Broad  street  canal  and  the  provisions  made 
canal.  thcrcfor,  in  making  it  the  main  canal  for  the  drainage 

system,  ber  amended  so  as   to  conform   to  a  plan    sub- 
mitted by  the  City  Engineer,  providing  for  the  covering 
of  same. 
Report  ot  Ad-     Art.  584.  That  the  plan  and  system  of  drainage  for 

Is^°7niended  the  city  of  New  Orleans,  as  recommended  in  their  report 

adopted.  i^y.  ^YiQ  Advisory  Board  on  drainage  for  the  city  of  New 
Orleans  and  as  amended  by  plans  of  the  City  Engineer 


DRAINAGE.  269 

relating  to  the  covering  of  the  main  canal  on  Broad  street, 
be  and  the  same  are  hereby  approved  and  ratified  by  the 
Common  Council  of  the  city  of  New  Orleans, 

Art.  585.  That  the  City  Engineer  be  and  he  is  hereby  city  Engineer 
directed  to  prepare  detailed  plans  and  specifications  for  p°ia'ni'and 
the  execution  of  the  work  as  provided  in  this  ordinance.    Iwls  * 

And  the  said  City   Engineer  is  hereby   authorized   to  city  Engineer. 
draw  for  the  cost  of  the  preparing  of  said  detail  plans    draw  for  pay- 
and  specifications,  and  continuance  of  said  bureau  from    ™f*"pre°parkig 
the  funds  in  the  treasury  of  the  city  of  New  Orleans  set    ^  *"^" 
aside  for  drainage  purposes,  and  the  Comptroller  be  and 
he  is  hereby  directed  to  transfer  the  sum  of  ($5000)  five 
thousand   dollars   from   amount  set  aside  for   drainage 
purposes  in  accordance  therewith. 

That  out  of  the  sum  of  $17,500  appropriated  for  the 
surplus  in  the  hands  of  the  Board  of  Liquidation,  under 
section  10  of  article  110  of  the  Acts  of  the  Legislature 
of  1890,  for  the  purpose  of  providing  for  the  drainage  of 
the  city  of  New  Orleans. 

That  the  sum  of  $14,000  or  so   much  thereof   as   is  ord.  No.  7571, 
necessary     be      and     the    same    is    hereby   appropri-  ^^MJy  10, 1893. 
ated  for  the  making  of  a  topographical  survey  of  the 
city  of  New  Orleans  herein  provided  for. 

Ordinance  6688,  C.  S.,  repeals  Ordinance  6407,  C.  S.,  setting 
aside  certain  funds  for  drainage  purposes,  under  Act  110  of  1890. 

Art.  586.  That  permission  be  and  is  hereby  granted  Authorizing 
to  the  City  Engineer  to  secure  the  services  of  Messrs.  {^'  Lcur"^' "e?^ 

jf  certain 


;  o  r  : 


as  consulting  or  advisory  engineers  on  the  plans    and  g°n|ers!"^  *" 
specifications  for  the  drainage  which  he   is  now  prepar- c.'^s/^°"'''^ 

•jjg  Oct.  22,    £895. 

Art.  587.  That  the  remuneration  for  the  services  of  Ren,un^.ration. 
these  engineers  be  approved  by  his  Honor,  the  Mayor,  ^^' 

and  paid  out  of  the  funds  set  aside  for  the  drainage   of 
the  city  of  New  Orleans. 

Appointment  of  Commission  and  defining  its  powers,  Ord.  No. 
3555. 

Ordering  election  on  tax,  Ord.  No.  3688. 

Drainage  pumps,  Orleans  and  Bienville,  Ords  Nos.  2369, 
5746,  C.  S. 

Fifth  District,  Ord.  No.  4272,  C.  S. 


270  DRAINAGE. 


Bienville  and  Melpomene,  Ord.  No.  8235,  C.  S. 

Advertising  proposals,  Ord.  No.  5753,  C.  S. 

Drainage  account,  Ord.  No.  3508,  C.  S. 

Drainage  of  section  between  Canal  and  Toulouse  streets,  Ord. 
No.  4556,  C.S. 

Closing  drains  on  both  sides  Belt  R.  R.  on  Louisiana  avenue, 
Ord.  No.  5440,  C.  S. 

Ordinance  No.  1530,  New  Series.     Approved  August  18, 1869. 

Ordinance  No.  4376.  Approved  in  1859,  and  ordinance  No. 
5687.  Approved  1861.  Surveyor  to  take  ctiarge  of  all  the  drain- 
ing machines. 

Ordinance  No.  6375.  Approved  in  1865;  6391  approved  in 
1865.  and  ordinance  No.  2,  New  Series,  relate  to  the  contracts  for 
running  the  draining  machines. 

Ordinance  No.  4775.  Approved  July  30, 1859,  made  it  the  duty 
of  City  Treasurer  to  collect  amounts  due  by  property  holders  for 
draining. 

Ordinance  No.  5250.  Approved  July  9,  1860,  relates  to  office 
for  the  Draining  Commissioners. 

Ordinance  No.  362.  Approved  December  24,  1866.  Surveyor 
to  take  charge  of  the  draining  machines. 

Ordinance  No.  481,  New  Series.  Approved  February  26,  1867. 
Sale  of  contract  for  digging  draining  canal  for  Bienville  street 
draining  machine,  in  place  of  Bayou  St.  John. 

Ordinance  No.  613,  New  Series."  Approved  June  18,  1867.  Re- 
lating to  Bienville  street  draining  machine. 

Ordinance  No.  618.  New  Series.  Approved  June  18,  1867.  Re- 
lates to  London  avenue  draining  machine. 

Ortinance  No.  1113,  New  Series.  Approved  November  4,  1868, 
and  1401  New  Series.  Approved  May  1,  1869.  Relative  to  open- 
ing and  widening  Orleans  street  for  drainage. 

Ordinance  No.  1218,  New  Series.  Approved  January  9,  1869. 
Directing  Surveyor  to  cut  ditches  on  both  sides  Dumaine  street 
for  draining  purposes. 

Ordinance  No.  1453,  New  Series.  Approved  May  21,1869.  To 
construct  dredgeboats  for  use  in  draining.  See  also  ordinance 
1529,  New  Series.     Approved  August  1,  1869. 

No.  3364,  relating  to  machine  in  Third  District. 

No.  3527,  relating  to  draining  companies. 

No.  3584,  Surveyor  to  take  charge  of  machine  in  First  District. 

No".  3731,  release  of  claims  of  New  Orleans  in  favor  of  certain 
partieis. 

Nos.  4149,  4163,  4440,  levees  and  drains. 

No.  4468,  draining  machine  for  Third  District. 

Nos.  4438,  4467,  appropriation  for  machines  and  levees,  Fourth 
District. 

No.  5691,  neglect  of  Commissioners  to  comply  with  statutes. 

ACTS  OF  THE  LEGISLATURE. 

For  statutes  incorporating  New  Orleans  and  Ship  Island  Canal 
Company,  see  act  approved  October  27,  1868,  p.  185,  No.  148. 

For  acts  repealing  all  laws  creating  draining  districts  in  Or- 
leans, etc.,  see  Act  1869,  No.  51,  p.  49. 

See  also  Act  of  1835,  p.  67;  1855,  No.  118,  p.  124;  1858,  No.  165, 
p.  114;  1859,  No.  56,  p.  45;  1860,  No.  205,  p.  150:  1861,  No.  33, 
p.  24;  1861,  No.  34,  p.  25;  1861,  No.  57,  p.  43;  1866,  No.  136,  p. 
264. 


DETECTIVE  AGENCIES.  271 

Decisions  of  Siphemk  Court. 

Gutters  and  drains  in  the  city  of  Xew  Orleans  are  intended  to 
carry  off  the  water  which  falls  from  rains,  or  percolates 
through  the  ground,  and  they  can  be  used  by  manufacturers  as 
drains  only  when  that  use  does  not  result  in  a  nuisance ;  and  this 
right  is  dependent  upon  the  will  of  the  local  government.  5  An., 
p.  424. 

In  Eleventh  Annual  Report,  p.  338,  the  whole  subject  of  drain- 
ing and  drainage  taxes  is  fullj^  and  ably  discussed. 


DEAD  ANIMALS— See  Health. 


DEAD  BODIES— By  Violence. 
See  Health  and  Quarantine. 

Art.  588.  That  whenever  any  person  shall  have  come    Not  to  bedis. 
to  his  death  by  violence,  or  whenever  the  cause  of  death  ^Vd.'No.  6720, 
of  any  person  shall  be  unknown,   it  shall  be  unlawful    sept.  19, 1892. 
after  the  death  of  such  person  to  touch  or  remove,  or  in 
any  manner  to  disturb  or  alter  the  position  or  appear- 
ance of  the  dead  body  until  the  same  shall  have  been 
viewed  by  the  Coroner;    provided,  that  any  person  who 
shall  have  knowledge  of  a  drowned  person,  or  shall  find 
a  corpse  adrift,  shall  be  authorized  to  take  it  ashore, 
and  shall  be  required  to  cause  notice  to  be  given  to  the 
Coroner  of  the  parish  of  Orleans. 

Art.  589.  That  whoever  shall  violate  the  provisions  of 
this  ordinance  shall  suffer  imprisonment  in  the  parish 
prison  for  a  term  not  to  exceed  thirty  days,  or  be  sub- 
jected to  a  fine  of  $25,  or  both,  at  the  discretion  of  the 
Recorder  having  jurisdiction. 


DEAF,    DUMB   AND   BLIND  ASYLUM- 

See  Almshouses,  Etc. 


DETECTIVE  AGENCIES. 

Art.  590.  That  it  shall  be  unlawful  for  any  person, 
unless  he  is  authorized  and  commissioned  as  hereinafter 


272  DETECTIVE  AGENCIES. 

Unlawful  to  provided,  to  act  as  a  private  detective   or  private  police 

s^eif°  out   as^^a  officcr  or  policc  agent,  or  to  hold  himself  out  to  the  public 

futhoHzed!  ""'as  such  private  detective,  private  police  officer,  or  police 

c  s!"  '^°*  ^'  '^' agent,  or  to  keep,  or  maintain  or  carry  on  or  participate 

Mar,  31, 1891. -^   the   carrying  on,  the   business  of  a  private  detective 

agency ;  provided,  however,  that  this  ordinance  shall  not 

apply  to  any  person  who  acts  in  any  particular   matter, 

as   an   amateur   detective  in  the  public  interest,  without 

compensation. 

Penalty,  Art.  591.  That  any  person  violating  this  ordinance 

'  shall  be  liable,  on  conviction  before  the  proper  Recorder, 

to  a  fine  of  twenty-five  dollars,   or  imprisonment  for 

thirty  days,  or  both,  or  by  imprisonment  for  thirty  days 

in  default  of  the  payment  of  the  fine. 

Separate  of-     Art.  592.  That  cach  and  every  day  in  each  and  every 

fences.       ^^  separate  case  in  which  any  person  shall  act  in  violation 

of  the  provisions  of  this  ordinance  shall  be  considered 

a  separate  offence,  and  shall  be  punished  as  such. 

Application  to     -^RT.  593.  (4)  That  any  pcrsou  desiriug  to  actas  private 
c  u  y  Coun- (jg^gg^yg   iu   tMs  City,  or   to  establish  and  maintain  a 
^oro.  No.  5260,  private  detective  agency  herein,  shall  make  application 
Apr.  31, 1891.  ju  writing  to  the  City  Council.     If  the  Council  approve 
the  application  by  proper  resolutions,  then  the  Mayor 
shall  commission  the  applicant  upon  his  giving  bond  in 
Bond.  the  sum  of  five  thousand  dollars,  with  two  sureties  satis- 

factory to  the  Mayor,  conditioned  that  he  and  all  his 
employees  will  faithfully  perform  their  duties  to  his 
constituents  and  obey  the  provisions  of  this  ordinance ; 
any  i)erson  aggrieved  shall  have  remedy  on  said  bond, 
and  it  shall  be  renewed  every  two  years ;  if  not  renewed 
at  its  expiration,  the  Mayor  shall  recall  and  cancel  the 
commission  issued  by  him. 

Take  effect.       Art.  594.  (5)  That  this  ordinance  shall  take  effect  from 
^ord.  No.  S187,  and  after  its  passage. 

Repealing     Art.  595.  (6)  That  all  laws  or  parts  of  laws  in  conflict 
clause.        ^^  ^j^^j^  ^j^g  provisions  of  this  ordinance  be  and  the  same 
are  hereby  repealed. 


DRIVERS  AND   DRIVING.  273 


DISTRICT  ATTORNEY. 

Fees  to  be  budgeted  and  paid  by  city  of  Xew  Orleans.  Act  41 
of  1884,  p.  47. 

Fees,  when  payable.     Act  135  of  1890,  p.  176. 

Fees  fixed.  Act  29  of  1890,  p.  23;  Art.  134  of  Constitution  of 
State  of  Louisiana. 


DITCHES— See  Fences. 


DRIVERS  AND  DRIVING. 

See  Funerals,  Streets  and  Railroads. 

Art.  596.  Any  drayman,  carter  or  other  driver  of  Fast  drivingri 
any  cart,  dray,  wagon,  tumbril,  lumber  cart,  wood  cart,  o.  s." 
brick  cart,  or  other  vehicle  whatever,  public  or  private, 
who  shall  be  guilty  of  running  his  horse  or  horses,  mule 
or  mules  through  any  of  the  streets  of  the  city  of  New 
Orleans,  or  driving  at  a  faster  gait  when  loaded  than  a 
walk,  and  when  not  loaded  at  a  greater  speed  than  a 
slow  trot  or  pace,  or  shall  turn  any  corner  faster  than  a 
walk,  shall  be  arrested  and  caused  to  pay  a  fine  at  the 
Recorder's  office  of  either  of  the  districts  of  this  city  of 
from  ten  to  twenty-five  dollars  for  each  offence ;  and  in 
default  of  payment  of  the  above  fine,  the  said  driver 
shall  be  imprisoned  for  a  term  of  not  less  than  seven 
nor  more  than  fourteen  days.  And  it  shall  be  the  duty 
of  the  Chief  of  Police  to  place  a  competent  force  on  the 
principal  thoroughfares  of  the  city,  to  enforce  the  pro- 
visions of  the  above  ordinance ;  and  it  shall  be  the  duty 
of  the  officer  making  such  arrest  to  have  the  vehicle 
and  animal  or  animals  placed  in  the  nearest  city  pound 
for  safety  until  called  for  by  the  owner. 

Art.  597.  All  owners  or  drivers  of  carts  or  wagons,  what  vehicles 
or  other  vehicles  used  in  selling,  conveying  brick,  bread,    '"'^'"  ^^"  ib. 
beer,  porter,  ale,  water,  etc.,  within  the  limits   of  the 
city  shall  be,  and  are  hereby  declared  to  be,  liable  to 
the  same  regulations  and  liabilities  as  the  owners  and 
drivers   of   drays,  carts,  etc.,  are  by  the   present  ordi- 


274  DRIVERS   AND   DRIVING. 

Speed.  nances;    and   they    are   expressly   forbidden   to    drive 

through  any  of  the  streets  or  roads  of  the  city  at  a 
speed  greater  than  a  slow  trot,  or  turn  the  corner  of  a 
street  or  road  at  a  gait  faster  than  a  walk,  under  the 
penalties  and  fines  imposed  by  the  preceding  article. 

Must  keep  to  Art.  598.  It  shall  be  the  duty  of  all  draymen,  carters, 
lb.  coachmen,  and  all  other  drivers  or  persons  driving  any 
coach,  carriage,  cab,  hack,  gig,  buggy,  wagon,  dray,  cart, 
tumbril  or  other  vehicle  whatever,  whenever  meeting  any 
other  carriage  or  vehicle,  or  any  person  on  horseback,  to 
take  the  right  side  of  the  street  or  road  they  may  be  in 
until  such  carriage  or  vehicle  or  person  on  horseback 
shall  have  passed,  or  until  they  have  passed  such  car- 
riage or  person ;  and  any  person  failing  to  do  so,  or  in 
any  manner  contravening  this  article,  shall  pay  a  fine  of 
not  less  than  five  nor  more  than  twenty-five  dollars. 

Duty  of  driver     Art.  599.     That   if  any  accidcut  Or  iujury  shall   hap- 
in  case  of  ac-  J.    a  J    •  J.  1 
cidents.         pen   on  account  of  any  dairyman  or  cartman,  horse  or 

horses,  mule  or  mules,  dray,  cart,  coach,  cab,  gig,  buggy 
or  other  carriage  whatever,  while  running,  coming  in 
contact  with  any  person,  it  shall  be  the  duty  of  such 
coachman,  drayman,  carter  or  other  driver  to  stop  and  to 
render  assistance,  if  necessary,  and  to  give  his  name  and 
place  of  abode,  and  number  of  his  carriage  or  vehicle ; 
and  in  default  thereof  he  shall  pay  a  fine  of  from  ten  to 
twenty-five  dollars,  or  be  imprisoned  from  seven  to  four- 
teen days. 
Keep  their     Art.  600.     Every   drayman,  cartman  or  other  driver 

*^*'^'  lb.  of   ^^J  <iray,   cart,  wagon,  car  or  other  vehicle,  is  ex- 

pressly  forbidden,    when   driving  through  any  of  the 
streets  or  roads  of  said  city,  to  leave  their  seats  or  quit 
hold  of  their  reins,  under  penalty  of  a  fine  of  ten  dol- 
lars for  each  contravention. 
Violence  or     Art.  601.  Any  proprietor,  owner  or  driver  of  a  dray, 

gu^ge."^  ^"  cart,  hack,  carriage  or  any  other  vehicle  whatever,  who 
shall  use  violence  or  insulting  language,  or  who  shall 
oppose  an  unlawful  resistance  to  any  of  his  passengers 
or  employers,  or  any  of  the  citizens,  shall,  on  conviction 
thereof,  pay  a  fine  of  twenty-five  to  one  hundred  dollars. 
Art.  602.  It  shall  not  be  lawful  for  any  owner  of  any 


DUST.  275 

public  cab  or  carriage  to  drive,  or  cause   to   be  driven,    Minors  driv. 
any  cab  or  carriage  by  any  person  under  fifteen  years  of '"<frd.  no.  1722, 
age  within  the  limits  of  the  city ;  nor  shall  it  be  lawful  6rd.  No.  5222, 
to  employ  more  than  one  person  to  drive  any  cab  or  car-    juiv,  1854. 
riage,  or  to  ride  upon  the  seat  or  box  of  said  cab  or  car- 
riage, unless  a  passenger;  nor  shall  it  be  lawful  for  any 
owner  or  driver  of  any  cab  or  carriage  to  leave  his  or 
their  cab  or  carriage,  or  be  at  a  greater  distance  than  ten 
feet  from  the  same,  under  a  penalty  of  twenty-five  dol- 
lars for  each  and  every  offence,  recoverable  as  aforesaid. 

Art.  603.  That  if  any  driver  of  any  of  the  cars  belong- 
ing to  any  of  the  railroads  in  the  State  of  Louisiana 
shall,  by  his  imprudence,  negligence,  or  want  of  skill, 
cause  any  injury  to  any  person,  whether  a  passenger  on 
said  car  or  not,  he  shall  be  deemed  guilty  of  a  felony, 
and  on  conviction  thereof  shall  suffer  a  fine  not  exceed- 
ing five  hundred  dollars,  and  imprisonment  not  exceed- 
ing one  year,  at  the  discretion  of  the  court. 

Car  Drivers  at  Intersections — See  Eailroads. 


DUST. 


Ahatement    o  f 


Art,  604.  That  hereafter  it  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  operate  any  electric,  trol-  "dusl 
ley  or  other  cars   or  trains  on   the   streets  of  this  city    c.'s. 
without  first  providing  in  some  reasonable  manner  for       "'^  ^' ' 
the  abatement  of  the  dust  caused  by  the  running  of  their 
cars. 

Art.  605.  That  the  companies,  firms  or  persons  now    Timegranted 
operating  in  this  city  be  and  they  are  hereby  granted  o°d^u.Tnce.^" 
thirty  days  from  the  promulgation  of  this   ordinance  to    Amended  by 
thoroughly  comply  with  its  provisions.  c!s.   °''°'^  ^' 

May  21,  1895. 

Art.  606.  That  any  person, firm  or  corporation  violating 
this   ordinance   shall   be    fined    twenty-five   dollars    or    p^j^^^ 
thirty  days  in  jail,  or  both,  at  the  discretion  of  the  court  i^- 

having  jurisdiction,  and   in   default  of  payment  of  the 
fine  to  an  additional  imprisonment  of  thirty  days. 


276  ELECTIONS. 

DRUGGISTS— See  Medicine,  Surgery,   Etc. 


ELECTIONS. 

Act  of  Legislature. 

Division  of     Sec.  11.     Be  it  further   enacted,   etc.,  On  or    before    the  first 

Odellfs°^inl'^^^°*^^y  in  October,  1894,   the  city  government  of  Xew  Orleans 

section    pre-  shall,  by  Ordinance,  divide  the   said  city  into  election  precincts 

the  City  Coan-  within  the  different  wards,  and  for  that  purpose,  by  ordinance,  so 

the'°eto*h^w^''^^°S^  the  boundaries  of  the   wards  as  may  be  deemed  conve- 

wards  shall  be  nient  for  the    purpose    of  establishing  the  election  precincts, 

election  p"  e°  which,   when  established.  Shall  be  the  boundaries  of  the  wards; 

change*  ^of  the  ®^^^  ^*  ^^^^  precincts  to  be  composed  of  contiguous  squares,  and 

division    to  be  each   precinct  to  be  so  arianged  as  to  contain  400  registered  vo- 

^x^nont^spre-  ters  as  nearly  as  practicable  as  shown  in  the  next  preceding  reg- 

V  i  o  u  s  t «  any  istration ;  they  shall  establish  one  polling  place  only  in  each  pre- 

tion,  cinct  and  shall  establish  precincts  in  each  ward,  and  shall  cause  to 

1894?*  '  ^ '   °    ^^  published  an  accurate  description  of  the  ward  boundaries  and 

election  precincts  above  referred  to  within  ten  days  before  any 

election;   they  shall,  by  publication  in   three  daily  newspapers, 

give  notice  of  the  location  of  the  polling  places  in  each  precinct, 

which  polling  places   shall  be  as  nearly  as  possible  in  the  centre 

of  the  precinct ;  the  boundaries  and  precincts  to  be  fixed  as  above, 

not  to  be  changed  within  six  months  prior  to  any  general  election. 

Election  to  be     Sec.  12.     Be  it  further  enacted,  etc.,  That  the  election  of  each 

by^six^commi^s- Poll^iig  place  Shall  be  presided  over  by  six  commissioners  of 

sioners  assisted  election,  assisted  by  two  clerks  of  election,  resident  and  qualified 

by    two    clerks  i  j  ■>  i 

at  each  polling  voters  of  the  precinct  in  which  they  are  to  act.     The  six  commis- 
a'p"o  i  ntmVnt  sioners  shall  be   appointed  not   less  than   ten  days  prior  to  any 
an  d  quaiifica-  election,  as  hereinafter  provided.   Said  commissioners  of  election 
shall  be  selected    from  opposing    political   parties;   provided, 
there  be  a  sufticient  number  of  each  political  part}^  resident  in  the 
several  precincts  competent  to  fill  said  oftices.    That  each  politi- 
cal party  shall  have   the  right   to  designate   one  person  at  each 
election  precinct,  who  shall  at  all  times  have  access  to   the  poll- 
ing booth  for  the  purpose  of  witnessing  the  voting  as  well  as  the 
counting  of  the  votes. 
Manner  of     Sec.  16.  Be  it  further  enacted,  etc.,  That  at  any  election  in  the 
e°ec  tiVn'm  P^^'isti  ^^  Orleans  the  Board  of  Supervisors  of  Election,  which 
New  Orleans,    gaid  board  shall  consist  of  three  members  to  be  constituted  as  fol- 
lows :  one  appointed  by  the  Governor,  one  to  be  the  Registrar  of 
Voters  of  the  parish  of  Orleans  and  the  other  to   be  the  Civil 
Sheriff,  shall,  in  appointing  the  commissioners  and  clerks  of  elec- 
tion, divide  the  six  commissioners  and  two  clerks  into  two  sets, 
designating  by  name  the  appointees  who  shall  form  set  No.  1,  and 


ELECTIONS.  277 

the  other  No.  2,  each  set  consisting  of  three  commissioners  and 
one  clerk.  That  on  the  opening  of  the  polls,  set  Xo  1  shall  re- 
ceive the  votes  and  conduct  the  election  during  the  first  four  hours, 
using  one  of  the  ballot  boxes  for  that  purpose,  and  at  the  end  of 
the  first  four  hours  the  said  commissioners  and  clerks  shall  re- 
move the  ballot  box  to  the  rear  of  the  polling  booth,  but  within 
the  room  within  which  the  booth  is  located,  and  there  proceed  to 
count  the  ballots  therein  and  enter  on  the  tally  sheet  the  total 
number  of  votes  cast,  the  result  of  said  election  during  the  first 
four  hours,  which  result  they  shall  post  in  front  of  the  poll  so 
soon  as  ascertained  for  public  inspection,  giving  the  names  of  the 
candidates  and  the  votes  cast  and  counted  for  each.  When  said 
count  for  the  first  four  hours  is  in  process  of  being  counted  the 
ballots  thus  counted  shall  each  be  called,  be  strung  on  a  string, 
cord  or  twine,  and  they,  together  with  the  tally  sheet  for  the  first 
four  hours,  shall  be  safely  deposited  in  some  place  within  the  poll ; 
when  the  first  set  of  commissioners  and  clerks  shall  have  retired 
to  the  rear  of  the  polling  place  at  the  end  of  the  first  four  hours, 
the  second  set  of  commissioners  shall  place  the  second  ballot  box 
in  position,  and  shall  proceed  to  conduct  the  election  during  the 
second  four  hours,  and  at  the  termination  thereof  shall 
in  the  same  manner  retire  and  count  the  ballots  therein 
and  perform  in  like  manner  the  duties  hereinbefore  laid 
down  for  the  first  set,  who,  at  the  termination  of  the  second  four 
hours,  shall  replace  the  second  set  in  the  conduct  of  the  election 
for  the  third  four  hours,  again  retiring  at  the  termination  thereof 
and  being  replaced  by  the  second  set,  and  said  two  sets  of  com- 
missioners and  clerks  shall  go  on  receiving  the  ballot,  making  the 
count  and  tally  thereof  and*  performing  the  other  duties  required 
by  law,  always  alternating  each  four  hours  in  the  conduct  of  the 
election  in  the  manner  hereinbefore  provided ;  the  commissioners 
last  on  duty  on  the  day  of  election  shall  serve  for  five  hours  in- 
stead of  four;  that  it  shall  be  the  duty  of  the  commissioners  of 
election  at  each  polling  place  to  keep  a  list  of  the  persons  voting 
at  such  polling  place,  which  list  shall  be  numbered  from  one  to 
the  end;  and  said  list  so  kept  and  numbered  as  aforesaid  shall  be 
signed  and  sworn  to  as  correct  by  the  commissioners  immediately 
on  the  closing  of  the  polls  and  before  leaving  the  place  or  open- 
ing the  ballot  box  containing  the  ballots  deposited  in  the  last 
hour;  if  no  officer  authorized  to  administer  oaths  be  present  to 
administer  the  oath  to  the  commissioners,  it  may  be  adminis- 
tered by  any  voter,  or  if  no  voter  be  present  by  the  commission- 
ers to  each  other.  Immediately  after  taking  the  oath  as  afore- 
said the  commissioners  shall  proceed  to  open  the  ballot  box  used 
during  the  last  hour  and  count  the  votes  therein,  and  shall  per- 
form the  other  duties  hereinbefore  laid  down  as  for  any  other 
hour  of  the  election,  all  in  the  presence  of  any  voter  or  voters 
who  may  desire  to  be  present. 


278  ELECTIONS. 


Special  Elections. 

How  and  in  SECTION  1.  That  whenever  oue-third  of  the  property  taxpayers 
tax  *o  "afaTn  of  ^.ny  parish,  city  or  incorporated  town  in  this  State  shall  peti- 
the  J^  ?''k.  o  t  tion  the  police  jury,  municipal  or  town  authorities  of  their  par- 
provement  o  r  ish,  city  or  town,  to  levy  a  special  tax  in  aid  of  any  work  of  pub- 
prise  ^shau^  be  lie  improvement  or  railway  enterprise,  the  said  police  jury,  mu- 
levied    in   any  nicipal  or  town  authorities  shall  order  a  special  election  for  that 

parish,    city  or  ^  ^ 

town.  purpose  and  submit  to   the   property  taxpayers  of  their  parish. 

''^iSSa"'  ^'^  ^^  ei^y  o^  town,  entitled  to  vote  under  the  general  election  laws  of 
the  State,  the  rate  of  taxation  and  the  purpose  for  which  it  is  in- 
Proviso.  tended :  provided,  saidelection  be  held  under  the  general  election 
laws  of  the  State  at  that  time  in  force,  and  at  the  polling  places 
at  which  the  last  preceding  general  election  was  held,  and  not 
sooner  than  thirty  days  after  the  official  publication  of  the  peti- 
tion and  ordinance  ordering  the  election,  both  of  which  shall  be 
made  in  the  same  manner  as  provided  by  law  for  judicial  ad- 
vertisements. 
How  and  in     Sec.  2.  That  a  special  tax  may  be  levied  by  any  parish,  city 

rL'l!iLTfiT^!^'^  or  incorporated  town  in  this  State  to  aid  the  construction  and 

special  la.X  iii«iv  ^ 

be  levied  in  any  erection  of  public  buildings,  bridges  and  other  works  of  public 
t(f\vn  '  for ^ the  improvement,  to  be  erected  and  constructed  within  the  limits  of 

erection  or  con- , 
struct!  on    of 

public  build- payers  of  their  respective  parishes,  cities  or  towns  shall  vote 
works  "f^pub- therefor :  provided,  however,  the  property  taxpayers  of  any  par- 
lie  im prove- jgjj  jj^^y  jgyy  ^  special  tax  for  building  bridges  over  streams 
dividing  their  parish  from  any  contiguous  parish  or  State,  and  the 
Proviso.         property  taxpayers  of  any  city  or  incprporated  town  may  levy  a 
special  tax  in  aid  of  works  of  public  improvement  or  railway  en- 
terprise extending  beyond  the  corporate  limits  of  their  city  or 
town,  but  not  beyond  the  limits  of  the  parish  in  which  said  city 
or  town  may  be  situated. 

How  and  in  SEC.  3.  That  a  Special  tax  may  be  levied  by  any  parish,  city 
what  nianner^a  qj.  incorporated  town  in  this  State  in  aid  of  any  work  of  public 
be  levied.  improvement  or  railway  enterprise  extending  within  or  beyond 

the  limits  of  the  State,  when  a  majority  of  the  property  taxpayers 

in  number  and  value  shall  vote  therefor. 

Duties  of  mu.  ^^^-  "*•  'I'^at  the  police  juries  or  municipal  authorities  ordering 
nicipal  au- elections  under  this  act  shall,  ten  days  after  each  election,  make 
p  rem uigaie  public  and  official  promulgation  of  the  result,  and  shall  have  the 
the  result.      game  powcr  to  enforce  and  collect  any  special  tax  that  may  be 

authorized  by  said  election  as  may  be  by  law  conferred  upon 

them  for  the  collection  of  other  taxes. 

Ordinance  No.  6230,  C.  S.,  repealed  by  Ordinance  Xo.  6890,  C. 
S,.  and  provided  for  by  Act  181  of  1894. 


ELECTRIC  LIGHT  AND   POWER   COMPANIES.  279 

ELECTRIC   LIGHTS— See  Lights. 


ELECTRIC    LIGHT    AND    POWER    COMPANIES— 

See  Lights,  Spark  Arresters,  Poles,  Privileges, 
Streets  and  Wharves. 

brush  electric  light  and  power  company. 

Art.  607.  (1)  That  the  Southwestern  Brush  and  Elec-    Right  of  the 
trie  Light  and  Power  Company,  organized  under  and  by  Brush  Electric 
virtue  of  the  laws  of  the  State  of  Louisiana,  to  the  end  Power    c''o"m. 
that  it  may  be  able  to  carry  out  and  effect  the  object  of  '''oe'c.,  issi. 
said  corporation  and  erect  and  establish  electric  lights  in       *   '^^^  ' 
the  city  of   New  Orleans,  for  itself,  its  successors  and 
assigns,  shall   have  and   possess   the   right,  power  and 
authority  to  erect  and  maintain  in,  over  and  through  the 
city  of  New  Orleans,  and  in,  over  and  through  all  streets, 
highways,  levees  and  public  ways  and  places   therein, 
all  such  wires,  conductors  and  cables  as  shall  or  may  be- 
come necessary  to  carry  out  the  object   and   purpose  of 
said  corporation,  and  to  establish  and  extend,  as  may  be 
required,  electric   lights   and  a  system   of   lighting   by 
electricity  and  to  furnish  electric  power  in  this  city,  and 
to  supply  the  demand  therefor,  as  the  same   may  arise 
or  grow  up  in  the  future,  and  may  for  this  purpose  con- 
struct and  lay  one  or  more  cables  across  the  Mississippi 
river,  or  across  any  other  water  or  channel  within  the 
limits  of  the  city,  and  land  the  shore  ends  of  such  cables 
at  any  convenient  point  or  points  within  the  city  limits ; 
and  may  erect  all  such  poles  or  masts  as  may  be  or  be- 
come necessary  or   expedient  to   carry  out  the  purpose 
and  object  of  said  corporation,  subject  always  to  limita- 
tions and  conditions  contained  in  this  ordinance. 

Art.  608.  (2)  That  all  main  lines  and  circuits  shall  Main  unes  and 
be  of  copper  or  some  other  material  of  equal  conduc-    '="''^"'**-    j^ 
tivity,  and  shall  have  and  possess  capacity  to  conduct 
electricity  at  least  three  times  in  excess  of  the  estimated 
maximum  quantity  and  intensity  demanded  by  the  cir- 


280  ELECTRIC   LIGHT  AND   POWER   COMPANIES. 

cuit  to  which  the  conductor  belongs,  and  to  maintain  all 
lights  on  the  circuit  at  their  maximum  illuminating 
power ;  and  in  no  case  shall  the  conductor  of  any  circuit 
have  a  conducting  surface  or  capacity  of  less  than  No.  8, 
English  gauge  copper  wire,  and  all  such  wires  or  con- 
ductors shall  be  well  and  securely  covered  with  a  good 
insulating  material,  and  well  and  securely  insulated  by 
glass  or  other  insulating  material  at  all  points  of  sus- 
pension or  support. 
Not  to  ob-     Art.  609.  (3)  That  all  lines  of  wires,  all  poles, masts, 

struct  «treets.^  ^^^  landing  of  the  shore  ends  of  all  cable,  as  well  as  all 
other  necessary  works  and  constructions,  shall  be  located 
and  constructed  so  as  not  to  obstruct  the  public  use  of 
the  streets,  levees  and  public  places  or  to  interfere  with 
commerce  or  travel. 

Wires  and  con-  Art.  610.  (4)  That  in  all  cases  where  the  wires  or 
lb.  conductors  on  any  of  the  circuits  shall  enter  any  build- 
ing, such  conductor  shall  be  carried  into  the.  building 
without  any  reduction  of  its  size  or  conductivity  at 
the  point  of  entry,  and  in  all  cases  where,  in  entering, 
the  wire  shall  come  near  the  structure  of  such  building, 
it  shall  be  well  and  thoroughly  insulated,  and  at  all 
points  where  such  conductors  shall  come  in  contact  with 
or  pass  through  wood  in  entering  such  building,  the 
same  shall  have  at  that  point  an  extra  coating  of  rubber 
or  other  insulating  material,  at  least  one- eighth  of  an 
inch  in  thickness,  outside  of  the  wire,  and  this  extra  coat- 
ing shall  envelop  the  wire  as  far  as  it  shall  continue  to 
pass  through  wood ;  and  no  wire  or  conductor  shall  have 
any  joint  within  four  feet  of  the  point  where  such  con- 
ductor enters  any  building. 
Globes.  Art.  611.  (5)  That  all  lights  fed  by  electricity  shall 

*  be  securely  enclosed  in  glass  or  porcelain  globes,  and  so 
protected  at  the  top  as  well  as  at  the  bottom  that  it  will 
be   impossible  for  a  spark   from    the  burning   carbon 
points  to  escape. 
Duly  of  Ad      Art.  612.   (6)  That  it  is  hereby  made  the  duty  of  the 

Pohle^^'*"   °*  Administrator  of  Police  to  have  inspected  all  lines  of  wire 

^^'  and  conductors  erected  or  in  use  by  said  corporation,  and 

to  ascertain  whether  the  same  are  erected  and  operated 


ELECTRIC   LIGHT   AND   POWER   COMPANIES.  281 

as  required  by  this  ordinance,  and  to  cause  the  same  and 
all  the  provisions  thereof  to  be  obeyed  and  observed ; 
and  in  case  it  is  reported  that  the  said  wires  are  so  run 
or  fastened  as  not  to  be  safe  in  every  respect,  as  con- 
templated in  this  ordinance,  then  the  Administrator  of 
Police  shall  have  the  right  to  order  its  immediate  re- 
moval or  its  reconstruction  in  such  manner  as  to  con- 
form to  the  requirements  herein  ordained. 

Art.  613.  (7)  That  the  city  reserves  the  right  to  amend    Re  servation 
or  qualify  this  ordinance  from   time  to  time  by  adding       ^  ^'    ib. 
to  the   conditions  and   limitations   already  recited  such 
other  and   additional   requirements   as   experience   and 
scientific  demonstration  may   show  to  be  necessary  for 
the  preservation  of  persons  or  property. 

Art.  614.  (8)  That  all  splices  or  joints,  wherever  the    Spiices  and 
same  may   occur,    shall   be   thoroughly   soldered   after  ^"'^  '         ib. 
such  splice  or  joint  is   made,    and   in   addition  thereto 
shall  be  well  and  thoroughly  wrapped  with  kerite  tape 
or  other  insulating  material,  so  as  to  produce  perfect 
insulation  at  such  joint  or  splice. 

Art.  615.  (9)  That  the  Electric  Light  Company  shall,  insulation  ot 
as  much  as  possible,  avoid  crossing  any  telephone,  tele-"""^^^"  ib. 
graph  or  fire-alarm  wire ;  but  where  it  becomes  neces- 
sary to  cross  such  wire  or  wires,  the  electric  light  wire 
or  wires  shall  at  such  point  be  additionally  insulated 
with  proper  insulating  material,  and  after  such  insula- 
tion the  wires  crossing,  viz.  :  the  elecU-ic  light  wire  and 
such  wires  as  it  crosses,  shall  be  bound  together  in  such 
manner  as  to  prevent  any  free  motion  whereby  the  in- 
sulation on  any  of  the  wires  might  be  destroyed. 

LOUISIANA  ELECTRIC  LIGHT  AND  POWER  COMPANY. 

Art.  616.   (1)  That  the  Louisiana  Electric  Light  and    Franchise. 
Power  Company,  organized  under  and  by  virtue  of  the  c.^'^'^"  ^°"  ^°^' 
laws  of  the  State  of  Louisiana,  to  the  end  that  it  may  be    ^"^-S'  '^^'^• 
able  to  carry  out  and  effect  the  object  of  said  corpora- 
tion and  erect  and  establish  electric  lights  in  the  city  of 
New  Orleans  for  itself,  its  successors  and  assigns,  shall 
have  and  possess  the  right,  power  and  authority  to  erect 
and  maintain  in,  over  and  through  the  city  of  New  Or- 


282  ELECTRIC   LIGHT   AND   POWER   COMPANIES. 

leans  and  in,  over  and  through  all  streets,  highways, 
levees  and  public  ways  and  places  therein,  all  such  wires, 
conductors  and  cables  as  .shall  or  may  become  necessary 
to  carry  out  the  object  and  purpose  of  said  corporation, 
and  to  establish  and  extend  as  may  be  required,  electric 
lights  and  a  system  of  lighting  by  electricity  and  to  fur- 
nish electric  power  in  this  city  and  to  supply  the  de- 
mand therefor,  as  the  same  may  arise  or  grow  up  in  the 
future,  and  may  for  this  purpose  construct  and  lay  one 
or  more  cables  across  the  Mississippi  river,  or  across  any 
other  water  or  channel  within  the  limits  of  the  city,  and 
land  the  shore  ends  of  such  cables  at  any  convenient 
point  or  points  within  the  city  limits,  and  may  erect  all 
such  poles  or  masts  as  may  be  or  become  necessary  or 
expedient  to  carry  out  the  purpose  and  object  of  said 
corporation,  subject  always  to  limitations  and  conditions 
contained  in  this  ordinance. 

Main  lines  and  Art.  617.  (2)  That  all  main  lines  and  circuits  shall 
be  of  copper  or  some  other  material  of  equal  conduc- 
tivity, and  shall  have  and  possess  capacity  to  conduct 
electricity  at  least  three  times  in  excess  of  the  estimated 
maximum  quantity  and  intensity  demanded  by  the  cir- 
cuit to  which  the  conductor  belongs,  and  to  maintain  all 
lights  on   the  circuit   at  their   maximum   illuminating 

Requirements,  powcr ;  and  iu  uo  casc  shall  the  conductor  on  any  circuit 
have  a  conducting  surface  of  capacity  of  less  than  No.  8 
English  gauge  copper  wire,  and  all  such  wires  or  con- 
ductors shall  be  well  and  securely  covered  with  a  good 
insulating  material,  and  well  and  securely  insulated  by 
glass  or  other  insulating  material  at  all  points  of  sus- 
pension or  support. 
Use  oi  streets     Art.  618.  (3)  That  all  Hncs  of  wircs,  all  poles,  masts, 

structed! """"  the  landing  of  the  shore  ends  of  all  cables,  as  well  as 
all  other  necessary  works  and  constructions,  shall  be 
located  and  constructed  so  as  not  to  obstruct  the  public 
use  of  the  streets,  levees  and  public  places  or  to  inter- 
fere with  commerce  or  travel. 
jRptrance  to     Art.  619.  (4)  That  in  all   eases  where   the  wires  or 

buHdmgs.  conductors  on  any  of  the  circuits  shall  enter  any  build- 
ing, such  conductor  shall  be  carried   into   the   building 


ELECTRIC   LIGHT   AND    POWER   COMPANIES.  283 

without  any  reduction  of  its  size  or  conductivity  at  the 

point  of  entry,  and   in  all  cases  where,  in  entering,  the 

wire  shall  come  near  the  structure  of   such    building,  it 

shall  be  well  and  thoroughly  insulated,  and  at  all  points 

where  such  conductor  shall  come  in  contact  with  or  pass 

through  wood  in  entering  such  building,  the  same  shall    How  insuiat- 

have  at  that  point  an  extra  coating  of   rubber  or  other 

insulating  material,  at  least  one-eighth   of  an   inch   in 

thickness,  outside  of  the  wire,  and  this  extra  coating  shall 

envelop  the   wire  as   far  as    it  shall   continue   to   pass 

through  wood ;  and  no  wire  or  conductor  shall  have  any 

joint  within  four  feet  of  the  point  where  such  conductor 

enters  any  building. 

Art.  620.  (5)  That  all   arc  lights  fed  by  electricity  Arc  lights;  how 
shall  be  securely  enclosed  in  glass  or  porcelain  globes, 
and  so  protected  at  the  top  as  well  as  at  the  bottom  that 
it   will  be  impossible   for  a   spark   from   the   burning 
carbon  points  to  escape. 

Art.  621.  (6)  That  it  is  hereby  made  the  duty  of  the  a  d  ministrator 
Administrator  of  Police  to  have  inspected  all  lines  of  °^  ° '"' 
wire  and  conductors  erected  or  in  use  by  said  corpora- 
tion, and  to  ascertain  whether  the  same  are  erected  and 
operated  as  required  by  this  ordinance,  and  to  cause  the 
same  and  all  the  provisions  thereof  to  be  obeyed  and 
observed ;  and  in  case  it  is  reported  that  the  said  wires 
are  so  run  or  fastened  as  not  to  be  safe  in  every  respect, 
as  contemplated  in  this  ordinance,  then  the  Administra- 
tor of  Police  shall  have  the  right  to  order  its  immediate 
removal  or  its  reconstruction  in  such  manner  as  to  con- 
form to  the  requirements  herein  ordained. 

Art.  622.  (7)  That  the  city   reserves   the   right    to  Right  reserved 
amend  or  qualify  this  ordinance  from  time  to  time  by    ^^  *^'*^' 
adding  to  the  conditions  and  limitations  already  recited 
such  other  and  additional   requirements   as  experience 
and  scientific  demonstration  may  show  to  be  necessary 
for  the  preservation  of  persons  or  property. 

Art.  623.   (8)  That  all  splices  or  joints,  wherever  the.  spuces  or 
same  may  occur,  shall  be  thoroughly  soldered  after  such  ^°'" 
splice  or  joint  is  made,  and  in  addition  thereto  shall  be 
well  and  thoroughly  wrapped  with  kerite  tape  or  other 


284  ELECTRIC  LIGHT  AND  POWER   COMPANIES. 

insulating  material,  so  as  to  produce  perfect  insulation  at 
such  joint  or  splice. 
Crossing  other  Art.  624.  (9)  That  the  said  Electric  Light  Company 
shall,  as  much  as  possible,  avoid  crossing  any  telephone, 
telegraph  or  fire-alarm  wire;  but  where  it  becomes 
necessary  to  cross  such  wire  or  wires,  the  electric  light 
wire  or  wires  shall  at  such  point  be  additionally  insulated 
with  proper  insulating  material,  and  after  such  insula- 
tion the  wires  crossing,  viz. :  the  electric  light  wire  and 
such  wires  as  it  crosses,  shall  be  bound  together  in  such 
manner  as  to  prevent  any  free  motion  whereby  the  in- 
sulation on  any  of  the  wires  might  be  destroyed. 

Ord.  No.  2477,  C.  S.,  Sec.  2,  and  Ord.  2976,  C.  S.,  Sec.  2,  re- 
quiring the  Louisiana  Electric  Light  and  Power  Company  to 
furnish  an  electric  plant,  etc.,  to  the  Charity  Hospital,  repealed 
by  Ord.  Xo.  3231,  C.  S.,  Oct.  2,  1888. 

Use  of  public     Art.  625.  (1)  That  permission  be  and  the  same  is  here- 

^o°rd?No.  3658,by  granted  to  the  Louisiaua  Electric  Light  and  Power 

Nov.  29, 18S7.  Company,  its  successors  and  assigns,  to  use  for  a  period  of 

twenty-five  years  from  the  date  of  the  passage  of  this 

ordinance,  the  strip  of  public  ground  comprised  between 

Water  street  or  the  Belt  Railroad  track,  to  the  line  of 

the  public  road  fronting  the  river,   Richard  street  and 

Market  street,  as  a  place  for  receiving  coke,  coal,  oil,  etc.. 

Consideration,  iu  Consideration  for  which  the  Louisiana  Electric  Light 

and  Power  Company  shall  keep  the  levee  from  Richard  to 

Market  street  well  lighted  during  the  term  of  this  grant. 

Notarial  act.     Art.  626.  (2)  That  the  Mayor  be  and  he  is  hereby  in- 

■  structed  to  pass  a  notarial  act  embodying  the  provisions 

of  this  ordinance,  and  that,  in  said  act,  the  said  Louisiana 

Electric  Light  and  Power  Company  shall  bind  itself  to 

hold  the  city  harmless  against  any  recovery  of  damages 

which  may  be  obtained   in  any  action  which  may  be 

brought  by  any  party  or  parties  to  be  affected  by  any  of 

the  provisions  of  this  ordinance. 

Repealed     Art.  627.  (3)  That  all  ordinances  in  conflict  with  this 

c  ause.        ^^  ordinance  be  and  the  same  are  hereby  repealed,  and  that 

this  ordinance  shall  go  into  effect  from  and  after  its 

passage. 

Lease  of  batture  fronting  its  works.     Ord.  No.  5832,  C.  S. 


ELECTRIC  LIGHT  AND   POWER   COMPANIES.  285 

EDISON  ELECTRIC  LIGHT  COMPANY. 

{Grant  to  George  B.  Laivrason,  heirs  and  assigns.) 

Art.  628.  That  said  George  B,  Lawrason,  M.  D.,  his    Franchise, 
heirs,  assigns  and  successors,  are  hereby  accorded  andc?8!*^°'  '*^* 
granted  the  right,  power  and   authority  to   erect   and    ^"^' '°' ' 
maintain  in,  over  and  through  the  city  of  New  Orleans, 
and  in,  over  and  through  all  streets,  highways,  levees 
and  public  ways  and  places  therein,  all  such  wires,  con- 
ductors, mains  and  cables  as  shall  or  may  become  neces- 
sary to  establish  and  extend,  as  maybe  required,  electric 
lights,  and  a  system  of  lighting   by  electricity,  and  to 
furnish  electric  power  in  said  city,  and  to    supply  the 
demand  therefor,  as  such  demand  may  arise  or  grow  up, . 
and  also  the  right,  power  and  authority,  in  furtherance 
of  the  foregoing  purposes  and  objects,  to  erect  all  such 
poles  or  masts,  and  lay  all  such  wires,  cables  and  mains 
under  the  surface  of  streets,  levees,  highways,  and  pub- 
lic ways  and  places,  and  do   all   such  things  as  may  be 
or  become  necessary  or  expedient   to  carry  out  the  said 
objects  and  purposes,  subject  to  the  limitations  and  con- 
ditions contained  in  this  ordinance. 

Art.  629.  (2)  That  all  main  lines  and  circuits  shall  Main  lines  and 
be  of  copppr,  or  some*  other  material  of  equal  conduc-  '^"*='"'^-  j^, 
tivity,  and  shall  possess  capacity  to  conduct  electricity 
at  least  three  times  in  excess  of  the  maximum  quantity 
and  intensity  demanded  by  the  circuit  to  which  the  con- 
ductor belongs,  and  to  maintain  all  lights  on  the  circuit 
at  their  maximum  illuminating  power,  and  all  such 
wires  and  conductors  shall  be  well  and  securely  insu- 
lated by  glass,  or  other  insulating  material,  at  all  points 
of  suspension  or  support;  that  all  lines  of  wires,  all 
poles  and  masts,  as  well  as  all  other  necessary  works 
and  constructions,  shall  be  located  so  as  not  to  obstruct 
the  public  use  of  the  streets,  levees  and  public  places  or 
to  interfere  with  commerce  or  travel. 

Art.  630.  (3)    That   in  all  cases  where  the  wires  or  Entering buiid- 
conductors  on  any  of  the  circuits  shall  enter  any  build-    '"^^'        ib. 
ing,  such  conductors  shall  be  carried  into  the  building 
without  any  reduction  of  its  size  or  conductivity  at  the 


286  ELECTRIC   LIGHT   AND   POWER  COMPANIES. 

point  of  entry,  and  in  all  cases  where,  in  entering,  the 
wire  shall  come  near  the  structure  of  such  building,  it 
shall  be  thoroughly  insulated. 
Duty  of  Com-     Art.  631.  (4)  That  it  is  hereby  made  the  duty  of  the 

missioner    of  .       .  m^    ■>■  t  T~k    i  i-      t.     -i  t 

Police  and  Commissiouer  of  Police  and  Public  Buildings  to  have  m- 

ings.  spected  all  lines  of  wires  and  conductoi-s,  erected    or  in 

'  use  by  said  Lawrason,  his  heirs,  successors  or  assigns, 
and  to  ascertain  whether  the  same  are  erected  and 
operated  as  required  by  this  ordinance,  and  to  cause  the 
same  and  all  provisions  thereof  to  be  obeyed  and  ob- 
served, and  in  case  it  is  reported  that  said  wires  are  so 
run  or  fastened  as  not  to  be  safe  in  every  respect,  as 
contemplated  in  this  ordinance,  then  the  Commissioner 
of  Police  and  Public  Buildings  shall  have  the  right  to 
order  its  immediate  removal  or  its  reconstruction  in 
such  manner  as  to  conform  to  the  requirements  herein 
ordained. 

Splices  and  Art.  632.  (5).  That  all  splices  or  joints,  wherever  the 
joints.  ^^  same  may  occur,  shall  be  thoroughly  soldered  after  such 
splice  or  joint  is  made,  and  in  addition  thereto  shall  be 
well  and  thoroughly  wrapped  with  insulating  material, 
so  as  to  produce,  as  near  as  possible,  perfect  insulation 
at  such  joint  or  splice,  a,nd  that  where  it  becomes  neces- 
sary to  cross  any  telephone,  telegraph  orfire-alarna  wire, 
the  electric  light  wire  or  wires  shall  at  such  point  be 
thoroughly  insulated  with  proper  insulating  material, 
and,  after  such  insulation,  the  electric  light  wire  and  such 
wires  as  it  crosses  shall  be  bound  together  in  such  man- 
ner as  to  prevent  any  free  motion  whereby  the  insulation 
on  any  of  the  wires  might  be  destroyed. 
Commissioner     Art.  633.  (6)  That  all  work  to  bc  douc  by  said  Geo.  B. 

wofks.^'**^  Lawrason,  M.  D.,  his  heirs,  assigns  or  successors,  under 
^^'  the  provisions  of  this  ordinance,  including  the  restoring 
of  the  streets,  sidewalks,  etc.,  which  may  be  torn  up  or 
disturbed,  and  thereafter  keep  in  repair  the  paving  of  said 
openings,  shall  be  so  done  under  the  supervision  and  to 
the  entire  satisfaction  of  the  Commissioner  of  Public 
Works  and  the  City  Surveyor. 

Bond.  Art.  634.  (7)  That  the  said  Geo.  B.  Lawrason,  his  heirs, 

^^"  assign  or  successors,  shall  execute  a  bond  with  one  or 


ELECTRIC    LIGHT   AND   POWER   COMPANIES.  -287 

more  good  and  solvent  sureties  in  favor  of  the  city  of 
New  Orleans  in  the  sum  of  five  thousand  ($5000)  dol- 
lars, conditioned  that  said  Geo.  B.  Lawrason,  his  heirs, 
assigns  or  successors,  shall  comply  with  the  provisions 
of  the  preceding  section  6. 

Art.  635.  (8)  That  said  Geo.  B.  Lawrason,  his  heirs.    Liability, 
assigns  or  successors,  or  any  firms  or  persons  hereafter  re-  ^^' 

ceiving  similar  privileges,  occupying  any  streets,  alley  or 
road  with  underground  conduits,  tubes,  pipes,  cables, 
electrical  conductors  or  wires  shall  be  liable  for  all  dam- 
ages to  gas  or  water  mains,  services  and  sewers,  con- 
nections to  sewers,  and  also  for  any  damages  caused  by 
the  opening  of  branches  or  condition  of  the  street,  side- 
walk, a  leys  or  roads  resulting  from  the  laying  of  the 
conduits,  tubes,  pipes,  electrical  conductors,  cables  or 
wires  or  making  connection,  for  which  the  city  of  New 
Orleans  would  otherwise  be  liable. 

Art.  636.  (9)  That  on  all  wires  or  conductors  placed  Annual  charge 
under  ground,  excepting  such  as   are  used  or  owned  by    c o  n'd'u^l tors 
the  city  of  New  Orleans,  an  annual  payment  of  two  dol-    **"  *'*^'^°"ib. 
lars  and  fifty  cents  ($2.50)  per  mile  or  any  part  thereof 
in  length  for  conductors  or  wires  for  electrical  lighting 
purposes,  shall  be  paid  to  the  City  Treasurer  on  or  be- 
fore the  first  Monday  in  January,  1887,  and  annually 
thereafter  in  advance.    Failure  to  make  payment  as  re- 
quired within  the  time  herein  specified  shall  subject  the 
offenders  to  penalty  of  fifty  ($50)  per  day  for  .each  and 
every  day  thereafter  until  payment  is  made.     All  penal- 
ties provided  for  in  this  ordinance  shall  be  recoverable 
before  any  court  of  competent  jurisdiction. 

Art.  637.  (10)  That  an  annual  charge  of  five  (5)  cents  on  aii  under 
per  running  foot  for  all  underground  conduits,  tubes  org^^^g'^'^  *^°"" 
pipes  for  electrical  conductors  not  exceeding  twelve  (12)  ^^ 

inches  in  diameter  be  made  and  on  all  other  conduits, 
tubes  or  pipes  for  like  purposes  exceeding  twelve  (12) 
inches  in  diameter,  an  annual  charge  of  ten  (10)  cents 
be  made,  payable  to  the  city  of  New  Orlean's  at  the  same 
time  and  under  the  same  provisions  as  are  charged  in 
section  2  for  payment  of  charges  for  conductors  and 
wires. 


288  ELECTRIC   LIGHT  AND   POWER   COMPANIES. 

Forfeiture.  Art.  638.  (11)  That  if  the  said  George  B.  Lawrason, 
'his  heirs,  assigns  or  successors,  should  at  any  time  dis- 
pose of  this  franchise  and  consolidate  with  any  other 
company,  said  George  B.  Lawrason,  his  heirs,  assigns 
or  successors,  shall  forfeit  all  rights  and  privileges 
granted  by  this  ordinance,  and  shall  be  liable  to  and 
shall  pay  to  the  city  of  New  Orleans  a  penalty  of 
twenty-five  thousand  ($25,000)  dollars,  to  be  sued  on 
and  collected  by  the  City  Attorney.  The  company  or 
individuals  buying  from  or  consolidating  with  the  afore- 
said George  Lawrason,  his  heirs,  assigns  or  successors, 
shall  be  liable  and  pay  to  the  city  of  New  Orleans  the 
sum  of  twenty- five  thousand  ($25,000)  dollars,  to  be 
sued  out  and  collected  as  hereinbefore  prescribed. 
Clean  of  all     Art.  639.  (12)  That  the  said  George  B.  Lawrason, 

pipes,  etc,    jj^  his  heirs,  assigns  or   successors,  laying  any  conduits, 

tubes,  pipes,  cables,  electrical  conductors  or  wires,  shall 

lay  such  conduits,  tubes,  cables,  electrical  conductors  or 

wires  clear  of  all  other  pipes. 

Hold  the  citY     Art.  640.   (13)  That  if  anything   in  the   above  pro- 

harmiess.  ^^  yisious  should  rcsult  iu  iujury  to  private  property  or  be 
in  conflict  with  any  right  or  privileges  heretofore 
granted  by  the  city  to  any  person  or  company,  the  said 
George  B.  Lawrason,  his  heirs,  assigns  or  successors, 
by  their  acceptance  of  this  ordinance,  bind  themselves 
to  equitably  settle  all  such  injuries  and  to  hold  the  city 
harmless-  from  all  damages  or  reclamation  whatever 
arising  from  such  conflict;  provided,  that  the  work  of 
construction  shall  be  begun  on  or  before  January  1, 
1887,  and  that  $25,000  worth  of  work  shall  be  completed 
on  or  before  the  1st  of  January,  1888 ;  provided,  that 

Null  and  void,  iu  the  cvcnt  this  company  does  not  begin  work  on  or 
lb.  before  the  1st  day  of  January,  1887,  then  this  ordinance 
to  be  void. 
City  reserves     Art.  641.  That  the  city  reserves  the  right  to  amend  or 

cer  ain  r.g  s^  qualify  this  ordinance  from  time  to  time  by  adding  to  the 
conditions  arid  limitations  already  recited  such  other  and 
additional  requirements  as  experience  and  scientific 
demonstration  may  show  to  be  necessary  for  the  preser- 
vation of  persons  or  property. 


ELECTRIC  LIGHT  AND   POWER  COMPANIES.  289 

GRANTING  THE  ALGIERS  ICE  MANUFACTURING  COMPANY  THE 
RIGHT  TO  ESTABLISH,  ETC.,  ELECTRIC  LIGHTS,  ETC.,  IN 
THE  FIFTH  MUNICIPAL  DISTRICT. 

Art.  642.  That  said  Algiers  Ice  Manufacturing  Com-  Franchise. 
pany  is  hereby  accorded  and  granted  the  right,  power  c.s.'  °'  ^^^' 
and  authority  to  erect  and  maintain  in,  over  and  through  '  *^  '°'  ' 
said  Algiers,  Fifth  District  of  New  Orleans,  and  in, 
over  and  through  all  streets,  highways,  levees  and  pub- 
lic highways  and  places  therein,  all  such  wires,  con- 
ductors, mains  and  cables  as  shall  or  may  become  neces- 
sary to  establish  and  extend,  as  may  be  required,  elec- 
tric lights,  and  a  system  of  lighting  by  electricity,  and 
to  furnish  electric  power  in  said  Algiers,  Fifth  District 
of  New  Orleans,  and  to  supply  the  demand  therefor,  as 
such  demand  may  arise  or  grow  up,  and  also  the  right, 
power  and  authority,  in  furtherance  of  the  foregoing 
purposes  and  objects,  to  erect  all  such  poles  or  masts, 
and  lay  all  such  wires,  cables  and  mains,  under  the  sur- 
face of  streets,  levees,  highways  and  public  ways  and 
places,  and  do  all  such  things  as  may  be  or  become 
necessary  or  expedient  to  carry  out  the  said  objects  and 
purposes,  subject  to  the  limitations  and  conditions  con- 
tained in  this  ordinance. 

Art.  643.  (2)  That  all  main  lines  and  circuits  shall  Main  lines  and 
be  of  copper  or  some  other  material  of  equal  conduc- 
tivity, and  all  such  wires  and  conductors  shall  be  well 
and  securely  insulated  by  glass  or  other  insulating  ma- 
terial at  all  points  of  suspicion  or  support ;  that  all  lines 
of  wires,  all  poles  and  masts,  as  well  as  all  other  neces- 
sary works  and  constructions,  shall  be  located  so  as  not 
to  obstruct  the  public  use  of  the  streets,  levees  and  pub- 
lic places  or  to  interfere  with  commerce  or  travel. 

Art.  644,  (3)  That  in  all  cases  where  the  wires  or  Entrance  to 
conductors,  or  any  of  the  circuits,  shall  enter  any  build- ''"''*^'"^®- 
ing,  such  conductor  shall  be  carried  into  the  building 
without  any  reduction  of  its  size  or  conductivity  at  the 
point  of  entry,  and  in  all  such  cases  where  in  entering 
the  wire  shall  come  near  the  structure  of  such  building 
it  shall  be  thoroughly  insulated. 


290  ELECTRIC   LIGHT  AND   POWER  COMPANIES. 

Splices  and     Art.  645.  (4)  That  all  spllces  or  joints,  wherevei' the 
^*""  *■  same  may  occur,  shall  be  thoroughly  soldered  after  such 

splice  or  joint  is  made,  and  in  addition  thereto  shall  be 
well  and  thoroughly  wrapped  with  insulating  material, 
so  as  to  produce,  as  near  as  possible,  perfect  insulation 
at  such  joint  or  splice ;  and  that  when  it  becomes  neces- 
sary to  cross  any  telephone,  telegraph  or  fire-alarm  wire, 
the  electric  light  wire  or  wires  shall  at  such  points  be 
thoroughly  insulated  with  proper  insulating  material. 

streets,  side-  Art.  646.  (5)  That  all  work  to  be  done  by  the  Algiers 
'*  ^  ■  Ice  Manufacturing  Company  under  the  provisions  of  this 
ordinance,  including  the  restoring  of  the  streets,  side- 
walks, etc.,  which  maybe  torn  up  or  disturbed  and 
thereafter  keep  in  repair  the  paving  of  said  openings, 
shall  be  so  done  under  the  supervision  and  to  the  satis- 
faction of  the  Commissioner  of  Public  Works  and  the 
City  Surveyor. 
Conduits,  etc.,     Art.  647,   (6)  That   the   Algiers  Ice   Manufacturing 

other  pipes,  Company  laying  any  conduits,  tubes,  pipes,  cables,  elec- 
trical conductors  or  wires  shall  lay  such  conduits,  tubes, 
pipes,  cables,  electrical  conductors  or  wires  clear  of  all 
other  pipes. 

Injury  lo  Art.  648.  (7)  That  if  anything  in  the  above  pro- 
^^"^  ^'  visions  should  result  in  injury  to  private  property  or  be 
in  conflict  with  any  right  or  privilege  heretofore  granted 
by  the  city  to  any  person  or  company,  the  said  Algiers 
Ice  Manufacturing  Company  by  their  acceptance  of  this 
ordinance  bind  themselves  to  equitably  settle  all  such 
injuries  and  to  hold  the  city  harmless  from  all  damages 
or    reclamation    whatever   arising  from   such   conflict ; 

Shall  begin,  provided,  that  the  work  of  construction  shall  be  begun 
on  or  before  June  the  first,  1892,  and  that  the  work  shall 
be  completed  on  or  before  January  the  first,  1893 ; 
provided,  that  in  the  event   this  company  does  not  be- 

Void.  gin  work  on  or  before  the   first  day  of  January,  1893, 

then  this  ordinance  to  be  void ;  provided,  further,  that 

Con  fined  to  this  grant  only  applies  to  private  lighting  in  Algiers  or 
?"afDisScSdtlie  Fifth  Municipal  District  of  the  parish  of   Orleans, 
pnyate  light- ^j^^  ^j^^  Algiers  Icc   Manufacturing   Company   is   posi- 
tively prohibited,  under  a  forfeiture  of  their   privileges 


ELECTRIC   MOTORS.  291 

as  far  as  it  pertains  to  electric  lighting",  from  laying  a 
cable  or  connecting  their  plant  in  any  way  with  the  op- 
posite side  of  the  river. 

Art.  649.  That  the  city  reserves  the  right  to  amend    Reservation 
or  qualify  this  ordinance  from  time  to  time  by  adding  to  °  "  ^* 
the  conditions  or  limitations  already  recited  such  other 
additional  requirements  as  experience  and  scientific  dem- 
onstration may  show  to   be  necessary  for   the   preserva- 
tion of  persons  or  property. 


ELECTRIC  MOTORS. 

GRANTING  T.  PRUDHOMME,  MAURICE  J.  HART  ET    AL.,  RIGHT 
TO  USE  CARS  PROPELLED  BY  ELECTRIC  MOTORS. 

Art,  650.  That  the  privilege  is  hereby  granted  to  T.    Franchise. 
Prudhomme,  Maurice  J.  Hart,  W.  J.  Behan  and  Edgar  c^s!' ^°*  ^^°*' 
H.  Farrar,  their  transferees,  associates  and  assigns,  and    Andord.'r^! 
any  corporation  to  which  they  may  hereafter  transfer  ''^'^*  ^'  ^" 
this  privilege,  the  right  for  fifty  years  to  use  cars  pro- 
pelled by  electricity,  on  any  and  all  of  the  street  rail- 
roads of  this  city,  with  their  consent ;  provided**,  that  all 
said  cars,  so  propelled  by  electricity,  on  said  street  rail- 
roads, shall  be  used  only  for  the  transportation  of  pas- 
sengers, and  shall,  in  all  respects,  conform  to  the  rules 
and     regulations    now    prescribed    by    the     respective 
charters  and  franchises  of  said  railroads. 

It  being  distinctly  understood  that  nothing  herein 
contained  shall  be  construed  as  granting  exclusive  privi- 
lege, and  it  being  farther  understood  that  no  street  rail- 
road company  shall  be  permitted  to  use  such  improved 
system,  unless  such  company  shall  have  complied  with 
all  of  the  charter  obligations  and  contracts. 

GRANTING    JOS.     A.    WALKER,    ALDEN    M'LELLAN    ET    ALS., 
RIGHT  TO  USE  CARS  PROPELLED   BY  ELECTRIC  MOTORS. 

Art.  651.  That  the  privilege  is  hereby  granted  to  Franchise  for 
Joseph  A.  Walker,  Alden  McLellan,  Joseph  Hernandez,  oSJ^aljaS, 
E.  J.  Hart,  Henry  Larquie,  Wm.  J,  Behan  and  Thomas  *^nov.  13, i888. 
Pickles,  their  transferees,  associates  and   assigns,  and 


292  ELEVATED   BRIDGES. 

to  any  corporation  to  which  they  may  hereafter  transfer 
this  privilege,  the  right  for  fifty  years  to  use  cars  pro- 
pelled by  electricity,  on  any  and  all  of  the  street  rail- 
roads of  this  city,  with  their  consent ;  provided,  that  all 
said  cars  so  propelled  by  electricity  on  said  street  rail- 
roads shall  be  used  only  for  the  transportation  of  pas- 
sengers; and  shall,  in  all  respects,  conform  to  the  rules 
and  regulations  now  prescribed  by  the  respective  char- 
ters and  franchises  of  said  railroads  -,  provided,  how- 
ever, that  no  system  shall  be  used  requiring  poles  and 
wires  to  be  placed  on  the  public  thoroughfares,  but  only 
such  system  as  will  in  itself  be  contained  in  each  car, 
and  be  of  such  low  voltage  as  to  be  absolutely  safe,  and 
subject  to  the  approval  of  the  City  Council,  it  being  dis- 
tinctly understood  that  nothing  herein  contained  shall 
be  construed  as  granting  exclusive  privilege,  and  it  be- 
ing further  understood  that  no  street  railroad  company 
shall  be  permitted  to  use  such  improved  system  unless 
such  company  shall  have  complied  with  all  of  its  charter 
obligations  and  contracts. 


ELECTRIC  SIGNALS— See  Gates 


ELEVATED  BRIDGES. 
PRIVILEGES. 

Ord.  6062.  American  Sugar  Refining  Company,  to  connect  their 
building  in  square  bounded  by  Customhouse, 
Clay,  Bienville  and  Front  streets  with  depot 
of  the  Southern  Pacific  Railroad  by  a  bridge 
extending  across  Clay  street;  also  to  connect 
their  building  on  Decatur.  Toulouse,  Clay  and 
St.  Louis  streets  with  building  on  triangle  by 
bridge  across  Clay  street.  February  17,  1892. 

Ord.  11,000.  American  Sugar  Refining  Company,  an  elevated 
bridge  across  Wells  street,  connecting  their 
building  in  square  bounded  by  Customhouse, 
Wells,  Crossman  and  Front  streets  with  the 
building  on  triangle,  bounded  by  Customhouse, 
Delta.  Wells  and  Crossman  streets;  also  an 
elevated  bridge  from  building  on  triangle, 
bounded  by  St.  Louis  and  Delta  streets,  to 
their  building  located  in  square  bounded  by 
St.  Louis,  Decatur,  Toulouse  and  Clay  streets, 
for  the  purpose  of  conveying  fuel  and  other 
materials,  Julv  11,  1895. 


ELEVATED   BRIDGES.  293 

Ord.  10,310.  Crussel,  J.  E.,  to  operate  an  overhead  tramway 
with  swinging  arm  at  the  head  of  Robin 
street  for  the  purpose  of  unloading  merchan- 
dise from  barges  into  his  yard.  February 
12,  1895. 

Ord.  10,345.  Dunbar,  G,  W.,  an  overhead  tramway  from  their 
factory,  corner  Desire  and  Levee  streets,  over 
and  across  Peters  street  to  Mississippi  river. 
February  J  9,  1895. 

Ord.  5550.  Gordon,  Frank  L.,  wire  rope  conveyor  on  Girod, 
between  Front  and  Fulton  streets,  August 
.31,  1891. 

Ord.  3868.  Louisiana  Sugar  Refinery  Company,  to  connect  re- 
finery corner  Customhouse  and  Front  streets 
with  warehouse  of  said  company  in  square 
bounded  by  Customhouse,  Front,  Crossman 
and  North  Peters  streets  by  elevated  bridge 
across  Customhouse  street. 

Ord.  4003.  Louisiana  Sugar  Refinery  Company,  to  erect  light 
wire  elevator  skidway  between  cooperage 
factory  and  refinery  building,  for  passing 
empty  barrels.     September  30,  1889. 

Ord.  3885.  Morgan's  Louisiana  &  Texas  Railroad  &  Steamship 
Company,  to  connect  its  buildings  on  either 
side  of  Bienville  street  by  an  elevated  bridge, 
August  2.  1889. 

Ord.  8062.  National  Rice  Milling  Company,  an  enclosed  elevated 
bridge  across  the  upper  roadway  of  Elysian 
Fields  street,  from  their  mill  in  square  bounded 
by  Elysian  Fields,  Esplanade.  Peters  and 
Decatur  streets,  for  the  purpose  of  conveying 
their  products  to  and  from  cars  standing  on 
the  existing  tracks  on  the  neutral  ground  of 
Elysian  Fields  street  in  front  of  their  mill, 
September  27,  1893. 

Ord.  9091.  Nicholson  &  Co.,  to  construct  an  elevated  bridge 
across  Bank  place,  from  17  to  18  Bank  place, 
May  4,  1894. 

Ord.  4501.  Orleans  Manufacturing  Company,  to  connect  their 
property  on  both  sides  of  Girod  street,  between 
Fulton  and  Peters  streets,  by  an  elevated 
bridge,  May  12,  1890. 

Ord.  5255.  Old  Basin  Sash  Factory,  to  connect  their  shops  by 
foot  bridge  over  Liberty  street,  August  24, 1890. 

Ord.  6232.  Old  Basin  Sash,  Door  and  Blind  Factory,  to  construct 
conveyors  of  shavings  to  shaving  vaults  near 
boilers  in  square  bordered  by  Toulouse,  St. 
Louis,  Treme  and  Marais  streets.  Also,  to 
connect  their  factory  with  shops  situated  in 
the  square  bounded  by  Treme,  Franklin, 
Carondelet  Walk  and  Toulouse  streets,  April 
8,  1892. 

Ord.  6112.  People's  Slaughterhouse  and  Refrigerating  Com- 
pany, to  erect  bridge  across  N.  Peters  street 
from  Levee  to  their  premises,  March  19,  1892. 


294  EMPLOYEES. 

ELEVATORS. 

PRIVILEGES. 

Old.  11,000.  American  Sugar  Refining  Co.,  to  operate  their 
(3)  fuel  elevator-hoppers  on  Clay  street 
alongside  of  boiler  house,  in  connection  with 
their  track;  also,  to  operate  a  fuel  elevator 
or  hopper  on  Clay  street,  alongside  of  their 
building  located  on  the  triangle  formed  by  St. 
Louis,  Clay  and  Delta  streets,  in  conjunction 
with  track,  July  11,  1895. 

Ord.  2850.  Edwards  &  Haubtman,  Delta,  Front,  Poydras  and 
Lafayette  streets,  derrick  on  banquette, 
March  10.  1888. 

Ord.  3225.  Louisiana  Electric  Light  and  Power  Co.,  riverfront 
near  Market  street,  elevator  fronting  their 
works.  October  4,  1888. 

Ord.  8984.  Myles  &  Co.,  Front  and  Poydras  streets,  to  erect 
shed  over  sidewalk  in  front  of  their  store, 
April  14,  1894. 


EMPLOYEES. 

See  Comptroller,  Labor  and  Laborers. 

Leave  of  ab-      Art.  652.  That  from  and   after  the  passage  of  this 
whom  granted,  resolution  no  leave  of  absence,  except  in  case  of  illness, 
c.'s*.     °*  "'°°  shall  be  granted  to  any  employee  of  the  city  through 
^^  '    ''  '      any  source  other  than  that  of  the  City  Council. 
Nine    hours'     Art.  653.  (1)  That  nine  hours'  labor  shall  constitute 
ord!^*No.  6S9sa  full  day's  work  for  all  laborers  employed  by  the  city 
Nov'.   2,   1892.  of  New  Orleans  upon  all  legal  days,  except  Saturdays, 
and  upon  Saturdays   eight  hours'  labor  shall  constitute 
such  full  day's  work. 
Transfers     Art.  654.  That  uo  clcrk  or  employee  of  the  city  of 
Ord."  No.' 30SS New  Orleans  shall  be  permitted  to  sell  or  transfer  his 
July*  24.   1888.  salary  or  wages  before  the  same  shall  have  been  earned. 
And  for  any  violation  of  this  ordinance  the  penalty  shall 
be  immediate  dismissal  from  the  city's  service. 

This  ordinance   shall  take  effect  on  the  first  day  of 
September,  eighteen  hundred  and  eighty-eight. 
Transfer  clerk     Art.  655.  (1)  That  the  placc  of  Trausfcr  Clerk,  as 

abolished  \    /  i  7 

Ord.  No.  3441  now  established,  be  discontinued  from  and  after  January 


Jan.     2,      .889.1,   1889. 


EMPLOYEES.  295 

Art,  656.  (2)  That  from  and  after  January  1,  1889,    Transfers  to 
transfers  of  earned  time,  in  order  to  secure  the  identifl-''^  swomto.^^ 
cation  of  parties,  shall  be  sworn  to  before  a  notary  by 
the  chief  of  the  department  concerned. 

Art.   657.   (3)  That  the    Comptroller    be    hereafter    Comptrollers 
charged  with  the  duty  of  recording  all  transfers  what-   "  ^"  ib. 

soever,  and  that  he  be  allowed  to  employ  an  additional 
clerk  at  .a  rate  not  to  exceed  $1000  per  annum. 

Art.  658.  (4)  That  the  rolls  from  and  after  January    roiis 
1,  1889,  be  made  so  as  to  show  on  the  face  the  name  of 
the  wage-earner,  his  residence,  the  time  by  him  earned, 
his  signature,  and  the  name  and  signature  of  his  trans- 
feree. 

Art.  659.  (5)  That  all  ordinances  or  parts   of  ordi- clause.^'"''* '"^ 
nances  in  conflict  with  this  ordinance  are  hereby   re- 
pealed. 

Art.  660.  That  in  order  to  adopt  and  carry  into  effect    Payments 
the  system  of  paying  the  employees  of  the  city  of  New  '^ord'.Tol'gaTS 
Orleans  semi-monthly,  that  the  following  procedure  be    juiy  3,  1894. 
adopted  in  relation  to  financial  ordinances  for  salaries  of 
the  various  departments,  viz.  :     That  the  one-twelfth  or 
so   much   thereof   as   may  be   necessary  of  the  budget 
amount  allowed  the  several  departments  be  ordinanced 
for  at  the  first  meeting  of  the  Council   in   each  month, 
and  that  the  Comptroller  is  hereby  directed  to  warrant 
on  the  Treasurer  in  payment  of  pay  rolls  for  the  periods 
from  the  1st  to  the  15th  and  from  the  16th  to  the  end  of 
the  month,  which  are  properly  certified  by  the  executive 
officers  and  approved  by  the  Finance   Committee ;  pro- 
vided, that  no  warrant  shall  be  drawn  for  an  amount  in 
excess  of  the  proportionate  allowance  to   each   depart- 
ment. 
Old.  No.  4332,  C.  S..  repeals  Ord.  Xo.  1384,  C.  S. 


ENGINEER,  CITY— See  Surveyor. 


ENTERTAINMENTS— See  Amusements. 


EXCAVATING  COMPANIES— See  Vidangeurs. 


296  FACTORIES,   TANNERIES,    ETC. 

EXECUTIVE— See  Mayor. 


EXPLOSIVES — See    Combustibles   and   Explosives. 


EXPROPRIATIONS 

Of    lands    for  railroads  and  other  works  of  public  utility,   see 

Sees.  698  to  719  and  Sees.  1479  to  1493  of  the  Revised  Statutes ; 

Constitution,  Arts.  155,  156;  C.  C.  497,  2626.  2641. 
Ords.  Nos.  2655  and  2764  ,  C.  S..  expropriates  certain  property  on 

Peters  street  belonging  to  the  Ursuline  Nuns  and  A.   Dela- 

vigne,  and  provides  for  payment  of  same. 


FACTORIES,  TANNERIES,  ETC. 

Permission     Art.  661.  (1)  From  and  after  the  passage  of  this  or- 
be  obtained.  '°  dinance  it  shall  not  be  lawful  for  any  person  or  persons 
S'p'p^ovJd  to   establish  either  a  soap  factory,  tannery,  bone-black 
March  30, 1855.  factory,  camphene  factory  or  slaughterhouse  within  the 
limits  of  this  corporation,  or  to  continue  any  that  may 
now  be  established,  without   first  having  obtained  per- 
mission of  the  Common  Council,  under  a  penalty  of  one 
hundred  dollars  for  each  and  every  offence,  recoverable 
before  any  court  of   competent  jurisdiction,  for  the  ben- 
fit  of  the  city. 
Repealing     Art.  662.  (2)  That  all  ordinances  or  parts  of  ordi- 
'^  *"^^"  nances  contrary  to  this  be  and  the  same  are  hereby  re- 

pealed. 
Height  of     Art.  663.  That  the  chimneys  of  all  furnaces  connected 

2SC5. 

c.  s. 

Ar 

ord.  No.  SOD,  j^^g^  twenty  feet  above  the  highest  building  within  an 

Oct.  II.  18S7.  g^j,^^  qJ  Qjjg  hundred. feet  from  the  said  factory,  etc.,  and 

shall  have  caps  on  them  so  constructed  as  to  prevent 

cinders  and  soot   from   falling  upon   the   neighboring 

houses. 

Smoke  from     Art.  664.  (3)  That  the  owners  or  lessees  of  the  said 
c  """^y^j^  fg^ctories,  etc.,  shall  take  all  proper  precaution  to  pre- 
vent the  noise  of  their  machinery  or  smoke  emanating 
from  the  chimr 
the  neighbors. 


*^ol^?1^o.  2505,  with  steam  engines  used  in  factories  ^of  every  descrip- 


■  from  the  chimneys  thereof  from  becoming  a  nuisance  to 


FACTORIES,  TANNERIES,  ETC.  297 

Art.  665.  (4)  That  any  person  or  persons  refusing  to    Penalty, 


comply  with  the  requirements  of  this  ordinance,  upon 
the  official  order  of  the  Mayor,  shall  be  subject  to  a  fine 
of  twenty-five  dollars  for  each  week  from  and  after  the 
first  notification  that  he  shall  have  neglected  or  refused 
to  comply  with  the  requirements  of  this  ordinance,  and 
in  the  event  of  failure  to  pay  the  said  fine,  the  person  or 
persons  so  [refusing  and  offending  shall  be  imprisoned 
for  a  period  not  exceeding  thirty  days ;  the  said  fine  or 
penalty  to  be  imposed  by  the  Recorder  of  the  district  in 
which  the  said  factories,  etc.,  may  be  located. 

Relative  to  Smoke  Consumers — See  Steam  Engines. 
See  Forges,  Spark  Arresters,  Steam  Engines. 
Relative  to  Noises  and  Nuisances— See  Offences. 

PRIVILEGES. 

Ord.  6726.  Athens,  W.  Y.  &  Co.,  Louisiana  avenue  and  Green 
street,  planing  <inill,  September  21,  1892. 

Ord.  10,425.  American  Manufacturing  Company,  Louisiana 
avenue  and  Saratoga  street,  steam  sash,  blind 
and  door  factory,  March  13,  1895. 

Ord.  2907.  Bryan  &  Miles,  Julia,  Notre  Dame,  Water  and  Delta, 
for  boiling  and  hermetically  sealing  molasses, 
April  6,  1888. 

Ord.  3938.  Briede  &  Cronbark,  St.  Peter,  between  Julia  and 
St.  Joseph,  wagon  and  buggy  factory,  August 
30,  1889. 

Ord.  10.927.  Brinker,  Frank,  to  remove  to  268  Delord  street, 
carriage  and  repair  shop,  June  20,  1895. 

Ord.  3018.  Cude,  Jno.,  to  remove  manufactory  from  909  Maga- 
zine to  northwest  corner  Louisiana  avenue  and 
Chippewa. 

Ord.  3814.  Hauch,  Arthur,  Carondelet  Walk,  between  St.  Peter 
and  Dorgenois,  saw-mill,  June  8,  1889. 

Ord.  5953.  Hackney,  D.  and  associates,  Delord,  between  Ram- 
part and  Dryades,  two-story  building,  base- 
ment brick,  upper-story  wood,  sheeted  with 
asbestos,  covered  with  iron,  for  sash  factory, 
June  16,  1892. 

Ord.  8654.  Hercules  Ice  Manufacturing  Company,  Pauline  and 
Peters  streets,  ice  factory,  June  25.  1894. 

Ord.  10,561.  Knoop,  Otto,  Basin,  between  Julia  and  Girod, 
saw-mill,  April  19,  1895. 

Ord.  11,444.  Lawler  &  Chaery,  square  bounded  by  Hagan 
avenue,  Erato.  Thalia  and  Clarke  streets, 
necessary  machinery,  etc.,  for  manufacturing 
cotton-seed  oil.  October  8,  1895. 

Ord.  6440.  McEwen  &  Murray,  Dublin  avenue  and  New  Canal, 
saw-mill,  June  9, 1892. 

Ord.  11,615.  New  Orleans  Roofing  and  Metal  Works,  Lafayette 
and  Dryades  streets,  cornice  and  roofing 
works,  with  steam  power.    .    ; 


lb. 


298  FALSE  ALARMS. 

Ord.  4158.  Rugers  &,  Kearn,  Orange,  between  Tchoupitoulas 
and  South  Peters  streets,  vinegar  factory, 
December  14,  1889. 

Ord.  2727.  Seidel  Bros.,  Gasqnet  and  Palmyra  streets,  furniture. 
February-  1,  1888, 

Ord.  4853.  Southern  Vinegar  Company,  to  change  location 
from  134  North  Basin  street  to  156  Toulouse. 
November  22,  1890. 

Ord.  5272.  Southern  Wood  Manufactory  and  Creosoting  Com- 
pany, head  of  Lyons  street,  saw-mill  and 
creosoting  works,  May  1,  1891. 

Ord.  8238.  Steip,  Daniel.  687  Annunciation  street,  sausage 
factory,  October  24,  1893. 

Ord.  9448.  Seguin,  Hy.,  14  Union  street,  wagon  and  repair 
shop,  July  27.  1894. 

Ord.  9999.  Schvvarm.  S.,  132  Basin  street,  sausage  factor3% 
November  24,  1894. 

Ord.  8709.  Union  Varnish  Works  Company,  to  remove  from 
Robert  and  Tchoupitoulas  streets,  to  Claiborne, 
Derbigny.  Second  and  Third  streets.  February 
9,  1894. 

Ord.  8783.  Zinsel,  Wm.,  to  remove  sausage  factory  from  1706 
Tchoupitoulas  street  to  Roberts,  between 
Tchoupitoulas  and  Jersey  streets,  December 
21,1893. 


FALSE  ALARMS. 

False  Ajarms.      Art.  666.  (7)  If  any  persoii,  without  reasonable  cause, 

of S.31V.        shall  make  a  false  alarm  of  fire  by  outcry,  the  ringing  of 
bells  or  otherwise,  he  shall  be  fined  not  less  than  ten  nor 
more  than  fifty  dollars. 
Reward.  Art.    667.  That  the  Mayor  be  and  is  hereby  author- 

A.  s.  6754.  ized  to  offer  a  reward  of  five  hundred  dollars  for  the 
arrest  and  conviction  of  any  person  or  persons  who  may 
be  caught  and  convicted  of  breaking  the  fire  alarm  tele- 
graph boxes,  or  of  sending  a  false  alarm  through  same. 

False  Alarms.     Art.  668.  That  it  shall  be  unlawful,  from  and  after 

Oct.  1874. 

A,  s,28o6.        the  passage  of  this  ordinance,  for  any  person  or  persons 
to  turn  in  or  give  a  false  alarm   to  the  general   office 
through  any    fire  alarm  box,  located  or  established  in 
said  city. 
Penalty,  Art.  669.  (2)  That  any  person  or  persons   violating 

'this  ordinance  shall,  for  each  offence,  be  liable  to  pay  a 
fine  of  not  kss  than  twenty-five  dollars,  or  imprisoned 
for  not  less  than  thirty  days,  recoverable  before  the 
police  courts  of  this  city,  or  any  court  or  courts  of  said 
city  as  may  have  jurisdiction  in  the  premises. 


FEES   AND   COSTS.  299 

Art.  670.  (3)  That  it  shall  be  the  duty  of  the  police  Enforcement 
of  this  city  to  arrest  any  offender,  and  to  strictly  enforce  °  ""^  '"*°'^*'ib. 
the  provisions  of  this  ordinance. 

Art.  671.  That  hereafter  it  shall  be  a  misdemeanor  and  False   Alarms 

at  theatres. 

all  persons  are  forbidden  to  give  a  false  alarm  of  fire  ord.  No.  6i88 
during  a  performance  at  any  theatre  or  public  exhibition.  March  32, 1S92. 

Art.  672.  That  whoever  shall  violate  the  provisions  of  penalty, 
this  resolution  shall  be  subject  to  a  fine  not  to  exceed 
$25  or  imprisonment  in  the  parish  prison  for  a  term  not 
to  exceed  thirty  days,  or  both,  or  imprisonment  in  the  said 
parish  prison  for  a  term  not  to  exceed  thirty  days  in  de- 
fault of  payment  of  the  fine,  to  be  imposed  by  the  Re- 
corder of  the  district  wherein  the  offence  is  committed  ; 
provided,  that  the  fine  shall  not  exceed  $25  for  each 
offence,  nor  the  imprisonment  more  than  thirty  days. 

Also  Act  Xo.  4  of  1875.  E.  S. 


FEES  AND  COSTS. 

Sheriff's  charges  for  prisoners,  see  Act  of  1877.  E.  S.  No.  55.  p.  8B. 
Cost  of  criminal  proceedings  to  be  paid  by  parties;   Act  of  1877, 
E.  S.,  No.  7,  p.  8. 
Art.  673.  That  contracts  be  entered  into  between  thewuh  consta- 
ccmstables  of  the  city  courts,  or  such  constables  as  may  ord.No.  11,036 
signify  their  acquiescence  in  the  terms  hereof,  and  the  J"iy  23,   '895. 
city  of  New  Orleans  under  the  supervision  of  the  City 
Attorney,  and   that  the  terms  thereof,  as  hereafter  set 
forth,  be  and  the  same  is  hereby  ratified  and  approved. 
The  said  contract  provides  : 

Contingent 

Art.  674.  That  the  city  of  New  Orleans  shall  bring  ^"-  j^ 

its  license  suits  in  the  city  courts  where  amounts  involved 
are  $100  and  less,  and  the  said  constables  of  the  city 
courts  agree  and  bind  themselves  or  each  of  them  to 
serve  all  papers  and  processes  of  the  said  city  courts  in 
said  suits  on  a  contingent  fee  as  follows :  p^^    ^^    ^^ 

Art.  675.  If  any  money  be  realized  on  any  judgment  Pfe'ots°realiztd! 
on  said  license  suit  the  said  constables  of  the  city  courts  ^^' 

are  to  be  paid  their  fees.  If,  however,  nothing  is  re- 
covered on  said  judgment,  the  said  constables  agree  and 
bind  themselves  not  to  charge  any  fee. 


300  FEES   AND   COSTS. 

Cost  to   be     Art.  676.  (2)  If  any  time  be  granted  for  the  payment 
Sme  gra^nted!^  *  of  any  license  after  said  suit  has  been  instituted  by  the 
■  city  in  said  city  courts  the  constable  cost  shall  be  paid  in 
all  cases  before  the  time  granted  or  allowed. 
City's  collect-     Art.  677.  (3)  If  any  license   suit  filed  in  the  city 
to  be  pailh  *  ^  court  and  the  license  for  which  said  suit  is  instituted  is 
■paid  at  the  City  Treasurer's  office  without  the  constable 
being  first  paid,  the  city  shall  bind  itself  to  pay  the  con- 
stable his  cost  for  all  services  rendered  in  said  suit. 
to^uU*prev?ois     ^^^T.  678.  (4)  This  contract  of  agreement   shall   not 
to  July  5,  i&)s.  apply  to  any  suits  filed  previous  to  July  5,  1895. 
Mayor  author-     Art.  679.  (5)  That  the  Mayor  be  and  he  is  hereby 
ct.   *'^"  authorized   to   sign  a  contract  in  accordance  with  this 


ize 
contract. 


ordinance. 


era. 


FENCES  AND  DITCHES. 

Duty  of  own-  Art.  680.  (1)  That  whenever  the  owner  of  any  lot  of 
brd.  No.  199,  land  shall  desire  to  enclose  the  same  by  a  fence,  he  shall 

April,  1870.  give  notice  in  writing  to  the  owner  or  owners  of  the  ad- 
joining lots  of  such  desire,  and  also  notify  such  owner 
or  owners  to  join  in  building  such  party  fence  or  fences, 
fully  describing  the  premises  thus  to  be  enclosed  and 
the  character  of  fence  to  be  constructed,  and  after  the 
expiration  of  ten  days  from  the  delivery  of  such  notice 
to  such  owner  or  owners,  if  they  shall  still  neglect  to 
join  such  petitioner  in  building  such  party  fence  or 
fences,  such  petitioner  may  proceed  to  build  such  fence 
or  fences,  and  shall  be  entitled  to  recover  from  such 
owner  or  owners  thus  notified  one-half  the  cost  or  value 
of  a  good,  substantial  and  suitable  fence,  before  any 
court  of  competent  jurisdiction. 

Repair  of  Art.  681.  (2)  That  whcuevcr  any  party  fence  shall 
need  repairing,  notice  as  aforesaid  may  be  given  by 
either  or  any  party  interested  in  the  same,  to  join  in 
making  such  repairs,  and  on  failure  to  join  as  aforesaid, 
the  party  making  such  repairs  shall  be  entitled  to  re- 
cover from  such  owner  or  owners  their  just  proportion 
of  the  cost  of  such  repairs. 


FERRIES.  301 

Art.  682.  That  the   good,    substantial   and    suitable    construction, 
party  fence  required  by  Ordinance  No.  199,  A.  S.,  shall c.s.'    °'  '^^^' 
consist  of  feather-edged  rough  pine  boards  one  inch  thick      ^'"  '^'       ' 
with  the  usual   width   and   length,  nailed    horizontally 
across  pine  posts  four  inches  thick  by  six  inches  wide, 
and  not  more  than  eight  feet  apart,  driven  three  feet  in . 
the  ground ;  the  fence  to  be  seven  feet  in  height,  and 
the  party  building  it  to  have  the  right  to  place  the  posts 
upon  his  neighbor's  side. 

Art.  683.  In  all  cases  where  banquettes  or  sidewalks    Fences  to  be 
are  made  in  front  of,  or  bordering  on,  any  lot  or  lots  of  'cTrd^No.  issi, 
ground  within  this  city,  it  shall  be  the  duty  of  the  owner  *^nov.  24, 1854. 
or  owners  of  such  lots  to  cause  the  same  to  be  fenced 
with  good,  substantial  picket  or  board  fences,  so  as  to 
protect  said  sidewalks. 

Art.  684.  It  shall  be  the  duty  of  the  Street  Commis-  Penalty  for 
sioner,  and  his  deputies,  to  notify  the  owners  or  the  "^^'^*^^' ^*^' ib. 
agents,  where  the  same  can  be  known,  in  writing,  to 
comply  with  the  preceding  resolution,  within  thirty  days 
after  service  of  said  notice ;  and  in  case  said  owners  or 
their  agents  shall  not  comply  with  said  notice,  thea  said 
owners  or  their  agents  shall  be  liable  to  a  fine  or  penalty 
of  ten  dollars  for  every  ten  days  in  contravention,  re- 
coverable before  any  court  of  competent  jurisdiction. 

Art.  685.  In  case  any  fines   shall   be   recovered   as  Disposition  of 
aforesaid,  the  Street  Commissioner  shall  apply  so  much     "*^"        ib. 
thereof  as  may  be  necessary  to  cause  the  work  to  be 
done,  and  pay  the  balance,  if  any,  into  the  city  treasury. 
See  Civil  Code,  Article  671,  et  seq. 


FERRIES. 

FIRST,    SECOND  AND   THIRD    DISTRICTS. 

Art.  686.  That  permission  be  and  is  hereby  granted    canai  street 
to   Capt.  Thomas   Pickles,    lessee  of  the   Canal  street  ^o?a.*  No.  6610, 
ferry,  to  move,  at  his  own  expense,  the  ferry  landing  ^"Aug.  2, 189a. 
from  its  present  position  to  the  prolongation  of  the  north 
side  of  Canal  street,  using  the  same  ground  at  this  point 
as  the  present  ferry  lease  embraces,  and  the  portion  oc- 


302  FERRIES. 

cupied  by  the  present  lease  to  be  a  part  of  the  lower 
steamboat  wharves. 

Improvements.  Art.  687.  That  the  Said  Thomas  Pickles,  his  heirs  or 
assigns,  shall  make  this  change  at  once,  in  order  that 
the  work  now  in  course  of  execution  can  be  made  com- 
plete, and  that  he  shall,  at  his  own  expense,  construct  a 
new  two-story  ferry  house  for  the  accommodation  of  the 
ferry  business,  and  also  to  provide  for  ofl&ces  for  the 
harbor  police  of  the  city  of  New  Orleans  in  said  build- 
ing, and  to  take  up  the  present  paved  roadway  leading 
to  the  ferry  and  lay  it  between  the  new  ferry  landing 
and  the  roadway  being  built  by  the  wharf  lessees  at  the 
head  of  Canal  street,  on  the  prolongation  of  the  north 
side  of  Canal  street,  and  that  the  said  Thomas  Pickles 
shall  also  in  addition  to  the  above  remove  the  present 
banquette  leading  to  the  present  ferry  landing,  and  shall 
make  a  banquette  eighteen  feet  wide  on  the  prolongation 
of  the  north  side  of  Canal  street,  all  the  way  from  the 
depot  of  the  Louisville  &  Nashville  Railroad  to  the 
said  ferry  house,  this  banquette  to  be  paved  throughout 
its  entire  length  with  Schillinger. 

Accepting  bid  Art.  688.  That  the  bid  of  Thos.  Pickles  for  the  lease 
Picki^.*"  °  ^'  of  the  First,  Second   and  Third  District   ferries  for   a 

^c.'s!°'"'"°' period  of  ten  years  from  January  1,  1897,  in  accordance 
Aug,  6, 1895.  ^yj^jj  specifications  approved  by  the  Council,  and  now  on 
file  in  the  oflftce  of  the  City  Engineer,  for  the  sum  of 
forty-nine  thousand  dollars  ($49,000)  be  and  the  same  is 
hereby  accepted,  and  that  the  Mayor  be  and  he  is  here- 
by directed  and  authorized  to  enter  into  notarial  con- 
tract with  the  said  Thos.  Pickles,  in  accordance  there- 
with as  per  his  bid  of  July  24,  1895. 

CONTRACT  OF  LEASE. 

Specifications  for  the  Leasing  of  the  First,  Second  and 

Third  District  Ferries. 

Landings.  The  First  District  Ferry  to  land  at  the  head  of  Canal  street  on 

the  left  bank  and  at  the  head  of  Morgan  street  on  the  right  bank. 

The  Second  District  Ferry  to  land  at  the  head  of  St.  Ann  street 

on  the  left  bank  and  at  the  head  of  Bouny  street  on  the  right 

bank. 


FERRIES.  303 

The  Third  District  Ferry  to  land  at  the  head  of  Barracks  street 
on  the  left  bank  and  at  the  head  of  Oliver  street  on  the  right 
bank. 

The  above  description  is  the  same  as  the  locations  now  being 
■occupied  by  the  ferries. 

The  parties  to  whom  this  lease  is  adjudicated  shall  maintain  in     Repairs, 
good  repair  and  condition  during  the  continuance   of  the  lease 
substantial  pontoons  and  wharves  at  each  of  the  landings  on  each  ' 

side  of  the  river,  so  as  to  provide  a  convenient  and  safe  landing 
for  the  boats  and  proper  connection  with  the  shore  for  both  pas- 
sengers and  vehicles. 

The  pontoons  or  floating  wharves  to  be  strong  and  substantial  Pontoons 
and  of  proper  dimensions,  properly  decked,  and  provided  with  wharves*  '  "  ^ 
the  necessary  railings  and  other  appurtenances.  Such  pontoons 
AS  are.  in  the  opinion  of  the  City  Engineer,  insutticient  in  dimen- 
sions or  are  deteriorated  to  such  an  extent  as  to  be  unsafe,  will 
be  replaced  by  new  ones,  which  will  be  built  of  such  dimensions 
and  in  such  manner  and  according  to  such  plan  as  will  be  ap- 
proved by  the  City  Engineer.  The  connection  which  will  be 
made  between  this  pontoon,  against  which  the  boats  land,  and 
the  shore,  for  the  passage  of  vehicles  and  passengers,  will  be  of 
such  construction  as  will  admit  of  the  slope  at  extreme 
high  or  low  water  to  be  such  as  will  be  required  by  the  City  En- 
gineer, these  inclines  to  be  as  easy  as  the  conditions  existing  at 
the  different  points  will  admit. 

The  gangway  for  vehicles  shall  not  be  less  than  thirteen  feet  Gangway, 
wide  and  for  passengers  shall  be  not  less  than  six  feet  wide,  and 
these  connections  to  be  thoroughly  and  substantially  built  of  iron 
secured  to  piling,  the  whole  work  to  be  done  in  the  most  thorough 
manner,  and  such  existing  wooden  structures  as  are  now  existing 
will,  as  same  are  sufficiently  deteriorated  to  require  renewing,  be 
reconstructed  of  iron,  plans  for  such  reconstruction  to  be  ap- 
proved by  the  City  Engineer  and  Commissioner  of  Public 
Works. 

All  bridges  and  landings  to  be  at  all  times  maintained  in  thor-     Bridges    and 
oughly  safe  and  substantial  condition  and  to  the  satisfaction  of '*°^'"s®* 
the  City  Engineer  and  Commissioner  of  Public  Works,  and  all 
new  work  to  be  done  under  their  supervision. 

The  lessee  shall,  during  the  continuance  of  the  lease,  maintain  i  m  provements 
in  good  order  and  condition  the  existing  improvements  on  the     '°  ^^  ^^^^^ '° 
left  bank  at  the  head  of  Canal  street,   and  make  such  other 
improvements  for  the   proper   landing  of  the   boat  as  may  be 
necessary. 

At  the  landings  of  the  First  and  Second  District  ferries,  on  the  Ferry  houses, 
right  bank,   the  contractor    will    erect   new    substantial    ferry 
houses  of  such  design  as  will  be  approved  by  the  City  Engineer. 
At  the  Second  District  ferry  landing,  on  the  left  bank,  there  will 


304  FERRIES. 

be  provided  a  new  and  larger  pontoon  on  which  will  be  erected 
a  new  substantial  waiting  room. 
Lights.  At  each  ferry  landing  approaches  and  thoroughfares,  on  either 

side  of  the  river,  there  will  be  provided  a  sufficient  number  of 
electric  or  gas  lights  to  thoroughly  illuminate  the  premises. 

Police  stations.  The  Icssces  will,  at  their  own  expense,  maintain  and  keep  in 
good  repair  the  portion  of  the  building  at  the  head  of  Canal 
street  which  is  now  utilized  by  the  city  for  a  police  station,  and 
as  long  as  desired  during  the  continuance  of  this  lease  the  city 
will  occupy  these  quarters  for  the  harbor  police  without  rental. 
Number  of     The  Icsce  shall  run,  or  cause  to  be  run,  during  the  continuance 

boats  and  trips,  of  this  lease,  on  all  days  except  Sundays,  on  the  Canal  street 
ferry,  between  the  hours  of  6  a.  m.  and  8  p.  m.,  two  large  boats, 
not  less  than  120  feet  long  by  50  feet  wide,  these  boats  to  run  so 
as  to  leave  either  side  of  the  river  every  ten  minutes,  necessitat- 
ing each  boat  to  make  three  round  trips  per  hour.  On  the  Canal 
street  ferry,  between  the  hours  of  8  o'clock  p.  m.  and  1a.  m.,  the 
large  boat  will  leave  either  ferry  landing  every  twenty  minutes, 
or  three  trips  per  hour,  and  from  1  A.  M.,  to  6  A.  M.,  this  ferry 
will  make  two  trips  per  hour.  Should  the  present  lessee  be  the 
successful  bidder  he  shall  obligate  himself  to  run  two  boats  at 
Canal  street,  as  provided  in  these  specifications,  every  day  from 
September  15,  1895. 

The  Third  District  ferry,  between  the  hours  of  5  a.  m.  and  8 
p.  M.  shall  make  three  round  trips  per  hour,  leaving  either  ferry 
landing  every  twenty  minutes.  Between  the  hours  of  8  p.  m. 
and  5  a.  m.  the  boat  will  not  run. 

The  Second  District  ferry  will  leave  either  side  every  twenty 
minutes,  or  make  three  round  trips  per  hour,  between  6  a.  m.  and 

7  P.   M. 

The  boats  which  are  run  on  these  ferries  to  be  strong  and  sub- 
stantial and  to  be  kept  in  first-class  order  and  repair.  The  lessees 
shall,  at  their  own  expense,  have  the  boilers  and  hulls  examined 
by  qualified  United  States  inspectors  at  least  once  every  twelve 
months,  and  the  certificates  of  inspection  thus  made,  properly 
framed,  will  be  placed  on  the  boats  in  a  conspicuous  place.  The 
boats  to  be  kept  painted  and  every  precaution  to  be  used  to  pre- 
vent accident  and  measures  adopted  to  secure  the  safety  and 
comfort  of  the  passengers. 
.  ,        Such  ferrv  houses  on  either  side  of  the  river  as  are  not  now 

Accommoda* 
tioBs.  of  sufficient  size  and  provided  with  proper  accommodations  for 

the  convenience  of  passengers  will  be  remodeled,  rearranged,  or 

where  in  the  opinion  of  the  City  Engineer  and  Commissioner  of 

Public  Works,  necessary,  new  and  commodious  buildings  will  be 

erected.    These  buildings  to  be  provided  with  all  the  necessarj' 

waiting  rooms  and  other  conveniences,  as  also  with  lavatory  for 

ladies  and  urinal  for  gentlemen,  and  the  waiting  and  other  public 

rooms  to  be  provided  with  proper  ventilation,  heated  and  lighted. 


FERRIES.  305 

The  maximum  rates  which  the  lessees  shall  have  the  right  to 
charge  shall  be  as  follows,  to- wit: 

For  every  foot  passenger  purchasing  a  single  fare  or  ticket,     charges. 
five  cents.     But  every  such  passenger  shall  be  entitled  to  thirty- 
three  tickets  for  one   dollar,   sixteen  for  fifty   cents,  eight  for 
twenty-five  cents,  and  three  for  ten  cents,  and  school  children, 
twenty  for  fifty  cents. 

Tickets  for  freight  and  packages  to  be  of  the  same  value  as 
tickets  for  passengers. 

For  every  foot  passenger  during  the  night,  between  the  hours 
of  9  p.  M.  and  5  a.  m.,  ten  cents  or  two  tickets. 

For  every  foot  passenger,  five  cents  or  one  ticket. 

For  every  passenger  on  horse  or  mule  back,  both  inclusive,  two 
tickets  or  ten  cents. 

For  every  head  of  cattle,  horse  or  mule,  two  tickets  or  ten 
cents. 

For  eveiy  hearse,  sixty  cents. 

For  every  vehicle  except  when  loaded  with  lumber,  when 
drawn  by  one  horse  or  mule,  twenty  cents. 

For  every  two-wheel  vehicle  (jumper),  one  horse,  fifteen  cents. 

For  every  tally-ho  drawn  by  one  horse,  including  four 
passengers,  twenty  cents. 

For  every  tally-ho  drawn  by  two  horses,  including  four 
passengers,  forty  cents. 

For  every  vehicle,  except  loaded  floats  or  cotton  wagons, 
drawn  by  two  horses  or  horse  kind,  whether  loaded  or  unloaded, 
forty  cents. 

For  every  loaded  float  or  cotton  wagon,  eighty  cents. 

For  everj'  vehicle  drawn  by  three  or  more  horses  or  horse 
kind,  whether  loaded  or  unloaded,  eighty  cents. 

For  every  vehicle  drawn  by  oxen  or  ox  kind,  whether  loaded 
or  unloaded,  eighty  cents. 

For  every  two-wheeled  vehicle  loaded  with  lumber,  twenty 
cents. 

For  every  sack  of  coffee,  salt,  flour,  potatoes,  buckwheat, 
Taarley,  beans,  wheat,  corn,  oats,  corn  meal,  turnips,  apples,  etc., 
or  on  articles  in  sacks,  bags  or  boxes,  not  exceeding  three  cubic 
feet,  box  of  dry  goods  or  merchandise  over  three  and  not  exceed- 
ing ten  cubic  feet,  ten  cents  or  two  tickets. 

For  every  barrel,  ten  cents  or  two  tickets. 

For  every  tierce  of  rice,  meat,  etc.,  twenty  cents  or  five  tickets. 

For  every  half  barrel,  five  cents  or  one  ticket. 

For  every  hogshead  of  sugar,  meat,  etc.,  forty  cents. 

For  every  bale  or  bundle  of  empty  sacks,  ten  cents  or  two 
tickets. 

For  lumber,  when  received  at  one  landing  and  delivered  at 
another,  for  freight  and  labor  per  1000  feet,  board  measure,  five 
dollars. 


306  FERRIES. 

For  bricks,  when  received  at  one  landing  and  delivered  at  the- 
other,  for  freight  and  labor,  per  thousand,  three  dollars. 

For  every  trunk,  ten  cents  or  two  tickets. 

For  bar  and  pig  iron,  per  100  pounds,  five  cents  or  one   ticket. 

For  goats,  sheep  or  hogs,  five  cents  or  one  ticket. 

For  grate,  furnaces  or  chimneys,  five  cents  or  one  ticket. 

For  five-gallon  can  or  demijohn,  five  cents  or  one  ticket. 

For  nest  of  tubs,  buckets  or  measures,  five  cents  or  one   ticket. 

For  every  crate  of  earthenware  or  such  kind,  forty  cents. 

For  every  wheelbarrow,  loaded  or  unloaded,  ten  cents  or  two 
tickets. 

For  small  articles  carried  by  passengers  in  their  hands  no 
charge  shall  be  made.  Articles  not  enumerated  corresponding 
rates  may  be  charged,  and  for  heavj"^  spars,  machinery,  boilers, 
etc.,  or  usual  dimensions  or  weight,  such  prices  as  may  be  agreed 
upon. 

For  small  packages,  not  above  enumerated,  a  charge  of  five 
cents  or  one  ticket  will  be  made,  and  lessee  shall  give  receipt 
and  be  responsible  for  same. 

Only  one  person  besides  the  driver  will  be  allowed  on  wagons 
or  vehicles. 

Xo  freight  to  be  left  on  the   boat  weighing  over  200  pounds, 
and  a  double  charge  will  be  made  for  all  freight  left  on  the  boat 
over  night  and  not  being  called  for  by  the   consignee   or   con- 
signor. 
Fire  Depart-     The  lesscc  of  these  privileges  shall  carry  to  and  fro  free  of 
ment  free.         charge  the  charity  wagons,  city  prisoners,  firemen   of   the   Xew 
Orleans  Fire  Department,  when  on  duty,  and  the  Charity  Hospital 
ambulance   and  other  city  wagons  with  driver,  as  also  the  regular 
police  force  while  in  the  discharge  of  their  duties. 
Pilots  and  En-     The  Icssec  shall  employ  as  pilots  an  t  engineers  none  but  such 
gineers.  ^g  g^j.^  thoroughly   competent  and  who   shall   have   certificates 

from  the  proper  officers  appointed  by  the  United  States  govern- 
ment of  their  qualifications. 
Rights  and     The   exclusive  right  of  these  ferry  privileges   shall   embrace 
privileges.         fj.om  Calliope  to  Elysian  Fields  on  the   left  bank,  and  from   the 
line  of  Jefferson  parish  to  Oliver  street  on  the  right  bank. 

The  lessee  shall  have  the  power  to  occupy  with  pontoons,  piles 
and  other  appurtenances,  to  provide  a  proper  landing  for  the 
Canal  street  ferry,  on  the  right  and  left  banks  two  hundred  feet 
of  river  front,  and  will  have  the  right  to  occupy  one  hundred  and 
fifty  feet  on  each  bank  for  a  terminal  for  the  Second  and  Third 
District  ferries. 

There  will  also  be  provided  the  necessary  area  of  batture  for 
the  erection  of  waiting  rooms,  gangways,  etc.,  at  each  of  the 
ferry  landings,  but  in  no  case  shall  the  amount  of  batture  or 
levee  exceed  the  river  frontage  designated  above. 


FERRIES.  307 

The  privilege  for  the  operating  of  these  ferries  to  be  sold  by  saie  of  privi- 
the  City  Comptroller,  after  due  advertisement,  by  public  auc-  '^&*s- 
tion,  and  the  party  or  parties  to  whom  is  adjudicated  the  priv- 
ilege to  operate  these  ferries  shall*  purchase  from  the  present 
lessee,  whose  lease  expires  December  31,  1896,  such  property  and 
improvements  at  a  valuation  fixed  upon  by  the  appraisers  as 
provided  for  in  the  existing  lease  between  the  city  of  Xew  Or- 
leans and  Mr.  Thos.  Pickles.  Said  appraisers  shall  be  appointed 
at  least  ten  days  prior  to  the  expiration  of  the  lease  of  said 
Thomas  Pickles,  and  shall  complete  their  appraisement  within 
Ave  days,  and  the  successful  bidder  shall  pay  in  cash  to  said 
Thomas  Pickles  the  valuation  fixed  by  said  appraisers  upon  the 
boats,  buildings,  improvements,  docks,  bridges  and  other  im- 
provements and  betterments  constructed  by  said  Thomas  Pickles 
during  the  course  of  his  lease  and  turned  over  to  him  by  said 
appraisers.  This  cash  payment  to  be  made  upon  delivery  by  said 
Thomas  Pickles  to  said  successful  bidder,  said  delivery  to  be 
made  upon  the  day  of  the  expiration  of  the  lease  of  said  Thomas 
Pickles  by  said  successful  bidder,  and  said  successful  bidder  shall 
not  be  entitled  to  said  delivery  until  he  shall  have  made  said 
cash  payment.  It  is  understood  that  the  lessee  shall,  within  six 
months  after  he  begins  the  operation  of  the  ferries  under  this 
lease,  make  such  improvements  in  the  ferry  houses,  etc.,  as  the 
City  Engineer  and  Commissioner  of  Public  Works  may  deem  nec- 
essary, and  he  shall,  during  the  continuance  of  the  lease  proceed  to 
execute  such  improvements  and  betterments  as  in  the  opinion 
of  the  City  Engineer  and  Commissioner  of  Public  Works  are 
necessary  for  the  safetj%  comfort  and  convenience  of  the  pas- 
sengers. 

The  purchaser  of  this  franchise  shall,  on  the  last  day  of  his  lease,  surrender  and 
or  at  the  termination  of  any  extended  time,  peaceably  leave,  sur-  transf  er  of 
render  and  yield  the  said  ferries,  as  also  the  ferry  property  and 
boats  and  improvements,  with  all  the  rights  provided  and  appur- 
tenances thereunto  belonging,  and  other  fixtures  and  improve- 
ments which  may  have  been  erected  for  the  use  of  said  ferries 
and  the  proper  maintaining  of  same,  in  good  order  and  condi- 
tion, into  the  possession  of  the  city  of  New  Orleans,  or  to  such  party 
or  parties  to  whom  may  be  adjudicated  the  privilege  for  continuing 
the  ferries  shall  purchase  all  betterments  and  improvements, 
wharves,  docks,  floats,  pavement,  ferry  houses  and  other  prop- 
erty of  the  retiring  lessee  which  was  used  upon  and  for  said 
ferries,  and  actually  necessary  for  the  purpose  of  operating  said 
ferries,  at  a  fair  appraised  valuation  to  be  fixed  by  two  appraisers, 
one  to  be  appointed  by  the  said  lessee  and  one  to  be  appointed  by 
the  lessor.  In  case  of  disagreement  of  said  two  appraisers, 
the  said  appraisers  shall  appoint  an  umpire,  who  shall  decide  be- 
tween them,  and  the  finding  of  the  majority  of  said  board  of 
appraisers  shall  be  binding. 


308 


FERRIES. 


Term  off  ran 
xhise. 


•Payments. 


Deposit. 


The  privilege  of  operating  the  said  ferries  to  be  for  the  full 
term  of  ten  years  and  to  be  in  accordance  with  the  terms  and 
conditions  herein  set  forth,  and  to  begin  immediately  on  th«  ex- 
piration of  the  present  lease  or  as  soon  thereafter  as  the  pur- 
chaser has  qualified. 

The  party  or  parties  to  whom  is  adjudicated  the  privilege  of 
operating  these  ferries,  shall,  on  the  adjudication,  pay  into  the 
city  treasury  one-fourth  of  the  whole  amount  for  which  the  priv- 
ilege is  sold,  and  shall  execute  three  notes  in  favor  of  the  city  in 
equal  proportions,  the  aggregate  amount  of  the  notes  to  be 
three-fourths  of  the  total  amount  for  which  the  privilege  is  sold, 
which  notes  will  be  due  one,  two  and  three  years  after  the  date 
which  the  purchaser  enters  into  the  enjoyment  of  the  privilege, 
so  that  the  tirst  note  will  be  due  on  the  31st  day  of  December, 
1897,  the  second  note  on  the  31st  day  of  December,  1898,  and  the 
third  note  on  the  31st  day  of  December,  1899,  these  notes  to  bear 
interest  at  the  rate  of  8  per  cent,  per  annum  from  maturity  until 
paid,  and  to  be  endorsed  and  deposited  with  the  Treasurer  of  the 
city  of  Xew  Orleans. 

All  parties  desirous  of  bidding  for  these  privileges,  before 
being  eligible  to  do  so,  shall  first  deposit  with  the  City  Treasurer 
the  sum  of  $5000  in  currency  or  certified  checks,  which  deposit 
will  be  exhibited  to  the  Comptroller  at  the  time  of  the  sale,  and 
which  deposit  will  be  to  insure  the  signing  of  the  contract.  This 
deposit  will  be  returned  to  all  unsuccessful  bidders  on  the  adjud- 
ication of  the  contract  and  to  the  successful  bidder  on  the  sign- 
ing of  the  contract. 

The  party  or  parties  to  whom  this  privilege  is  awarded  will 
give  bond  with  good  and  solvent  security  in  the  full  sum  of 
$20,000  to  guarantee  faithful  compliance  with  the  terms  of  these 
specifications. 

The  city  reserves  the  right  to  reject  any  and  all  bids. 

Office  City  Engineer,  Xew  Orleans,  May  21,  1895. 

L.  W.  Brown,  City  Engineer. 


Said  Thomas  Pickles,  lessee,  declared  that  he  accepts  this 
lease  and  exclusive  privilege,  on  the  terms  and  conditions  herein 
set  forth,  and  subject  to  the  provisions  of  said  aforecited  speci- 
fication, and  promises  for  and  binds  himself  and  his  heirs  or  as- 
signs to  a  faithful  compliance  therewith  in  all  and  every  particu- 
lar, and  he  hereby  specially  agrees  and  binds  himself  to  cause 
to  be  constructed  and  maintained  the  wharves  and  ferry  houses 
and  other  improvements  as  set  forth  in  the  specifications  as  here- 
in referred  to. 

In  consideration  of  the  faithful  compliance  with  all  the  forego- 
ing and  the  maintenance  and  the  operation  of  the  steam  ferries 
at  said   points,  by  said  Thomas  Pickles,  lessee,  or  assigns,  he, 


FERRIES.  30ft 

said  lessee,  shall  be  entitled  to  charge  and  receive  the  prices  for 
ferry  service,  set  forth  in  the  foregoing  specifications. 

This  sale,  lease  and  exclusive  ferry  privilege  is  made  and  ac- 
cepted in  pursuance  of  the  public  adjudication  made  bj^  the 
Honorable  Charles  R.  Kennedy,  Comptroller  of  the  city  of  Xevv 
Orleans,  on  the  24th  day  of  July,  1895,  for  and  in  consideration  of 
the  payment  by  said  Thomas  Pickles,  lessee,  of  the  sum  of 
forty-nine  thousand  ($49,000)  dollars,  for  the  whole  term  of 
this  lease  and  privilege  ,  payable  in  the  manner  following,  to- 
wit: 

Twelve  thousand  two  hundred  and  fifty  ($12,250)  dollars  in 
cash  current  money  having  been  paid  by  the  said  Thomas  Pickles 
at  the  execution  of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged  by  said  Hon.  Irwin  Jamison,  acting  Mayor,  for 
and  on  behalf  of  the  said  city  of  Xew  Orleans,  and  full  acquittance 
and  discharge  granted  therefor:  and  to  represent  the  balance 
of  said  price,  to- wit :  the  sum  of  thirty-six  thousand  seven  hundred 
and  fifty  ($36,750)  dollars,  said  Thomas  Pickles,  lessee,  has  made 
and  delivered  three  certain  promissory  notes  to  his  own  order 
and  by  him  endorsed,  each  for  the  sum  of  twelve  thousand  two 
hundred  and  fifty  ($12,250)  dollars,  payable  respectively,  the  flrst 
note  on  the  31st  day  (fixed)  of  December,  1897,  and  the  second 
note  on  the  31st  day  (fixed)  of  December,  1898,  and  the  third  note 
on  the  31st  day  (fixed)  of  December,  1899,  and  bearing  interest  at 
the  rate  of  eight  per  centum  per  annum  from  maturity  until  paid, 
the  receipt  whereof  is  hereby  acknowledged,  and  due  acquittance 
and  discharge  granted  therefor,  all  of  said  notes  have  been  en- 
dorsed to  the  satisfaction  of  the  City  Council  of  the  city  of  Xew 
Orleans,  by 

Which  said  promissory  notes,  after  having  been  paraphed  ne 
varietur  by  me,  notary,  for  identification  with  this  act,  have 
been  delivered  to  said  Irwin  Jamison,  acting  Mayor,  who 
acknowledges  the  receipt  thereof. 

It  is  agreed  and  understood  by  and  between  the  parties  hereto 
that  in  all  other  respects  not  herein  specially  mentioned  the 
execution  of  this  contract  and  privilege  shall  be  governed  by  the 
afore-recited  specifications. 

Art.  689.  Whereas,  under  the  contract  entered  into  Extending  time 
between  the  city  of  New  Orleans  and  Capt.  Pickles  for    Service."  ^  *  ^ 
the  leasing  of  the  First,  Second  and  Third  District  Fer-gfs.^"'"'^"'' 
ries,  the  said  Capt.  Thos.  Pickles  obligated  himself  to^^^'-  '°'  '^^' 
place  in  operation  at  Canal  street  two  boats ;  and  where- 
as, the  said  Capt.  Thos.  Pickles  is  making  considerable 
improvements  at  the  landing  of  the  Canal  street  ferry- 
on  the  Algiers  side  in  the  way  of  new  wharves  and  ferry 


310 


house;  and  whereas,  it  is  absolutely  necessary  that  said 
improvements  be  completed  before  the  said  double  ser 
vice  can  be  put  in  effect ;  and  whereas,  said  improve- 
ments can  not  be  completed  until  about  October  15. 

Resolved,  That  the  said  Capt.  Thos.  Pickles  be  and  he  is 
hereby  granted  an  extension  of  time  until  October  15 

JACKSOX   STREET  FERRY. 

The  Honorable  John  Fitzpatriek,  Mayor  of  the  city  of  Xew 
Orleans,  herein  acting  in  his  official  capacity  as  Mayor  aforesaid, 
being  herein  and  hereunto  specially  authorized  and  empowered 
by  Ordinance  Xo.  11,767,  Council  Series,  adopted  by  the  City 
■Council  of  the  city  of  Xew  Orleans  on  the  14th  day  of  .lanuary, 
A.  D.  1896,  and  previous  proceedings  of  the  City  Council,  a  duly 
certified  copy  of  which  ordinance  is  hereunto  annexed  and  made 
part  hereof. 

Second — The  Hon.  Louis  H.  Marrero,  President  of  and  herein 
representing  the  Police  Jury  of  the  parish  of  Jefferson,  State  of 
Louisiana,  under  and  by  virtue  of  the  authority  conferred  on 
him  by  a  resolution  adopted  by  said  Police  Jury  at  a  session  held 
on  the  30th  day  of  Januaiy,  A.  D.  1896,  a  duly  certified  copy  of 
which  resolutions  hereunto  annexed. 

Also  came  and  appeared  Mr.  Thomas  Pickles,  of  this  citj\ 

Said  John  Fitzpatriek,  Mayor,  and  said  Louis  H.  Marrero, 
President  as  aforesaid,  severally  and  mutually  declared  that, 
acting  in  their  aforesaid  representative  capacity,  and  for  and  on 
behalf  of  the  city  of  Xew  Orleans  and  the  said  parish  of  Jeffer- 
son, and  under  and  by  virtue  of  the  authority  conferred  on  them 
respectively  by  said  Ordinance  Xo.  11,767,  Council  Series,  and 
the  aforementioned  resolution  of  the  Police  Jury  of  the  parish  of 
Jefferson,  and  for  the  consideration  and  on  the  terms  and  condi- 
tions hereinafter  set  forth, 

They  do,  by  these  presents  grant,  bargain,  sell,  make  over  and 
lease  unto  said  Thomas  Pickles,  his  heirs,  assigns  and  successors, 
the  right  and  privilege  of  operating  and  maintaining  at  his  own 
-cost,  charge  and  expense,  a  steam  ferry  or  ferries,  to  ply  between 
the  Fourth  District  of  the  city  of  New  Orleans,  from  the  head  of 
Jackson  avenue,  and  the  parish  of  Jefferson,  on  the  right  bank  of 
the  Mississippi  river  at  a  point  at  or  near  Lavoissier  street, 
Gretna,  for  a  period  of  ten  (10)  years,  to  begin  and  be  computed 
from  the  1st  day  of  January,  one  thousand  eight  hundred  and 
ninety-six  (1896),  and  to  end  on  the  31st  day  of  December,  one 
thousand  nine  hundred  and  six  (1906). 

The  whole  in  pursuance  of  the  provisions  of  said  Ordinance 
No.  11,767,  Council  Series,  and  previous  proceedings  by  the  City 
-Council,  and  the  aforementioned  resolution  and  previous  pro- 


FERRIES.  311 

■ceedings   of  said  police  jury,   and  in  strict   conformity  with  the 
specifications,   which  are  in  words  and  figures  following,  to- wit: 

Specifications  for  the  Sale  of  the  Lease  of  the  Jack- 
son Street  Ferry  Privilege  for  a  Period  of  Ten 
Years. 

The  ferry  landing  on  the  left  bank  of  the  Mississippi  river,  in  Franchise, 
the  Fourth  District  of  the  city  of  New  Orleans,  will  be  that  portion 
of  the  bank  of  the  river  extending  from  the  lower  line  of  Jack- 
son street  up  one  hundred  and  fifty  feet.  The  ferry  landing  on 
the  right  bank  of  the  Mississippi  river  to  be  in  Gretna,  and  to 
have  a  frontage  of  one  hundred  and  fifty-five  feet  on  the  river  at 
about  the  head  of  Lavossier  street.  This  description  is  the  same 
as  the  location  now  being  occupied  by  this  ferry. 

The  parties  to  whom  this  lease  is  adjudicated  shall  maintain  in  Repairs, 
good  repair  and  condition  during  the  continuance  of  the  lease 
substantial  pontoons  at  each  of  the  landings  on  each  side  of  the 
river  so  as  to  provide  a  convenient  and  safe  landing  for  the  boats 
and  proper  connection  with  the  shore  for  both  passengers  and 
vehicles. 

The  pontoons  or  floating  wharves  to  be  strong  and  substantial  Pontoons 
and  of  proper  dimensions,  properly  decked,  and  provided  with^"^  floating 
the  necessary  railings  and  other  appurtenances.  Such  pontoons 
as  are,  in  the  opinion  of  the  City  Engineer,  insutticient  in  dimen- 
sions or  are  deteriorated  to  such  an  extent  as  to  be  unsafe,  will 
be  replaced  by  new  ones,  which  will  be  built  of  such  dimensions 
and  in  such  manner  and  according  to  such  plan  as  will  be  ap- 
proved by  the  City  Engineer.  The  connection  which  will  be 
made  between  this  pontoon  against  which  the  boats  land  and  the 
shore  for  the  passage  of  vehicles  and  passengers  will  be  of  such  con- 
struction as  will  admit  of  the  slope  at  extreme  high  or  low  water 
to  be  such  as  will  be  required  by  the  City  Engineer,  these  in- 
clines to  be  as  easy  as  the  conditions  existing  at  the  different 
points  will  admit. 

The  gangway  for  vehicles  shall  be  not  less  than  thirteen  feet  Gangway, 
wide,  and  for  passengers  shall  be  not  less  than  six  feet  wide,  and 
these  connections  to  be  thoroughly  and  substantially  built  of  iron, 
secured  to  piling,  the  whole  work  to  be  done  in  the  most  thorough 
manner,  and  such  existing  wooden  structures  as  are  now  exist- 
ing will,  as  same  are  sufiiciently  deteriorated  to  require  renew- 
ing, be  reconstructed  of  iron,  plans  for  such  reconstruction  to  be 
approved  by  the  City  Engineer. 

All   bridges  and   landings   to  be  at  all   times   maintained  in     Bridges    and 
a  thoroughly  safe  and  substantial   condition  and   to  the   entire  landings, 
satisfaction  of  the  City  Engineer,  and  all  new  work  to  be   done 
under  his  supervision. 

The  lessee  shall,  during  the  continuance  of  the  lease,  maintain 
in  good  order  and  condition  the  existing  improvements  on  the 


312 


FERRIES. 


I  m  provements  1^^'  bank  at  the  head  of  Jackson  street,  and  make  such  other  ini- 

^good  ''condi-  provements  for  the  proper  landing  of  the  boats  as  may  be  neces- 

tion.  sary. 

The  lessee  shall  be  bound  to, provide  and  maintain,  at  his  own 

Lights,  expense,  a  sufflcient  number  of  lights  on  and  in  the   landings, 

wharves,  buildings  above  mentioned,  and  such  as  shall  be  ap- 
proved by  the  City  Engineer. 

Boats.  The  lessee  shall  be  bound  to  run,  or  cause  to  be  run,  during  the 

hours  hereinafter  mentioned,  one  or  more  good  and  substantial 
steamboats ;  the  boat  or  boats  shall  be  of  a  capacity  of  not  less  than 
one  hundred  tons  burden,  customhouse  measure,  and  to  be  con- 
structed and  maintained  in  every  respect  suitable  for  first-class 
ferryboats. 

Trips.  During   the   months   of   November,    December,   January  and 

February  the  lessee  shall  be  bound  to  start  the  boats  not  later  than 
6  o'clock  in  the  morning.  During  the  months  of  March,  April, 
May,  June,  July,  August,  September  and  October  not  later  than 
5  o'clock  in  the  morning,  and  continue  running  the  same  so  as  to 
make  at  least  five  crossings  of  the  river  each  and  every  hour  un- 
til 9  o'clock  at  night  in  the  summer  and  8  o'clock  in  the  winter,  at 
which  time  the  boat  will  leave  the  landing  on  the  New  Orleans 
side. 

Night  trips.  The  Icssce  shall  be  bound  to  place  and  maintain  during  said 
lease  a  good  and  substantial  tugboat,  capable  of  transporting 
thirty  (30)  passengers  and  at  least  one  vehicle  at  a  time  across 
the  river  from  either  side  at  all  hours  of  the  night,  from  the  time 
the  day  ferryboats  stop  running  until  they  commence  running 
again  in  the  morning,  making  throughout  the  night  at  least  one 
round  trip  every  half  hour. 
Responsibility.  Th^  lessee  shall  hold  himself  responsible  as  a  common  carrier 
not  only  to  the  Police  Jury  of  the  parish  of  Jefferson  and  the  city 
of  New  Orleans,  but  to  any  and  all  persons  who  may  be  aggrieved 
at  his  non-compliance  with  the  above  stipulations,  and  that  such 
parties  may  bring  suit  in  any  court  of  competent  jurisdiction  for 
the  full  amount  of  damages  resulting  from  failure  on  the  part  of 
lessee. 

Charges.  The  maximum  rates  the  lessee  shall  have  the  right  to  charge 

shall  be  as  follows,  to-wit : 

For  every  foot  passenger,  five  cents. 

For  every  passenger  on  horse  or  mule  back,  or  both  included, 
ten  cents.     For  every  bicycle  and  rider,  five  cents. 

For  every  head  of  cattle,  horse  or  mule,  ten  cents. 

For  every  hearse  one  ($1)  dollar. 

For  every  vehicle,  except  when  loaded  with  lumber,  drawn  by 
one  horse  or  mule,  25  cents,  or  100  tickets  for  $20.  The  lessee  or 
lessees,  however,  shall  not  be  recxuired  to  sell  less  than  100  tickets 
to  any  one  person. 


FERRIES.  313^ 

For  every  vehicle,  except  loaded  floats  or  cotton  wagons,  drawn 
by  two  horses  or  horse  kind,  whether  loaded  or  unloaded,  50 
cents. 

For  every  loaded  float  or  cotton  wagon,  which  are  drawn  by 
three  or  more  horses  or  horse  kind,  loaded  or  unloaded,  one  ($1) 
dollar. 

For  every  two-wheeled  vehicle  loaded  with  lumber,  50  cents. 

On  all  vehicles  the  drivers  shall  be  allowed  to  ride  free,  except- 
ing on  tally-hos,  when  four  passengers  will  be  allowed  to  ride  free. 

For  every  sack  of  coffee,  flour,  salt,  buckwheat,  barley,  bran^ 
wheat,  boxes  corn,  oats,  corn  meal,  turnips,  apples,  etc.,  all  ar- 
ticles in  sacks,  bags  or  boxes,  not  exceeding  three  cubic  feet,  5 
cents. 

For  every  box  of  dry  goods,  merchandise,  over  three  and  not 
exceeding  ten  cubic  feet,  10  cents. 

For  every  barrel,  ten  cents. 

For  every  tierce  of  rice,  meat,  etc.,  20  cents. 

For  every  half  barrel,  5  cents. 

For  every  hogshead  of  meat,  sugar,  etc.,  50  cents. 

For  every  bale  or  bundle  of  empty  sacks,  10  cents. 

For  every  bale  of  cotton,  moss,  etc.,  10  cents. 

For  lumber,  when  received  at  one  landing  and  delivered  at  the 
other,  for  freight  and  labor,  per  thousand  feet,  board  measure, 
two  ($2)  dollars. 

For  bricks,  when  received  at  one  landing  and  delivered  at  the  . 
other,  for  freight  and  labor,  per  thousand,  three  ($3)  dollars. 

For  every  trunk,  10  cents. 

For  bar  and  pig  iron,  per  100  pounds,  5  cents. 

For  every  goat,  sheep  or  hog,  5  cents. 

For  every  grate  for  furnace  or  chimney,  5  cents. 

For  every  flve-gallon  can  or  demijohn,  5  cents. 

For  every  nest  of  tubs,  buckets  or  measures,  5  cents. 

For  every  crate  of  earthenware  or  such  kind,  50  cents. 

For  small  articles  carried  by  passengers  in  their  hands  no- 
charge  shall  be  made. 

For  articles  not  enumerated,  corresponding  rates  may  be  made 
or  charged,  and  for  heavy  spars,  machinery,  boilers,  etc.,  of  un- 
usual  dimensions  or  weight,  such  prices  as  may  be  agreed  upon. 

For  every  passenger  crossing  at  night  in  the  tugboat,  between  the 
hours  of  9  o'clock  p.  m.  and  5  o'clock  A.  M.,  10  cents,  and  for  all 
other  transportation  double  the  rates  set  forth. 

The  lessee  shall  carry  to  and  fro,  free  of  charge,  the  charity 
wagons  of  the  city  and  ambulances  of  the  Charity  Hospital,  with 
their  drivers  and  attendants,  and  the  regular  police  officers  of 
both  corporations,  while  in  the  discharge  of  their  official  duties. 

No  freight  shall  be  left  on  the  boats  weighing  over  200  pounds, 
and  a  double  charge  will  be  made  for  all  freight  left  on  the  boats 
over  night  and  not  called  for  by  the  consignee  or  consignor. 


314  FERRIES. 

For  small  articles  not  enumerated  a  charge  of  5  cents  will  be 
made,  and  the  lessee  shall  give  receipt  and  be  responsible  for 
same. 

All  freight  shall  be  delivered  on  the  floating  wharf  by  the 
shippers  and  shall  be  delivered  on  the  other  side  and  be  imme- 
diately removed  from  the  floating  wharf  by  the  shipper  or  con- 
signee. 

Pilots  and  En-      The   lessee  shall  be  bound  to  employ  as  pilots  and  engineers 
gineers.  none  but  such  as  are  fully  competent  to  their  task  or  employ,  and 

such  only  as  shall  have   certificates  from  the  proper  officers   ap- 
pointed by  the  United  States  government  to   grant  such  cer- 
tificates. 
Limits.  The  exclusive  rights  of  the  ferry  privilege  shall  embrace  the 

limits  of  the  Fourth  District  of  the  city  of  New  Orleans,  on  the 
left  bank,  and  between  the  Richard  street  and  Louisiana  avenue 
ferry,  on  the  right  bank. 
Sale  of  prop-     The  privilege  for  operating  this  ferry  to  be  sold  by  the  City 

^^^'  Comptroller  of  the   city  of  New  Orleans  after  due  advertisement 

by  public  auction,  and  the  party  or  parties  to  whom  is  adjudicated 
the  privilege  to  operate  these  ferries  shall  purchase  from  the 
present  lessee  such  property  and  improvements  at  a  valuation 
fixed  upon  by  the  appraisers  as  provided  for  in  the  existing  lease 
between  the  city  of  New  Orleans  and  Mr.  Thomas  Pickles. 

Appraisement.  Said  appraisers  shall  be  appointed  at  least  ten  daj^s  prior  to  the 
expiration  of  the  lease  of  said  Thomas  Pickles,  and  shall  com- 
plete their  appraisement  within  five  days,  and  the  successful 
bidder  shall  pay  in  cash  to  said  Thomas  Pickles  the  valuation 
fixed  by  said  appraisers  upon  the  boats,  buildings,  improvements, 
docks,  bridges  and  other  improvements  and  betterments  con- 
structed by  said  Thomas  Pickles  during  the  course  of  his  lease 
and  turned  over  to  him  by  said  appraisers. 

Paymentbefore  This  cash  payment  to  be  made  upon  delivery  by  said  Thomas 
delivery.  pickles  to  Said  succcssful  bidder,  said  delivery  to  be  made  upon 
the  day  of  the  expiration  of  the  lease  of  said  Thomas  Pickles  by 
said  successful  bidder,  and  said  successful  bidder  shall  not  be 
entitled  to  said  delivery  until  he  shall  have  made  said  cash  pay- 
ment. 

Improvements.  It  is  understood  that  the  lessee  shall,  within  six  months  after  he 
begins  the  operation  of  the  ferry  under  this  lea ^e.  make  such  im- 
provements in  the  ferry  houses,  etc.,  as  the  City  Engineer  may 
deem  necessary,  and  he  shall,  during  the  continuance  of  the  lease, 
proceed  to  execute  such  improvements  and  betterments  as  in  the 
opinion  of  the  City  Engineer  are  necessary  for  the  safety,  com- 
fort and  convenience  of  the  passengers. 
Surrender  of     The  purchaser  of  this  franchise  shall,  on  the  last  day  of  his 

pTr  a^uVn  ^of  l^asc  or  at  the  termination  of  any    extended    time,   peaceably 

«erm.  leave,  surrender  and  yield  the  said  ferries,  as  also  the  ferry  prop- 

erty and  boats  and  improvements,  with  all  the  rights  provided 


FERRIES. 


315 


and  appurtenances  thereunto  belonging,  and  other  fixtures  and 
improvements  which  may  have  been  erected  for  the  use  of  said 
ferries  and  the  proper  maintaining  of  same,  in  good  order  and 
condition,  into  the  possession  of  the  city  of  New  Orleans,  or  to 
such  party  or  parties  to  whom  may  be  adjudicated  the  privilege 
for  continuing  the  ferries  shall  purchase  all  betterments  and  im- 
provements, wharves,  docks,  floats,  pavements,  ferry  houses  and 
•other  property  of  the  retiring  lessee,  which  was  used  upon  and 
for  said  ferries  and  actually  necessary  for  the  purpose  of  oper- 
ating said  ferries,  at  a  fair  appraised  valuation,  to  be  fixed  upon 
by  two  appraisers,  one  to  be  appointed  by  the  said  lessee  and  one 
to  be  appointed  by  the  lessor.  In  case  of  disagreement  of  said 
two  appraisers,  the  said  appraisers  shall  appoint  an  umpire,  who 
«hall  decide  between  them,  and  the  finding  of  the  majority  of 
said  board  of  appraisers  shall  be  binding. 

The  privilege  of  operating  said  ferry  to  be  for  the  full  term  of  Time  of 
ten  years,  and  to  be  in  accordance  with  the  terms  and  conditions    *^'^'*^- 
herein  set  forth  and  to  begin  immediately  on  the  expiration  of  the 
present  lease  or  as  soon  thereafter  as  the  purchaser  has  qualified. 

The  party  or  parties  to  whom  is  adjudicated  the  privilege  of 
operating  this  ferry  shall,  on  the  adjudication,  pay  in  equal  parts 
to  the  Treasurer  of  the  city  of  Xew  Orleans  and  the  police  jury 
of  the  parish  of  Jefferson  one-third  of  the  amount  for  which  the 
privilege  is  sold,  in  cash,  and  the  balance  in  one  and  two  years, 
and  will  execute  two  notes,  one  in  favor  of  the  city  of  New 
Orleans,  and  deliver  same  •  to  the  Treasurer  of  the  city  of 
New  Orleans,  and  one  in  favor  of  same  delivered  to  the 
police  jury  of  the  parish  of  Jefferson,  which  notes  shall  be  of 
equal  proportions,  and  which  notes  shall  be  due  one  and  two 
years  after  the  date  which  the  purchaser  enters  into  the  enjoy- 
ment of  this  privilege,  these,  notes  to  bear  interest  at  the  rate  of 
8  per  cent,  per  annum  from  maturity  until  paid. 

All  parties  desirous  of  bidding  for  this  privilege  before  being  Deposit, 
eligible  to  do  so  shall  first  deposit  with  the  City  Treasurer  of  the 
city  of  New  Orleans  the  sum  of  $2500  in  currency  or  certified 
check,  which  deposit  will  be  exhibited  to  the  Comptroller  at  the 
time  of  sale,  and  which  deposit  will  be  to  insure  the  signing  of 
the  contract.  This  deposit  will  be  returned  to  all  unsuccessful 
bidders  on  the  adjudication  of  the  contract  and  to  the  successful 
bidder  on  the  signing  of  the  contract. 

The  party  or  parties  to  whom  this  privilege  is  awarded  will  Bond, 
give  bond  with  good  and  solvent  security  in  the  full  sum  of  $10,- 
000  to  guarantee  faithful  compliance  with  the  terms  of  these 
specifications,  and  shall  construct  a  neat,  substantial  building  for 
waiting-room,  etc.,  on  the  right  bank  of  the  river  about  the  head 
of  Lavoissier  street,  at  the  present  landing  of  said  Jackson  street 
ferry  and  construct  a  brick  foot  walk  seven  feet  wide  from  said 
Jerry,  house  to  the  property  line  on  Front  street,  the  above  to  be 


316  FERRIES. 

in  accordance  with  plans  and  specifications  to  be  approved  by  the 
police  jury  of  the  parish  of  Jefferson  and  to  be  completed 
within  six  (6)  months.  The  lessee  or  lessees  shall  be  required  ta 
construct  two  approaches  at  Jackson  street  of  vitrified  brick,  in 
accordance  with  plans  and  specifications  to  be  approved  by  the 
City  Engineer. 

The  right  is  reserved  to  reject  any  or  all  bids. 
Office  City  Engineer,  New  Orleans,  July  30,  1895. 

L.  W.  BBOWN, 
City  Engineer. 

Amendments  to  Specifications. 

For  the  Sale  of  the  Lease  of  the  Jackson  Street  Ferrxj. 

Waiting  rooms.  The  party  or  parties  purchasing  this  lease  shall,  within  six 
months  after  purchase,  construct  at  the  head  of  Jackson  street  a 
neat,  substantial  building  for  waiting  rooms,  offices,  etc.,  provided 
with  a  tower  and  clock,  plans  and  specifications  for  same  to  be 
approved  by  the  City  Engineer.  L.  W.  BKOWN, 

New  Orleans,  Aug.  9!!  1895.  Citij  Engineer. 

Amendment  hy  City  Council,  Nov.  5.,  1895. 

Terms  of  pay-     Motion  by  Mr.  Kane — I  move  that  these  specifications  for  the 
™^°^'  sale  of  the  Jackson  street  ferry  privilege  be  amended  in  so  far 

as  regards  the  payment  as  follows :  That  one-half  of  the  amount 
bid  for  said  franchise,  and  which  is  to  be  paid  to  the  parish  of  Jef- 
ferson as  their  portion,  be  paid  in  twenty  equal  annual  instal- 
ments.   Adopted. 

Amended  by  City  Council,  Dec.  10,  1895. 

By  Mr.  Jamison — Moved,  that  the  specifications  for  sale  of  the 
Jackson  street  ferry  franchise  be  amended  in  so  far  as  the  rates 
of  fare  to  be  charged  by  the  successful  bidder,  so  as  to  read  as 
follows : 
Charges.  That  the  rate  of  fare  shall  be  the  same  as  that  charged  by  the 

lessee  and  provided  in  contract  for  the  Canal  street  ferry,  and 
the  Comptroller  be  and  he  is  hereby  directed  to  call  the  attention 
of  bidders  to  above  change  in  specifications  at  the  time  of  sale. 
Adopted. 

Said  Thomas  Pickles,  lessee,  declared  that  he  accepts  this 
lease  and  exclusive  privilege  on  the  terms  and  conditions  herein 
set  forth,  and  subject  to  the  provisions  of  said  aforecited  specifica- 
tions, and  promises  for  and  binds  himself  and  his  heirs  or  assigns 
to  faithful  compliance  therewith  in  all  and  every  particular,  and 
he  hereby  specially  agrees  and  binds  himself  to  cause  to  be  con- 
structed the  wharves,  ferry  houses,  walks,  approaches,  etc.,  as. 
set  forth  in  the  specifications  as  hereinbefore  referred  to. 


FERRIES.  317 

In  consideration  of  the  faithful  compliance  with  all  the  fore- 
going and  the  maintenance  and  operations  of  steam  ferries  at 
such  point  by  said  Thomas  Pickles  or  assigns,  he,  said  lessee, 
shall  be  entitled  to  charge  and  receive  the  price  for  ferry  service 
setforth  in  the  foregoing  specitications,  subject  to  the  amendments. 

This  sale,  lease  and  exclusive  ferry  privilege  is  made  and  ac- 
cepted in  pursuance  of  the  public  adjudication  made  by  the  Hon- 
orable Charles  R.  Kennedy,  Comptroller  of  the  city  of  New  Or- 
leans, on  the  12th  day  of  December,  A.  D.  ]895,  for  and  in  con- 
sideration of  the  payment  by  said  Thomas  Pickles,  lessee,  of  the 
sum  of  ten  thousand  ($10,000)  dollars  for  the  whole  term  of  this 
lease  and  privilege,  payable  to  the  city  of  New  Orleans  and  the 
pai'ish  of  .Jefterson,  in  equal  portions. 

This  lease  or  extension  of  franchise  is  made  and  accepted  for 
and  in  consideration  of  the  price  and  sum  of  ten  thousand  ($10,- 
OOO)  dollars  for  the  full  term  of  ten  years,  which  has  been  settled 
in  the  manner  following,  to-wit: 

Sixteen  hundred  and  sixty-six  66%-100  ($1666.66%-100)  dollars 
<5ash,  has  been  paid  in  cash  current  money  by  said  Thomas 
Pickles,  lessee,  at  the  execution  of  these  presents  and  in  the  pres- 
ence of  the  undersigned  notary  and  witnesses,  to  the  Honorable 
John  Fitzpatrick,  Mayor,  and  the  sum  of  two  hundred  and  fifty 
($250)  dollars  cash,  the  amount  of  the  first  semi-annual  payment, 
has  been  handed  to  said  Louis  H.  Marrero,  president  of  the  police 
jury  of  the  parish  of  .refferson,  the  receipt  of  which  amount  is 
hereby  acknowledged  by  said  parties,  respectively,  who  each 
grant  full  acquittance  and  discharge  therefor. 

And  to  represent  the  balance  of  said  price,  to-wit:  the  sum  of 
six  thousand  six  hundred  and  sixty-six  662^-100  ($6666.66-3-100) 
dollars,  one-half  of  which,  to-wit:  the  sum  of  three  thousand 
three  hundred  and  thirty-three  33I3-IOO  ($3333.331 3 -100)  dollars, 
which  goes  each  to  the  city  of  New  Orleans  and  the  parish  of 
Jefferson,  respectively,  has  been  settled  for  by  said  Thomas 
Pickles  in  the  manner  and  form  following  to-wit:  He  has 
executed  and  delivered  two  certain  promissory  notes,  to  the  order 
of  the  city  of  New  Orleans,  dated  the  2d  day  of  January,  A.  D., 
1896,  and  payable  respectively  at  one  and  two  years  after  date^ 
each  for  the  sum  of  one  thousand  six  hundred  and  sixty-six 
66%-100  ($1666.662^-100)  dollars,  with  interest  at  the  rate  of  8 
per  cent,  per  annum  from  maturity  until  paid ;  which  two  notes,  at 
the  execution  of  these  presents,  have  been  delivered  to  the  Hon. 
John  Fitzpatrick,  Mayor  of  the  city  of  New  Orleans,  who  ac- 
knowledges the  receipt  thereof  and  grants  full  acquittance  and 
discharge  therefor. 

Said  Thomas  Pickles  has  also  executed  nineteen  certain  prom- 
issory notes,  all  dated  January  2,  1896,  each  for  the  sum  of  two 
hundred  and  fifty  ($250)  dollars,  to  the  order  of  the  parish  of  Jef- 
erson,  and  payable  respectively,  one  every  six  months,  the  first 


318  FERRIES. 

note  being  payable  on  the  1st  day  of  July,  A.  D.,  1896,  and 
a  note  each  succeeding  six  months  thereafter,  the  last  note  made 
payable  on  the  31st  day  of  December,  A.  D.  1899,  all  bear  interest 
at  the  rate  of  eight  (8)  per  centum  per  annum  from  maturity  until 
paid,  which  said  notes  have  been  handed  to  L.  H.  Marrero,  Presi- 
dent of  said  Police  Jury,  who  acknowledges  the  receipts  thereof 
and  grants  full  acquittance  and  discharge  therefor. 

All  of  which  said  afore-described  promissory  notes  have  been 
paraphed  Ne  varietur  by  me,  notary,  for  the  purpose  of 
identification  with  this  act. 

NAPOLEON  AVENUE  FERRY. 

First — The  Honorable  John  Fitzpatrick,  Mayor  of  the  city  of 
New  Orleans,  herein  acting  in  his  official  capacity  aforesaid, 
being  herein  and  hereunto  specially  authorized  and  empowered 
by  Ordinance  No.  8857,  Council  Series,  adopted  by  the  City 
Council  of  the  city  of  New  Orleans  on  the  13th  day  of  March,  A. 
D.  1894,  and  previous  proceedings  of  the  City  Council,  a  duly 
certified  copy  of  which  ordinance  is  hereunto  annexed  and  made 
part  hereof : 

Second— The  Honorable  Louis  H.  Marrero.  president  of  and 
herein  representing  the  police  jury  of  the  parish  of  Jefferson, 
State  of  Louisiana,  under  and  by  virtue  of  the  authority  conferred 
on  him  by  a  resolution  adopted  by  said  police  jury  at  a  session 
held  on  the  7th  day  of  February,  A.  D.  1894,  a  duly  certified 
copy  of  the  resolution  is  hereunto  annexed. 

Said  John  Fitzpatrick,  Mayor,  and  said  Louis  H.  Marrero, 
president,  as  aforesaid,  severally  and  mutually  declared  that, 
acting  in  their  aforesaid  respective  capacity  and  for  and  on  behalf 
of  the  city  of  New  Orleans  and  the  said  parish  of  Jefferson,  and 
under  and  by  virtue  of  the  authority  conferred  on  them  respec- 
tively by  said  Ordinance  No.  8857,  Council  Series,  and  the  afore- 
mentioned resolution  of  the  police  jury  of  the  parish  of  Jefferson,^ 
and  for  the  consideration  and  on  the  terms  and  conditions  here- 
inafter set  forth. 

They  do,  by  these  presents,  grant,  bargain,  sell,  make  over  and 
lease  unto  said  John  Herbert,  his  heirs,  assigns  and  successors, 
the  exclusive  right  and  privilege  of  operating  and  maintaining,  at 
his  own  cost,  charge  and  expense,  a  steam  ferry  launch,  to  ply 
between  the  Sixth  District  of  the  city  of  New  Orleans,  from  the 
head  of  Napoleon  avenue,  and  the  parish  of  Jefferson,  on  the 
right  bank  of  the  Mississippi  river,  at  a  point  at  or  near  Ames- 
ville,  in  the  parish  of  Jefferson,  for  a  period  of  twenty-five  (25> 
years,  to  begin  and  to  be  computed  from  the  19th  day  of  Febru- 
ary, one  thousand  eight  hundred  and  ninety-four  (1894),  and  to 
end  on  the  18th  day  of  February,  one  thousand  nine  hundred  and 
nineteen  (1919)." 


FERRIES.  319 

The  whole  in  pursuance  of  the  provisions  of  said  ordinance  No. 
8858,  Council  Series,  and  previous  proceedings  of  the  City  Coun- 
cil, and  the  aforementioned  resolution  of  said  Police  Jury,  and  in 
strict  conformity  with  the  specifications,  which  are  in  words  and 
figures  following,  to-wit : 

Specifications  for  Sale  of  a  Franchise  for  a  Steam  Ferry 
Launch  from  Napoleon  Avenue,  Sixth  District,  to 
Such  Point  in  the  Parish  of  Jefferson  as  May  Be  De- 
termined BY  the  Police  Jury  of  Said  Parish.  This 
Franchise  is  Sold  for  a  Period  op  Twenty-five  Years 
FROM  Date  of  Adjudication. 

There  shall  be  kept  and  maintained  in  good  condition  during 
the  continuation  of  the  lease  at  each  terminus  of  this  ferry  a  sub-     kepUn  good 
stantial  and  convenient  floating  wharf  not  less  than  twenty-five     condition, 
feet  in  length  and  six  feet  in  width  and  constructed  in  such  man- 
ner as  to  provide  a  suitable  landing. 

There  is  also  to  be  maintained  at  each  ferry  terminus,  of  such  waiting  rooms 
dimensions  as  will  be  deemed  necessary  for  the  accommodation     ^  "  **  gang- 
of  passengers,  a  suitable  house,  and  a  gangway  not  less  than  four 
feet  wide  will  be  provided  for  the  ingress  and  egress  of  passen- 
gers to  and  from  the  landing  on  either  side. 

The  purchaser  or  purchasers  of  this  franchise  shall  obligate  steam  launch^ 
themselves  to  run  or  cause  to  be  run  a  strong,  substantial  steam 
launch  as  follows:  From  the  first  of  March  to  the  first  of  Novem- 
ber, from  5  A.  M.  to  8  p.  m.,  *and  from  the  first  of  November  to  the 
first  of  March  from  6  A.  m.  to  7  P.  M.  It  being  understood  that 
the  boat  will  leave  the  Jefferson  side  on  arrival  of  each  passenger 
train  on  Texas  &  Pacific  Railroad.  The  launch  employed  must 
be  strong  and  substantially  built,  and  pass  inspection  by  the 
proper  government  officers. 

The  above  lessee  or  lessees  of  this  ferry  shall  be  required  to    Lights, 
maintain  an  electric  light  at  their  landing  place  on  this  side  of 
the  river. 

From  one-half  hour  before  sunrise  to  one-half  hoar  after  sun-  charges, 
set  the  charges  will  be  as  follows:  Fifteen  tickets,  each  ticket 
good  for  one  passage  either  way  between  the  hours  above  men- 
tioned, for  one  dollar;  seven  tickets  for  fifty  cents,  or  three  tickets 
for  twenty-five  cents.  A  single  passage  either  way  shall  be  ten 
cents.  Crossing  and  returning  same  day,  fifteen  cents  for  round 
trip. 

Package  weighing  twenty-five  pounds  and  under,  five  cents; 
package  weighing  over  twenty-five  pounds  and  less  than  one  hun- 
dred pounds,  ten  cents. 

Package  weighing  over  one  hundred  pounds,  ten  cents  for  each 
hundred  pounds. 

From  one-half  hour  after  sunset  to  one-half  hour  before  sun- 
rise the  fare  shall  be  twenty-five  cents  for  each  passenger  either 


320 


FERRIES. 


Forfeiture. 


way,  and  the  lessee  will  have  the  right  to  run  a  strong,  substan- 
tial skiff  during  the  night. 
Responsibility.  The  purchaser  or  purchasers  of  this  franchise  shall  be  respon- 
sible not  only  to  the  Police  Jury  of  the  parish  of  Jefferson  and 
the  City  Council  of  the  city  of  Xew  Orleans  as  a  common  carrier, 
but  also  to  any  and  all  persons  who  maybe  aggrieved  by  his  non- 
compliance or  ill-compliance  with  the  stipulations  of  the  above 
specifications,  and  said  injured  person  or  persons  may  bring  suit 
in  any  court  of  competent  jurisdiction  either  in  the  parish  of  Or- 
leans or  Jefferson  for  the  full  amount  of  damage  sustained  by  the 
said  person  or  persons  resulting  from  active  or  passive  violation 
of  this  franchise. 
Police  free.  When  in  the  discharge  of  official  duties,  but  at  no  other  time, 
lawfully  constituted  police  officers  of  the  city  of  Xew  Orleans  and 
the  parish  of  Jefferson  shall  be  entitled  to  free  passage  to  and  fro 
on  said  ferry. 
„     ,  The  purchaser  of  this  franchise  shall  bind  himself,  his  heirs  and 

assigns,  hy  a  good  and  solvent  bond,  in  the  sum  of  one  thousand 
dollars,  to  well  and  faithfully  perform  and  execute  strictly  in  ac- 
cordance with  the  conditions  and  terms  of  the  specifications 
above  set  forth  for  the  privilege  to  operate  this  ferry. 

It  is  distinctly  understood  that  should  the  purchaser  or  pur- 
chasers of  this  franchise  at  any  time  fail  or  neglect  to  keep  and 
maintain  the  landing,  wharf,  boat  or  buildings  in  good  order  and 
condition  he  shall  forfeit  to  the  city  of  New  Orleans  and  to  the 
parish  of  Jefferson  the  purchase  price  of  this  lease  and  privilege, 
and  the  said  city  of  Xew  Orleans  and  the  Police  Jury  of  Jefferson 
parish  shall  have  the  right  to  re-advertise  and  sell  this  ferry 
privilege  for  account  and  risk  of  this  lease  and  sureties. 

The  purchaser  or  purchasers  of  this  franchise  shall  agree  to 
pay  the  amount  of  their  bid  as  follows : 

Thirty-three  (S'i)  per  cent,  on  the  signing  of  the  contract; 
thirty-three  (33)  per  cent,  twelve  months  thereafter,  and  the 
balance,  or  thirty-three  (33)  per  cent.,  twenty-four  months  after 
the  signing  of  the  contract. 

One-half  of  the  first  payment  to  be  paid  direct  to  the  city  of 
Xew  Orleans,  and  the  other  one-half  direct  to  the  president  of 
the  Police  Jury  of  the  parish  of  Jefferson. 

Each  of  the  two  deferred  payments  will  be  made  in  two  notes, 
one-half  in  favor  of  the  city  of  Xew  Orleans  and  one-half  in 
favor  of  the  parish  of  Jefferson,  and  these  notes  to  bear  interest 
at  the  rate  of  eight  per  cent,  per  annum  from  date  until  paid,  the 
notes  to  be  endorsed  to  the  entire  satisfaction  of  the  City  Council 
of  the  city  of  Xew  Orleans  and  the  Police  Jury  of  the  parish  of 
Jefferson. 

The  city  reserves  the  right  to  reject  any  and  all  bids  for  this 
franchise. 

Bidders  for  this  franchise  will  deposit  with  the  City  Treasurer 


Payments. 


^ 


FERRIES.  321 

the  sum  of  one  hundred  dollars  to  guarantee   the  signing  of  con-     Deposit, 
tract,   which  deposit  will  be  returned  to  all  unsuccessful   bidders 
on  the  adjudication  of  the  contract  and  to  the  successful  bidder 
on  the  signing  of  the  contract. 
New  Orleans,  March  21,  1893.  L.  W.  Brown, 

City  Engineer. 

Here  intervened  said  John  Herbert,  lessee,  who  declared,  that 
he  accepts  this  lease  and  exclusive  privilege  on  the  terms  and 
conditions  herein  set  forth,  and  subject  to  the  provisions  of  said 
aforecited  specifications,  and  promises  for  and  binds  himself  and 
his  heirs  or  assigns  to  a  faithful  compliance  therewith  in  all  and 
every  particular,  and  he  hereby  specially  agrees  and  binds  him- 
self to  cause  to  be  constructed  the  wharves  and  ferry  houses  as 
set  forth  in  the  specitications  as  hereinbefore  referred  to. 

In  consideration  of  the  faithful  compliance  with  all  the  fore- 
going and  the  maintenance  and  operation  of  a  steam  ferry  launch 
at  said  point,  by  said  John  Herbert  or  assigns,  he,  said  lessee, 
shall  be  entitled  to  charge  and  receive  the  prices  for  ferry  ser- 
vice set  forth  in  the  foregoing  specifications. 

This  sale,  lease  and  exclusive  ferry  privilege  is  made  and  ac- 
cepted in  pursuance  of  the  public  adjudication  made  by  the  Hon- 
orable Charles  R.  Kennedy,  Comptroller  of  the  city  of  New 
Orleans,  on  the  19th  day  of  February,  A.  D.  1894,  for  and  in  con- 
sideration of  the  payment  by  said  John  Herbert,  lessee,  of  the 
sum  of  fourteen  hundred  dollars  for  the  whole  term  of  this  lease 
and  privilege,  payable  in  the  manner  following,  to-wit: 

Four  hundred  and  sixty-six  dollars  and  sixty-six  and  two- 
thirds  cents  ($466.6620  in  cash,  current  money,  one-half  each  to 
the  city  of  New  Orleans  and  the  parish  of  Jefferson,  having  been 
paid  by  said  John  Herbert,  at  the  execution  of  these  presents, 
the  receipt  whereof  is  hereby  acknowledged  by  said  Mayor  and 
President  of  said  Police  Jury,  respectively,  for  the  city  of  New 
Orleans  and  the  parish  of  Jefferson,  and  full  acquittance  and 
•   discharge  granted  therefor. 

And  to  represent  the  balance  of  said  price,  to-wit:  the  sum  of 
nine  hundred  and  thirty-three  dollars  and  thirty-three  and  one- 
third  cents  ($933.3333)  said  John  Herbert  has  made  and  delivered 
four  certain  promissory  notes,  each  for  the  sum  of  two  hundred 
and  thirty-three  dollars  and  thirty-three  and  one-third  cents 
($233.3333),  all  bearing  even  date  herewith,  which  are  divided 
into  two  series,  payable  one  series  to  the  order  of  the  city  of  New 
Orleans,  and  the  other  series  to  the  order  of  the  parish  of  Jeffer- 
son, said  notes  having  been  made,  two  each  payable  at  one  year 
and  two  each  payable  at  two  years  after  date,  all  bearing  interest 
at  the  rate  of  8  per  cent,  per  annum  from  maturity  until  paid.  All 
said  notes  having  been  endorsed  to  the  satisfaction  of  the  City 
Council  of  the  city  of  New  Orleans  by 


322  FERRIES. 

Which  said  notes  having  been  paraphed  ne  varietur  by  me, 
notary,  for  identification  with  this  act,  have  been  delivered  one 
series  to  said  John  Fitzpatrick,  Mayor,  and  one  series  to  said 
Louis  H.  Marero,  President,  who  respectively  acknowledge  the 
receipt  of  the  same. 

It  is  also  understood,  that  in  all  other  respects  not  herein 
specially  mentioned,  the  execution  of  this  contract  shall  be 
governed  by  said  aforerecited  specifications. 

PIXE  STREET  FERRY. 

First — The  Hon.  John  Fitzpatrick,  Mayor  of  the  city  of 
New  Orleans,  herein  acting  in  his  official  capacity  aforesaid, 
being  herein  and  hereunto  specially  authorized  and  empowered 
by  Ordinance  Xo.  8858,  Council  Series,  adopted  by  the  City 
Council  of  the  city  of  Xew  Orleans  on  the  13th  day  of  March  A. 
D.  1894,  and  previous  proceedings  of  the  City  Council,  a  duly 
•certified  copy  of  which  ordinance  is  hereunto  annexed  and  made 
part  hereof. 

Second— The  Hon.  Lucien  H.  Marero,  president  of  and  herein 
representing  the  police  jury  of  the  parish  of  Jefferson,  State  of 
Louisiana,  under  and  by  virtue  of  the  authority  conferred  on  him 
by  a  resolution  adopted  by  said  police  jury  at  a  session  held  on 
the  7th  day  of  February,  A.  D.  1894,  a  duly  certified  copy  of  which 
resolution  is  hereunto  annexed. 

Said  John  Fitzpatrick,  Mayor,  and  Lucien  H.  Marero,  presi- 
dent, as  aforesaid,  severally  and  mutually  declared  that,  acting 
•  in  their  aforesaid  representative  capacity  and  for  and  on  behalf 
-of  the  city  of  New  Orleans  and  the  said  parish  of  Jefferson,  and 
under  and  by  virtue  of  the  authority  conferred  on  them  respec- 
tively by  said  Ordinance  No.  8858,  Council  Series,  and  the  afore- 
mentioned resolution  of  the  police  jury  of  the  parish  of  Jefferson, 
^nd  for  the  consideration  and  on  the  terms  and  conditions  here- 
inafter set  forth, 

They  do  by  these  presents  grant,  bargain,  sell,  make  over  and 
lease  unto  said  Thomas  Pickles,  his  heirs,  assigns  and  successors, 
the  exclusive  right  and  privilege  of  operating  and  maintaining 
at  his  own  cost,  charge  and  expense,  a  steam  ferry  or  ferries,  to 
ply  between  the  Sixth  District  of  the  city  of  New  Orleans,  from 
the  head  of  Pine  street  and  the  parish  of  Jefferson,  on  the  right 
bank  of  the  Mississippi  river,  at  a  point  at  or  near  Westwego,  in 
the  parish  of  Jefferson,  for  a  period  of  twenty-five  (25)  years,  to 
begin  and  be  computed  from  the  19th  day  of  February,  one  thou 
«and  eight  hundred  and  ninety-four  (1894),  and  to  end  on  the  18th 
day  of  February,  one  thousand  nine  hundred  and  nineteen  (1919). 

The  whole  in  pursuance  of  the  provisions  of  said  Ordinance  No. 
-8858,  Council  Series,  and  previous  proceedings  of  the  City  Coun- 
cil and  the  aforementioned  resolution  of  said  police  jury,  and  in 


k 


FERRIES.  323 

Strict  conformity  with  the  specitications,  which  are  in  the  words 
and  figures  following,  to-wit: 

Specifications  for  the  Sale  of  the  Privilege  of  Oper- 
ating A  Ferry  to  Land  at  the  Head  of  Pine  Street,  in 
THE  City  op  New  Orleans,  and  at  Such  Point  on  the 
Opposite  Side  of  the  River  as  Permission  May  be 
Given  by  the  Police  Jury  of  the  Parish  of  Jefferson. 

The  ferry  landing  on  the  left  bank  of  the  river  shall  be  at  the 
head  of  Pine  street.  Sixth  District,  in  the  city  of  Xew  Orleans, 
until  the  expiration  of  the  present  ferry  privilege  at  the  head  of 
Henry  Clay  avenue,  which  privilege  expires  in  1895,  when  the  Location 
location  may  be  changed  to  such  point  as  may  be  selected  by  the 
City  Engineer,  of  the  city  of  Xew  Orleans,  approved  by  the 
Mayor,  it  being  understood  that  the  location  will  be  between 
Henry  Clay  avenue  and  Pine  street,  or  at  the  head  of  either  of 
those  two  streets. 

Suitable    bridges,    approaches,   pontoons,   etc.,   will  be  con-     g^j^ 
structed  to  form  an  approach  which  will  be  satisfactory  to  the  toons,  etc' 
City  Engineer. 

That  portion  of  the  batture,  outside  of  the  levee  and  between  it 
and  the  bridge,  which  connects  with  the  ferry,  will  be  either    Batture. 
filled  in  with  solid  earth  or  may  be  piled  so  as  to  provide  a  road- 
way which  will  be  placed  at  a  grade  of  not  less  than  nineteen  feet 
on  the  Canal  street  gauge. 

The  approach  to  this  landing  on  the  land  side  of  the  levee  will 
be  made  by  tilling  in  and  forming  a  ramp,  which  ramp  will  have  PP^oac  es. 
an  ineline  not  exceeding  one  foot  vertical  to  flfteen  feet  hori- 
zontal. The  ramp  on  the  top  of  the  levee  to  be  either  planked  or 
covered  with  hard  substance,  either  brickbats,  shells  or  gravel, 
and  will  be  maintained  in  thoroughly  good  order. 

The  landing  on  the  right  bank  of  the  river  shall  be  located,  and  Landing 

the  stipulations  in  connection  therewith  will  be  provided  for  by  right  bank, 
the  police  jury  of  the  parish  of  Jefferson. 

The  purchaser  of  this  franchise  shall  be  bound  to  construct 
and  always  keep  in  good  repair  and  condition  during  the  con-     to  be  kept  in 
tinuance   of    the   lease  ferryboat    landings   and   approaches  on  s:ood^ condition 
either   side  of  the  river,   as   also  his  boat  or  boats,  as  may  be 
required.     The  work  of   construction    and  maintenance  to    be 
entirely  satisfactory  to  the  City  Engineer. 

The  gangway  for  vehicles  and  merchandise  shall  be  no  less 
than  twelve  feet  wide,  and  the  gangway  for  passengers  shall  be  ^ngway. 
not  less  than  five  feet  wide.  The  incline  of  these  gangways,  at 
extreme  low  water,  shall  not  exceed  one  and  one-half  inches  to 
the  foot.  The  gangway  for  vehicles  to  be  of  sutticient  strength 
to  pass  any  load  drawn  by  four  horses  or  mules. 

There  will  also  be  constructed  on  either  side  of  the  river  a    Accommoda- 
house     of    sufficient    dimensions    for    the    accommodation    oft'ons. 


324 


FERRIES. 


Lights. 


Inspection. 


passengers  and  freight,  the  whole  to  the  entire  satisfaction  of  the 
City  Engineer, 

It  is  distinctly  understood  that  the  purchaser  of  this  franchise 
shall  not  be  allowed  to  use  or  lease  this  privilege  for  any  other 
purpose  than  mentioned  in  the  specifications. 

The  lessee  shall  also  be  bound  to  provide  and  maintain  at  hi& 
own  expense  a  sufficient  number  of  lights  on  the  wharves,  land- 
ings and  buildings  above  mentioned. 

The  lessee  shall  run  or  cause  to  be  run  during  the  hours  here- 
inafter named  one  or  more  good,  substantial  steamboats.  The 
boat  or  boats  shall  have  a  capacity  to  carry  not  less  than  two 
loaded  double  teams.  The  boat  shall  also  have  a  cabin  divided 
into  two  compartments  to  afford  neat  and  suitable  accommoda- 
tions for  two  classes  of  passengers,  the  whole  constructed  and 
maintained  in  every  respect  suitable  for  a  first-class  ferryboat. 

The  lessee  shall  be  bound  to  cause  the  boats  and  boilers  to  be 
examined  by  qualified  Inspectors  of  Boilers  and  Hulls  at  least 
every  six  months,  and  the  certificates  of  these  ofticers  shall  be 
exposed  to  public  view  In  the  boat's  cabin. 

The  city  of  New  Orleans  and  the  Police  Jury  of  the  parish  of 
Jefferson  reserve  to  themselves  the  right  to  cause  the  hull  and 
boilers  to  be  examined  by  competent  shipwrights  and  engineers 
whenever  in  their  opinion  they  may  think  public  interests  require 
it,  it  being  understood  that  the  cost  and  charges  made  for  this 
examination  shall  be  defrayed  by  the  parties  ordering  it. 

The  lessee  shall  be  bound  to  start  the  boats  during  the  months 
number  ofof  March,  April,  May,  June,  July,  August  and  September  of 
trips.  gg^gjj  ygar  not  later  than  5  o'clock  in  the  morning,  and  during  the 

months  of  October,  November,  December,  January  and  February 
not  later  than  6  o'clock  in  the  morning,  and  to  continue  running 
the  same  so  as  to  make  one  round  trip  at  least  every  half  hour 
until  8  o'clock  in  the  summer  and  7  o'clock  in  the  winter,  at 
which  hour  the  boat  will  leave  the  landing  on  the  Xew  Orleans 
side. 

The  lessee  shall  be  bound  to  place  and  maintain  during  said 
Skiff.  lease  a  good  and  substantial  skiff  capable  of  transporting  twelve 

passengers  at  a  time  across  the  river  from  either  side  at  all  hours 
of  the  night  from  the  time  the  Jay  ferry  stops  running  until  it 
resumes  its  trip  in  the  morning,  making  throughout  the  night  at 
least  one  round  trip  every  hour. 
Responsibility.  The  lessee  shall  hold  himself  responsible  as  a  common  carrier 
not  only  to  the  Police  Jury  of  the  parish  of  Jefferson  and  the 
city  of  New  Orleans,  but  to  any  and  all  persons  who  may  be 
aggrieved  at  his  non-compliance  with  the  above  stipulations,  and 
that  such  injured  parties  may  bring  suit  in  any  court  of  competent 
jurisdiction  for  the  full  amount  of  damages  resulting  from  failure 
on  the  part  of  the  lessee. 


FERRIES.  325 

The  maximum  rates  the  lessee  shall  have  the  right  to  charge     Charges. 
•shall  be  as  follows,  to-wit: 

For  every  foot  passenger 05  cents 

For  every  passenger  on  horse  or  mule  back,  or  both  in- 
cluded     10      " 

For  every  head  of  cattle,  horse  or  mule 10      " 

For  every  hearse $1  00 

For  every  vehicle,  except  when  loaded  with  lumber, 

drawn  by  a  horse  or  mule 25  cents 

For  every  vehicle,  float  or  eotton  wagon  drawn  by  two 

horses  or  horse  kind,  whether  loaded  or  unloaded    50      " 
For  every  loaded  float  or  cotton  wagon  which  is  drawn 
by  three  or  more  horses  or  horse   kind,  loaded  or 

unloaded 1  00 

For  every  two-wheeled  vehicle  loaded  with  lumber 50  cents 

For  every  sack  of  coffee,  flour,  salt,  buckwheat,  barley, 
bran,  wheat,  boxes,  corn,  oats,  cornmeal,  turnips, 
apples,  etc.,  all  articles  in  sacks,    bags  or  boxes, 

not  exceeding  three  cubic  feet 05  cents 

For  every  box  of  dry  goods  or  merchandise  over  three 

feet  and  not  exceeding  10  cubic  feet 10      " 

For  every  barrel 10      " 

For  every  tierce  of  rice,  meat,  etc 20      " 

For  every  half  barrel 06      " 

For  every  hogshead  of  meat  or  sugar,  etc 50      " 

For  every  bale  or  bundle  of  empty  sacks 10      " 

For  every  bale   of  cotton,  moss,  etc 10      " 

For  lumber,  when  received  at  one  landing  and  dis- 
charged at  the  other,  for  freight  and  labor,  per 

thousand  feet,  board  measure 2  00 

For  bricks,  when  received  at  one  landing  and  dis- 
charged at  the   other,  for  freight  and  labor,  per 

thousand 3  00 

For  every  trunk 10  " 

For  bar  and  pig  iron,  per  100  lbs 05  " 

For  every  goat,  sheep  or  hog 05  " 

For  every  grate  for  furnace  or  chimney 05  " 

For  every  5-gallon  can  or  demijohn 05  " 

For  every  crate  of  earthenware  or  such  kind 50  " 

For  every  nest  of  tubs,  buckets  or  measures 05" 

For  every  wheelbarrow,  loaded  or  unloaded 15  '" 

For  small  articles  carried  by  passengers  in  their  hands  no 
charges  shall  be  made. 

For  articles  not  enumerated  corresponding  rates  may  be 
charged,  and  for  heavy  spars,  machinery,  boilers,  etc.,  of  usual 
-dimensions  or  weight,  such  prices  as  may  be  agreed  upon. 

For  every  passenger  crossing  at  night  in  the  skiff,  between  the 


326  FERRIES. 

hour  of  9  o'clock  p.  m.  and  the  hour  in  the  morning  when  it  give 
place  to  the  day  boat,  25  cents. 

And  for  all  other  transportations,  double  the  rates  above  set 
forth. 
Charity  The  lesscc  shall  carry  to  and  fro,  free  of  charge,  the  charity 
Tnf  poh'ce^free' ^^S°°^  ^^  *^^  ^^^^  ^^^  *^^  ambulances  of  the  Charity  Hospital, 
with  their  drivers  and  attendants,  and  the  regular  police  officers 
of  both  corporations  while  in  the  discharge  of  their  official 
duties. 

All  freight  shall  be  delivered  on  the  floating  wharf  by  the  ship- 
pers and  shall  be  delivered  on  the  other  side,  and  to  be  immediately 
removed  from  the  floating  wharf  by  the  shipper  or  consignee. 
Pilots  and  en-     The  lessee  shall  be  bound  to  employ  as  pilots  and  engineers 
gineers.  none  but  such  as  are  fully  competent  to  their  task  or  employ,  and 

such  only  as  have  certificates  from  the  proper  officers  appointed 
by  the  United  States  government  to  grant  such  certificates. 

It  is  well  understood  that  in  case  of  neglect  or  failure  of  the 
lessee  to  fulfil  any  part  of  the  stipulations  of  his  contract  or 
Default.  lease,  the  City  Council  of  Xew  Orleans  and  the  Police  Jury  of 
the  parish  of  Jefferson,  jointly,  shall  have  the  right  to  annul  this 
lease  without  putting  the  lessee  in  default,  as  required  by  Article 
1911,  Revised  Civil  Code,  and  without  indemnity.  It  is  well  un- 
derstood, also,  that  in  case  the  lessee  shall  at  any  time  fail  to 
keep  and  maintain  the  wharves,  gangways,  boats,  buildings,  etc., 
in  good  order  and  condition  stipulated  in  the  present  specifica- 
tions, the  said  lessee  shall  forfeit  all  notes  he  may  have  fur- 
nished to  the  city  and  Police  Jury,  and  the  said  city  and  Police 
Jury,  jointly,  shall  have  the  right  to  reserve  the  privilege  of  run- 
ning ferryboats  in  said  section  for  account  and  risk  of  said  lessee 
and  of  his  securities. 

The  lessee,  his  successors  and  assigns,  shall,  on  the  last  day  of 
this  lease,  respectively,  at  the  termination  of  any  extended  time 
which  may  be  granted  by  the  contracting  lessors,  peaceably  leave. 
Surrender  of  Surrender  and  yield  up  the  said  ferry  and  the  premises  and  the 
franchise.  ferry  property  and  boats  respectively,  with  rights,  privileges  and 
appurtenances  thereunto  belonging,  with  the  bulkheads,  piers, 
docks,  floats,  bridges  and  other  fixtures  and  improvements  which 
may  have  been  erected  for  the  use  of  said  ferries,  in  good  order 
and  condition,  into  the  possession  of  the  city  of  New  Orleans  and 
the  police  jury  of  the  parish  of  Jefferson,  their  successors  and 
assigns,  without  delay;  and  said  lessors,  for  themselves,  their 
successors  and  assigns,  will  covenant  and  agree  to  and  with  the 
lessee,  his  successors  and  assigns,  that  upon  the  surrender  and 
yielding  up  of  said  premises  and  plants  as  hereinbefore  provided, 
said  lessee  shall  purchase  or  cause  to  be  purchased  by  the  next 
lessee  or  lessees,  his  or  their  successors  and  assigns,  at  a  fair  ap- 
praisement or  valuation  ,the  boats,  buildings  ,improvements, 
wharves,  docks,  bridges  and  floats  and  other  property  of  the  re- 


FERRIES.  ■  327 

tiring  lessee,  his  successors  and  assigns,  used  upon  or  for  said 
ferry  and  actually  necessary  for  the  purposes  of  said  ferry ;  said 
valuation  to  be  fixed  by  two  appraisers,  one  to  be  appointed  by 
the  lessee  and  one  by  the  lessors,  to  be  agreed  upon  between 
them  or  the  next  lessee  or  lessees,  and  in  case  of  disagreement  of 
said  two  appraisers,  they,  said  appraisers,  shall  appoint  an  um- 
pire, who  shall  decide  between  them ;  and  the  provisions  and 
rights  in  this  section  set  out,  stipulated  or  granted  shall  be  sub- 
mitted and  taken  as  repealing,  annulling  and  avoiding  all  condi- 
tions, terms  and  stipulations  in  the  said  existing  lease  or  con- 
tained in  any  ordinance  or  resolution  of  the  City  Councilor  police 
jury  of  Jefferson  in  the  subject  matter  of  the  destination  or  dis- 
position of  the  improvements,  boats,  buildings,  wharves,  bridges, 
floats  and  property  of  the  retiring  lessee,  his  successors  and  as- 
signs, connected  with  said  ferry. 

The  present  contract  of  lease  shall  be  made  and  accepted  at  the 
price  adjudicated  at  public  sale ;  provided,  the  highest  bid  thereat  Highest  bid. 
shall  be  acceptable  and  satisfactory  to  the  city  of  Xew  Orleans 
and  the  police  jury  of  the  parish  of  Jefferson,  both  of  which 
leasing  corporations  reserve  the  right  to  reject  any  and  all 
bids. 

The  privilege  of  running  the  ferry  shall  be  for  the  full  term  of    Term  of  fran- 
twenty-flve  years  as  aforesaid,  and  in  accordance  with  the  terms,  chise. 
conditions  and  specifications  herein  set  forth. 

Payments  shall  be  made  as  follows :  One-third  cash  and  the 
balance  in  twelve  and  twenty-four  months  from  date  of  adjudica-  Payments, 
tion.  The  cash  payments  to  be  divided  equally  between  the  city 
of  New  Orleans  and  the  parish  of  Jefferson,  and  the  deferred 
payments  to  be  made  in  two  series  of  notes,  one  in  favor  of  the 
city  of  New  Orleans  and  the  other  in  favor  of  the  parish  of  Jeffer- 
son, these  notes  to  bear  interest  at  the  rate  of  eight  per  cent,  per 
annum  from  date  until  paid. 

The  said  contract  or  lease  shall  not  be  valid  or  binding  upon  either 
of  the  political  corporations  aforesaid  unless  the  foregoing  con- 
ditions are  observed  in  making  said  lease,  nor  unless  the  legal 
representatives  of  both  sides  shall  appear  and  become  parties  to 
said  lease.  The  lessee  shall  be  bound  to  furnish  good  and  solvent  Bond, 
security  in  the  sum  of  five  thousand  dollars,  to  guarantee  the 
faithful  performance  of  the  terms  of  his  contract,  the  said  security 
to  be  subject  to  the  approval  of  both  the  City  Council  of  New  Or- 
leans and  the  Police  Jury  of  Jefferson. 

The  purchaser  of  this  franchise  shall,  within  a  period  of  three 
months  after  the  expiration  of  the  lease  of  Henry  Clay  avenue  able  boat 
ferry  privilege,  which  privilege  expires  in  1895,  have  the  ferry  in 
full   operation,  provided  with  a  ferryboat  that  will  be  able  to 
take  teams  as  specified. 

In  the  interim,  or  from  the  time  the  contract  is  adjudicated 
and  until  the  expiration  of  the  ferry  lease  above  referred  to,  he 


328 


FERRIES. 


Steam  launch,  shall  use  a  steain  launch  for  the  transportation  of  passengers,  or, 
if  he  so  desires,  he  may  at  once  construct  a  lar^e  ferry  for  teams, 
but  it  is  Optional,  until  the  lease  specified  above. 

All  bidders  will  deposit  one  hundred  dollars  with  the  City 
Treasurer  before  being  eligible  as  bidders  for  this  franchise, 
which  deposit  will  be  returned  to  all  unsuccessful  bidders  on  the 
adjudication  of  the  contract,  and  to  the  successful  bidder  on  the 
signing  of  the  contract. 

The  city  of  New  Orleans  and  the  Police  Jury  of  the  parish  of 
Jefferson,  conjointly,  reserve  the  right  to  reject  any  and  all  bids. 
The  city  of  New  Orleans  obligates  herself  not  to  sell  any  ferry 
franchise  one  mile  above  or  below  the  point  designated. 

L.  W.  Brow^n,  City  Engineer. 

City  Engineer's  Office,  New  Orleans,  January  24,  1894. 


Deposit, 


Rights 
served. 


Here  intervened  said  Thomas  Pickles,  lessee,  who  declared 
that  he  accepts  this  lease  and  exclusive  privilege  on  the  terms 
and  conditions  herein  set  forth,  and  subject  to  the  provisions  of 
said  aforerecited  specifications  and  promises  for  and  binds  himself 
and  his  heirs  or  assigns  to  a  faithful  compliance  therewith  in  all 
and  every  particular,  and  he  hereby  specially  agrees  and  binds 
himself  to  cause  to  be  constructed  the  wharves  and  ferry  houses 
as  set  forth  in  the  specifications  as  hereinbefore  referred  to. 

In  consideration  of  the  faithful  compliance  with  all  the  forego- 
ing, and  the  maintenance  and  operation  of  a  steam  ferry  launch 
at  said  point  by  said  Thomas  Pickles  or  assigns,  he,  said  lessee, 
shall  be  entitled  to  charge  and  receive  the  prices  for  ferry  service 
set  forth  in  the  foregoing  specifications. 

This  sale,  lease  and  exclusive  ferry  privilege  is  made  and  accept- 
ed in  pursuance  of  the  public  adjudication  made  by  the  Honorable 
Charles  R.  Kennedy,  Comptroller  of  the  city  of  New  Orleans, 
on  the  19th  day  of  February,  A.  D.  1894,  for  and  in  consideration 
of  the  payment  by  said  John  Herbert,  lessee,  of  the  sum  of  thir- 
teen hundred  dollars  for  the  whole  term  of  this  lease  and  privi- 
lege, payable  in  the  manner  following,  to-wit : 

Four  hundred  and  thirty-three  dollars  and  thirty-three  and 
one-third  cents  ($433. 33)^3)  in  cash,  current  money,  one-half 
«ach  to  the  city  of  New  Orleans  and  the  parish  of  Jefferson, 
having  been  paid  by  said  Thomas  Pickles  at  the  execution  of 
these  presents,  the  receipt  whereof  is  hereby  acknowledged  by 
said  Mayor  and  President  of  said  Police  Jury,  respectively,  for 
the  city  of  New  Orleans  and  the  parish  of  Jefferson,  and  full  ac- 
quittance and  discharge  granted  therefor. 

And  to  represent  the  balance  of  said  price,  to-wit :  the  sum  of 
■eight  hundred  and  sixty-six  dollars  and  sixty-six  and  two-thirds 
cents  ($866.66%),  said  Thomas  Pickles  has  made  and  delivered 
four  certain  promissory  notes,  each  for  the  sum  of  two  hundred 
and  sixteen  dollars  and  sixty-six  and  two-thirds  cents  ($216.66%) 


FERRIES.  329 

all  bearing  even  date  herewith,  which  are  divided  in  two  series, 
payable  one  series  to  the  order  of  the  city  of  New  Orleans,  and  the 
-other  series  to  the  order  of  the  parish  of  Jefferson,  said  notes  having 
been  made  two  each  payable  at  one  year  and  two  each  payable  at 
two  years  after  date,  all  bearing  interest  at  the  rate  of  eight  per 
cent,  per  annum  from  maturity  until  paid.  All  said  notes  having 
been  endorsed  to  the  satisfaction  of  the  City  Council  of  the  city  of  . 
Xew  Orleans,  by 

Which  said  notes,  after  having  been  paraphed  Ne  varietur  by 
me,  notary,  for  identification  with  this  act,  have  been  delivered 
-one  series  to  said  John  Fitzpatrick,  Mayor,  and  one  series  to  said 
Louis  H.  Marero,  President,  who  respectively  acknowledge  the 
receipt  of  same. 

It  is  understood  and  agreed  by  and  between  the  parties  hereto 
that  in  pursuance  of  the  provisions  of  the  hereinbefore  recited 
specifications  at  the  expiration  of  this  lease  or  franchise  for 
twenty-five  years,  ending  on  the  19th  day  of  February.  1919,  as 
aforesaid,  all  the  premises  and  plans  as  hereinbefore  provided  for, 
and  as  shall  exist  at  the  expiration  of  this  lease  or  franchise  or 
any  extension  thereof,  the  city  of  New  Orleans  and  the  parish  of 
Jefferson  shall  purchase  or  caused  to  be  purchased  by  the  suc- 
ceeding lessee  or  lessees,  his  or  their  successors  or  assigns,  at  a  fair 
appraisement  or  valuation,  the  boats,  buildings,  improvements, 
wharves,  docks,  bridges  and  boats  and  other  property  of  the  re- 
tiring lessee,  his  successors  and  assigns,  used  upon  or  for  said 
ferry,  and  actually  necessary  for  the  purposes  of  said  ferry ;  said 
valuation  to  be  fixed  by  two  appraisers,  one  to  be  appointed  by 
the  lessee  and  one  by  the  lessors,  to  be  agreed  upon  between  them 
or  the  next  lessee  or  lessees, and  in  case  of  disagreement  of  said  two 
appraisers,  they,  said  appraisers,  shall  appoint  an  umpire,  who 
shall  decide  between  them ;  and  the  provisions  and  rights  in  this 
section  set  out,  stipulated  or  granted,  shall  be  submitted  and 
taken  as  repealing,  annulling  and  avoiding  all  conditions,  terms 
and  stipulations  in  the  said  existing  lease  or  contained  in  any  or- 
dinance or  resolution  of  the  City  Council  or  police  jury  of  Jef- 
ferson in  the  subject  matter  of  the  destination  or  disposition  of 
the  improvements,  boats,  buildings,  wharves,  bridges,  floats  and 
property  of  the  retiring  lessee,  his  successors  and  assigns,  con- 
nected with  said  ferry. 

It  is  also  understood  that  in  all  other  respects  not  herein  speci- 
all}'^  mentioned  the  execution  of  this  contract  shall  be  governed 
by  said  aforerecited  specifications. 

DELERY  STREET    FERRY. 

Art.  690.  That  permissiou  be  and  is  hereby  granted    privilege   to 
to  Louis  Power  to  establish  a   skiff  ferry  in  the  Third  ^A.l^y^o? 
District,  with  landings  at  the  head  of  Delery  street  on    "'"•  '^^'* 


330  FERRIES. 

the  left  bank,  and  at  Tunisbur^  on  the  right  bank  of  the- 
Mississippi  river.  This  privilege  revocable  at  the  pleas- 
ure of  the  Council. 

To  establish.  Art.  691.  That  from  and  after  the  passage  of  this  or- 
tam'fe'r^ie^.*"'*  dinancc  it  shall  not  be  lawful  for  any  person  or  persons 

A?s.73S7.  to  establish,  keep  or  maintain  a  ferry  across  the  Missis- 
sippi river  in  front  of  the  city  of  New  Orleans  without 
first  having  obtained  the  permission  of  the  City  Council. 

Penalty.  Art.  692.  That  any  one  violating  the  provisions  of 

this  ordinance  shall,  for  each  offence,  be  fined  not  less 
than  five  nor  more  than  twenty  dollars,  and  in  default 
of  payment  of  said  fine  shall  be  imprisoned  for  not  more 
than  twenty  days. 

rSee  ordinances  Nos.  3272,  3673,  4185,  4514,  4667,  4970,  6401,  7085,  7139,  7357^ 
7368,  7370,  and  Act  96  of  1870.] 

Smoking  in  Cabins— See  Offences. 


ACTS  OF  THE  LEGISLATURE. 

That  the  Common  Council  of  the  city  of  Xew  Orleans,  with  the- 
police  jury  of  that  part  of  the  parish  of  Orleans  on  the  right 
bank  of  the  Mississippi  river,  shall  have  power  to  establish  ferries^ 
across  said  river,  in  the  parish  of  Orleans,  and  to  regulate  the 
same.    Act  approved  March  15,  1855,  p.  368,  Sec.  5. 

See  Act  1853,  p.  328,  and  Act  of  1855,  p.  212. 


Decisions  of  the  Supreme  Court. 

It  is  no  violation  of  an  exclusive  right  to  carry  a  person  across 
the  river  without  demanding  payment.     4  N.  S.  426. 

The  police  jury  of  the  parish  of  Jefferson  have  a  concurrent 
right  with  the  City  Council  to  establish  ferries  opposite  the  city. 
3  M.  R.  711. 

Police  juries  are  authorized  to  establish  ferries  and  to  annex 
penalties  to  violations  of  the  exclusive  privileges  they  may  grant 
to  the  lessees,  and  they  possess  the  power  to  sell  such  ferry  priv- 
ileges at  auction.  But  statutes  granting  such  powers  must  be 
strictly  construed,  and  the  exercise  of  the  powers  conferred 
limited  to  the  precise  terms  of  the  grant.  An.  Kep.  366;  3  La.. 
Kep.  95. 


FINES.  331 

FINK  FUND— See  Asylums,  Etc. 


FINES. 


Art.  693.  That  the  City  Council  desires  hereafter  no    Remission  of 
petition  for  a  remission  or  a  reduction  of  fines  imposed  ord.  No.  6598,, 
by  the  Recorders  to   be   granted,  unless   said   petition    Aug.  2,  189a. 
bears  written  approval  of  the  Recorder  who  imposed  the 
fine  or  fines. 

Art.  694.  That  from  and  after  the  promulgation  of     Division  of 
this  ordinance  it  shall  be  unlawful  for  any  one  to  divert  ord.  No.  4000. 
from  its  original  purpose  and  intent  any  fines  or  forfeit- 
ures which  by  the  above  act  shall  revert  to  the  city  of 
New  Orleans,  except  for  expenses  strictly  judicial. 

Art.  695.  (2)  That  no  deductions  from  said  collec-      DeducUoni 

not  allowed. 

tions  for  any  cause  whatsoever  shall  be  allowed  oi  recog- 
nized by  the  city  of  New  Orleans  other  than  those 
herein  above  excepted. 

Art.  696.  (3)  That  all  acts  or  ordinances  or  parts  of~ 
ordinances  in  conflict  with  the  above  are  hereby  repealed. 

Art.  697.  That  the  Comptroller  be  directed  to  transmit 
to  the  Council  on  the  second  Tuesday  of  each  month  the    Monthly  re- 
original  monthly  returns,  or  copies  thereof,  of  the  clerk  transmitted  to 
and  sheriff  of  the  Criminal  District  Court  of  the  costs  Ord.  No.  5745, 
and  fines  collected  by  them  and  paid  into  the  city  treas-    Nov.  10, 1891. 
ury ;  and  that  in  case  no  returns  are  made  by  either  of 
these  officials  that  the  Comptroller  report  the  same  to 
the  Council ;    and   that  all  such  reports  from  the  Comp- 
troller be  referred  to  the  Finance  Committee. 

ACTS  OF  THE  LEGISLATURE. 

Sec.  19.  That  the  city  shall  have  power  to  impose  and  collect 
lines  for  the  benefit  of  the  city  treasury  against  all  persons  trans- 
gressing their  ordinances  and  regulations,  and  to  imprison  said 
transgressors  incase  of  non-payment  of  said  fines;  provided, 
that  said  fines  shall  never  exceed  one  hundred  dollars  for  each 
and  every  contravention ;  provided,  said  imprisonment  shall  never 
exceed  one  month. — Acts  of  1850,  p.  164. 
See  Acts  of  1816,  p.  94,  Sec.  2. 

Sec.  108.  That  each  and  every  violation  of  this  act,  or  of  any 
ordinance  or  resolutions  of  the  Common  Council  of  the  city  of 


332  FINES. 

New  Orleans,  which  shall  subject  the  person  so  violating  the 
same  to  a  fine  or  penalty,  shall  be  reported  by  any  officer  of  said 
city,  or  by  any  resident  of  said  city,  to  the  Comptroller  of  said 
city;  and  said  Comptroller  shall  make  out  a  bill  for  said  fine  or 
penalty,  and  shall  note  the  same  in  a  book  kept  for  that  purpose ; 
and  shall  deliver  said  bills  to  the  Treasurer,  and  the  same  shall  be 
charged  to  said  Treasurer  on  the  books  of  the  Comptroller,  as 
cash  received  by  said  Treasurer,  to  be  accounted  for  by  him.  Said 
Treasurer  shall  deliver  said  bills  to  the  Assistant  City  Attorney, 
and  take  said  attorney's  receipts  therefor.  And  the  Assistant 
City  Attorney  shall  not  bring  suit  for  any  fine  or  penalty  in- 
curred by  any  person  or  persons  as  aforesaid  except  upon  a  bil 
therefor,  delivered  to  him  by  said  Treasurer. — Acts  of  1856,  p. 
160. 

AN  ACT 

Respecting  Imprisonment  and  Fines. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
tives  of  the  State  of  Louisiana,  in  General  Assembly  convened,  That 
whenever  any  court  or  officer  exercising  judicial  functions  in  any 
parish  or  municipal  corporation  in  this  State  shall,  by  virtue  of 
any  law  of  the  State,  or  ordinance  of  the  police  jury  of  a  parish, 
or  Common  Council,  or  other  like  municipal  legislature  of  any 
city  or  town  in  this  State,  adjudge  against  any  person  any  term 
of  imprisonment  or  any  fine  f«r  any  offence  against  the  State,  or 
for  any  violation  of  the  ordinances  of  such  parish,  city  or  other 
municipal  corporation,  it  shall  not  be  competent  for  such  court 
or  judicial  officer  to  remit  any  portion  of  such  tine  or  imprison- 
ment, nor  to  alter  or  amend  the  sentence,  judgment  or  order, 
whereby  such  fine  or  imprisonment  shall  have  been  adjudged. 

Sec.  2.  Be  it  further  enacted,  etc..  That  whenever  it  shall  or 
may  be  alleged  that  any  fine  or  imprisonment  so  imposed  is 
excessive,  or  that,  for  any  reason,  the  same  ought  to  be 
abated  or  remitted  in  whole  or  in  part,  it  shall  be  done 
in  the  case  it  be  a  fine  or  imprisonment  imposed 
under  a  law  of  the  State  in  the  manner  which  may  be  directed  by 
law;  and  if  it  be  a  fine  or  imprisonment  imposed  by  the 
ordinances  of  a  Police  Jury,  the  same  may  be  so  remedied  or 
abated  only  when  the  judge  of  the  parish  shall  recommend  the 
same  to  the  Police  Jury,  and  the  Police  Jury  shall  consent  to  the 
same;  and  when  the  same  shall  have  been  imposed  under  an 
ordinance  of  any  city  or  other  municipal  corporation,  then  said 
fine  or  imprisonment  may  be  so  abated  or  remitted  only  upon  the 
recommendation  of  the  Mayor  or  other  Chief  Magistrate  thereof, 
and  the  consent  of  the  least  numerous  branch  of  the  municipal 
legislative  body,  and  not  otherwise. 

Sec.  3.  Be  it  further  enacted,  etc..   That  this  act  shall  take 


FINES*  33S 

effect  and  be  in  force  from  and  after  its  passage. — ^   ;ts  of  1868, 
No.  129.  p.  171. 

Act  No.  15  of  1884. 

To  re-enact  Section  1045  of  the  Revised  Statutes  of  the  State. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana,  That  Section  1045  of  the  Revised  Statutes  of  the 
State  be  re-enacted  so  as  to  read  as  follows :  Section  1045 — "All 
bonds  and  recognizances  and  all  fines  and  forfeitures  incurred 
for  crimes  and  offences  against  the  laws  of  this  State,  which  by 
the  laws  heretofore  in  force  are  required  to  be  paid  into  the 
State  Treasury  shall,  from  and  after  the  passage  of  this  act, 
belong  to  and  be  paid  into  the  treasury  of  the  parish  where 
such  forfeited  bonds  and  recognizances  have  been  executed  and 
in  which  such  crimes  or  offences  have  been  committed,  or 
such  tines  and  forfeitures  have  been  incurred,  and  in  the  parish 
and  city  of  Xew  Orleans  such  forfeitures  shall  belong  to  and  be 
paid  into  the  treasury  of  said  city.  This  section  shall  not  be  go 
construed  as  to  affect  in  any  manner  the  process  for  collecting 
forfeited  bonds  and  recognizances  and  fines  and  forfeitures." 

Sec.  2.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts  of  laws 
different  from,  inconsistent  or  in  conflict  herewith  be  and  the 
same  are  hereby  repealed. 

Decisions  of  Supreme  Court. 

The  statute  of  1st  April,  1835,  section  4,  which  provides  that 
all  bonds  and  recognizances  taken  by  certain  officers  in  the  city 
of  New  Orleans,  for  the  public  peace  or  in  criminal  matters  gen- 
erally, when  forfeited,  shall  be  recovered  by  the  City  Attorney 
for  the  use  of  the  city,  is  not  changed  by  the  statute  of  March  11, 
1837,  section  1,  in  regard  to  the  destination  of  the  amounts  of 
such  forfeited  bonds  or  recognizances,  when  recovered;  but  the 
latter  act  authorizes  a  different  and  more  summary  proceeding, 
under  the  immediate  direction  of  the  officers  of  the  State,  and  in 
the  name  of  the  State,  for  the  collection  of  such  bonds  or  recog- 
nizances as  are  for  the  appearance  of  the  parties  before  the 
Criminal  Court  of  the  First  District,  though  the  amount  of  for- 
feiture enure  to  the  benefit  of  the  city. 

The  statute  of  1837  is  inapplicable  when  the  bond  or  recogni- 
zance is  for  the  appearance  of  the  party  before  the  Mayor,  Recorder 
or  associate  judges  of  the  city;  in  such  a  case  an  action  can  be 
maintained  only  by  the  corporation  and  in  the  ordinary  form. — 
State  vs.  Harris  et  al.,  2  An.  516. 

Section  4  of  the  statute  of  1st  April,  1835,  which  provides  that 
"  all  bonds  and  recognizances  taken  by  the  Associate  Judges, 
Mayor  or  Recorder  within  the  city  of  New  Orleans,  for  public 
peace,  or  in  criminal  matters  generally,  shall,  when  forfeited,  be 


334  FIRE   ALARM  AND   POLICE   TELEGRAPH. 

recovered  by  the  City  Attorney  for  the  use  of  the  corporation  of 
New  Orleans,"  includes  among  the  bonds  which  are  to  enure  to 
the  benefit  of  the  city,  bonds  returnable  before  the  District  Court 
as  well  as  those  which  are  returnable  before  the  Mayor,  Associate 
Judges  or  Recorder.  The  statute  of  the  11th  of  March.  1837,  ch. 
104,  indicates  no  intention  on  the  part  of  the  Legislature  to 
change  the  destination  of  the  proceeds  of  these  bonds  when  col- 
lected. 

No  inference  of  an  intention  on  the  part  of  the  Legislature  to 
change  the  destination  of  the  proceeds  of  these  bonds  wben  col- 
lected can  be  drawn  from  the  act  of  11th  March,  1837  (p.  99), 
directing  the  Attorney  General  and  District  Attorney  to  collect 
certain  bonds,  the  collection  of  which  had  previously  been  en- 
trusted to  the  City  Attorney.  It  is  to  be  presumed  that  mo- 
tives of  public  policy  suggested  the  change  and  induced  the 
Legislature  to  confide  to  its  own  officers  the  control  of  those 
which  were  for  appearance  before  the  Criminal  and  District 
Courts,  and  to  provide  a  summary  proceeding  for  enforcing  their 
collection.     State  vs.  Harris,  3  An  68. 


FIRE — See  Combustibles  and  Explosives  and  Fire 
Department. 

As  TO  Construction  of  Buildings — See  Buildings. 

As  TO  Demolition  of  Buildings — See  Buildings  and  Fire 
Department. 


FIRE     ALARM    AND    POLICE    TELEGRAPB. 
See  False  Alarms  and  Fire  Department. 

Superintend-  Art.  698.  That  the  Commissioner  of  Police  and  Public 
Mum  and'po^  Buildings  shall  appoint,  with  the  approbation  of  the 
City  chlrten  '  Council,  onc  Superintendent  of  the  Fire  Alarm  and 
Police  Telegraph.  The  said  Superintendent  shall  be  a 
competent  telegrapher ;  shall  hold  his  office  for  the  term 
of  four  years,  and  the  salary  of  said  Superintendent 
shall  be  eighteen  hundred  dollars  a  year.  He  shall  give 
bond  in  favor  of  the  Mayor  of  the  city  of  Nevr  Orleans 
in  the  sum  of  three  thousand  dollars.  The  Commis- 
sioner of  Police  and  Public  Buildings,  with  the  consent 
and  advice  of  the  Council,  shall  also  appoint  four  tele- 
graph operators,  one  lineman  and  one  assistant  line- 
man, and  one  battery  man  and  messenger.     The  four- 


FIRE   ALARM   AND   POLICE   TELEGRAPH. 


335 


telegraph  operators  shall  receive  each  a  salary  of  twelve 
hundred  dollars  per  annum.  They  shall  hold  office  for 
the  term  of  four  years.  The  lineman  shall  rsceive  an 
annual  salary  of  twelve  hundred  dollars.  He  shall  hold 
office  for  the  term  of  four  years.  The  assistant  lineman 
shall  receive  an  annual  salary  of  one  thousand  dollars, 
and  shall  hold  office  for  four  years.  The  battery  man 
and  messenger  shall  receive  a  salary  of  six  hundred  dol- 
lars, and  shall  hold  office  for  four  years. 


False  alarms. 


Keys. 


Act  No.  4  of  1875. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
tives  of  the  State  of  Louisiana.,  in  General  Assembly  convened.,  That 
any  person  or  persons  maliciously  giving  or  causing  to  be  given 
a  false  alarm,  by  ttie  Are  alarm  telegraph,  in  the  city  of  New 
Orleans,  knowing  the  same  to  be  such,  or  who  intentionally 
defaces  or  injures  any  portion  of  said  fire  alarm  telegraph,  shall 
be  punished  on  conviction  by  a  fine  of  one  hundred  dollars  and 
imprisonment  in  the  parish  jail  for  not  less  than  one  year  nor 
more  than  two  years. 

Sec.  2.  That  should  any  person  or  persons,  unauthorized, 
have  in  their  possession,  make  or  cause  to  be  made,  any  key 
■or  keys  of  any  of  the  fire  alarm  boxes,  or  use  or  cause  to  be  used 
the  same  without  the  consent  of  the  proper  authority,  he,  she  or 
they  shall  be  subject  to  a  line  of  not  less  than  fifty  dollars 
and  not  more  than  one  hundred  dollars,  and  imprisonment  in  the 
parish  jail  for  not  less  than  three  months  and  not  more  than  six 
•months. 

Sec.  3.  That  authority  is  hereby  given  to  the  Chief  Engineer  Regards, 
■of  the  Fire  Department,  in  his  discretion,  and  with  the  approba- 
tion of  the  Mayor,  to  offer  a  reward  of  one  hundred  dollars, 
or  less,  for  the  apprehension  and  conviction  of  any  person  who 
shall  knowingly  give  or  cause  to  be  given  any  false  alarm  of  fire 
by  means  of  telegraphic  boxes  connected  with  the  fire  alarm  tele- 
graph, and  that  the  above  reward  be  paid  by  the  city  of  New 
Orleans. 

Sec.  4.  That  the  Superintendent  of  the  Fire  Alarm  Telegraph  Q^ntroX  and 
shall  have  the  entire  control,  management  and  supervision  of  the  Supervision, 
fire  alarm  telegraph,  and  of  all  apparatus,  instruments,  wires, 
batteries,  boxes  and  signal  stations  whatsoever,  belonging  to  any 
part  of  the  sj-stem  to  be  operated  in  the  city  of  New  Orleans,  and 
he  shall  see  that  the  same  are  at  all  times  kept  in  proper  order; 
and  he  shall  from  time  to  time  make  such  rules  and  regulations 
as  he  may  deem  most  beneficial  and  expedient  for  the  success- 
ul  operation  thereof,  and  the  use,  manner  of   use,  and  the  regu- 


336  FIRE  ALARM  AND   POLICE  TELEGRAPH 

lations  of  instruments  and  operators  of  the  police  telegraph 
at  police  headquarters  and  station  houses. 
Alterations     ^^^-  ^'  '^^^^  ^hc  Superintendent  of  Fire  Alarm  Telegraph  shall 

and  extensions,  have  powcr  to  make  such  alterations  and  extensions  in  the  signal 
and  alarm  circuits  as  the  necessities  of  the  telegraph  system  may 
from  time  to  time  require,  and  to  provide  for  its  completion  and 
efficient  operation  at  all  times;  provided,  however,  that  such 
alterations  and  extension  shall  be  consistent  with  and  adapted  to 
the  requirements  of  the  fire  or  police  departments;  and  provided 
further,  that  no  obligations  or  expenditure  shall  be  incurred  by 
virtue  hereof  without  the  approval  of  the  City  Council  is  first  had 
and  obtained. 
Custody  and     ^^^-  6-  That  the  Superintendent  of  the  Fire  Alarm  shall  have 

control  of  keys,  the  custody  and  control  of  all  keys  belonging  to  the  various 
signal  boxes.  The  said  Superintendent  shall  keep  a  record  ac- 
count of  all  keys  distributed  by  him,  and  shall  take  receipts  for 
the  same. 


Duties  of  per-  ^^^T.  699.  That  all  person.s  charged  with  the  keeping 
t^on  o"  ifeys?^'  0^  keys  to  the  fire  alarm  boxes  are  required  to  keep  the 

Oct.' i6Ts^  same  in  their  possession,  and  are  hereby  prohibited 
from  lending  or  parting  with  the  same  to  be  used  Ex- 
cept for  the  purpose  of  giving  an  alarm  for  an  actual 
fire. 

Use  of  Keys.     Art.  700.   (2)  That  all  keepers  or  holders  of  keys 

■  to  fire  alarm  boxes  are  hereby  prohibited  from  opening 
said  boxes,  or  inserting  their  keys  therein,  except  when 
necessary  in  order  to  give  an  alarm  for  an  actual  fire. 

Penalty.  Art.  701.   (3)  That  any  pcrsou   or  persons  guilty  of 

■  a  violation  of  any  of  the  provisions  of  this  ordinance 
shall  be  arrested,  and  upon  conviction  shall  be  fined  in 
the  sum  of  twenty-five  dollars  for  each  and  every 
offence,  or  imprisoned  for  a  term  not  less  than  ten  nor 
more  than  thirty  days. 

Reward.  Art.  702.  That  the  Mayor  be  and  is  hereby  author- 

Def "f^it  ized  to  offer  a  reward  of  five  hundred  dollars  for  the 
arrest  and  conviction  of  any  person  or  persons  who  may 
be  caught  and  convicted  of  breaking  the  fire  alarm 
telegraph  boxes  or  of  sending  a  false  alarm  through 
same. 
A.  s.  2806.         Art.  703.  That  it  shall  be  unlawful,  from  and  after 

Oct.  1874.  _  o     1   .  -,. 

False  Alarms  the  passage  of  this  Ordinance,  for  any  person  or  persons 
to  turn  in  or   give   a  false  alarm  to  the  general  office 


FIRE   ALARM   AND   POLICE   TELEGRAPH.  337 

through  any  fire   alarm  box  located   or  established   m 
said  city. 

Art.  704.  (2)  That  any  person  or  persons  vio-  Penalty. 
lating  this  ordinance  shall,  for  each  offence,  be  liable  to 
pay  a  fine  of  not  less  than  twenty-five  dollars,  or  im- 
prisoned for  not  less  than  thirty  days,  recoverable  be- 
fore the  Police  Courts  of  this  city,  or  any  court  or  courts 
of  said  city  as  may  have  jurisdiction  in  the  premises. 

Art.  705.     (3)     That  it  shall  be  the  duty  of  the  po-    Enforcement 

^     '  .of  ordinance. 

lice  of  this  city  to  arrest  any  offender  and  to  strictly  en- 
force the  provisions  of  this  ordinance. 

Art.  706.     (1)     That  from  and  after  the  passage  of    Keys  in  one's 
this  ordinance   it  shall  be   unlawful  for   any  person  or  authorized.  "" 
persons,  unauthorized,  to  have  in  his  or  their  possession,  c.  s*^, '    °'  *^^* 
make  or  cause  to  be  made,  any  key  or  keys  of  any  of  the      °'''    '  '   '^' 
fire   alarm  or  police  patrol   boxes,  or  use  or  cause  to   be 
used  the  same  without  the  consent   of  the  proper   au- 
thority;   he,  she  or  they   shall  be  subject  to  a  fine   of 
($25)   twenty-five  dollars,  or   imprisonment  for  thirty 
days,  or  both,  at  discretion  of  the  Recorder. 

National  Fire  Alarm  Company. 

Art.  707.  That  the  National  Automatic  and  Fire  Alarm  permission. 
Company,  of  New  Orleans,  a  body  corporate  under  the  c.^'.'^'  ^'^'  ^^^* 
laws  of  the  State  of  Louisiana,  be  and  it  is  hereby  ^^^'  '^'  '^^ 
authorized  to  erect  all  such  wires  in  and  about  the  public 
streets  and  other  public  places  of  the  city  of  New  Or- 
leans as  may  be  necessary  to  thoroughly  equip  its  sys- 
tem of  automatic  fire  alarms,  and  to  establish  the  re- 
quisite wire  connections  with  the  city  fire  department, 
the  City  Hall  and  the  various  engine  houses, 'whereby 
alarms  from  buildings  equipped  and  connected  with  its 
system  may  be  received  and  responded  to  by  such  de- 
partment ;  provided,  that  all  connections  with  said  en- 
gine houses,  with  any  public  building,  and  with  the  city 
fire  alarm  department  be  made  subject  to  the  approval 
and  on  the  terms  and  conditions  to  be  imposed  by  the 
Commissioner  of  Police  and  Public  Buildings,  and  that 
all  connections  with  and  alarms  communicated  to  the 
fire  department  shall  be  made  in  the  manner  provided  by 


■338  FIRE  ALARM  AND   POLICE   TELEGRAPH. 

and  with  the  approval  of  the  Board  of  Fire  Commis- 
sioners. 

Art.  708.  (2)  That  all  ordinances  and  parts  of  ordi- 
nances in  conflict  with  the  provisions  of  this  ordinance 
be   and   the   same  are  hereby  repealed,   and  that  this 
ordinance  take  effect  from  and  after  its  passage. 
To  transmit     Art.  709.    That  the  National  Automatic   Fire  Alarm 
trai  office.        Company  of  New  Orleans  be,  and  it  is  hereby  author- 
<;.  s. ' "  °'  '^'^'  ized  to  transmit  any  alarms  communicated  to  its  central 
ov.  29, 1   9.  ^Qj^g  i^y  ^^g  gj.g  alarm  system  to  the  fire  department  of 
the  city  of  New  Orleans,  through  the  city  fire  alarm  de- 
partment, subject  to  such  terms  and  conditions  as  may 
be  imposed  by  the  Council  and  Commissioner  of  Police 
and  Public  Buildings,  and  that  all  connections  with  and 
alarms  communicated   to  the  fire  department   shall  be 
made  in  the  manner  provided  by  and  with  the  approval 
ot  the  Board  of  Fire  Commissioners. 

Art.  710.  (2)  That  all  ordmances  or  parts  of  ordi- 
nances in  conflict  with  or  inconsistent  with  this  ordi- 
nance be  and  the  same  are  hereby  repealed. 

Louisiana  Auxiliary  Fire  Alarm  Company,  Limited. 

Franchise.         Art.  711.  That    the  Said    Louisiana  Auxiliary  Fire 
■c.  s'.  '    °'     '  Alarm  Company,  Limited,  be  and  is  hereby  authorized 
*^  ■  "*'  '     ■  and  empowered  to  erect,  construct,  and  maintain  with 
fixtures,  suitable  wires  for  conductors,  in  all  places  in 
the  city  of  New  Orleans,  for  the  purpose  of  connecting 
their  auxiliary  boxes  with  the  fire  alarm  boxes  of  the 
city,  and  to  operate  the  same  to  the  full  extent,  subject, 
however,  at  all   times,  to  the  direction  of  the  Commis- 
sioner of  Police  and  Public  Buildings,  and  to  all  existing 
laws,  ordinances,  rules  and  regulations  applicable  to  the 
Fire  Department  and  its  regulations  with  the  fire  alarm 
electrical   system.     All  additional  fire  alarm   boxes  so 
equipped  to  be  placed  at  the  expense  of  the  company. 
Shall  hold     Art.  712.  That  said  grantees,  their   assigns  or   suc- 

•City    harmless,  ^^gg^^g^   gj^^jj  ^^^ply  ^^^j^  ^j^^  ^^q^.j,gj^g^^g     ^^^    provi- 

sions  of  this  ordinance,  and  shall  hold  harmless  the  city 
of  New  Orleans  from  all  loss,  cost  or  damage  by  reason 
of  the  privileges  herein  conferred. 


FIRE   DEPARTMENT,  339 

Art.  713.  That  for  and  in  consideration  of  the  granted  consideration, 
privileges  and  franchises  aforesaid  the  said  Louisiana 
Auxiliary  Fire  Alarm  Company,  Limited,  their  suc- 
cessors and  assigns,  hereby  agree  to  and  bind  themselves 
to  provide  supervision,  repairs  and  replacement  that 
may  be  required  of  all  fire  alarm  boxes  auxiliarized,  and 
that  all  such  supervision,  repairs  and  replacement  shall 
be  subject  to  the  decisions  of  the  Commissioner  of  Po- 
lice and  Public  Buildings.  And  it  is  further  agreed 
that  any  failure  in  compliance  with  these  decisions  by 
the  said  Louisiana  Auxiliary  Fire  Alarm  Company,  Lim- 
ited, will  operate  to  cancel  and  forfeit  all  rights  herein 
conveyed. 

Art.  714.  All  laws  or  parts  of  laws  in  conflict  with        Repealing 
the  provisions  of  this  ordinance  be  hereby  repealed.  '^  ^"^*'"        ib. 

Art.  715.  That  this  ordinance  shall  take  effect  and  be    Take  effect. 
in  full  force  on  and  after  its  passage  and  promulgation. 


FIRE  DEPARTMENT— See  False  Alarms,  Fire  Alarm 
AND  Police  Telegraph. 

Act  No.  83  of  1894. 

"To  provide  for  a  Fire  Department  for  the  city  of  New  Orleans,  to 
create  a  Board  of  Fire  Commissioners  for  the  government  of 
said  department  and  to  regulaje  and  define  the  duty  of  the 
Common  Council  of  New  Orleans  in  relation  thereto. 

Section  1.  Be  it  enacted  by  the  Gem-ral  Assembly  of  the  State  Board  of  Fire 
vf  Louisiana,  That  all  the  powers  and  duties  connected  with  ^J'jj^^^y,^^"*''^ 
and  incident  to  the  government  and  discipline  of  the  fire  depart- 
ment of  the  city  of  New  Orleans  shall  be,  as  hereinafter  more 
especially  provided,  vested  in  and  exercised  by  a  board,  com- 
posed of  nine  commissioners,  the  Commissioner  of  Police  and 
Public  Buildings,  and  the  Mayor  of  the  city,  who  shall  be  ex- 
officio  president  of  said  board,  a  majority  of  whom  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  The  Mayor  shall 
have  the  right  to  vote  only  in  case  of  a  tie,  in  which  case  he  shall 
have  the  casting  vote ;  but  if  the  Mayor  shall  disapprove  any 
resolution  he  shall,  within  twenty-four  hours  return  the  same  to 
the  commissioners  with  his  objections  in  writing;  and  if  a  ma- 
jority of  said  commissioners  shall  adhere  to  said  resolution 
notwithstanding  said  objections,  the  said  resolution  shall  have 
full  force. 


340  FIRE   DEPARTMENT. 

City  to  be  di-     Sec.  2.  The  city  shall  be  divided  into  five  tire  districts,  and  one 

vided  into  dis-  commissioner  shall  be  elected  from  each  municipal  district,  and 
tncts.  ^ 

two  at  large,  and  the  Commissioner  of  Police  and  Public  Build- 
ings shall  be  a  member  of  said  board  during  his  term  of  office. 
Vacancies  in     Sec.  3.  That  the  Several  members  of  the  present  Board  of  Plre 

b  o  a'/dVh^ow  Commissioners,   as  constituted  under  City  Ordinance  No.  5614, 

^^^^'  C.  S.,  be  and  they  are  hereby  reappointed  under  this  act  to  serve 

out  their  unexpired  term  of  office,  and  in  case  of  death,  resig- 
nation or  removal  from  office  of  any  of  said  Commissioners 
the  City  Council  shall  proceed,  at  a  regular  meeting,  to  fill  said 
vacancy  for  the  unexpired  term  of  such  Commissioners;  and 
upon  the  expiration  of  the  term  of  any  of  said  commissioners 
the  City  Council  shall  proceed  to  elect  a  successor  for  the  term 
of  seven  years,  as  above  provided  for. 
Removals;     Sec.  4.  The  Said  commissioners  shall,  before  exercising  any  of 

how  made.  ^j^^.^  duties,  duly  take  and  file  with  the  Mayor  their  oath  of 
office.  Any  member  of  said  Board  of  Commissioners  may  at  any 
time  be  removed  by  a  vote  of  two-thirds  of  the  members  of  the 
Common  Council  of  the  city  of  Xew  Orleans  for  sufficient  cause, 
and  the  proceedings  in  their  behalf  shall  be  entered  on  the  jour- 
nal; provided,  that  the  said  Common  Council  shall  previously 
cause  a  copy  of  the  charges  preferred  against  such  member 
sought  to  be  removed,  and  notice  of  the  time  and  place  of  hear- 
ing the  same,  to  be  served  on  him  ten  days  at  least  previous  to 
the  time  so  assigned,  and  opportunities  be  given  him  to  make 
his  defence  personally  and  by  counsel. 
Organization     Sec.  5.  Said  commissioners  on  being  qualified,  shall  meet  and 

s/oners™  ™  '®  '  Organize  by  electing  one  of  said  commissioners  as  president,  who 
shall  act  only  in  case  of  absence  or  disability  of  the  Mayor, 
whereupon  they  shall  possess  and  have  the  power  and  authority 
conferred  upon  or  possessed  by  any  and  all  persons  in  the  city  of 
New  Orleans  for  the  prevention  and  extinguishment  of  fires  to 
the  exclusion  of  all  such  persons,  together  with  such  other  powers 
and  duties  in  said  city  as  are  hereafter  conferred. 
D  uti  es  of     Sec.  6.     The  said  Fire  Commission   is  hereby  empowered  and 

Commissioners  ^ij-gg^pij  jq  possess  and  cxercisc  fully  and  exclusively  all  the 
powers  and  perform  all  the  duties  for  the  government,  manage- 
ment, maintenance  and  direction  of  the  Fire  Department  of  the 
city  of  New  Orleans,  and  the  premises  and  property  thereof, 
which  at  the  time  of  the  organization  of  the  said  Commission 
were  possessed  by  or  under  control  of  the  Common  Council  of 
said  city,  and  the  officers  or  employees  of  said  city;  said  powers 
and  duties  to  be  performed  and  exercised  and  said  property  used 
in  said  city  or  otherwise,  as  hereafter  provided.  And  the  said 
Commission  shall  hereafter  have  sole  and  exclusive  power  and 
authority  to  extinguish  fires  in  said  city  of  New  Orleans. 

Sec.  7.    It  shall  be  the  duty  of  the  Board  of  Commissioners  to 
provide  supplies,  tools,  implements,   horses  and  apparatus,  of 


FIRE   DEPARTMENT.  341 

tany  and  all  kinds  to  be  used  in  the  extinguishment  of  fires;  and      c  o  m  m  i  s- 
the  maintenance  of  the  Fire  Department  in  a  thorough  and  eflti-  twe^tools/eTc* 
"Cient  state;  to  buy,  sell  and  repair  and  have  the  care  of  the  same 
and  take  any  and  all  action  in  the  premises.     All  real  estate, 
fire  apparatus,  hose,  implements  and  tools  now  used  by  the  Fire 
Department  in  the  city  of  New  Orleans,  belonging  or  that  may 
hereafter  belong  to  the  said  city,  shall  be  in  the  keeping  and 
custody  of  said  Commissioners,  audit  shall  be  the  duty  of  the  city 
of  Xew  Orleans  to  provide  suitable  quarters  for  such  of  the  com- 
panies as   are  now  occupying  rented  premises,  and  such  other 
companies  as  may  be  established  hereafter.     The  said  Board  of    p  o  w  e  r  s  of 
Commissioners  shall  have  power  to  rearrange   the   location   of^^^^j.^^^l^g^_ 
companies,  and  it  shall  be  competent  for  said  Commissioners.. at  panics, 
any  time  in  their  judgment,  to  send  any  steam  fire  engine,  hook 
and  ladder  truck,  chemical  engine,  hose  and  other  apparatus,  to 
the  relief  of  any  community  in  the  vicinity  of  the  State  of  Louis- 
iana. 

Sec.  8.  No  member  of  said  Commission  shall  hold  any  political  Holders  of 
office,  elective  or  appointive,  except  the  Commissioner  of  Police  Pf  r"^bl  °*" 
and  Public  Building^,  or  be  the  clerk  or  employee  of  any  elective 
or  appointive  officer.  Any  one  of  said  Commissioners  shall  be 
considered  as  vacating  his  office  in  the  event  of  his  accepting  or 
holding  any  political  office,  and  any  Commissioner  who  shall, 
during  the  term  of  his  office  be  publicly  nominated  for  any  office 
elective  by  the  people,  and  shall  not  decline  the  said  nomination 
within  ten  days  succeeding  notice  of  the  same,  shall  in  either 
case  be  deemed  as  vacating  his  office. 

Sec.  9.  It  shall  be  the  duty  of  the  Board  of  Fire  Commission-  Board  to  ex- 
ers  to  examine  into  the  cause,  circumstance  and  origin  of  all  ^^^sefof  fir"'" 
fires  occurring  in  the  city  of  New  Orleans  by  which  any  build- 
ing, erection,  vessel,  or  valuable  property  shall  be  accidentally  or 
iinlawfully  burned,  destroyed  or  damaged,  and  to  especially  in- 
quire and  examine  whether  such  fire  was  the  result  of  careless- 
ness or  the  act  of  an  incendiary.  The  president  of  said  board 
shall  take  the  testimony,  under  oath,  of  all  persons  supposed  to 
be  cognizant  of  the  facts  connected  with  such  fire ;  such  (said) 
testimony  shall  be  reduced  to  writing;  and  shall  be  forwarded  to 
the  District  Attorney,  together  with  a  report  of  said  board  em- 
bodying their  opinions  and  conclusions  regarding  the  same.  The 
said  Commission  is  hereby  authorized  and  empowered  to  issue 
subpoinas  and  compel  the  attendance,  administer  oath  to  wit- 
nesses and  compel  the  production  of  books  and  papers  when  re- 
quired for  the  purpose  of  such  investigation. 

Sec.  10.  That  the  Chief  Engineer,  Assistant  Engineers,  Cap-      Relative  to 
tains.  Engineers  of  Engines,  Stokers,  Drivers,  and  all  members,  ^^^  retention  of 

o  o  ■>  7  7  'present  em- 

the  Secretary-Treasurer,  Department  Physician,  Veterinary  Sur-  pioyees. 
geon  and  all  other  employees  of  the  present  Fire  Department,  be 
retained  in  their  respective  positions.    The  said  board  may  ap- 


342  FIRE   DEPARTMENT. 

^      point  as  many  officers  and  other  employees  as  may  be  necessary.. 
The  tenure  of  office  of  all  officers  and  employees  of  the  Fire  De- 
partment shall  be  perpetual  unless  removed  for  cause  as  provided' 
for  in  this  act. 
Rules  and     Sec.  11.  Said  board  shall  have  power  to  adopt  such  rules  and 

regulations.  regulations  for  the  government  of  the  force  created  by  this  act 
as  they  shall  deem  fit  and  proper,  not  inconsistent  with  the  laws  of 
the  State,  and  the  violation  of  such  rules  and  regulations  shall 
be  sufficient  and  good  cause  for  dismissal  from  the  force;  pro- 
vided, however,  that  in  all  cases  charges  shall  be  preferred  in 
writing,  and  a  copy  of  such  charges  served  upon  the  accused 
three  days  previous  to  the  time  assigned  for  trial,  and  opportu- 
nities given  him  to  make  his  defence  personally  and  by  counsel. 
Estimates  to     ^EC.  12.  It  shall  be  the  duty  of  the  Commissioners  to  prepare 

be  prepared,  and  Submit  to  the  City  Council,  on  or  before  the  first  day  in  De- 
cember of  each  year,  an  estimate  of  the  whole  cost  and  expenses 
of  providing  for,  running  and  maintaining  the  Fire  Department 
of  the  city;  provided,  further,  that  one-twelfth  of  the  amount  so 
budgeted  by  the  City  Council  be  paid  monthly  by  the  City 
Treasurer  to  the  said  Board  of  Fire  Commissioners,  the  said 
amount  to  be  distributed  by  the  treasurer  of  said  board  under 
their  direction  upon  vouchers  properly  certified  by  the  president 
or  acting  president  of  said  board  and  Chairman  of  the  Finance 
Manner  of  Committee.     The  secretary  shall  keep  a  voucher  book  in  which 

keeping  ac-  jjg  g^all  keep  a  correct  record  of  all  amounts  paid  out,  the  fund 

counts.  ^  '^  ' 

to  which  it  is  chargeable,  and  the  person  to  whom  payable. 
Bond  and      ^'^G.  13.    All  members  of  this  department  shall  be  required  to 

duties  of  mem- be  Constantly  on  duty  and  subject  to  all  rules  and  regulations 

Department.  ^  established  by  the  Commissioners.  The  Chief  and  Assistant 
Engineers,  Secretaiy  and  Treasurer  and  all  other  employees 
shall  furnish  good  and  solvent  bond  to  the  satisfaction  of  the 
Mayor,  and  made  payable  to  the  city  of  New  Orleans,  in  the  sum 
set  opposite  their  names,  viz. :  Chief  Engineer,  $5000;  Assistant 
Engineer,  $2500;  Secretary  and  Treasurer,  $2000;  Employees, 
$500. 
Injured  mem-     ^^^-  ^^-  -^"^  member  of  the  Fire  Department  receiving  injury 

bers.  or  becoming  disabled  while  in  the  discharge  of  his  duty  so  as  to 

prevent  him  from  attending  to  his  duties  as  such  member,  shall 
for  the  space  of  twelve  months,  provided  his  disability  shall  last 
that  time,  receive  his  usual  salary.  The  fact  of  such  disability 
and  its  duration  shall  be  certified  by  the  Department  Physician 
or  such  other  evidence  as  the  Commissioners  may  require. 
Right  ot  way     Sec.  15.  The  officers   and  men  of  the  Fire  Department,  with 

to  fire.  their  apparatus  of  all  kinds,  when  on  duty,  shall  have  the  right  of 

way  to  any  fire  and  in  any  highway,  street  or  avenue,  over  any 
and  all  vehicles  of  any  kind  except  those  carrying  United  States 
mail ;  and  any  person  in  or  upon  or  owning  any  vehicle,  who 
shall  refuse  the  right  of  way,  or  in  any  way  obstruct  any  fire  ap- 


FIRE   DEPARTMENT.  343- 

paratus  or  any  of  said  officers  while  in  the  performance  of  duty, 
shall  be  deemed  guilty  of  a  misdemeanor  and  be  liable  to  pun- 
ishment for  the  same  by  the  Recorder  of  the  district  in  which  the 
offence  is  committed,  by  a  fine  of  not  more  than  twenty-five  dol- 
lars, or  imprisonment  not  exceeding  thirtj'  days. 

Sec.  16,  The  Commissioners  are  empowered  to  provide  for  the   Memberspro- 
laying  on  the  railway  ^^racks  of  the  city  over  the  hose  used  by  ggl^ng  /he/r 
the   department  for  the   extinguishment  of  fires,  of  such   hose  salaries, 
bridges  as  they  may  deem  necessary.     The  officers  and  members 
are  prohibited  from  selling  or  assigning  their  salaries  by  antici- 
pation or  in  advance,  or  giving  powers  of  attorney  for  the  collec- 
tion thereof,  before  being  earned.     Any  person  who  shall  falsely 
represent  any    of    the    members    of  the   Fire   Department,    or 
who  shall  maliciously  intend  to  deceive,  use  or  imitate  any  of 
the  signs,  fire  caps,   badges,  signals,  adopted  or  used  by  the 
said  department,  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  subject  to  a  fine  of  not  more  than   twenty-five  dollars, 
and  to  imprisonment  for  the  term  of  not  more  than  thirty  days, 
recoverable  before  the  Recorder  in  whose  district  the  offence  is 
committed. 

Sec.  17.  The  Chief  or  Acting  Chief  of  the  Fire  Department    Powers    and 
shall  have  sole  and  absolute  control  and  command  at  all  fires  over  ch'iet"^'oVt  il^e 
all  persons  connected  with  the  Fire  Department,  and  shall  take  all  Fire  Depart- 
proper  measures  for  the  extinguishment  of  fires,  preservation  of 
order  and  observance  of  laws,  ordinances  and  regulations  re- 
specting the  same.    He  shall  also  take  proper  measures  that  the 
several  engines  and  other  apparatus  be  arranged  in  the  most  ad- 
vantageous situations  for  the  effective  extinguishment  of  fires, 
and  he  shall  have  authority,  in  case  of  emergency,  to  cause  to  be 
pulled  down  or  demolished  any  house,  building,  fence  or  danger- 
ous wall,  if  deemed  necessary  by  him;  and  in  the  absence  of  the 
Chief  Engineer,  the  Assistant  or  District  Engineer  in  command 
will  assume  the  functions  of  the  Chief. 

Sec.  18.  The  Chief  of  the  Fire  Department  shall  prefer  written    Manner  of 
charges  for  any  violation  of  the  rules,  regulations,  or  orders  of  his  preferring 

"  '       o  '  charges  against 

department  against  any  member  thereof,  upon  his  own  knowledge  members, 
or  upon  written  information  communicated  to  him  by  any  mem- 
ber of  the  department  or  any  citizen. 

Sec.  19.  During  the  pendency  of  charges  against  any  member       suspension 
of  the  department,  the  Chief  of  the  Fire  Department  may  sus-  of  members, 
pend  from  duty  any  such  member  until  such  charges  shall  be  ex- 
amined or  disposed  of. 

Sec.  20.  It  shall  be  the  duty  of  all  members  of  the  Fire  Depart-       permission 
ment  to  prevent  all  persons  not  belonging  to  the  department  must  be  given 

,  ,       .  .         ,  .IT  ,         to     persons    to 

from  entermg  any  engine  house  or  handling  any  apparatus  be-  handle  a  p  p  a- 
longing  to  the  department  without  permission.  ratus. 

Sec.  21.  The  Chief  of  the  Fire  Department  and  assistants  shall 
have  the  same  police  powers  at  all  fires  as  the  Superintendent  of 


344  "  FIRE   DEPARTMENT. 

Departments  Police,  and  may  Command  such  assistance  from  the  inhabitants  of 

poller  p"we^'s"*^®  ^^*y  for  the   suppression   or  extinguishment  of  fires  as  may 

be  required.    They  shall  have  power  to  place  ropes  to  intercept 

access  to  the  fire,   also  to  order  any  company,  fireman  or  other 

person  from  the  neighborhood  of  a  fire.     Any  person  refusing  to 

Penalty  for  comply  with  such  orders  shall  be   deemed  guilty   of  a  misde- 

ply  with°ordSs  mcanor,  and  on  conviction  thereof  before  the  Recorder  of  the  dis- 

of  the  depart-  trict  in  which  the  offence  is  committed  shall  be  subiectto  a  fine 

tnent.  •' 

of  not  more  than  twenty-five  dollars,  and  in  default  of  payment 
to   imprisonment  in  the  parish  prison  for  a  period  not  exceeding 
thirty  days. 
Responsibii-     Sec.  22.  The  Chief  of  the  Fire  Department  being  responsible 
ment*^to^re^s^t^or  the  entire  management  of  his  department,  shall  have  power 
with  the  Chief,  to  suspend  from  service  any  officer  or  employee  of  the  same,  and 
suspension  to  continue  until  the  Board   of  Fire  Commissioners 
shall  dispose  of  the  charges  made,  which  in  all  cases  must  be 
presented  at  the  first  subsequent  meeting  of  the  board. 
Order  of  rank.       Sec.  23.  In  the  absence  of  the  Chief,  the  Assistant  shall  assume 
command,  and  in  the  absence  of  the  assistant  the  next  ranking 
officer,  and  whenever  a  vacancy  shall  occur  from  death,  resigna- 
tion or  otherwise,  in  the  offices  of  the  Chief  Engineer,  the  Assist- 
ant Chief  or  District  Engineer,  it  shall  be  filled  by  election  by 
the  Board  of  Fire  Commissioners. 
Quaiificaiions     Sec.  24.  No  person  Under  twenty-one  years  or  over  sixty-five 
mem  ers.      yg^rs  of  age  shall  be  appointed  in  the  Fire  Department,  nor  shall 
any  person  be  appointed  or  remain  in  said  service  who  is  not  a  cit- 
izen of  the  United  States  or  not  of  good  moral  character,  or  who 
shall  have  been  convicted  of  crime;  no  person  shall  be  eligible  to 
the  position  of  Chief  Engineer,  Assistant  or  District  Engineer  or 
Captain,  or  foreman  of  any  company  who  can  not  read  and  write 
understandingly  the  English  language,  or  who  shall  not  have  re- 
sided within  the  State  one  year,  and  shall  only  be  appointed  after 
he  has  fully  passed  a  satisfactory  physical  examination  before  the 
Department  Physician. 
Leaves  of     Sec.  25.  No  member  of  the  Fire  Department  shall,  under  pen- 
a  sence.  ^^^  ^^  forfeiting  the  salary  or  pay  due  him,  withdraw  or  resign, 

except  by  permission  of  the  Board  of  Fire  Commissioners.     Un- 
explained absence  without  leave  of  any  member  of  the  uniformed 
force  for  two  consecutive  days  shall  be  deemed  and  held  to  be  a 
resignation  by  such  member  and  accepted  as  such. 
Warrants  to     Sec.  26.  Every  member  of  the  force  shall  have  issued  to  him 
nfemberT*^    *°  ^5'  ^^  board  a  proper  warrant  of  appointment,  signed  by  the 
president  and  secretary,  which  warrant  shall  contain  the  date  of 
his  appointment  and  his  rank. 
Oath  of  office     Sec.  27.  Evcry  member  of  the  force  shall  take  an  oath  of  ofllee 
and  subscribe  the  same  before  an  officer  empowered  to  administer 
an  oath,  and  furnish  bond  as  provided  for. 


FIRE   DEPARTMENT.  345 

Sec.  28.  The  government  and  discipline  of  the  department  Discipline  of 
shall  be  such  as  the  Commissioners  may  prescribe,  from  time  to  ^|j,^  e  p  a  r  t  - 
time,  by  rules",  regulations  and  orders.  The  commissioners  shall 
have  power  in  their  discretion,  on  conviction  of  an  officer  or  mem- 
ber of  the  force,  of  any  legal  offence,  disobedience  of  orders,  or  in- 
capacity, or  absence  without  leave,  or  any  conduct  injurious  to 
the  public  peace  or  welfare,  or  immoral  conductor  conduct  unbe- 
coming an  officer,  or  other  breach  of  discipline,  to  punish  the 
offending  party  by  reprimand,  forfeiting  or  withholding  pay  for 
a  specified  time ;  or  dismissal  from  the  force.  Officers  and  mem- 
bers shall  be  removed  only  after  written  charges  have  been  pre- 
ferred against  them ;  and  after  the  charges  have  been  publicly 
examined  into,  upon  such  reasonable  notice  to  the  person  charged, 
and  in  such  manner  of  examination  as  the  Commissioners  may 
prescribe. 

Sec.  29.  Said  Commissioners  shall  receive  no  compensation  for     Commission- 
their  services,  but  they  as  well  as  all  other  employees  of  the  Fire  "^n^^ju^  '"and 
Department  shall  be  exempt  from  militia  and  jury  duty  while  so  Militia  duty, 
employed.    The  Commission  hereby  created  may  adopt  a  com- 
mon seal  and  direct  its  use,  and    in    the  name  of  its  presi- 
dent may    institute     and   maintain    suits    and  proceedings  at 
law  and  in   equity,  and  may  pay  cost,   expenses  or  judgments 
therein,  for  the  enforcements  of  its  rights  and  contracts,  and  for 
the  protection,  possession  and  maintenance  of  property  under 
its  control;  and  all  fines  and  penalties  mentioned  in  or  imposed 
by  the  city  ordinances  for  the  more  effective  prevention  of  fires 
and  the  better  protection  of  life  and  property  in  the  city  of  New  Or- 
leans ;  and  all  fines  and  penalties  received  by  the  Treasurer  of  the 
city  of  New  Orleans  for  the  violation  of  the  city  ordinances  rela- 
tive to  the  prevention  of  fires  and  the  better  protection  of  life  and 
property  shall  be  paid  over  to  the  said  Board  of  Commissioners,  peniuies^   ^^^ 
to  be  receipted  for  by  the  Secretary-Treasurer  of  the  board,  and 
all  such  sums  shall  accrue  to  the  benefits  of  the  Mutual  Benevo- 
lent and  Kelief  Fund  of  the  department. 

Sec.  30.  The  City  Council  shall  provide  such  offices  and  busi- 
ness accommodations  for  the  transaction  of  their  business  and 
that  of  their  subordinates  in  said  city  of  New  Orleans  as  shall  be 
necessary. 

Sec.  31.  That  this  act  take  effect  thirty  days  after  the  promul- 
gation by  the  Governor.  That  all  acts  or  parts  of  acts  contra- 
vening the  provisions  of  this  act  are  hereby  repealed. 

Art.  716.  That  the  Chief  Engineer  of  the  Fire  Depart-      shutting  off 
ment  of  the  First,  Second,  Third  and  Fourth  Districts  *"  ord'.N"!5429, 
be  and  he  is  hereby  authorized  and  empowered  to  order    Dec.  i8,  isss. 
the  shuttinp^  off  of  any  circuit  belonging  to  the  Louisiana 
Electric  Light  and  Power  Company,  crossing  or  in  close 


346  FIRE  DEPAETMENT. 

proximity  to  any  conflagration,  when  in  his  judgment 
said  wires  will  endanger  life  or  property,  and  to 
promptly  notify  said  Electric  Light  Company  when  said 
circuit  may  again  be  operated,  it  being  understood  that 
no  deductions  will  be  made  on  the  monthly  bill  of  said 
Louisiana  Electric  Light  and  Power  Company  by  the 
city  of  New  Orleans  for  the  non-lighting  of  lights  on 
such  circuits  during  the  time  they  are  ordered  shut  off 
by  the  Chief  Engineer. 
Telephone     Art.  717.  That  the  Mayor  be  and  he  is  hereby  author 

connection.  .  .  "   .  .    ,  .   , 

ord.  No.  9690,  ized  and  directed  to  enter  into  a  notarial  contract  with 
c.  s. 
June  s,  1894.  the  Great  Southern  Telephone  and  Telegraph  Company, 

A  m  e  n  d  1  ng  .  . 

and  re-enacting  for  the  erection  and  maintenance  of  a  system  of  tele- 

Ord.   No.  9314,     ,  .  .         .  .11  ... 

c.  s.  phonic  communications  with  the  various  engine  houses 

constituting  the  Fire  Department  of  the  city  of  New  Or- 
leans and  the  fire  alarm  office  in  the  City  Hall,  as  well  as 
a  general  communication  with  the  trunk  lines  to  the 
Central  Telephone  Exchange,  and  with  the  general  sub- 
scription of  the  city  of  New  Orleans,  limited  to  forty 
(40)  stations.  The  said  contract  to  be  for  and  in  con- 
sideration of  the  sum  of  three  thousand  dollars  per  an- 
num, and  to  date  from  January  1,  1895,  and  to  continue 
in  force  for  a  period  of  five  (5)  years  from  said  date.  It 
is  agreed  and  understood  that  any  equipments  in  excess 
of  the  forty  stations  above  specified  shall  be  charged  for 
in  the  same  proportion ;  and  it  is  further  agreed  and 
understood  that  the  Great  Southern  Telephone  and  Tele- 
graph Company  shall  immediately  and  without  delay 
proceed  to  erect  and  place  said  engine  houses  in  tele- 
phonic communication  as  above  described,  and  that  no 
charge  therefor  shall  be  made  to  the  city  of  New  Orleans 
for  the  said  service  for  the  balance  of  the  year  1894. 
Unlimited     Art.  718.  That  it  shall  be  lawful  for  fire  engines,  hose 

speed. 

Nov.,  1874.  carriages,  hook  and  ladder  trucks  and  wagons  contain- 
ing the  Babcock  fire  extinguishers  to  drive  through  the 
streets,  when  going  to  a  fire,  at  such  a  rate  of  speed  as 
may  be  deemed  necessary;  provided,  that  all  such 
vehicles  shall  be  furnished  with  alarm  signals,  bells  or 
gongs,  of  sufficient  size  to  give  notice  of  their  approach. 


Penalty. 


FIRE   DEPARTMENT.  347 

Art.  719.  That  the  penalties  prescribed  for  fast  driv-    Exemption 
ing  by  existing  ordinances  shall  not  apply  to  said  vehicles     ""  ib'. 

when  going  to  fires  as  aforesaid.  » 

Art.  720.  That  the  right  of  way  through  the  streets,  Right  of  way. 
roads  and  upon  the  levees,  within  the  city  limits,  is  here- 
by granted  to  all  fire  engines,  hose  carriages,  hook  and 
ladder  trucks  and  wagons  containing  the  Babcock  fire 
extinguishers,  when  going  to  fires,  and  all  vehicles  of 
other  descriptions  are  hereby  required  to  move  out  of 
the  way  of  such  engines,  trucks  and  wagons,  when  made 
aware  of  their  approach,  and  in  case  of  neglect  or  refusal 
so  to  do  every  driver  of  such  vehicles  shall,  upon  arrest 
and  conviction  before  the  police  court  of  the  district,  pay 
a  fine  of  $5,  or  in  default  thereof  be  imprisoned  ten  days. 

Art.  721.  That  for  the  purpose  of  facilitating  the  ready       Access  to 
access  to  water  by  the  engines  of  the  Fire  Department,  ^""ju^ne,  1878, 
incases   of  fire,    from   and   after  the   passage   of  this    s'epl'^lyg! 
ordinance,  the  lessees  of  the  Canal  Carondelet  and  New    ^'  ^'  ^"^" 
Canal  be  and  are  hereby   required  to    so   regulate   the 
landing  of  freight  within  the  harbors  of  their  respective 
canals  as  to  maintain  an  open   space  at  intervals  of  one 
square  or  less  from  the  head  or  basin  of  said  canals  to 
their  intersection  with  Claiborne  street,    and  said  open- 
ing shall  be  of  same  width  with  and  opposite  each  and 
every  street  intersecting  said  canals. 

Act  127— Approved  April  10,  1880. 

Sec.  25.  Be  it  further  enacted,  etc.,  That  the  Superintend-  Free  acces*. 
ent  shall  cause  the  intersection  of  all  the  streets  to  said  basin  and  *°  *^"*" 
canal  to  be  kept  free  from  the  obstructions  of  discharged  car- 
goes, in  order  that  free  access  may  be  had  by  the  Fire  Department 
of  the  citj^ ;  provided,  that  steamers,  schooners  or  other  water 
crafts  may  be  permitted  to  occupy  the  landing  at  such  intersec- 
tions, and  receive  outward-bound  freights. 

Art.  722.  That  whoever  shall  violate  the  provisions  of    Penalty, 
this  ordinance  shall  be  subject  to  a  fine  not   to  exceed  c.  s.  ' 

''  Feb.  9,1891. 

twenty-five  dollars,  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or 
imprisoned  in  the  said  parish  prison  for  a  term 
not  to  exceed  thirty  days  in  default  of  the  pay- 
ment of  the  fine,   to  be  imposed  by  the  Recorder  of 


348  FIRE  DEPARTMENT. 

the  district  wherein  the  offence  is  committed ;  provided, 
that  the  fine   shall  not  exceed  twenty-five  dollars   for 
each  offence  nor  1;he  imprisonment   more   than   thirty 
days. 
Duty  of  police     Art.  723.  At  all  fires  it  shall  be  the  duty  of  the  police 
Feb.,  1853!     to  keep  the  space  immediately  in  front  of  the  same  free 
from  intrusion  by  persons  not  rendering  aid  at  the  fire, 
that  the  firemen  may  be  enabled  the   better  to  discharge 
their  duty,  and,  in  case  of  danger,  effect  their  escape. 
Engine  not     Art.  724.  No  firc  engine,   hose  or  hook   and   ladder 
walk".  "^  ^"^^' company,  or  any  tender  attached  thereto,  shall  be  per- 
^^"  mitted  to  run  on  the   sidewalks  of  this  city,  or  through 
any  of  the  markets  or  public  squares. 
Penalty  Art.  725.  That  whoever  shall  violate  the  provisions  of 

^<^'^- No.  S093  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
Feb.  3,  1891.  twenty-five  dollars  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  im- 
prisoned in  the  said  parish  prison  for  a  term  not  to  ex- 
ceed thirty  days  in  default  of  payment  of  the  fine  to  be 
imposed  by  the  Recorder  of  the  district  wherein  the 
offence  is  committed ;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence  nor  the  im- 
prisonment more  than  thirty  days. 

Demolition     ^^'^-  ^^^-  ^^cu,  iu  ordcr  to  stay  the  progress  of  a 
of  buildings,     ^YQ   {I  shall  be  deemed  proper  to  demolish  one  or  more 

Dec,  1856.  '  ^      ^ 

0.5.3172.  houses  or  buildings,  the  Mayor,  or,  in  his  absence,  the 
Chief  or  acting  Chief  of  the  Fire  Department,  shall  take 
the  advice  of  three  proprietors  of  houses,  and  if  he 
and  they  be  unanimously  of  opinion  that  the  house  or 
houses  should  be  demolished,  then  the  said  Mayor,  or 
Chief,  or  acting  Chief,  as  aforesaid,  shall  be  authorized 
to  give  orders  for  the  destruction  of  said  house  or  build- 
ings, and  the  opinion  of  said  officers  and  advisers  shall 
be  reduced  to  writing  and  signed  by  them,  and  shall  be 
recorded  in  the  Mayor's  office.  In  case  the  pulling 
down  and  demolition  of  any  house  or  building  by  the 
direction  of  the  Mayor,  or  other  officer  aforesaid,  shall 
be  the  means  of  stopping  the  said  fire,  or  if  the  fire 
shall  stop  before  it  comes  to  the  house  demolished,  then 
the  owner  of  such  house  or  building  shall  be  entitled  to 


FIRE   DEPARTMENT.  349 

recover  a  reasonable  compensation  therefor  from  the 
city ;  but  when  the  building  so  pulled  down  or  demol- 
ished shall  be  that  in  which  the  fire  originated,  then  the 
owner  shall  be  entitled  to  no  compensation  therefor. 

Art.  727.  In  order  to  carry  out  the  provisions  of  Act  orTNo^^yloo 
No.  109  of  the  Legislature,  session  of  1884,  as  amended  ^-^^^.-j  3^3, 
by  Act  No.  39  of  the  Legislature  of  1892,  entitled  ''An 
act  to  amend  and  re-enact  section  1  of  Act  109  of  the 
General  Assembly  of  1884,  approved  July  10,  1884, 
entitled  an  act  for  the  protection  of  life  and  property  at 
fires"  (Act  of  1892,  pp.  44  and  45). 

That  the  proprietor  or  proprietors  of  all  buildings 
in  the  city  of  New  Orleans  having  iron  shutters 
on  their  windows  shall  cause  to  be  attached  to  at 
least  one  shutter  on  each  window  on  each  story  thereof 
some  device  or  apparatus  as  required  by  the  aforesaid 
acts  of  the  Legislature,  and  that  the  same  shall  be  so 
applied  in  order  that  said  shutters  can  be  opened  from 
the  outside  in  case  of  fire,  to  secure  immediate  access 
to  the  building  on  fire. 

Art.  728.  That  in  case  of  failure  to  comply  with  the  Penalty, 
requirements  of  this  ordinance  the  owner  or  owners  of 
said  or  such  building  or  buildings,  or  his  or  their  agent 
or  representative,  shall  be  subject,  upon  conviction 
thereof,  to  a  fine  not  exceeding  twenty-five  dollars,  and 
in  default  of  paying  said  fine  to  imprisonment  in  the 
parish  prison  not  exceeding  thirty  days. 

Art.  729.  That  all  previous  ordinances  or  parts  of  Repealing- 
ordinances  on  the  same  subject  matter  be  and  the  same  '^'^"^®-  j^^ 
are  hereby  repealed. 

Art.  730.  That  the  devices  of  Messrs.  L.  Pujol,  P.  O.     Devices  for 

Guerin,  Donohoe  &  Finn  and  John  Jouet,  for   openings huttersac- 

iron  shutters,  are  hereby  selected  in  accordance  with  the    ord.No. 7797 

provisions  of  Act  109  of  1884,  as   amended  by  Act  3  of    July  s,  1893- 

1892,  entitled  an  act  to  amend  and  re-enact  section  1  of 

Act  109  of  the  General  Assembly  of  1884. 

Ord.  Xo.  5614,  C.  S.,  creating  paid  Fire  Department. 

Ord.  Xo.  5659,  C.  S.,  amending  Ord.  Xo.  5614,  C.  S. 

Ord.  X"o.  5841,  C.  S..  amending  Ord.  Xo.  5614.  C.  S. 

Ord.  Xo.  7096,  requesting  location  of  a  chemical   engine  in 

square   bounded   by   Galvez,  Broad.  Common 

and  Bienville  streets. 


350  FIRE   ESCAPES. 


Ord.  No.  7786,  C.  S.,  authorizing  purchase  of  property  in 
square  bounded  by  Broad,  Gasquet,  Palmyra 
streets  and  Jane  alley,  in  accordance  with  Ord. 
7096,  C.  S. 

Ord.  No.  7898,  setting  aside  funds  for  erection  of  building,  in 
accordance  with  above. 

Fire  Wells :  Ord.  Nos.  2315,  2674,  7747,  7888.  7930,  8045,  8287, 
10,642,  10,538. 


FIRE  ESCAPES. 

standpipes.        Art.  731.  (1)  That  all  business  buildings  now  erected  or 
^^rd.  No. 6513^^  be  erected,  being  more  than  fifty  feet  high,  covering 
July  5,  1892.  ^^  ^^^^  ^^  ^-QQ  g^pgrflcial  feet,  shall  have  a  two  and  a 
half  inch  or  larger  metallic  stand  pipe  within  or  near  the 
front  wall,    extending   above   the  roof,    with    suitable 
valves  at  each  story,  and  arranged  so  that   engine  hose 
can  be  attached  from  the  street.     All  hose  couplings 
shall  conform  to  the  size  and  pattern  adopted  by  the  Fire 
Department. 
Metaiic ladders     >A.RT.  732.  (2)  All  buildiugs,  cxcept  such  as  are  used  for 
pipes.  ^^^"^'  private  residences   exclusively  in  this  city,   of  four  or 
^^-  more  stories  in  height,  shall  be  provided  with  one  or 
more  metallic  ladders  or  metallic  fire  escapes,  with  stand- 
pipe  attached,  including  from  the  first  story  to  the  upper 
stories  of  such  buildings,  and  above  the  roof  and  on  the 
outer  walls  thereof,  in  such  location  and  numbers  and  of 
such  material  and  construction  as  the  Mayor,  Chief  En- 
gineer of  the  Fire  Department,  the  City  Engineer  and 
chairman  of  the  fire  committee  of  the  Council  and  Com- 
missioner of  Public  Buildings,  or  a  majority  of  them, 
may  from  time  to  time  determine.     After  such  determi- 
nation shall  have  been  made  as  aforesaid   the  Chief  En- 
gineer of  the  Fire  Department,  at  any  time,  by  notice  in 
Notice  to  writing  served  upon  the  owner  or  agent  at  his  residence 
owner  or  agent.  ^^  placc  of  busincss,  requiring  such  owner  or  agent  of 
any  such  building,  by  leaving  with  such  owner  or  agent, 
or  at  his  residence  or  place  of  business,  a  copy  of  such 
notice   requiring   such  owner  or  agent  to  cause   such 
building,  within  thirty  days  after  the  service  of  such 
notice,  to  cause  metallic  ladders  or  fire  escapes  to  be 
placed  upon  such  building  within  thirty  days  after  the 


FIRE  LIMITS  351 

service  of  such  notice  5  provided,  however,  that  all  build- 
ings more  than  two  stories  in  height,  used  for  manu- 
facturing purposes,  shall  have  one  metallic  ladder  for 
every  twenty-five  persons  or  less  employed  above  the 
second  story. 

Art.  733.  (3)  In  case  such  owner  or  agent  so  served  with    Failure  to 
notice  as  aforesaid  shall  not,  within  thirty  days  after  the  nouce.^  "^  * 
service  of  such  notice  upon  him,  place  or  cause  to  be 
placed,  such  metallic  ladder  with  standpipe  or  fire  escape 
upon  such  building  as  required   by  this  ordinance  and    Penalty, 
the  terms  of  such  notice,  he  shall  be  subject  to  a  fine 
of  not  less  than  twenty-five  nor  more  than  two  hundred 
and  fifty  dollars,  and  to  a   further  fine  of  twenty-five 
dollars  for  each  week  he  or   others   fail  to  comply  with 
said  notice.     That  the  fines  imposed  for  violation  of  this 
ordinance  shall  be  collected  by  any  court  of  competent 
jurisdiction. 

Art.  734.  (4)  That  it  is  hereby  made  the  duty  of  the  Duty  of  Mayor, 
parties  herein  designated  to  execute  the  provisions  of  this  neer,  etc, "^'" 
ordinance. 

Art.  735.  (5)  That  all  ordinances  or  parts  of  ordi-       Repealing 
nances  inconsistent,  contrary  or  in  conflict  with  the  pro-         *        ib. 
visions  of  this  ordinance  be  and  the  same  are  hereby 
xepealed. 


ACT  OF  LEGISLATURE. 

Act  97. 

For  the  better  protection  and  security  to  life,  and  providing  for 
fire  escapes  on  all  buildings  four  stories  high  and  over, 
private  residences  excepted. 

FIRE  LIMITS. 
Art.  736.  That  it  shall  not  be  lawful  to  erect,  and    unlawful  to 
all  persons  are  forbidden  to  erect,  or  to  cause  to  be  exfeS'w'iTh 
erected,  within  the  following  described  limits,  any  build-  oT'other  n^n*^ 
ing  whatever  except  the  walls  thereof  be  constructed  of  materia"  fn  'Sr- 
brick  or  other  non-combustible  materials,  covered  with  *  o"d!  no**3373, 
slates  or  other   non-combustible  materials,    viz. :     The  '^b^ct.  16. 1888. 
banks  of  the  Mississippi  river  in  front,  thence  up  Jack- 
son street  to  Tchoupitoulas  street,  including  both  sides. 


tnct 


352  FIRE   LIMITS. 

Fire  limits,  thence  down  Tchoupitoulas  street  to  St.  Andrew  street^ 
'  thence  up  St.  Andrew  street  to  Religious  street,  thence 
down  Religious  street  to  Felicity  Road,  thence  out 
Felicity  Road  to  Annunciation  street,  down  Annuncia- 
tion street  to  Calliope  street,  out  Calliope  street  to  Car- 
ondelet  street,  thence  down  Carondelet  street,  including 
both  sides,  to  north  side  Howard  avenue,  out  north  side 
Howard  avenue  to  Rampart  street,  thence  down  Rampart 
street,  including  both  sides,  to  Poydras  street,  out  Poy- 
dras  street  to  Franklin  street,  thence  down  Franklin  to 
Canal  street,  out  Canal,  upper  side,  to  Rampart  street, 
thence  down  Rampart  street  to  Toulouse  street,  out 
Toulouse  street,  including  both  sides,  to  Bourbon  street, 
thence  down  Bourbon  street,  including  both  sides,  to 
Dumaine  street,  out  Dumaine  street  to  Chartres  street, 
thence  down  Chartres  street  to  Lafayette  avenue,  thence 
out  Layfayette  avenue  to  Mississippi  river. 
Fourth  Dis-  ^RT  737_  (2)  That  the  -buildings  hereafter  to  be 
^^-  erected  in  the  Fourth  District  and  fronting  on  Maga- 
zine street,  between  Felicity  Road  and  Jackson  street, 
also  on  Camp  street  from  Felicity  to  St.  Andrew 
street,  also  on  St,  Mary  street  from  Magazine  street 
to  Camp  street,  and  on  St.  Andrew  street,  from 
Camp  to  Magazine  street,  shall  be  constructed  of 
brick  or  other  non-combustible  material  to  the  extent  of 
one  hundred  and  fifty  feet  from  the  front  of  said  streets. 
Fifth  District.  Art.  738.  That  on  and  after  the  passage  of  this 
ordinance  it  shall  be  unlawful  to  erect  a  building  within 
the  boundaries  of  the  river,  Atlantic  avenue  and  Opelou- 
sas  avenue.  Fifth  District  of  New  Orleans,  unless  said 
building  be  covered  with  a  roof  of  either  slate,  corru- 
gated iron,  or  some  other  material  that  is  fire-proof. 

Art,  739.  That  the   City    Engineer    is   hereby   spe- 
cially directed  in  issuing  permits  for  building  within  the 
above  boundaries  to  strictly  enforce   the  provisions  of 
this  ordinance. 
Plank  roofs;     Art.  740.  (3)  That  hereafter  no  buildings   shall   be 
Coulicih"*  °  *  constructed  with  shingle  or  plank  roofs  without  the  con- 
c?s^'  ^°'  ^^^^'  sent  of  the  Council   within   the   following   limits,  viz.  i 


FIRE  LIMITS. 


353: 


Removal    of 
buildings. 

lb. 


From  Lowerline  to  Felicity  Road  and  from  the  river  to 
Dryades  street. 

Art.  741.  (4)  That  it  shall  not  be  lawful  to  erect,  and    Unlawful  to 

erect  buildings 

all  persons  are  forbidden  to  erect  or  cause  to  be  erected,  unless  root  is 
any  building  whatever  except  the  roofs  thereof  shall  be  siate  o  r  other 
covered  with  slate  or  other  non-combustible  materials,  bie  material  in 
within  the  following  limits,  viz. :  In  the  rear  of  the 
fire  limits  as  per  section  1  of  this  ordinance  and  com- 
mencing corner  Religious  street  and  Felicity  Road, 
thence  out  Felicity  Road  to  Magnolia  street,  thence 
down  Magnolia  street  to  Calliope  street,  out  Calliope 
street  to  Clara  street,  thence  down  Clara  street  to  Poy- 
dras  street,  out  Poydras  street  to  Claiborne  street,  the  rice 
down  Claiborne  street  to  Esplanade  street,  out  Espla- 
nade street  to  St.  Claude  street;  thence  down  St.  Claude 
street  to  Independence  street,  thence  out  Independence 
street  to  the  river. 

Art.  742.  (5)  That  it  shall  not  be  lawful  and  all  per- 
sons are  forbidden  to  remove  or  cause  to  be  removed  to 
another  place  on  the  same  lol,  or  on  another  lot  if  with- 
in the  limits  described  in  sections  1,  2  and  4  of  this  or- 
dinance, any  building  already  erected  without  making 
such  building  fire-proof,  in  accordance  with  the  provi- 
sions of  said  sections  respectively. 

Sec.  6  of  Ord.  No.  3273  repealed  by  Ord.  Xo.  4336,  C.  S.,  March 
18,  1890. 

Art.  743.  (7)  That  the  owner  of  every  house  covered 
with  wood  sliall  provide  it  with  a  good  ladder  of  the 
height  of  the  house,  to  be  used  in  case  of  fire,  and 
moreover,  he  shall  provide  a  ladder  fixed  permanently 
on  the  roof  timber,  under  penalty  of  five  ($5)  dollars 
for  each  and  every  month  the  owner  or  agent  thereof 
shall  neglect  to  comply  with  the  requirements  of  this 
section,  after  notice  from  the  Mayor,  said  penalty  re- 
coverable before  the  Recorder  in  whose  district  the 
offence  is  committed. 

Art.  744.  (8)  That  any  person  or  persons  violating  any 
of  the  provisions  of  this  ordinance  shall  be  liable  to  a 
fine  of  not  less  than  five  ($5)  dollars  nor  more  than 
twenty-five  ($25)  dollars,  or  imprisonment  for  not  less 


lb. 


Penalty. 


Penalty. 


354  FIRE  LIMITS. 

than  five  or   more  than  thirty  days  at  the  discretion  of 
the  Recorder  in  whose  district  the  offence  is  committed. 
Penalty.  '^^'^'  '''45.  (9)  That   also   a  further  fine  of  from   $5 

^^to    $25,  or    imprisonment    from    five    to    thirty    days, 
shall  be  imposed  for  each  and  every  month  he,  she  or 
they  shall  refuse  or  neglect  to  comply  with  a  written 
notice  from  the  Mayor,  specifying  the  delay  which  may 
be  adjudged  reasonable  by  said  officer,  to  demolish  or 
alter  any  such  building  in  contravention,  recoverable  as 
.  •    aforesaid. 
Dutyoi  police.     Art.  746.  (10)  That  it  shall  be  the  duty  of  the  police 
■  to  report  all  violators  of  the  provisions  of  this  ordinance 
to  the  Mayor,  who  shall  cause  the  proper   affidavit  to  be 
made  before   a  magistrate  for  the  recovery  of  the  fines 
imposed. 
Repealing     ^^"^^  ^"^^^  C^^)    ^^^^  all  ordiuauccs  Or  parts  of  ordi- 
■ciause.        ^^  nances  in  conflict  herewith  be  and  the  same  are  hereby 
repealed. 
Frame  build-     Art.  748.  That  any  and  all  ordinances  or  parts  thereof 
ofstrict.  ^^"^  prohibiting  the  construction'  of  frame  buildings  in  that 
^or  ,No.s322,p^^^  of  the  city  of  New  Orleans  lying  upon  and  beyond 
May26, 1891,  ^gpi^nadc  street,  in  the  Third  District,  be  repealed. 
Unlawful  to     Art.  749.  (1)  It  shall  not  be  lawful  to  erect,  and  all 
buifdLyr"fire  persons  are  forbidden  to  erect  or  cause   to   be   erected, 
^'ord.* No.  6s33,  within  the  fire  limits  of  this  city,  any   building,  except 
^  July  5, 1892.    the  same  be  constructed  entirely  of  brick,  stone  or  other 
non-combustible  materials,  and  roofed  with  slate,  com- 
position or  other   non-combustible  material ;  provided, 
that  wood  covered  with  metal   shall   not  be  considered 
non-combustible,  except  for  roofs. 
Buildings  four     Art.  750.  All  buildiugs  of  four   or   more   stories  in 
stories.™"  "^^  height,  within  the  fire  limits,   shall   have  flat  roof  cov- 
^^'  ered  with  composition,  metal  or  other  fire-proof  metal. 
No  building  shall  be  erected  within  the  fire  limits  with 
wooden  studding,  faced  and  packed  with  brick. 
Alterations,     Art,  751.   (2)  No  alteration,    extension   or   addition 
tdSn^  ** '  shall  be  made,  nor  shall  any  person  cause  the  same  to  be 
^^made,  to    the    exterior    of   any    building    within  the 
fire   limits   unless    such   alteration   or    addition   be   of 
brick,  stone  or  other  non-combustible   material,  except 


FIRE  LIMITS.  355 

in  piers  extending  into  the  river,  or  on  the  levee  where 
the  same  may  be  sheds  or  frame  buildings,  plans  of 
which  shall  be  approved  by  the  City  Council. 


PERMITS. 

Ord.  8124.  Augusti,  A..  62  Dryades  street,  shed,  brick  front,  sides 
and  roof  corrugated  iron,  October  5,  1893. 

Ord.  2907.  Bryan  &  Miles,  Julia,  Notre  Dame,  Water  and  Delta 
streets.  April  6,  1888. 

Ord.  3161.  Baudet.  Widow  Julia,  St.  Philip,  Dauphine,  Bur- 
gundy and  Dumaine,  August  30,  1888. 

Ord.  6195.  Barnwell,  James,  226  Magazine,  two-story  frame, 
brick  wall  on  upper  side  one-story  high,  sec- 
ond story  to  be  frame,  sides  and  top  covered 
with  asbestos  and  tin,  first  story,  lower  side, 
with  glass  openings,  March  31,  1892. 

Ord.  6850.  Behan,  Elizabeth  Antoinette,  219  and  221  St.  Charles, 
October  20,  1892. 

Ord.  9335.  Barry,  Mrs.  G.  W.,  Religious  street,  between  Race 
and  Robin  streets,  double-frame  slated  cottage, 
June  28,  1894. 

Ord.  10,067.  Brinkman,  Henry,  Tchoupitoulas,  between  Jackson 
and  Josephine,  two  double  cottages,  brick 
front,  December  11,  1894. 

Ord.  10,699.  Bruning,  Theo.,  on  lots  12  and  13,  to  construct 
buildings  on  plans  approved  by  City  Engineer. 

Ord.  10,790.  Baldwin,  Thomas,  Tchoupitoulas  and  Theresa,  to 
demolish  old  structure  and  erect  frame  slated 
cottage.  May  3, 1895. 

Ord.  11,005.  Burns,  Jas.,  Tchoupitoulas,  between  Celeste  and 
Felicity,  frame  slated  shed,  July  10,  1895. 

Ord.  11,073.  Brinker,  Frank,  St.  Charles,  near  Calliope,  frame 
slated  cottage,  August  1, 1895. 

Ord.  11,280.  Brinker,  Frank.  1022  St.  Charles  avenue,  frame 
building,  with  iron  roof.  September  10,  1895. 

Ord.  11,284.  Becochi,  Antonio  L.,  Esplanade  avenue,  square 
bounded  by  Decatur,  Chartres  and  Barracks 
streets,  double  cottage  ($2000)  frame  building, 
September  10,  1895. 

Ord.  11,385.  Bosso,  Jos.,  Conti  street,  between  Rampart  and 
Burgundy  streets,  frame  shed,  with  corrugated 
iron  roof.  September  26,  1895. 

Ord.  9131.  Chaplain,  Louis.  Rampart  and  Gravier,  one  addi- 
tional story.  May  11,  1894. 

Ord.  3084.  Dufour,  Francis,  280  Bourbon  street,  July  20,  1888. 

Ord.  6612.  Dofflns,  Misses,  Thalia,  between  Tchoupitoulas  and 
Peters,  frame  slated  cottage,  August  9,  1892. 

Ord.  8756.  Dunn.  Edward,  Tchoupitoulas  and  Thalia,  two 
double  cottages,  March  2,  1894, 

Ord.  9269.  Day.  Mrs.  John  T.,  Orange.  Race,  Tchoupitoulas 
and  S.  Peters,  frame  slated  cottage,  June  1, 
1894. 

Ord.  9423.  Durroux,  Dominique,  Widow,  intersection  of 
Baronne,  Howard  avenue  and  St.  Joseph, 
frame  slated  building,  July  13,  1894. 


356  FIRE  LIMITS. 

Ord.  10,342.  Dejean,   H.   J.,   Perdido,   between   Baronne    and 
Dryades,   frame  building  covered  with   cor- 
rugated iron,  February  19.  1895. 
Ord.  10,709.  Delbarty,  Widow  A.,  Dauphine,  between   Conti 

and  Bienville  streets,  frame  slated  building. 
Ord.  11.172.  Flettrich,  John  L.,  S.  Kampart,  in  square  bounded 
by  Lafayette,  Girod  and  Basin,  single  story, 
slate  roof.  August  27,  1895. 
Ord.  3037.  Garland,  Edw.  F.,  83  and  85  Elysian  Fields,  July  7, 

1888. 
Ord.  7286.  Gould.  H.   C,  Tchoupitoulas,   Thalia,   Peters  and 

Hunter  streets,  slated,  March  9,  1893. 
Ord.  8754.  Gleanon,  Mrs.  M.  E.,  Orange,  between  Religious 
and  St.  Thomas  streets,  frame  cottage,  March 
2.  1894. 
Ord.  8755.  Gilligan,  Widow  John,  Gaiennie  and  New  Levee, 
brick  front  one-story  double  slated  cottage, 
March  2.  1894. 
Ord.  9340.  Grunewald,  Louis,  Dauphine,  Bourbon,  Conti  and 
Bienville  streets,  two-story  warehouse,  June 
28,  1894. 
Ord.   9444.  Guinle,    H.    B.,   Dryades,   between    Perdido    and 
Poydras  streets,  to  rebuild  a  two-story  frame 
slate  roof  building,  July  13,  1894. 
Ord.  9976.  Grote,  John,   St.  Joseph.  Julia,   Water  and  Delta 
streets,  frame  building  stable,   covered  with 
patent  lire-proof  roofing  and  sides  with  cor- 
rugated iron,  November  17,  1894. 
Ord.  10,183.  Goreau,  Louis  F.,  1008  Camp  street,  frame  build- 
ing 12x18  feet,  covered  with  corrugated  iron, 
January  16,  1895. 
Ord.  10,708.  Glass,  Vandergriff,  Camp,  between  Julia  and  St. 
Joseph  streets,  to  repair  roof  with  corrugated 
iron,  to  repair  shed.  May  14. 1895. 
Ord.  6302.  Home  Brewing  Company,  N.  Peters,  Jeanne,  Char- 
tres  and  Pauline  streets,  frame  building,  April 
23,  1892. 
Ord.  9044.  Haag,  Henry,  96  Girod  street,  one-story  warehouse, 
brick  front,  Fletcher  roof,  wood  and  iron  sides, 
April  30,  1894. 
Ord.  9270.  Harvey,    Miss  Mary,  Tchoupitoulas,  Orange,  Race 
and    Religious  streets,  frame  slated   cottage, 
June  1,  1894. 
Ord.  10,210.  Hyde,  Mrs.  A.  V.,  Poeyfarre,  Delord,   Camp   and 
Magazine  s  reets.  frame  building.  January  22, 
1895. 
Ord.  11,711.  Huener,  Wid.   Michael   Louise,  St.   James  street, 
square  bounded  by  S.   Peters,   Tchoupitoulas 
and  White  streets,   double  frame,  slated  cot- 
tage, December  24,  1895. 
Ord.  11,135.  Hackney.  D.  A.,  815  Carondelet  street,   two-story 

frame  building,  slated  roof,  Aug.  6,  1895. 
Old.  5099.  Illinois  Central  Railroad  Company,  Front,  between 
St.  Joseph  and  New  Market  streets,  frame 
building,  with  corrugated  iron  roof,  February 
6,1891. 
Ord.  10,595.  Jensen,  Mrs.  L.,  Howard  avenue,  between  Caron- 
delet and  St.  Charles  streets,  double  two-story 
frame,  slated  building,  April  18,  1895. 


FIRE  LIMITS.  357 


Ord.  7818.  Klemme,  Wid.  George  E.,  122   St.  Louis  street,  re- 
pair, alteration  and  re-erect  certain  buildings, 
July  28,1893. 
Ord.  9398.  Klefforth,  J.  H.,  Market,  Chippewa,  St.  James   and 
St.  Thomas  streets,  double  slate-roof  cottage, 
July  9,  1894. 
Ord.  10,433,  Kanel,  Mrs.   J.,   Thalia,    between  Tchoupitoulas 
and  S.    Peters  streets,   frame  building,  brick 
walls,  March  13, 1895. 
Ord.  4151.  Louisiana   Steam  Sash,    Blind   and  Door  Factory, 
Roberts  &  Co.,  Gravier,  Howard  and  Tulane 
avenue,  two-story  brick  and  fire-proof  build- 
ing for  engine  room,  December  5,  1889. 
Ord.  6474.  Lannan,  Thomas,  St.   Thomas,  between  Erato  and 
Gaiennie  streets,  double  frame  cottage,  July  1, 
1892. 
Ord.  6634.  Lannan,  Thomas,  St.  Thomas,  between  Erato   and 
Gaiennie  streets,  double  frame,  slated  cottage, 
September  1,  1892. 
Ord.  6670.     Louisville  &  Nashville  Railroad  Company,  Water, 
Delta,  Julia  and  St.  Joseph  streets,  single  story 
building,  corrugated    iron    roof,  100x30  feet, 
September  9,  1892. 
Ord.  6747.  Lacoste,  E.,  64  Royal  street,  covered  shed  with  cor- 
rugated iron,  September  28,  1892. 
Ord.  10,248.  Landry,  613  Bourbon  street,  frame  building,  with 
Fletcher  roof  in  rear  of  brick  building,  Febru- 
ary 2,  1895. 
Ord.  11,458.  Louisiana  Electric  Light  and  Tower  Company,  in 
square  bounded  by  Market,  S.  Peters,  Richard 
and  Water  streets,  frame  structure,  October  15, 
1895. 
Ord.  11,487.  Lambert  Bros.,  916  and  918  Camp  street,   slated 
mansard  roof  on  brick  building,  October  22, 
1895. 
Ord.  7160.  Maus,  Jacob,  36  Nunn  street,  double  frame,  slated, 

February  2.  1893. 
Ord.  8887.  McConnon,  Mrs.  M.,  Thalia,  between  S.  Peters  and 
Tchoupitoulas,  frame  slated  building,  March*  26, 
1894. 
Ord.  10,303.  McEntee,  Jno.   M.  and  J.  J.,  218  Dryades  street, 

frame  slated  building,  February  7,  1895. 
Ord.  11,319.    McLoughlin,    L.   J.,    Dauphine    street,     square 
bounded      by      Customhouse,     Bienville      and 
Burgundy  streets,  frame   shed  with   flre-proof 
roof,  September  19,  1895. 
Ord.  5261.  N.  O.   Lawn  Tennis  Club.  Amelia,  near  Dryades, 

shingle  roof,  April  29,  1891. 
Ord.  9318.  N.  O.  Sanitarium  and  Training  School  for  Nurses,  279 
Carondelet  street,  to  remodel  premises  in  frame, 
covered  with  wire  lath  and  cement,  stucco  on  the 
outside,  March  7,  1894. 
Ord.  9994.  N.  O.  and  Southern  R.  R.  Co.,  to  construct  on  two 
squares    bounded    by  Urquhart,    Hancock,    St. 
Claude  and  Tricou  streets  such  sheds  as  may  be 
necessary  for  the  repairing  of  its  motive  power 
and  rolling  stock,  November  24,  1894. 
Ord.  2743.  Perez,  Wm.,  Perdido,  between  Dryades  and  Ram- 
part, February  1,  1888. 


358  FIRE  LIMITS. 

Ord.  4151.  Roberts  &  Co.,  La.  Steam  Sash,  Door  and  Blind 
Factory,  Gravier,  Howard  and  Tulane  avenue, 
two-story  brick  fire-proof  building,  as  engine 
and  boiler  room,  December  5,  1889. 

Ord.  4565.  Ryan,  P.  H.,  Gaiennie  and  Tchoupitoulas,  double 
frame  cottage  with  shingle  roof,  June  7,  1890. 

Ord.  8190.  Ryan,  P.  H.,  Gaiennie,  Erato  and  Tchoupitoulas 
and  iNew  Levee,  small  shed,  October  24,  1893. 

Ord.  10,681.  Rand,  Mrs.  M.,  Orange,  between  Religious  and 
Tchoupitoulas,  two  double-frame  slated  cottages, 
May  9,  1895. 

Ord.  11,409.  Roonan,  P.,  square  bounded  by  Delord,  Constance, 
Magazine  and  Poeyfarre  streets,  reconstruct 
frame  shed  and  repair  his  premises,  October  1, 
1895. 

Ord.  3206.  Seibel  Bros.,  32  and  34  Barracks,  September  28, 1888. 

Ord.  5258.  Sweeney  James,  Robin,  Race,  Peter  and  Tchoupi- 
toulas streets,  open  shed  with  corrugated  iron 
roof,  April  26,  1891. 

Ord.  5271.  Stranghan  J.,  Henry  Clay,  Jersey,  Calhoun  and 
Tchoupitoulas  streets,  small  frame  cottage, 
slate  roof,  April  30,  1891. 

Ord.  9023.  Sullivan  C.  D.,  St.  James  near  St.  Peter,  small 
frame  cottage,  slate  roof,  April  20,  1894. 

Ord.  9507.  Scott,  Chas.  A.,  Tulane  avenue  and  Basin  street, 
two  additional  rooms  to  frame  building, 
August  9,  1894. 

Ord.  10,001.  Standard  Coal  Company,  to  erect  an  office  8x10 
feet,  at  their  coal  yard,  on  Julia  street,  at  back 
of  L.  &.  N.  R.  R.,  November  24,  1894. ' 

Ord.  11,074.  St.  Patrick's  Church,  to  erect  mansard  roof,  Au- 
gust 1,  1895. 

Ord.  11,363.  Sullivan  T.,  206  Julia  (old),  addition  to  frame 
building,  September  24,  1895. 

Ord.  11,169.  Segretto  G.,  401  Basin  street,  frame  building, 
August  27,  1895. 

Ord.  2820.  Theodore  A.,  Levee,  between  Julia  and  Girod, 
March  3,  1888. 

Ord.  7021.  Thompson  J.  &  Bro.,  Rampart,  betw^een  Common 
and  Gravier,  to  alter,  repair  and  make  ad- 
ditions to  building,  December  21,  1892. 

Ord.  9224.  Villavasso,  Wm.  M.,  70  and  72  St.  Joseph,  to  erect 
shed  with  iron  covering,  May  25,  1894. 

Ord.  3144.  Wagner  John,  254  Bourbon  street,  August  10, 1888. 

Ord.  5270.  Wellman  Henry,  Magazine,  State,  Camp  and  Elenora 
streets,  9x46  shingled  cottage,  April  30, 1896. 

Ord.  6534.  Wheelage  Harry  B.,  Tchoupitoulas,  between  Theresa 
and  Bellechasse,  single  frame,  slated  cottage, 
July  5,  1894. 

Ord.  7312.  Weingart  Geo.  W.,  Old  Basin,  Dupre,  Gayoso  and 
Toulouse,  manufactory  and  ottice  works,  March 
16,  1893. 

Ord.  7660.  Wilson  Prescilla,  Walnut,  Elizabeth,  Market  and 
Foucher,  shingle  roof,  June  5,  1893. 

Ord.  8911.  Yoimg  Men's  Gymnastic  Club,  Rampart,  Burgundy, 
Bienville  and  Customhouse,  brick  building, 
one  side  frame  and  glass,  March  31,  1894. 


FISH.  359 


FIRE  SALES. 

Art.  752.  That  on  and  after  the  passage  of  this  or- Duty  of  Mayor 
dinance  the  Treasurer  shall  not  issue  to  any  one  not    u?er. 
regularly  doing  business  in  this  city  as  a  merchant  a    c.'s."''"'^^'' 
license  for  the  purpose  of  doing  business  and  desig-      ^"  ^'      ' 
nating  same  as  a  ''Fire  Sale,"  unless  said  party  or  par- 
ties applying  for  said  license  can  furnish  proof  satis- 
factory to  the  Mayor  and  City  Treasurer  that  said  goods 
have  actually  been  saved  from  a  fire. 

Art.  753.  That  any  one  attempting  to  do  such  busi-  penalty. 
ness  as  designated  above  without  having  first  obtained 
a  license  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  $25  or  im- 
prisonment for  not  less  than  thirty  days,  in  default  of 
payment  of  said  fine,  said  fine  to  be  recoverable  before 
the  Recorder  having  jurisdiction. 

Art.  754.  That  Ordinance  No.  3273,  C.  S.,  be  and  is  Amending ord. 
hereby  amended  as  follows,  viz. :  s°'  ^^^^' 

In  line  15,  after  the  words  "  Felicity  Road  to"  insert c.s.'*  °"  '^^  ' 
"  Religious  street,  thence  down  Religious  to  Race  street,      ""^  *' 
to  St.  Thomas  street,  thence  down  St.  Thomas  street." 

Art.  755.  That  Ordinance  No.  3273,  C.  S.,  be  and  is 
hereby  amended  as  follows,  viz. : 

In  line  23,  after  the  words  "  Poydras  street  to,"  strike  Amending ord. 
out  "Franklin  street,  thence  down  Franklin  street,"  ands.  °'  ^^^^' 
insert  "  Basin  street,  thence  down  Basin  street."  u'sLy^^,  isgi. 

Art.  756.  That  Ordinance  No.  8423,  an  ordinance  pre-    Repealing 
venting  the  erection  of  frame  buildings  within  the  fire  c.  s. 
limits  under  any  circumstances,  be  and  the  same  is  here-  c.  s,"    °' 
by  repealed. 

FISCAL  AGENT— See  City  Charter. 


FISH. 

See  Animals,  Offences. 

Art.  757.  That  it  shall  be  unlawful  for  any  person  or  umawfui  to 
persons  to  catch,  kill  or  pursue  any  green  trout  or  black  during  s^pawn- 
bass,  or  to  have  the  same  in  their  possession  after  being  *"^  season. 


360  FLOUR  INSPECTORS. 

ord.  No.  s868  caught  Or  killed,  in  this  parish,  during  their  spawning 
bee.  IS,  iSqi.  season,  say  from  the  first  day  of  March  to  the  fifteenth 

Amended   by  «  i.,  „  ,  .       ,       , 

ord.  No.  7130,  day  of  May  of  each  year,  inclusive. 
Jan.  24,1893.     Art.  758.  That  whoever  shall  violate  the  provisions 
of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
Penalty.       twcuty-fivc  dollars  or  imprisonment  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
onment in  the  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed ;  provided,  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence  nor  the  imprison- 
ment more  than  thirty  days. 
Unlawful  to     Art.  759.  That  it  shall  be  unlawful  for  any  person  or 
efc"^ ^'""^' "^*' persons  to  haul  any  seine,   net,  etc.,  in  any  lagoon  or 
^oVd.No.6896,^^yQ^  within  the  limits  of  the  parish  of  Orleans.      That 
Nov.  2,  1892.  ^^y  person  or  persons  violating  the  provisions  of  this 
ordinance  shall,  upon  conviction,  pay  a  fine  of  not  more 
than  twenty-five  dollars  nor  more  than  thirty  days'  im- 
Penaity.        prisoumcnt  by  the  Recorder  in  whose  jurisdiction  said 
offence  is  committed.     One-half  of  the  fine  imposed  to 
go  to  the  informer.  That  this  ordinance  shall  take  effect 
from  and  after  its  passage. 
Repealing     Art.  760.  That  all  ordinances  or  parts  of  ordinances 
clause.        ^^  conflicting  with  the  provisions  of  this  ordinance  be  and 
the  same  are  hereby  repealed. 


FISK  FUND— See  Almshouses,  Etc. 


FLOUR  INSPECTORS. 

Act  23  of  1892. 

Repealing     SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 

^7o,?e?ative  to  of  Louisiana,  That  the  Act  No.  71  of  1870,  extra  session,  approved 

the  compulsory  March  16,  1870,  and  entitled,  "An  act  to  amend  and   re-enact  an 

mspecuon    o  f  ^^^  gj^^^^^^  ,  ^^  ^ct  to  establish  a  Board  of  Flour  Inspectors  for 

the  city  and  port  of  New  Orleans,  approved  March  28,  1867,  and 

numbered  159,'  "  be  and  the  same  is  hereby  repealed,  and  that 

henceforth  there  shall  be  no  compulsory  inspection  of  any  flour 

in  Louisiana. 

Sec.  2.  That  all  laws  and  parts  of  laws  in  conflict  herewith  are 
hereby  repealed. 


FORGES  AND  FOUNDRIES.  361 

PORGES,  FOUNDRIES  AND  BLACKSNITH  SHOPS. 

See  Steam  Engines. 

Art.  761.  (1)  That  it  shall  not  be  lawful  to  erect  or    permission, 
establish  within  the  city   limits   any   forge,    foundry  or  c.  sV    °'^  '^ 
steam  engine   without   special   permission   of  the  City      ^*^"  ^' '  ^'* 
Council. 

Art.  762.  (2)  All  buildings  for  forges  and  foundries    Construction, 
must  be   constructed  of  brick   or   other   incombustible 
materials  within  the  fire  limits. 

Art.  763.  (3)  All  petitions  for  permission  to  erect  any      consent  of 

property    own- 

l)lacksmitli  shop,  forge  or  steam  engme  shall  be  accom-  ers. 
panied   with   the   written  consent  of  a  majority  of  the 
property  owners  by  the  foot  frontage  within  a  radius  of 
300  feet  of  the  place  where  permission  is  asked  to  erect 
such  blacksmith  shop,  forge  or  steam  engine. 

Art.  764.  (4)  Whoever  shall  violate  the  provisions  of    penalty, 
this  ordinance  shall  be   subject  to  a  fine   not  to  exceed  ^^' 

twenty-five  dollars,  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  im- 
prisoned in  the  said  parish  prison  for  a  term  not  to  ex- 
ceed thirty  days  in  default  of  the  payment  of  the  fine, 
to  be  imposed  by  the  Recorder  of  the  district  wherein 
the  offence  is  committed  ;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence  nor  the  im- 
prisonment more  than  for  thirty  days ;  provided  further, 
that  each  day  any  blacksmith  shop,  forge,  foundry  or 
steam  engine  shall  be  operated  in  contravention  of  this 
ordinance  it  shall  be  deemed  a  separate  offence. 

Art.  765.  (5)  That  ordinances  Nos.  3176,  O.  S.,  5581,    Repealing 

Ords   l^os    ^1*76 

O.   S.,  and  5612,  C.   S.,  be  and  the  same  are  hereby  c.s;"ssS' o.s. 

,     _  "^  and  S612  C.   S. 

repealed.  ib 

PRIVILEGES. 

Ord.  2953.  Ax,  Livermore,  Fulton,  between  Poydras  and  La- 
fayette streets,  May  21,  1888. 

Ord.  4496.  Audifred,  T.  T.,  removed  from  336  to  340  Royal 
street,  May  10, 1890. 

Ord.  10,023.  Aikman,  J.  W.,   41  Newton,  December  3,  1894. 

•Ord.  3251.  Baldwin,  Albert  &  Co.,  Ltd.,  115  and  117  Magazine 
street,  October  13,  1888. 


362  FORGES  AND  FOUNDRIES. 

Ord.  3886.  Baldwin,  Albert  &  Co.,  Ltd.,  Erato  and  Tchoupi- 
toulas  streets,  August  3,  1889. 

Ord.  5259.  Benson,  Charles,  blacksmith's  forge,  Baronne  and 
Girod  streets,  April  24,  1891. 

Ord.  6992.  Blessing,  Jos.  T..  blacksmith's  forge,  567  St.  Denis 
street,  December  7,  1892. 

Ord.  7042.  Bruen,  A.,  blacksmith's  forge,  Tchoupitoulas  street,, 
between  Thalia  and  Erato,  December  29,  1892. 

Ord.  7086.  Bruen,  A.,  frame  building  with  corrugated  iron 
roof,  Tchoupitoulas,  between  Thalia  and  Erato 
streets,  January  11,  1893. 

Ord.  7332.  Bador,  Geo.,  blacksmith,  Dauphine.  between  Flood 
and  Egania  streets,  March  23.  189o. 

Ord.  8602.  Briede,  Otto  F.,  blacksmith's  forge,  84  Girod  street, 
January  18,  1874. 

Ord.  11,280.  Brinker,  Frank,  blacksmith's  forge.  1022  StCharles 
avenue,  September  10,  1895. 

Ord.  2584.  Chittenden,  N.  S..  95  South  Rampart  street,  No- 
vember 18,  1887. 

Ord.  3788.  Crone,  Geo.,  Valence,  between  Magazine  and  Camp 
streets.  May  3.  1889. 

Ord.  3811.  Casey,  R.  W.,  33  Commerce  street,  June  6,  1889. 

Ord.  3963.  Curry,  John,  Magazine  and  Poeyfarre.  September 
6,  1889. 

Ord.  6588  Coppin,  Dummet  &  Co.,  Cypress  and  Freret,  Au- 
gust 5,  1892. 

Ord.  8076.  Cazenavette,  Gaston,  and  Raphael  Reyes,  106. 
Tchoupitoulas,  September  27,  1893. 

Ord.  10,426.  Coutin  &  Chaussier.  blacksmiths.  615  Toulouse 
street,  March  13,  1895. 

Ord.  11,075.  Cage,  T.  A.,  blacksmith's  forge,  Constance  and 
Terpsichore  streets,  August  1,  1895. 

Ord.  5771.  Deilmann,  Frank,  blacksmith,  Washington,  between 
St.  David  and  Liberty,  :November  20,  1891. 

Ord.  7111.  Duvic,  Frank,  blacksmith's  forge,  Villere  and  Se- 
guin.  Fifth  District,  January  19,  1893. 

Ord.  7945.  Driscoll,  D.,  blacksmith's  forge,  459  St.  Charles  ave- 
nue, August  18,  1893. 

Ord.  8994.  Delperich,  Jos.  L.,  blacksmith's  forge,  Washington 
and  Freret  streets,  April  19,  1894. 

Ord.  9169.  Dufour,  Frank,  blacksmith's  forge,  229  Chartres 
street.  May  16,  1894. 

Ord.  10,342.  Dejan,  Henry  J.,  blacksmith's  forge,  Perdido,, 
between  Baronne  and  Dryades,  February  19, 
1895. 

Ord.  4472.  Estrado,  J.  L.,  Louisiana  avenue,  between  Tchoupi- 
toulas and  Chippewa  streets.  May  7,  1890. 

Ord.  6948  Estrado,  Dr.  A.,  horseshoeing,  21  Chippewa  street,. 
November  23,  1892. 

Ord.  7448.  Estrado,  Dr.  Antonio,  blacksmith,  68  South  Peters 
street,  April  21,  1893. 

Ord.  7617.  Eber,  Edward,  blacksmith,  St.  Philip  between  Dor- 
genois  and  Broad  streets.  May  25,  1893. 

Ord.  9161.  Eteman,  F.,  blacksmith  and  forge,  Tchoupitoulas, 
between  Valence  and  Bordeaux  streets.  May 
16,  1894. 

Ord.  10,358.  Eberling,  Frank,  blacksmith  and  forge,  Washing- 
ton and  Magnolia  streets,  February  20,  1895. 

Ord.  3274.  i^erran,  Bertrand,  J'lood  and  Dauphine  streets,  Oc- 
tober 22,1888. 


FORGES  AND  FOUNDRIES.  36^ 


Ord.  5643.  Fish,  Chas.  M.,  blacksmith  and  wheelright,  Pitt  ,be- 
tween  Henry  Clay  avenue  and  Calhoun  streets, 
October  6,  1891. 

Ord.  5925.  Fallon  &  Surger,  blacksmiths,  244  Customhouse 
street,  January  9,  1892. 

Ord.  6920.  Fush,  Chas.  M.,  140  Religious  street,  November  11, 
1892. 

Ord.  7193.  Fehl,  Chas.  F.,  blacksmith  and  forge,  Hillary,  be- 
tween Pearl  and  Commercial  streets,  February 
9,  1893. 

Ord.  7895.  Ferguson,  Peter  A.,  horseshoeing,  67  Perdido  street,. 
August  3. 1893.  . 

Ord.  10,628.  Faushler  &  Saner,  remove  to  36  Montegut  street. 
April  26,  1895. 

Ord.  2725.  Gambrino,  S.,  92  South  Rampart  street,  February  1, 
1888. 

Ord.  7936.  Galvin,  Bat.,  blacksmith  and  forge,  235  Gravier 
street,  August  18, 1893. 

Ord.  8052.  Guarino,  J.  U.,  blacksmith  and  forge.  Rampart,  be- 
tween St.  Peter  and  Toulouse  streets.  Sep- 
tember 7, 1893. 

Ord.  8752.  Gehrke,  Alfred,  blacksmith,  Dublin  and  Calapissa. 
streets,  Seventh  District,  March  2,  1894. 

Ord.  9115.  Grandpre,  A.  H.,  blacksmith  and  forge,  17  Conti 
street.  May  9,  1894. 

Ord.  6542.  Hammond.  Wm.,  blacksmith  and  forge  , Orange,  be- 
tween Annunciation  and  Chippewa  streets,. 
July  28,  1892. 

Ord.  8271.  Higgins,  H.  J.,  blacksmith  and  forge,  Tchoupitou- 
las,  between  Toledano  street  and  Louisiana 
avenue,  November  11,  1893. 

Ord.  9717.  Huff  &  Wagner,  blacksmiths  and  forge,  Claiborne 
between  Spain  and  Mandeville  streets.  Sep- 
tember 21,  1894. 

Ord.  11,072.  Heirch,  Aug.,  blacksmith  and  forge.  Magnolia 
street  and  Washington  avenue,  August  1,  1895. 

Ord.  8204.  Johnson.  Jos.,  blacksmith  and  forge,  14  Commerce 
street.  October  24,  1893. 

Ord.  2576.  Kane,  Q.  D.,  Front,  between  Gaiennie  and  EratO' 
streets.  November  11,  1887. 

Ord.  5881.  Kinney,  James,  Liberty,  between  Common  and  Gas- 
quet  streets.  December  10,  1891. 

Ord.  6618.  Killelea,  John  J.,  blacksmith,  Tchoupitoulas,  between- 
Josephine  and  Adele  streets,  September  1, 1892. 

Ord.  6793.  Kursch,  A.,  blacksmith  and  forge,  92  South  Ram- 
part street,  Otttober  6,  1892. 

Ord.  6897.  Kosh,  Donner  &  Co.,  blacksrhith,  Clara,  between 
Julia  and  Cypress  streets,  October  20, 1892. 

Ord.  8839.  Kneale,  William,  blacksmith  and  forge,  Washing- 
ton avenue  and  Derbigny  streets,  March  19, 
1894. 

Ord.  9784.  Kohl,  J.,  blacksmith  and  forge.  Third  and  Rampart 
streets.  October  5.  1894. 

Ord.  2953.  Livermore  &  Ax,  Fulton, between  Dryades  and  La- 
fayette streets.  May  21,  1888. 

Ord.  2958.  Lewis,  Jos.,  St.  Joseph  and  Peters  streets,  May  28,^ 
1888. 

Ord.  3922.  Lewis.  Jos.,  199  Tchoupitoulas  street,  August 9, 1889. 

Ord.  3925,  Long,  J.  R.,  Julia,  between  Franklin  and  Liberty 
streets,  August  15,  1889. 


364  FORGES  AND  FOUNDRIES. 

Ord.  3931.  Lewis,  H.,  50  Delta  street,  August  30,  1889. 

Ord.  4817,  Lewis,  Jos.,  South  Peters  and  Delord  streets,  Octo- 
ber 31, 1890. 

Ord.  8482.  Lammoraine,  Jean,  33  Toulouse  street,  December  21, 
1893. 

Ord.  9228.  Loescher,  Jos.,  small  forge,  67  Ursulines  street,  May 
25,  1894. 

Ord.  9440.  Levan,  J.  V.,  blacksmith  and  forge.  Calliope  and 
Pearl  streets,  July  13,  1894. 

Ord.  9685.  Leary,  John,  blacksmith  and  horseshoer,  Fulton, 
between  Girod  and  Notre  Dame  streets,  Sep- 
tember 17,  1894. 

Ord.  10,567.  Letsch,  Adam,  blacksmith  and  forge,  14  and  16 
Washington  street,  April  4,  1895. 

Ord.  11,136.  Liberto,  De  S.,  blacksmith  and  forge,  613  North 
Basin  street,  August  9,  1895. 

Ord.  4025.  Newman,  Wm.,  Tchoupitoulas  and  St.  Joseph  streets, 
October  4.  1889. 

Ord.  4841.  Netzhamer,  Frank,  Fourth  and  Dublin  streets,  No- 
vember 10,  1890. 

Ord.  5243.  Noe,  James,  blacksmith,  81  Girod  street,  April  22, 
1891. 

Ord.  8205.  Neligh  &  Dowens,  blacksmith,  13  Montegut  street, 
October  24,  1893. 

Ord.  9845.  Noel,  Chas.,  blacksmith,  Washington,  Claiborne, 
Willow  and  Sixth  streets,  October  18,  1894. 

Ord.  10,623.  Nelson  Cornice  Works,  blacksmith,  738-740  Camp 
street.  April  25,  1895. 

Ord.  11,171.  Naberenne,  N.,  blacksmith  and  forge,  618  North 
Basin  street.  August  27,  1895. 

Ord.  6584.  O'Neil,  Francis,  horseshoer,  to  remove  from  58  to  60 
Elysian  Fields  street,  August  5,  1892. 

Ord.  10,870.  Overing,  Wm.,  blacksmith,  429-431  Dryades  street, 
June  12,  1895. 

Ord.  11,579.  Poberie,  Jean  Marie,  blacksmith,  Lapeyrouse  and 
Derbigny  streets,  November  12, 1895. 

Ord.  2908.  Robinson,  James,  488  Chestnut  street.  April  6,  1888. 

Ord.  4152.  Rabe,  Wm.,  Common  and  Liberty  streets,  Decem- 
ber ] ,  1889. 

Ord.  5011.  Ray,  Alex.,  42  Liberty  street,  January  9,  1891. 

Ord.  6301.  Ray  &  Boutte,  blacksmiths,  413  Claiborne  street, 
April  23,  1892. 

Ord.  6816.  Rolling,  H.  portable  forge,  250  Carondelet  street, 
October  12,  1892. 

Ord.  6946.  Rosetta  Gravel  Paving  and  Improvement  Company, 

blacksmiths  and  wheelwrights,  St.  Patrick  and 

Delachaise  streets,  November  23, 1892. 

\  Ord.  8491.  Rolla,  John,  blacksmith  and  forge,  Valence,  between 

Camp  and  Magazine  streets,  December  22, 1893. 

Ord.  8880.  Ray,  Alex.,  blacksmith  and  forge,  Talane  avenue, 
between  Lopez  and  Gravier  streets,  March  22, 
1894. 

Ord.  11,634.  Rolle  &  Wentz,  blacksmiths  and  forge,  Broad,  be- 
tween Ursulines  and  St.  Philip  streets,  No- 
vember 26,  1895. 

Ord.  5511.  Schultz,  Louis,  forge,  241  South  Rampart  street,  Au- 
gust 6,  1891. 

Ord.  8105.  St.  Charles  &  Smith,  blacksmiths  and  forge,  125 
N.  Peters  street,  December  5,  1893. 


FUNERALS.  365 


Ord.  8488.  Southern  Exhaust  and  Blowpipe  Company,  black- 
smiths and  forge.  149  S.  Peters  street,  Decem- 
ber 21,  1893. 

Ord.  9441.  St.  Charles,  Felix,  blacksmith  and  forge,  removed  to 
70  N.  Peters  street.  July  13,  1894. 

Ord.  5689.  Tiblier,  Felix,  blacksmith,  146-148  Toulouse  street, 
April  9.  1891. 

Ord.  6541.  Timpe,  Chas.,  blacksmith  and  forge,  Dryades,  be- 
tween Jackson  and  Philip  streets,  July  27, 1892. 

Ord.  6682.  Theresa,  Chas.,  horseshoer,  L  rsulines  and  Claiborne 
streets,  September  9,  1892. 

Ord.  67Si.  Tejan,  Alex.,  blacksmith,  forge  and  wheelwright. 
Fourth  and  Jackson  streets,  October  6,  1892. 

Ord.  10.227.  Thiel,  Wm.,  blacksmith  and  forge,  Miro  street  and 
Tulane  avenue,  January  24,  1895. 

Ord.  6540.  Yoght.  Chas.,  blacksmith  and  forge,  33,  35.  37  Tha- 
lia street,  July  28,  1892. 

Ord.  4207.  Will  &  Liverniore',  Franklin,  between  Girod  and 
Xotre  Dame  streets,  January  9,  1890. 

Ord.  6206.  Wayburn,  Frank,  blacksmith,  Common  and  Liberty 
streets,  April  7,  1892. 

Ord.  6888.  Willie,  Bros.,  portable  forge,  217  Erato  street,  No- 
vember 3,  1892. 

Ord.  10,226.  Wilson,  A.  M.,  blacksmith  and  forge.  Broad,  be- 
tween Washington  street  and  Bayou  road,  Jan- 
uary 24,  1895. 

Ord  11,039.  Weston.  H.  Lumber  Company,  forge,  Carrollton 
avenue  and  X.  Basin  street. 


FUNERALS. 

Art.  766.  That  all  owners  or  drivers  of  any  carriage,    Drivers  ta 
cab  or  other  conveyance,  unless  unavoidably  delayed  by  oru.  No."io,86i 
accident  or  street  blockade,  shall,  after  taking  their  place    June  u,  1895. 
or  places  in  a  funeral  procession,  be  compelled  to  remain 
in  line  after  having  been  once  assigned  to  position,  until 
they  shall  have  reached  a  point  within  not  exceeding  two 
hundred  yards  of  church  or  cemetery. 

Art.  767.  That  any  owner  or  driver  of  a  carriage,  cab  Penalty. 
or  other  conveyance,  who  shall  violate  any  of  the  pro- 
visions of  this  ordinance  shall  be  liable  to  arrest  and 
upon  conviction  be  fined  for  each  carriage,  cab  or  other 
conveyance,  a  sum  not  less  than  ten  dollars  or  a  term  of 
imprisonment  in  the  parish  jail  not  exceeding  fifteen 
days. 


366  GAS  COMPANIES. 

GAS    COMPANIES. 
See  Lights. 

adSt"<:P'*""'^*'     Art.  768.  That    the   compromise  with  the  Jefferson 

^ord.  No.  6004  Q-as  Light  Company,  recommended   by  the   Committees 
Feb.  2,  1892.  Qjj  Finance  and  Fire  and  Lighting   of   the  City  Council 

of  the  city  of  New  Orleans,  in  joint  session  on  the , 

be  and  the  same  is  hereby  approved   and   adopted ;  and 

Compensation,  accordingly  that  —  said  company  shall  be  paid  annually 
until  the  expiration  of  its  charter,  on  the  9th  day  of 
March,  1899,  thirty  thousand  dollars  ($30,000)  for  sup- 
plying and  lighting  (in  conformity  to  the  terms  and 
conditions  embodied  in  the  Act  96  of  1869  of  the 
Louisiana  Legislature)  the  858  street  gas  lamps  now 
erected  in  the  Sixth  and  Seventh  Districts  of  the  city  of 
New  Orleans  said  amount  to  be  paid  said  company  in 
equal  instalments  at  the  end  of  each  and  every  month ; 
provided,  said  company  shall  enter  into  contract  with 
the  city  of  New  Orleans  before  a  city  notary,  wherein 
and  whereby  said  company  shall  bind  and  obligate 
itself  as  follows,  viz  : 

Lamps  moved.  1.  To  move  cach  year  not  more  than  thirty  of  said 
street  lamps  from  one  location  to  another  on  the  exist- 
ing or  future  mains  of  said  company  as  the  City  Council 
may  direct. 

ti^e  Vii^lults"      ^'  "^^   discontinue   any   and   all    suits   now  pending 

lb-  wherein  any  claims  for  lighting  any  of  said  858  lamps 

is   asserted   or  urged,   and  to   relinquish  any  and   all 

claims  for  unpaid   balances   for   lighting   any   of   said 

lamps  up  to  date. 

w  a  i  V  e  r  of     3.  To-  agree  in  no  event  to  resort  to  the  means  author- 

5er  Tx^i  s  t  i  n"g  izcd  by  existing  laws  to  enforce  payment  of  any  amounts 
lb.  that  may  become  due  by  said  city  to  said  company,  ex- 
cept to  the  extent  of  thirty  thousand  dollars  ($30,000) 
per  annum  from  January  1,  1891,  for  supplying  and 
lighting  the  858  lamps  now  erected,  and  for  supplying 
and  lighting  any  new  lights  that  may  be  erected  under 
^    '  this  ordinance  at  the  rate  of  $35  per  lamp  per  annum. 

That  this  ordinance  take  effect  from  and  after  its  pas- 
sage. 


GAS  COMPANIES.  367 

Act  Xo.  97  of  1S70. 
To  incorporate  the  Crescent  City  Gas  Light  Company. 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Hepresenta- 
tives  of  the  State  of  Louisiana,  in  General  Assembly  convened,  That 
Joseph  H.  Oglesby.  William  Creevy,  Francis  J.  Herron,  F.  W. 
Perkins,  S.  D.  McPherson,  George  F.  Sherman,  W.  B.  Cornell, 
W.  Hawksworth  and  their  present  and  future  associates,  suc- 
cessors and  assigns,  be  and  they  are  hereby  constituted  and  de- 
clared to  be,  from  and  after  the  passage  of  this  act,  a  body 
corporate  and  public,  in  fact  and  in  name,  by  the  style  and  title 
of  the  Crescent  City  Gas  Light  Company,  and  by  that  name  they 
and  their  successors  shall  and  may  have  continued  succession, 
and  shall  be  persons  in  law  capable  of  suing  and  being  sued, 
pleading  and  being  impleaded,  answering  and  being  answered 
unto,  defending  and  being  defended  in  all  courts  and  places 
whatsoever;  and  that  they  and  their  successors  may  have  a  com- 
mon seal,  and  may  change  and  alter  the  same  at  pleasure,  and 
also  that  they  and  their  successors  by  the  same  name  and  style 
shall  be  in  law  capable  of  holding,  purchasing  and  conveying 
any  estate,  real  or  personal,  for  the  use  of  said  corporation; 
provided,  that  the  lands,  tenements  and  hereditaments  which  it 
shall  be  lawful  for  said  corporation  to  hold  shall,  be  only  such  as 
shall  be  requisite  for  its  immediate  accommodation  in  relation  to 
the  convenient  transaction  of  its  business  and  the  properly  carry- 
ing on  and  conducting  of  its  works,  or  such  as  shall  have  been 
mortgaged  to  it  in  satisfaction  of  debts  contracted  in  the  course 
of  its  dealings,  or  purchased  at  sales  upon  judgments  which 
shall  have  been  obtained  for  such  debts. 

♦  ♦»***»♦♦ 

Sec.  8.  Be  it  further  enacted,  etc.,  That  the  Crescent  City  Gas 
Light  Company,  their  successors  and  assigns,  shall  have  and  be 
entitled  to  the  sole  and  exclusive  privilege  of  making  and  vend- 
ing gas  lights  in  the  city  of  Xew  Orleans,  to  such  persons  or 
bodies  corporate  who  may  voluntarily  choose  to  contract  for  the 
same,  for  the  term  of  fifty  years  from  and  after  the  date  of  the 
expiration  of  the  charter  of  the  Xew  Orleans  Gas  Light  Company. 

Sec.  9.  Be  it  furttier  enacted,  etc..  That  to  carry  the  foregoing 
section  into  effect,  they  shall  be  authorized,  at  any  time  after  the 
passage  of  this  act,  to  lay  pipes  or  conduits  at  the  expense  of  the 
company,  in  any  of  the  streets  or  alleys  of  said  city  of  New  Or- 
leans, where  th*»  same  may  be  required,  in  such  manner  as  may 
produce  the  least  inconvenience  to  the  city  or  its  inhabitants;  and 
provided  also,  that  the  company  shall  afterward  repair  with  the 
least  possible  delay  the  streets  they  have  broken. 

Sec,  10.  Be  it  further  enacted,  etc..  That  if  any  person  or  per- 
sons shall,  by  any  means  whatever,  destroy  any  part  of  the  gas 
pipes  constructed  or  owned  by  the  said  company,  or  any  of  their 


3^8  GAS  COMPANIES. 

works,  buildings,  fixtures  or  machines,  such  person  or  persons 
shall  each  of  them  be  liable  for  all  the  damages  occasioned 
thereby. 

Sec,  11.  Be  it  ftirther  enacted,  etc..  That  the  Crescent  City  Gas 
Light  Company  is  authorized  and  empowered  to  manufacture  gas 
from  any  and  all  material  suitable  for  such  purpose,  and  shall 
have  power  to  purchase  and  use  any  patent  or  patents,  or  the 
right  to  the  same  for  the  manufacture  of  such  gas  lights. 

Sec.  12.  Beit  further  enacted,  etc.,  That  the  works  of  said  company 
must  be  complete  and  in  condition  to  supply  the  proper  amount 
of  gas  required  for  the  city  of  Xew  Orleans  within  ten  years 
from  and  after  the  date  of  the  passage  of  this  charter;  and  in 
case  of  failure,  the  charter  to  be  null  and  void. 

Sec.  13.  Beit  ftirther  enacted,  etc..  That  all  acts  and  parts  of 
acts  heretofore  passed  conflicting  in  any  manner  with  the  pro- 
visions of  this  act  of  incorporation  are  hereby  repealed. 

Act  106  OF  1873. 

To  amend  and  re-enact  an  act  entitled  an  act  to  incorporate  the 
Crescent  City  Gas  Light  Company,  approved  April  10,  1870, 
and  to  fix  with  more  precision  the  time  when  said  company 
shall  go  into  operation,  and  to  authorize  said  companj^  to 
issue  mortgage  bonds,  to  change  the  time  for  election  of 
directors  and  to  limit  the  price  to  be  charged  for  gas. 

Decisions. 
Crescent  City  Gas  Light  Company  vs.  New  Orleans  Gas  T;ight 
Company,  27  An.  138;  N.  O.  G.  L.  Co.  vs.  La.  Light  Co.,  115  N. 
S.  650;  Oglesby  vs.  Attrill,  105  N.  S.  605.  (In  this  case  the  whole 
question  between  the  Crescent  City  Gas  Light  Co.  and  the  New 
Orleans  Gas  Light  Co.,  is  thoroughly  discussed.) 

Jefferson  Gas  Light  Company. 
Extract  from  Minutes  City  Council,  City  of  Carrollton. 

Carrollton,  Jan.  11,  1871. 

Whereas,  Under  an  act  of  the  Legislature  of  the  State,  ap- 
proved March  9,  1869,  the  Jefferson  Gas  Light  Company  is  given 
the  exclusive  privilege  of  supplying  gas  light  in  the  territorial 
limits  of  the  city  of  Carrollton;  and  whereas,  the  said  Gas  L  ght 
Company  now  proposes  to  lay  pipes  and  introduce  gas  in  the  city 
under  certain  conditions ;  therefore 

Section  1.  Be  it  ordained  by  the  Mayor  and  Council  of  Car- 
rollton, That  the  provisions  of  said  act  of  Legislature  are  hereby 
accepted  and  approved  as  therein  mentioned,  under  the  terms 
and  further  conditions  hereinafter  mentioned. 

Sec.  2.  Beit  further  ordained,  etc.,  That  the   Mayor  be   and  is 
hereby  authorized  to  enter  into  a  contract  by  public  act  with  the 
said  Jefferson  City  Gas  Light  Company,  as  follows  : 
■   The  said  Jefferson  City  Gas  Light  Company  shall,  within  six 
months  from  the  date  of  contract,  or  as  soon  as   can  be  laid,  an 


GAS  COMPANIES.  369 

eight-inch  gas  main  from  the  lower  line  of  the  city  of  Carrollton, 
up  St.  Charles  street  to  the  Carrollton  Railroad  depot  on  one  side 
of  said  street,  and  a  three-inch  gas  main  from  lower  line  up  the 
other  side  of  St.  Charles  street  to  Canal  avenue,  and  up  Levee 
street  from  the  aforesaid  depot  to  the  upper  line  of  the  city  of 
Carrollton.  with  the  necessary  branches,  drip  boxes,  etc.,  and  as 
soon  as  practicable  shall  lay  branch  mains,  pipes,  etc.,  out  Canal 
avenue,  Dublin,  Washington  and  the  other  principal  streets,  in 
order  to  light  the  said  streets  and  supply  the  citizens  with  gas 
light. 

Also,  the  said  company  shall  provide  and  erect  the  necessary 
lamp  posts  along  the  said  line. 

That  in  consideration  of  the  foregoing,  that  the  city  of  Carroll- 
ton, through  its  Mayor,  shall  provide  an  issue  of  forty-five  one 
thousand  dollar  bonds  of  the  city  of  Carrollton,  payable  in  thirty 
years,  with  interest  at  8  per  cent.,  payable  semi-annually  to  the 
order  of  said  Gas  Light  Company,  which  bonds  shall  be  dated  and 
delivered  to  the  said  Gas  Light  Company  when  the  pipes,  mains, 
etc.,  are  laid  and  the  lamp  posts  erected  along  the  line  of  St.  Charles 
street,  and  Levee  street,  from  Lowerline  street  to  LTpperline 
street,  and  the  gas  turned  on  for  use ;  provided,  the  said  company 
shall  guarantee  the  said  bonds,  and  assume  the  payment  of 
principal  thereof  at  maturity;  and  provided,  further,  if  at  ma- 
turity the  said  company  shall  fail  to  pay  said  bonds,  then  the 
said  city  shall  pay  the  same  and  become  the  owner  of  all  the  gas 
works,  mains,  pipes,  posts,  etc.,  then  lying  and  being  within  the 
present  limits  of  Carrollton. 

That  the  Treasurer  of  the  city  of  Carrollton  shall  specially  ap- 
propriate and  set  aside  in  lawful  money,  every  month,  such 
amount  and  proportion  of  the  taxes  and  dues  of  said  city  as  shall 
be  necessary  to  meet  the  interest  on  said  bonds  and  such  gas  bills 
as  may  accrue  against  the  said  city,  and  that  the  Mayor  in  said 
act  shall  be  authorized  to  make  such  other  agreements,  not  in- 
consistent herewith,  as  may  be  necessary  to  carry  out  the  pur- 
poses of  this  ordinance  and  make  the  said  contract  legal  and  con- 
clusive on  both  parties  thereto. 

Sec.  3.  Be  it  further  ordained^  etc.,  That  this  ordinance  shall 
take  effect  from  and  after  its  passage. 


GRAIN  ELEVATORS— See  Wharves  and  Landings. 


GAME — See  Animals,  Birds  and  Fishes. 


GAMBLING — See  Offences. 


370  GARBAGE. 

GARBAGE. 

See  Streets,  Health. 

Comptroller     Art.  769.  That  the  Comptroller  be  and  he  is  hereby 

i  m  p  roved  directed  to  advertise  for  ten  days,  according  to  law,  for 

^^ord.  No.  7860  sealed  proposals  for  the  collection,  removing  and  dis- 

Aug,  I,  1893.  posing  of  all  garbage  from  private  residences,  business 

places,  streets  and  alleys,  and  all  public   places  within 

the  limits  of  the  city  of  New  Orleans,  as  described  in 

garbage  districts    hereinafter   enumerated,    for  twenty 

years,  by  some  improved  system,  similar  to  those  now 

in  use  in  other  cities  of  the  United  States. 

Every  bidder  making  proposals  under  this  ordinance 
shall  state  the  price  per  annum,  divided  into  four  periods 
of  five  years  each,  at  which  he  is  willing  to  contract 
therefor,  under  the  terms  of  this  ordinance. 

All  bids  received  by  the  Comptroller  shall  be  reported 
to  the  City  Council. 

The  City  Council  shall  award  the  contract  to  the  bid- 
der whose  price  is  most  satisfactory  to  them,  but  this 
award  shall  not  be  final  until  the  successful  bidder  ha& 
presented  a  system  of  disposing  of  refuse  vegetable  and 
animal  matter,  including  dead  animals,  in  a  manner 
which  is  scientific  and  sanitary,  disposing  of  whatever  is 
injurious  to  health  and  discomforting  to  the  human  race, 
at  the  same  time  preserving  whatever  is  valuable  in  the 
material  aforesaid.  The  City  Council  reserving  the 
right  to  reject  any  and  all  bids. 

Deposit.  '^^'^'  ^^^-  (^)  "^^^^  ^^^^  bidder  prior  to  submitting 

^^-  his  bid  shall  deposit  with  the  Treasurer  the  sum  or 
twenty-five  thousand  ($25,000)  dollars  in  United  States 
currency,  shall  file  a  receipt  therefor  with  the  Comp- 
troller as  evidence  of  his  qualification  to  bid.  This  de- 
posit is  required  as  an  earnest  of  good  faith  upon  the 
part  of  all  the  bidders,  and  all  deposits  shall  be  re- 
turned to  all  unsuccessful  bidders  immediately  after 
the  final  award  by  the  Council  and  the  deposit  of  the 
successful  bidder  shall  be  retained  by  the  Comptroller 
until  the  notarial  contract  herein  provided  for  is 
signed,  and  said  deposit   shall  be  forfeited  to  the  city 


GARBAGE.  371 

of  New  Orleans,  in  case  said  adjudicatee  shall  fail  to 
enter  into  said  contract  and  furnish  the  necessary  bond. 
When  said  contract  is  signed  and  bond  given,  the  de- 
posit shall  be  returned  to  the  adjudicatee. 

Art.  771.  (3)  That  the  city  of  New  Orleans,  for  the    Districts.  ^^ 
purpose  of  collecting  and  disposing  of  all  garbage,  shall 
be   divided   into   seventeen   districts,   to   be  known   as 
Garbage  Districts,    which  districts   will   be   known   as 
follows,  to- wit: 

First — Thalia  to  Felicity  Road,  river  to  Claiborne. 

Second — Thalia  to  Julia,  river  to  Claiborne. 

Third — Julia  to  Canal,  river  to  White. 

Fourth — Canal  to  St.  Louis,  river  to  White. 

Fifth — St.  Louis  to  St.  Philip,  river  to  Broad. 

Sixth — St.  Philip  to  Esplanade,  river  to  Hagan 
avenue. 

Seventh — Esplanade  to  Elysian  Fields,  river  to 
Broad. 

Eighth — Elysian  Fields  to  Enghien,  river  to  Clai 
borne. 

Ninth — Enghien  to  Louisa,  river  to  Claiborne,  Louisa 
to  Poland,  river  to  St.  Claude. 

Tenth — Felicity  Road  to  First,  river  to  Claiborne. 

Eleventh — First  to  Toledano,  river  to  Claiborne. 

Twelfth — Toledano  to  Napoleon  avenue,  river  to 
Dryades. 

Thirteenth — Napoleon  avenue  to  Peters  avenue,  river 
to  Dryades. 

Fourtesnth — Peters  avenue  to  Lowerline  street,  river 
to  Carondelet. 

Fifteenth — Jackson  to  river,  Atlantic  avenue  to 
Powder. 

Sixteenth — Lowerline  street  to  Carrollton  avenue, 
river  to  Seventh. 

Seventeenth — Carrollton  aveune  to  Upperline  street, 
river  to  Seventh. 

The  above  territory  shall  comprise  the  limits  of  the 
garbage  districts  of  the  city  of  New  Orleans,  and  the 
provisions  of  this  ordinance  shall  apply  to  same,  except 
as  to  dead  animals,  which  shall   be  removed  by  the  con- 


Unlawful 
mix. 


372  GARBAGE. 

tractor  from   places    wherever   dairies     or   stables  are- 
located,  outside  of  said  limits. 

Garbage  de-  Art.  772.  (4)  That  the  word  ' 'garbage,"  as  used 
lb.  ill  this  ordinance,  shall  be  construed  to  mean  house 
and  kitchen  offal,  and  all  refuse  matter  not  exere-. 
mental,  whether  solid  or  liquid,  and  composed  of  ani- 
mals and  vegetable  substances,  including  dead  ani- 
mals coming  from  public  or  private  premises  of  the 
city,  and  not  destined  for  consumption  as  food.  No 
*°  ashes,  dirt,  or  other  substance  foreign  to  garbage  shall  be 
covered  by  this  contract,  except  as  hereinafter  provided, 
and  it  shall  be  unlawful  for  any  occupant  or  occu- 
pants of   any  premises  in  the  city  of  New  Orleans  to 

Penalty.  mix  any  such  ashes,  dirt,  or  other  substances  foreign  to 
garbage,  with  the  garbage  to  be  removed  from  said 
premises  as  herein  provided,  under  a  penalty  of  not  less 
than  five  nor  more  than  twenty-five  dollars  fine  for 
each  offence,  or  imprisonment  for  not  more  than  thirty 
days. 

Notice  tooc-     Art.  773.   (5)  That  the  contractor   shall   by  proper 
lb.  notice   in  writing,  issued  to   occupants  of   premises  in 
the  several   garbage  districts,  inform  the   occupant  or 
occupants  of  such  premises  of  the  hours  when   garb- 
age will   be  removed  from   said   premises,  and   it  will 
be   the   duty  of   such  occupant   or  occupants   of   such 
premises  to  have  all  garbage  ready  for  removal  there- 
ena  ty.        from  at  the  hours  so  designated  by  the  contractor  for 
snch  premises,  under  a  penalty  of  not  less  than  ten  dol- 
lars fine  or  imprisonment  for  not  more  than  ten  days 
.  for  each  offence. 

Duty  of  con-  Art.  774.  (6)  That  it  shall  be  the  duty  of  the  con- 
tractors. ^^  tractor  to  collect  and  remove  from  all  private  residences, 
business  places,  streets  and  alleys,  and  all  public  places 
within  the  limits  of  the  garbage  districts  aforesaid,  all 
slops,  offal,  garbage,  dead  animals,  in  suitable  vehicles 
or  carts,  and  other  animal  and  vegetable  matter  in  en- 
closed water-tight  metallic  vehicles  or  carts,  so  that  no 
drippings  or  refuse  can  be  dropped  on  the  streets,  alleys 
or  public  places  in  the  city,  to  a  certain  point  or  points, 
to  be  approved  by  the  City  Council,  where  the  said  con- 


lb. 


GARBAGE.  373 

tractors  shall  have  erected  on  land  owned  or  leased  by 
him,  a  first-class  plant,  including  the  necessary  build- 
ings and  machinery  for  the  destruction  by  fire,  or  the 
reduction  and  conversion  of  said  material  so  removed 
into  merchantable  products.  Said  plant  shall  have  a 
capacity  sufficient  and  ample  to  promptly  and  daily  dis- 
pose of  all  material  so  to  be  removed  and  collected  by 
said  contractor  in  the  garbage  districts  of  the  city  of 
New  Orleans  as  aforesaid.  The  vehicles  or  carts  above 
referred  to  shall  each  be  provided  with  a  gong  of  suffic-  , 

lent  size  to  be  plainly  heard  by  the  occupant  or  occu- 
pants of  the  premises,  and  said  gong  shall  be  rung  on 
the  approach  of  such  vehicle  or  cart  as  notice  to  the  oc- 
cupants of  the  approach  thereof. 

Art.  775.  (7)  That  it  shall  also  be  the  duty  of  the  street  piling 
contractor  to  remove  from  within  the  said  garbage  dis- 
tricts^ all  street  pilings  collected  by  the  Public  Works 
Department  from  gutters,  ashes,  house  and  ordinary 
street  sweepings,  but  he  shall  not  be  required  to  remove 
debris  from  buildings  in  course  of  demolition,  repair  or 
construction,  or  any  other  refuse  except  that  enumerated 
in  this  ordinance. 

Art.  776.   (8)  That  the  contractor  shall,    by   proper    occupants  of 

...-,,  a  ...       premises  to  be 

notice  in  writing,  issued  to  occupants  of  premises  m  the  informed  oi  the 

...  1      ■     n  1  hours  of  coUec- 

several  garbage  districts  named,  miorm  the  occupant  ortion. 
occupants  of  such  premises  of  the  hours  when  said  ashes 
and  house  sweepings  will  be  collected  and  removed,  and 
it  shall  be  the  duty  of  such  occupant  or  occupants  to 
have  such  house  sweepings  and  ashes  placed  in  a  box  or 
barrel  at  some  convenient  point  for  the  contractor  and 
ready  for  removal  at  the  hour  designated  by  him,  under 
a  penalty  for  each  omission  of  not  more  than  ten  dollars 
fine  or  imprisonment  for  not  more  than  ten  days. 

Art.  777.    (9)    That    the   Commissioner    of     Public    Duty  of  com- 
Works  shall   notify   the   contractor   in   writinar   of  all  Pu'bilc" works. 

,,  .  A  ■^•  t--!,  J  n  Ord.  No.  11,501, 

street  sweepings  and   pilings    which   are   ready   for  re-  c.  s. 
moval,  and  it  shall  be  the  duty  of  the  contractor,  with-      '^  •  "'  ' 
in  twelve  working  hours  after  such  notice  (unless  pre- 
vented by  bad  weather)  to  remove  all  such   sweepings 
and  pilings  so  designated,  under  forfeit  of  ten  dollars 


374  GARBAGE. 

for  every  twelve  working  hours  he  fails  to  remove  said 
designated  pilings,  said  forfeit  to  be  deducted  monthly 
from  the   amount  due  the   contractor,    in   the   manner 
herein  provided  for  similar  deductions  as  to  garbage,  in 
section  13  of  this  ordinance  as  now  amended. 
Inspection  and     Art.  778.  (10)  That  the  said  works  and  plant  shall, 
ord.  No. 7S60  at  all   times,    be   subject  to  the   inspection  and    super- 
vision of  the  Board  of  Health  of  the  State  of   Louisi- 
ana,   and    said   board   shall    have   supervision    of    the 
means  and    men  employed    in  the  collection,  removal 
and   disposition   of  said  garbage,  and   if   at   any  time 
the   said  collection   and  removal   shall    be   improperly 
done  or  not  conducted   in    a   sanitary  manner,  through 
fault   of  said  employees,   said  employee  or   employees 
shall,    on   demand  of  said   Board  of    Health,    be   dis- 
charged  by  said   contractor,   and   reliable  and   compe- 
tent men  put  in  their  places. 
To  collect     ^^'^-  ^^^-   (^^)  "^^^^  ^^^  ^^^^  contractor  shall  collect 
•^^•'y-         lb.  ^11  dead  animals  daily  and  all  slops,  garbage,  offal  and 
animal  and  vegetable  matter  in  the  city  of  New  Orleans 
daily,  from  all  private  premises,  public  grounds,  market 
places,   restaurants,  hospitals,  slaughterhouses  and  all 
other  places  where  animals,  fowls  or  game   are  killed 
within  the  aforementioned  garbage  district. 
City    to    be     Art.  780.   (12)  That  the  said  contractor   shall   hold 
protected.    ^^  ^^^  ^^^^  ^^  ]<iew  Orleans  harmless  and  free  from  all  loss, 
cost  or  damage  that  the  said  city  may  incur  on  account 
of   the   collection   of   said  slops,    offal,    garbage,   dead 
animals   and   animal   and  vegetable    matter,    and    the 
transportation   and    disposal  of  the  same  as  above  set 
forth. 
Complaint.        Art.  781.  (13)  Should  any  complaiut  of  uou-coUection 
^c.'s!°*  "'^°''  or  removal  of  garbage  be  made  to  the  Commissioner  of 
Public  Works   which,    upon   investigation,  shows   that 
garbage,  etc.,  has  not  been  removed  within  the  proper 
time,  the  said  contractor  shall,  upon  notice  by  said  Com- 
missioner of  Public  Works,  immediately  send  a  special 
wagon  to  remove  and  collect  the  same,  and  on  the  con- 
tractor's failure  to  collect  and  remove  the  said   garbage 
within  twelve  working  hours  after  said  notice,  the  said 


GARBAGE.  375 

contractor  shall  forfeit  the  sum  of  $10  for  each  and  every  Penalty. 
twelve  working  hours  that  he  fails  to  remove  said  garb- 
age, and  such  penalties  shall  be  held  and  deducted 
monthly  from  the  amount  earned  under  his  contract,  by 
eertificates  issued  to  the  Comptroller  by  said  Commis- 
sioner of  Public  Works.  In  case  said  contractor  is  ag- 
grieved by  the  said  deductions  of  said  Commissioner  of 
Public  Works,  either  by  virtue  of  the  provisions  of  sec- 
tion 9  or  section  13  of  this  ordinance,  he  may  appeal  to 
the  Council  for  relief,  but*  the  decision  by  the  Council  in 
said  matter  shall  be  conclusive  and  binding  upon  the 
contractor. 

Art.  782.  (14)  That  when  the  contractor  is  ready  tODjtyofMayor. 

;  -,  ,.  ,.  ,  1      ,,  ...       Ord.  No.  7860, 

begm  operations  under  this  ordinance  he  shall  notify  c.  s. 
the  Mayor  thereof,  and  the  Mayor  shall  thereupon  issue 
his  proclamation  to  that  effect,  notifying  the  people  of 
the  city  of  New  Orleans  to  comply  with  the  terms  of  this 
ordinance,  and  it  shall  thereupon  become  the  immediate 
duty  of  the  occupant  or  occupants  of  every  dwelling 
house  or  other  building  in  the  city  of  New  Orleans  to 
provide  a  suitable  metallic,  waterrtight,  covered  box  or 
other  covered  metallic  vessel,  in  which  said  occupant  or 
occupants  shall  cause  to  be  placed  daily  all  offal,  gar- 
bage, slops  and  refuse  animal  and  vegetable  matter  from 
the  premises,  and  shall  place  such  metallic,  water-tight,  tVghtboxes.^'' 
covered  box  or  other  metallic  covered  vessel  in  such 
place  as  will  be  most  convenient  for  said  contractor  to 
remove  same,  and  any  failure  to  comply  with  the  pro- 
visions of  said  proclamation  shall  subject  said  occupant 
or  occupants  to  fine  of  not  more  than  ten  dollars  or  im- 
prisonment for  not  less  than  ten  days  for  each  and  every 
day  they  shall  fail  to  provide  such  box  or  vessel  or  com- 
ply with  the  provisions  of  this  section. 

Art.  783.  (15)  That  after  the  proclamation  of  the  unlawful  for 
Mayor,  as  aforesaid,  it  shall  be  unlawful  for  any  other ^g^t^ljc"  '^°'' 
person  than  the  said  contractor  to  collect,  remove  or  dis-  ^^' 

pose  of  from  any  public  or  private  place,  any  garbage, 
dead  animals  or  other  matter  provided  for  in  this,  ordi- 
nance, and  any  person  violating  this  clause  or  this  or-    p  ^^^^ 
dinance  shall  be  fined  not  less  than  five  nor  more  than 


376  GARBAGE. 

twenty-five  dollars  for  each  offence,  or  shall  be  im- 
prisoned for  not  more  than  thirty  days. 
Bond.  ^^  Art.  784.  (16)  That  within  ten  days  from  the  adju- 
dication of  said  contract  by  the  City  Council,  the  con- 
tractor must  be  ready  to  sign  and  enter  into  notarial 
contract  before  the  City  Notary  and  provide  and  give  to 
the  city  of  New  Orleans  a  bond  in  the  penal  sum  of  fifty 
thousand  ($50,000)  dollars  good  and  solvent  security, 
to  be  approved  by  the  Mayor,  contingent  for  the  faithful 
performance  of  each  and  every  covenant  and  condition 
of  said  agreement,  and  any  failure  on  the  part  of  the 
contractor  to  sign  said  contract  and  give  said  bond  will 
forfeit  to  the  city  the  twenty-five  thousand  ($25,000) 
dollars  deposited  with  the  City  Treasurer  at  the  time  of 
his  bid. 
Contractor     Art.  785.  (17)  That  the  contractor  shall  be  ready  in 

hl'oneVean^^^  all  respccts  to  enter  upon  the  discharge  of  his  duties 
^^'  under  this  contract  within  one  year  from  the  date  of  the 
signing  of  said  notarial  act,  and  any  failure  on  his  part 
to  be  ready,  at  the  expiration  of  said  year  shall  subject 
him  to  a  fine  of  $100.  per  day  for  ea-ch  and  every  day 
after  the  expiration  of  said  year  that  he  fails  to  begin 
work  under  this  contract. 

Compensation.  Art.  786.  (18)  That  the  price  which  the  city  of  New 
''^'  Orleans  is  to  pay  the  said  contractor  for  the  services  to 
be  performed  under  said  contract  shall  be  divided  into 
sixty  equal  parts  for  the  first  five  years,  and  the  same 
ratio  shall  be  the  basis  of  all  payments  to  said  contractor 
for  each  succeeding  five  years,  during  the  existence  of 
this  contract,  so  that  payments  shall  be  made  monthly 
on  the  one-twelfth  principle.  Payments  shall  be  made 
to  the  said  contractor  by  warrant  of  the  Comptroller 
on  the  Treasurer  of  the  city  of  New  Orleans,  and  the 
city  of  New  Orleans  hereby  binds  and  obligates  itself 
to  appropriate  every  year  during  the  existence  of  this 
contract  in  the  annual  budget  of  receipts  and  expendi- 
tures the  sum  agreed  to  be  paid  said  contractor  each 
year. 

Art.  787.  (19)  That  all  ordinances  and  parts  of  ordi- 


GARBAGE.  377 

nances  ill  conflict  with  this  ordinance  be  and  the  same    Repealed 
are  hereby  repealed.  "        ib. 

Art.  788.  That  the  Southern  Chemical  and   Fertiliz-    Acceptance. 
ing  Company,  Limited,    the  contractor   under  the  pro-    c.s.       '    ' 
visions  of  this  ordinance,  shall  signify  its  acceptance  of 
the  provisions  and  terms  of  this  ordinance  by  act  before 
the  City  Notary,  within  ten  days  after  the  promulgation 
of  the  same. 

Art  .789.    Whereas,    in  accordance  with  the   provi- Approving  and 

adopting  sys- 

sions  of  Ordinance  No.  7860,  C.  S..  an  ordinance  provid-    tem  cf  k.  g. 

b  c  h  1  i  e  d  e  r, 

ing  for  the  collection  and  disposing  of  all  garbage,  it  is    and  accept- 
made  mandatory  before  the  final  awarding  of  the  con-  orS.  No.  Sooo, 
tract  that   the  successful   bidder  shall  submit   to    the    Aug.  29, 1893,. 
Council  a  system  or  systems  for  the  removal  and  dispos- 
ing of   refuse  vegetable  and  animal   matter,  including 
dead  animals,  in  a  manner  which  is  scientific  and  sani- 
tary; and  whereas,  E.  G.  Schlieder,  the  successful  bid- 
der, has  presented  to  the  Council,  through  the  finance 
committee,  a  system  for  the  disposal  of  same,  both  by 
cremation  and  reduction;  therefore  be  it  resolved,  that 
the  systems  presented  by  the  said  Mr.  E.  G.  Schlieder 
be  and  the  same  is  hereby  approved,  and  that  the  same 
be  made  part  of  his  contract  with  the  city  of  New  Or- 
leans. 

Art.  790.  That  the  bid  of  four  hundred  and  seventy-    saie  of  gar. 
five  dollars  ($475)  made  by  R.  J.  Whann  for  the  three    ord.  no.'9074 
city  garbage  boats  be  and  the  same  are  hereby  accepted,     Mky  i,  1S94. 
and  that  the  Commissioner  of  Public  Works  is  hereby 
requested  to  make  the  necessary  transfer  of  said  boats 
whenever  the  said  amount  is  paid  into  the  City  Treasury. 

Art.  791.  That  the  Louisiana  Construction  and  Ln- Garbage 
provement  Company  be  and  they  are  hereby  directed  to    ord. ^0**^92^09 
cut  down  the  garbage  wharves  at  Toledano,  Robert  and  ^May  15, 1894, 
Hospital  streets,  so  as  same  can  be  utilized  as  wharves 
for  the  commerce  of  this  port. 

Art.  792.  That  it  shall  be  the  duty  of  the  Commis-    putv  ofCom- 


iissioner 


sioner  of  Public  Works  to  issue  a  circular  addressed  to  Public  works. 

1       ,  ,      ,-,.,...  .  ,  Ord.  No.  9829. 

each   householder  m  this  city   instructing   him    in    his  c.  s. 
duties  in  the  preparation  of  the  garbage  ready  for  re- 
moval. 


378  GARBAGE. 

Notice.  Art.  793.  (2)  That  in  case  the  garbage  company  fails 

to  remove  the  garbage  at  the  appointed  hour,  the  house- 
holder or  any  person  shall  immediately  notify  in  writing 
the  Commissioner  of  Public  Works  of  the  non-removal 
of  said  garbage. 

Investigation  Art.  794.  (3)  That  as  soon  as  the  Commissioner  of 
lb!  Public  Works  shall  receive  the  complaint  he  shall  inves- 
tigate the  same  and  notify  the  garbage  contractor  to  re- 
move the  same. 

Duty  of  gar-      Art.  795.  (4)  That  it  shall  be  the  duty  of  the  garbage 

bage    contrac-  .   ,  T 

tor.  contractor  to  remove  said  garbage  withm  twelve  hours, 

"  in  accordance  with  their  contract,  and  to  make  due  proof 
to  the  Commissioner  of  Public  Works  that  the  complaint 
has  been  satisfied  by  producing  to  him  the  certificate  of 
the  complaining  householder  that  his  garbage  has  been 
removed,  stating  the  day  and  hour  of  removal;  and,  in 
case  said  certificate  be  not  obtainable,  the  same  may  be 
signed  by  any  occupant  of  said  premises;  and  in  case 
due  proof  be  made  to  the  Commissioner  of  Public  Works 
that  said  certificate  conld  not  be  obtained,  he  shall  exact 
from  the  contractor  such  proof  as  will  satisfy  him  that 
the  garbage  has  been  duly  removed. 
Deduction?.  Art.  796.  (5)  That  at  the  expiration  of  the  month 
^'''the  Commissioner  of  Public  Works  shall  notify  the 
Comptroller  the  number  of  unsatisfied  complaints  in  his 
office,  and  he  shall  deduct  from  the  monthly  allowance 
of  the  garbage  contractor  ten  dollars  for  each  unsatisfied 
complaint  in  accordance  with  the  terms  of  his  contract. 
Rules  and  Art.  797.  (6)  The  Commissioucr  of  PubHc  Works  is 
regulations^^  hereby  authorized  to  make  such  rules  and  regulations  as 
he  may  deem  necessary  to  enforce  the  removal  of  street 
pilings  and  the  enforcement  of  the  penalty  against  the 
garbage  contractor  for  non-removal  of  same  in  accord- 
ance with  the  terms  of  his  contract. 

Art.  798.  (7)  That  this  ordinance  shall  take  effect  from 
Take  effect.  ^^  jjud  after  its  passage. 

Art.  799.  That  it  is  hereby  made   unlawful  for  any 

piJirlTr'^di's'tnrb  pcrsou  Or  persons  to  in  any  manner  pick  over  or  disturb 

b°age cans! "eTc".  the  coutcuts  of  any  garbage,  ash,  offal  or  other  refuse 

^ord.No.i9S4j.gggp|.^(3jg^  ou  any  sidewalk,  street,    public  market   or 

June  5.  .838.  garbage  boat  or  wharf. 


GATES.  379 

Art.  800.  That  any  person  or  persons  contravening  Penalty, 
the  provisions  of  this  ordinance  shall  be  subject  to  a  fine 
ot  not  less  than  $5  or  more  than  $25,  and  in  default  of 
payment  to  imprisonment  for  not  less  th  an  ten  or  more 
than  thirty  days  at  the  discretion  of  the  Recorder  within 
whose  jurisdiction  the  offence  was  committed. 

State  vs.  Payssam,  47  An.  1029;    State  vs.  Morris,  47  An.  1660. 

GATES. 

Art.  801.  That  the  Canal  and  Claiborne  Street  Rail-Eiysian  Fields 
road  Company,  New    Orleans  City  and  Lake   Railroad  ord^  No.  10,663 
Company,  Louisville  and  Nashville  Railroad  Company,    April 30, 1895. 
Pontchartrain  Railroad  Company,  and  Southern  Pacific 
Railroad  Company  be  and  they  are  hereby  required  to 
erect,    maintain   and   operate  safety   gates   on    Elysian 
Fields  street,  as  follows : 

Art.  802.  (2)  The  New  Orleans  City  and  Lake  Railroad  Eiysian  Fields 
Company,  Louisville  and  Nashville  Railroad  Company,    and  lump'an 
Pontchartrain  Railroad  Company  and  Southern  Pacific    ^  '^^^  ^'     ib. 
Railroad  Company   are  hereby  directed  and  required  to 
erect,  maintain  and  operate  safety  gates  at  the  intersec- 
tion of  Elysian  Fields  andDauphine  streets,  and  Elysian 
Fields  and  Rampart  streets ;  the  cost  of  erection,  main- 
tenance and  operation  to  be  divided  and  paid  as  follows  : 
SO  per  cent,    by  the    Louisville   and   Nashville    Rail- 
road   Company ;    30   per  cent,    by   the   Pontchartrain 
Railroad  Company ;  30  per  cent,   by  the  New   Orleans 
City  and  Lake  Railroad  Company,  and  10  per  cent,  by 
the  Southern  Pacific  Railroad  Company. 

Art.  803.  (3)  That  the  Louisville  and  Nashville  Rail- fiiysian  Fields 
road   Company,  Pontchartrain    Railroad   Company  and    andst.ciaude 
Canal  and  Claiborne   Street  Railroad  Company  be  and 
they  are  hereby  directed  and  required  to  erect,  maintain 
and  operate  safety  gates  at  the  intersection  of  Elysian 
Fields  and  Claiborne  streets,  and  Elysian  Fields  and  St.    costs. 
Claude  streets,  the  cost   of   erection,  maintenance  and 
operation  to   be  paid   one-third  by   each   of  said  com- 
panies. 

Art.  804.  (4)  That  the  Louisville  and  Nashville  Rail- ^SviiJe!^*^' 
oad  Company,  Pontchartrain   Railroad   Company  and  "  ^^' 


380  GATES. 

the  New  Orleans  Traction  Company  be  and  they  are 
hereby  directed  and  required  to  erect,  maintain  and 
operate  gates  at  the  intersection  of  Elysian  Fields  and 
Villere  streets,  the  cost  of  erection,  maintenance,  and 
Cost.  operation  to  be   paid  one-third   by    each  of  said  com- 

panies. 

Art.  805.  (5)  That  said  gates  shall  be  erected  and  in 
Penalty.    ^^  operation  within  seventy  days  after  the  passage  of  this 
ordinance,  and   on   failing   to   erect   said  gates,  or  to 
operate  them  after  said  time,  each  of  the  above  named 
companies  in  default  shall  be  liable  to  a  fine  of   from 
five  to   twenty- five  dollars  for  each  and  every  day  that 
said  gates   are   erected   or  operated ;  or,  in  default  of 
payment  of  said  fine,  imprisonment  from  five  to  thirty 
days  at  the  discretion  of  the  Recorder  having  jurisdiction 
thereof;  that  all  ordinances  in  conflict  herewith,  or  on 
the  same  subject  matter,  be  and  they  are   hereby  re- 
pealed. 
On   Eivsian     ^^'^-  ^06.  That  for  the  better  protection  of  life  and 
phS.^R^m-P^'op^^ty  the  Louisville  &  Nashville  Railroad  Company 
and 'cuJboTn'l!  ^^  ^^^  ^^^J  ^^^  hereby  directed  to  have  gates  erected  on 
^or^d. No.  9S20.  j^lygjg^j^   Fields   street   at  the   following   intersections: 
Oct.  9, 1894.    Dauphine,  Rampart,  St.  Claude  and  Claiborne  streets. 
Art.  807.  That  the  above  named  gates  shall  be  erected 

Penalty.  ^ 

lb.  within  thirty  days  after  the  passage  of  this  ordinance, 
and  the  said  Louisville  &  Nashville  Railroad  shall  be 
liable  to  a  fine  of  $25,  and  in  default  of  payment  of  said 
fine  thirty  days'  imprisonment,  said  fine  to  be  recoverable 
before  the  Recorder  having  jurisdiction. 
.  .T  ^  «..„      Art.  808.  That  the  Louisville,  New  Orleans  &  Texas 

L.  N.  O.  &T.  ' 

R-  R.  Railway  Company  be  and  they  are  hereby  directed  and 

required  to  erect  gates  on  North  and  South  Poydras 
street,  at  the  intersections  of  Claiborne  and  Gralvez 
streets,  and  keep  flagmen  night  and  day  at  all  intersec- 
tions of  streets  from  their  depot  at  Poydras  and  Liberty 
streets  to  Galvez  street,  and  to  fence  their  tracks — ex- 
cept at  said  intersections — between  the  points  designated, 
viz. :  Depot  to  Galvez  street,  all  in  accordance  with  lines 
and  specifications  of  the  City  Engineer,  who  is  hereby 


GATES.  381 

charged  with  the  proper  carrying  out  of  the  provisions 
of  this  resolution. 

Art.  809.  That  each  and  every   steam   railroad  com-    At  aii  street 
pany  within  this  municipality  shall  cause  railroad  gates  to  o'rT'No!  4148, 
be  placed  and  operated  at  their  own  expense  at  all  street   "dJc.  3, 1889. 
crossings  intersected   by   street   railways   except  where 
they  run  along  the   centre   of  streets   one   hundred  or 
more  feet  in  width,  over  their   respective   tracks,  when 
designated  and  ordered  by   the   City   Surveyor  and  the 
Commissioner  of  Public  Works,    or  by   the   City   Sur- 
veyor and  the  Mayor,  and  that  the   same    shall  be  com- 
pleted within  the  period   of  sixty  days   after   being  so 
designated  and  ordered.     That  any  engineer,  conductor 
or  other  employee  of  a  railroad  who  shall  undertake  to 
run  a  train  under  his  control  over  any  street  crossing 
when  said  gates  are  not  closed,  shall,  upon  conviction 
before  the  Recorder  of  the  district  in  which  the  offence    ^^"**'y* 
shall  be  committed,  be  subject  to  a  fine  not  exceeding 
$25,  and  in  default  of  payment  of  the  fine,  to  imprison- 
ment for  a  period  not  exceeding  thirty  days.  ^^    e  aied 

Art.  810.  That  all  ordinances  or  parts  of  ordinances  *='*"*^-        ^^ 
conflicting  with  the  above  be  and  the  same  are  hereby 
repealed. 

Art.  811.    That  each   and    every    railroad   company    To  be  erected 
within  this  municipality,  when  required  to  erect  gates  atdlys. 

,  ,  .  -^         .•;'  ,.  ^  V     11     U  Ord.No.  7010, 

street  crossings   by   city   ordinance,    shall   have    same  c.  s. 
erected  within  sixty  days  from  th 9  promulgation  of  the       ^'^•'3. ' 
ordinance  directing  the  erection  of  said  gates. 

Art.  812.  That  any  railroad  company  violating  this 
ordinance,  shall,  upon  conviction  before  the  Recorder  of 
the  district  in  which  the  offence  shall  have  been  com- 
mitted, be  subject  to  a  fine  of  $25,  and  in  default  of 
payment  of  the  fine,  to  imprisonmsnt  for  a  period  not 
exceeding  thirty  days ;  said  fine  to  be  repeated  each  and 
every  day  that  the  ordinance  is  violated. 

Relative  to  Carkollton  Avenue  Crossing. — See  Bailroads. 


Penalty. 


382  HARBORMASTERS. 


GRAVEYARDS— See  Cemeteries. 


GOATS— See  Animals,  Etc. 


GLOVE  CONTESTS— See  Amusements. 


GROUND  RENTS. 
Ground  rent  Art.  813.  (1)  That  all  persons  holdiug  property  withm 
Ord.  N0.643.  the  city  of  New  Orleans,  subject  to  ground  rent,  payable 
to  the  city  at  the  rate  of  6  per  cent,  per  annum  upon  the 
capital  debt  secured  by  said  property,  be  and  they  are 
hereby  permitted  to  release  themselves  from  such  ground 
rent  by  full  payment  of  the  same,  and  of  the  capital 
thereof,  into  the  treasury. 
Mortgages.  Art.  814.  (2)  That  the  Mayor  be  authorized  to  raise 
any  mortgage  held  by  the  city  upon  property  as  above 
described,  upon  the  exhibition  of  the  City  Treasurer's 
receipt  or  certificate,  showing  that  the  payment  required 
by  the  foregoing  resolution  has  been  made. 


GUNPOWDER^ — See  Combustibles  and    Explosives. 


lb. 


GUTTERS — See  Streets,  Sidewalks,  Etc. 


HARBORMASTERS— BOARD  OF. 
See  Master  and  Wardens. 

ACT  OF  THE   LEGISLATURE. 


Governor  and  ^^^  Governor  shall  nominate,  and,  by  and  with  the  advice  and 
Senatetonomi- consent  of  the  Senate,  appoint  five  harbormasters,  who  shall 
masters,  to  con- constitute  and  be  known  as  the  Board  of  Harbormasters  for  the 
Ha"b^r^^'^f ''^P'^^'  of  Xew  Orleans, and whose  terra  of  office  shall  be  two  years; 
Term  of       •     provided,  however,  that  the  Governor  shall  have  the  power  to  re- 

Pow  r  of  th  "^^^^  from  office  any  of  said  harbormasters,  upon  satisfactory 
Governor  to  re-  proof  made  to  him  of  negligence,  incapacity  or  official  miscon- 

move  said  Har-  , 
bermasters  uUCt. 

Bond  and  se-      Each  of  Said  harbormasters  shall   give  bond,  payable   to  the 
cur  ity  to  be  Govemor  and  his  successors  in  office,  with  sufficient  sureties,  in 
f or^asters. "  the  penal  sum  of  twenty-five  hundred  dollars,  conditioned  for 
the  faithful  performance  of  the  duties  required  of  him  by  law. 


HARBORMASTERS.  383 

Said    harbormasters,    under  the  rules  and  regula  ions  to   be       Duties  and 
established  by  the  board,  shall  have  authority  to  regulate  and  bormacurs'^'^ 
station  all  vessels  in  the  stream  of  the  river  Mississippi,  within  the 
limits  of  the  port  of  New  Orleans,  and  at  the  levees  thereof,  and 
remove  from  time  to  time  such  vessels  as  are  not  employed  in  re- 
ceiving and  discharging  their  cargoes,  to  make  room  for  such 
others  as  require  to  be  more  immediately  accommodated,  for  the 
purpose  of  receiving  or  discharging  their  cargoes;  and  as  to  the 
fact  of  any  vessel  being  fairly  and  bona  fide  employed  in  receiving 
and  discharging,  the  said   harbormasters  are  constituted  the  sole     Penalty  f  o  r 
judges.      And  further,  the  harbormasters  shall  have  authority  to  opposing  Har- 
determine  how  far  and  in  what  instances  it  is  the  duty  of  the  t  hT^peHorm" 
master     and    others    having    charge    of    ships    and    vessels   to  ^^^^g  °'    ^^^^^ 
accommodate  each  other  in  their  respective  situations;  and  if  any 
master  or  other  person  shall  oppose  or  resist  any  harbormaster 
m  the  execution  of  the  duties  of  his  office,  he  shall,  for  each 
offence,  forfeit  and  pay  the  penal  sum  of  fifty  dollars,  to  be  sued 
for  by  the  treasurer  of  the  Charity  Hospital  of  the  city  of  Xew  grie"ed"^m  a  y 
Orleans,  for  the  use  of  s  .id  hospital;  provided,  however,  that  if  l^^^d^  ^  '     *  ° 
any  person  shall  consider  himself  aggrieved  by  the  decision  of 
any  individual  harbormaster,  he  shall  be  at  liberty  to  appeal  to 
the  board,  and  their  concurrence  shall  be  given  thereto  before 
such  decision  is  carried  into  effect. 

Act  No.  195,  p.  206,  of  1856. 

The  board  of  harbormasters  for  the  port  of  New  Orleans  shall 
hereafter  have  only  the  right  to  demand  and  receive  from  go^/j  ^f"  jj^yf 
the  commanders,  owners,  consignees  and  agents,  or  either  of  ^o; masters  for 
them,  of  every  vessel  that  may  enter  the  port  of  New  Orleans  and  Orlean^7 
load,  unload,  or  make  fast  to  the  levees  within  the  said  limits  of 
the  port  of  New  Orleans,  the  following  fees,  viz. :  For  every 
steamship,  except  steamships  running  to  Texas  and  Gulf  ports, 
twenty  dollars;  for  every  steamship  running  to  Texas  and  Gulf 
ports  ten  dollars,  for  ^every  ship  twenty  dollars,  every  bark' 
fifteen  dollars;  every  brig  and  three-masted  schooner,  ten  dol- 
lars; every  other  schooner,  two  dollars  and  fifty  cents.  This 
shall  not  extend  to  the  chalands,  flats,  keelboats,  steamboats,  or 
other  vessels  which  are  employed  in  the  river  trade 
unless  upon  the  application  of  the  person  having  charge 
of  such  chaland  or  other  vessels  employed.  The  harbor- 
master shall  interfere  and  adjust  any  difference  respecting  the 
situation  or  position  of  such  chaland  or  boat,  which  difference 
the  harbormasters  are  authorized  to  hear  and  determine,  in  which 
case  they  may  demand  and  receive  from  the  party  in  default  in 
the  premises  the  sum  of  two  dollars  for  every  difference  so  ad- 
justed, and  no  more. 

Act  No.  64.  p.  104,  of  1877,  E.  S. 

It  shall  be  the  duty  of  the  said  harbormasters  to  superintend 


384  HATCHWAYS  AND  OPENINGS. 

Further  du-  and  enforce  all  laws  of  this  State,  and  all  laws  of  the  city  of  Xew 
m^asters^*^^""^  Orleans,  for  the  preventing  and  removing  of  all  nuisances  what- 
soever in  or  upon  the  levee  of  the  city. 
Office   to  be      The  Said  board  of  harbormasters  shall  keep  an  office  in  a  cen- 
kept  by  them.  ^-^^^  part  of  the  city,  and  may  appoint  such  clerks  and  deputies  as 
they  think  proper;  but  the  deputies  and  clerks  shall  take  an  oath 
«nd  deputies,     to  perform  truly  and  faithfully  the  duties  imposed  on  the  harbor- 
masters, and  deputies,  and  the  said   harbormasters  shall   be  re- 
sponsible for  their  acts. 
Certain  laws      Sec.  8.  That  all  laws  contrary  to  the  provisions  of  this  act.  and 
repealed.  ^^  j^^^g  ^^  ^^le  game  subject  matter,  except  what  is  contained  in 

the  Civil  Code  and  Code  of  Practice,  be  and  the  same  are  hereby 
repealed. 

Act  No.  195,  p.  206,  of  1856. 

Three  cents      The  rate  of  three  cents  per  ton,  to  be  computed  from  the  ton- 
vesse/^iilpay!  ^^S^  expressed  in  the  register  of  said  vessel,  respectively,  and  no 
more.     This  shall  not  [extend  to  the  chalands,  flats,  keelboats, 
river  trade  ex- Steamboats    Or  Other  vessels  which  are   employed   in   the  river 
cepted.  trade,  unless  upon  the  application  of  the  person  having  charge 

Port  Guardian  ^^  ^"^'^  chaland,  flat,  keelboat,  steamboat  or  other  vessel  so  em- 
to  decide  all  ployed.  The  harbormasters  shall  interfere  and  adjust  any  dif- 
receive|2.ooforference  respecting  the  situation  or  position  of  such  flat  or  boat, 
*  ^^.""y  ^''j"®'"  which  difference  the  harbormasters  are  authorized  to  hear  and 

ment. 

determine;  in  which  case  they  may  demand  and  receive,  from 
the  party  in  default  in  the  premises,  the  sum  of  two  dollars  for 
every  diffence  so  adjusted  and  no  more. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  this  act  shall  take  effect 
from  and  after  its  passage. 

Acts  approved  December  31,  1864,  p,  30,  No.  18. 

For  Decisions  of  Supreme  Court  see  "Master  and  Port  War- 
dens," 
Acts  No.  2  and  No.  64  of  1877,  E.  S.,  fixing  fees. 


HATCHWAYS   AND    OPENINGS. 


To  be  closed 


Ord.No.6s3i  Art.  815.  The  occupant  or  occupants  of  any  store, 
^■juiy  5,  1892.  storehouse,  manufactory  or  other  buildings,  in  which 
hatchways  or  hoistways,  or  openings  of  any  kind,  ex- 
cept the  usual  stairways  are  used  throughout  any  or 
either  floor  thereof,  or  in  case  the  said  building  or 
buildings  are  unoccupied  and  not  leased,  the  owner  or 
owners  thereof,  and  in  case  they  are  leased,  the  lessee 
or  lessees  thereof,  shall  cau-e  the  said  hatch,  hoistways 
or  other  openings  to  remain  closed  or  protected  by  a 
railing   at  least  three  feet  (3)  high,  and  to  be  opened 


HEALTH  AND  QUARANTINE.  385 

•only  when  needed  for  the  passage  of  merchandise,  and 
the  said  owner,  lessee  or  agent  shall  cause  the  same  to 
be  securely  shut,  closed  and  fastened  at  the  close  of 
■esLdh  day. 


HAY  INSPECTION. 
Repealed  by  Act  111  op  1888,  p.  175. 


HEALTH  AND  QUARANTINE. 

Inspection  of  Food — See  Barrooms  and  Restaurants. 

Art.  816.  That  no  person  shall  bring  or  cause  to  be     introduction 
brought  into  the  limits  of  the  city  of  New  Orleans  any  °*j„'nr.'879? 
hides,  bones,  peltry,  rags  or  other  articles   whatsoever    ^'    '  ^"" 
which  may  tend  to  produce  infection,  or  in  any  way  to 
injure  or  endanger  health. 

Art.  817.  No  person  shall  sell,  or  offer  or  expose  for  saie  of  putrid 
sale  in  public  or  private  any  blown,  stale,  decaying,  pu- ub*es',  eic5  ^  ' 
trid,  rotten  or  unwholesome  provisions,  vegetables, 
fruits  or  tainted  meats  or  fish,  or  any  impure  or  unsound 
food,  or  any  drink  liable  to  be  injurious  to  health,  or  the 
flesh  of  any  animal  that  has  died  of  disease  or  which 
was  diseased  when  killed. 

Art.  818.  That  whoever  shall  violate  the  provisions    penalty. 
of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed  ^.'s^.''"  ^°'  "^^^ 
twenty-five  dollars,  or  imprisoned  in  the  parish  prison    ^'=*=-  '^'  '^^o- 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
oned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  the  payment  of  the  fine,  to  be 
imposed   by   the   Recorder  of   the  district  wherein  the 
offence  is  committed  ;  provided,  that  the  fine  shall  not 
exceed  twenty- five  dollars  for  each  offence  nor  the  im- 
prisonment more  than  thirty  days. 

Art.  819.  No  person  shall  adulterate  or  cause  to  be  Adulterated 
adulterated  any  substance  intended  for  food  or  any  ^'^,''j  j^^.  550.^ 
liquor  intended  for  drink,  or  any  drug  or  medicine ;  or  ^^"^-  '♦'  ■^'* 
shall  offer  for  sale  any  such  adulterated  article. 

Art.  820.  No  person  shall  sell,  or  offer  for  sale  any  ^ord°  No°(k»"', 
poisonous  drugs,  medicines  or  chemicals,  except  on  the'^june,  1S79. 


386  HEALTH  AND  QUARANTINE. 


the  receptacle  or  package   containing   such   poisonous, 
drug,    medicine  or  chemical   be   marked    "poison"    in 
plain  and  conspicuous  characters. 
Governint,'      Art.  821.    No  distillcr,  brcwcr  Or  keeper  of  auj  work- 

s  o  a  p    boiIer.=. 
etc.,   in    regard 


shop,  manufactory  or  laboratory,  or  warehouse-keeper, 
or''off'l"nsiTe^^  ^^^^^'  o^  soap-boilcr,  chandler  or  any  other  person 
matier.       ^^  shall  havc,   keep  or  use,    produce  or  store,  within   the 
limits  of  New  Orleans,  foul,  fetid,  putrid  or  offensive 
or  injurious  matters,  substances,  odors  or  vapors  liable 
to   injure   health,    and  on  complaint   of  the   Board   of 
Health,  unless  the  evil  complained  of  be  at  once  discon- 
tinued, the.  Administrator  of  Police   shall  order   such 
places  to  be  forthwith  closed,  and  such  business  stopped, 
the  continuance  of  which  is  liable  to  injure  health. 
Art.  822.  No  person  shall  sell  or  offer  for  sale  any 
Sale  of  adui- unwholesome,  watered   or   adulterated   milk,    or   milk 
lb.  known  as  swill  milk,  or  milk   from  cows  fed  on  swill, 
garbage  or  other  unhealthful  matters,   or  any  butter  or 
cheese  made  from  any  such  milk,  or  any  unwholesome 
butter  or  cheese. 

Art  .823.  That  whoever  shall  violate  the  provisions  of 

Penalty, 

Ord.  No.' 4966,  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
Dec.  16.1890.  twenty-five  dollars,  or  imprisonment  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
oned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  District  wherein  the  offence 
is  committed ;  provided,  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence,  nor  the  imprison- 
ment more  than  thirty  days. 

Art.  824.  That  the  standard  by  which  the   adultera- 

Standard   of  "^ 

milk.  tion  of  milk  shall   be  determined,  under  Ordinance  No. 

Otd.  No.  6;c6, 

c.s.  6022  A.   S.,  adopted  June,  1879,   shall  be  as  follows: 

Aug.  2,  1S92.  7  r-  '7 

Normal  or  pure  milk  shall  be  considered  to  be  such 
milk  as  will  upon  the  test  thereof  be  found  to  possess  a 
minimum  specific  gravity,  actual  density  of  (1.029)  one 
thousand  and  twenty-nine  at  sixty  degrees  Fahrenheit 
(60  deg.  F.),  and  shall  contain  not  less  than  thirteen 
(13)  parts  of  total  solids  in  one  hundred  parts  of  milk,  as 


HEALTH  AND  QUARANTINE.  387 

follo\7S:  Butter  fat  (3}^)  three  and  one-half  per  cen- 
tum, solids  not  fat  (9>2)  nine  and  one-half  per  centum, 
and  water  not  more  than  (87)  eighty-seven  per  centum. 

Art.  825.  That  anv  milk  falling  below  the  test  above  ,  Adulteration 

^  denned. 

prescribed,  or  any  milk  from  which  the  cream  has  been  i^'- 

removed,  or  to  which  water,  foreign  fat^,  coloring  mat- 
ter, or  any  other  foreign  or  extraneous  substance  has 
been  added,  shall  be  considered  as  adulterated  under 
said  ordinance. 

Art.  826.  That   every  vendor   or   establishment,    or,  sam  ie<tobe 

•^  '  furnished    on 

person  who  sells  milk,  shall  be  obliged  to  furnish  to  any  »pp''cation.  ^^ 
sanitary  officer  or  inspector  of  the  Board  of  Health  of 
the  State  for  inspection  and  analysis,  on  application 
therefor,  a  sample  of  the  milk  sold  by  said  vendor  or 
establishment  or  person  from  the  can  or  other  vessel 
from  which  it  is  sold  to  the  public  said  sample  shall  not 
exceed  one-half  pint,  and  there  shall  be  no  charge  there- 
for. 

Art.  827.  That  any  person  who  shall  be  found  guilty  Penalty. 
of  selling  milk  below  the  standard  nereinbefore  fixed, 
or  otherwise  adulterated  or  modified  as  provided  under 
section  2  of  this  ordinance,  or  refusing  to  furnish  the 
sample  as  hereinbefore  provided,  shall  be  subject  to  a 
fine  of  not  more  than  twenty-five  dollars  for  each  and 
every  offence,  and  in  default  of  payment  thereof  to  im- 
prisonment in  the  parish  prison  for  a  period  of  not  over 
thirty  days.  Said  fine  or  imprisonment  to  be  enforced 
by  any  court  of  competent  jurisdiction  within  the  cor- 
porate   limits  of  the  city  of  New  Orleans. 

Art.  828.  (1)  Whoever  by  himself  or  his  servant,  or    Unlawful  to 

.,  ,  if.  ,1  ,,  sell      skimmed 

as  the  servant  or  agent  of  any  other  person,  sells,  ex-miik. 
changes  or  delivers,  or  has  in  his  custody  or  possession  c.  s.'    °"^  ^^'' 
with  intent  to  sell  or  exchange,  or  expose  or   offer  for     "*  ^  ^^' '  ^' 
sale  as  pure  milk  any  milk  from  which  the  cream  or  any 
part  thereof  has  been  removed,  shall  be  fined  not  more 
than  twenty-five  ($25)  dollars  or  be  imprisoned  in  the 
parish  jail  not  more  than  ten  (10)  days  for  each  and 
every  offence. 

Art.  829.   (2)  No  dealer  in  milk,  and  no  servant  or 
agent  of  such  a  dealer,  shall  sell,  exchange  or  deliver, 


^88  HEALTH   AND   QUARANTINE. 

^sk'!  mm^'/d^^  ^^^^  ill  liis  custody  or  possession  with  intent  to. sell, 
'"'^•'-  j^  exchange  or  deliver,  milk  from  which  the  cream  or  part 
of  the  cream  has  been  removed,  unless  in  a  conspicuous 
place  above  the  centre  Upon  the  outside  of  every  vessel, 
can  or  package  from  which  or  in  which  such  milk  is  sold, 
the  words  "Skimmed  Milk"  are  distinctly  marked  in 
uncondensed  Gothic  letters,  not  less  than  one  inch  in 
length.  Whoever  violates  the  provisions  of  this  section 
shall  be  punished  by  the  penalties  provided  in  the  fore- 
going section  1, 
Vehicles  to  Art.  830.  (3)  That  auy  pcrsou  offcrlug  milk  for Sale 
lb.  from  a  cart,  wagon  or  other  vehicle  shall  be  required  to 
have  painted  on  both  sides  thereof  in  uncondensed 
Gothic  letters  at  least  three  inches  in  length  the  location 
of  the  dairy  from  which  the  milk  is  obtained,  the  name 
of  the  proprietor  thereof ;  if  a  street,  the  u umber,  and 
if  a  road  or  a  place  outside  the  city  limits,  a  proper 
designation  thereof.  Any  person  failing  to  do  so  shall 
be  punished  as  provided  in  section  1. 

To  take  effect.  Art.  831.  (4)  Tlus  Ordinance  shall  be  in  full  force 
and  effect  ten  days  after  publication  in  the  official 
journal. 

■Carrying water.     Art.  832.  That  uo  vcudor  of  milk  in  the  public  streets 

Ord.  No.  75S4.  ^ 

■c.  s.  and  places  shall  place  within,  or  carrv,  or  have,  in  or 

Mav  16,  1S93.  ^  ^  7  .,  7  7 

about  the  vehicle  in  which  milk  shall  be  carried  or  kept 
for  sale,  or  from  which  it  is  sold,  or  have  in  any  can  or 
vessel  carried  by  hand  at  the  same  time  as  milk  is  simi- 
larly carried  for  sale,  any  water  or  liquid  of  any  de- 
scription other  than  milk  or  cream. 
Penalty.  Art.  833.  That    each    and    every    person    offending 

against,  or  contravening  the  provisions  of  this  ordinance, 
shall  be  arrested  and   fined   not  exceeding  twenty-five 
dollars  for   each   offence,  and   in   default   of  payment 
thereof,  be  imprisoned  in  the  parish  prison  not  exceed- 
ing thirty  days.     Said  fine  or  imprisonment  to  be  en- 
forced by  any  court  of  competent  jurisdiction  within  the 
corporate  limits  of  the  city  of  New  Orleans, 
of'^'in  o'f aTseT     ^^'^-  ^^^-  "^^^^  ^^  shall  bc  unlawful  for  any  person  or 
Ord 'no'To  c86  persons  to  adulterate  or  cause  to   be   adulterated,  any 
Dec"  u  1S9   molasses,  syrup   or  other   liquid  or   saccharine  matter 


HEALTH   AND   QUARANTINE.  389^ 

with  zinc,  tin,  or  any  other  chemical   injurious  or  dele- 
terious to  public  health. 

Art.  835.  That  it  shall  be  unlawful  for  any  person  or  Employment  of 

pe  rs  ons  lo 

persons  to  engage,  employ  or  hire  any  one  to  adulterate    adulterate. 
any  molasses,  syrup,  or  other  liquid  or  saccharine  mat- 
ter, -v^ith  zinc,  tin  or  other  chemical  deleterious  and  in- 
jurious to  public  health. 

Art.  836.  (3)  That  it  shall  be  unlawful  for  any  per-    seiim  g  or 

^     '  ./IT  causing    to    be 

son  or  persons  to  sell,  cause  to  be  sold,  buy  or  cause  to  soid- 
be   bought,  to  dispose  of,  or  cause  to  be   disposed,  in 
any  way  or  manner  any  molasses,  syrup,  or  any  liquid, 
or  saccharine  matter j  adulterated  with  zinc,  tin,  or  any 
other  chemical  injurious  or  deleterious  to  public  health. 

Art.  837.  (4)  That  the  party  or  parties  arresting  or     informer  to 
causing  to  be  arrested  any  person  or  persons  violating  ha^f 'Jf*^fine?  *" 
this  ordinance  or  any  section  thereof  shall  receive  one- 
half  of  the  fine  imposed  by  the  Recorder. 

Art.  838.  (5)  That  any  person  or  persons  violating  Penalty. 
any  section  of  this  ordinance  shall  be  fined  not  less  than 
ten  dollars  fine  or  twenty  days'  imprisonment  in  the 
parish  prison,  and  not  more  than  twenty-five  dollars 
($25)  fine  or  thirty  days'  imprisonment  in  the  parish 
prison  for  each  and  every  oifence.  Said  fine  or  im- 
prisonment to  be  imposed  by  the  Recorder  in  whose  dis- 
trict the  said  violation  occurs. 

Art.  839.  (6)  That  all  ordinances  or  parts  of  ordi-        Repealing 
nances  in  conflict  with  or  inconsistent  with  the  provi-  '^''^"^^• 
sions  of  this  article  be  and  the  same  are  hereby  repealed, 
and  this  ordinance  shall  take  effect  from  and  after  this 
passage. 

Art.  840.  No  person  shall  keep,  throw  or  deposit  any     Keeping  or 
offal,  filth,  foul  or  offensive   matter,    corrupt  or  putrid  mauIr"^offrn^ 
matter,  or  any  shells,  hay,   straw,   kitchen  stuff,  paper,  ous"  to  hlauh 
cloth,  vegetable  matter,  or  any  substance  whatever  that  liTt^wayf etc'.'^'*' 
may  be  offensive  to    smell,    or   injurious   to  health,    or  a.'^J.''' ^°"  ^"' 
liable  to  become  so,  in  any  yard,  lot,  space  or  building, 
sidewalk,  gutter,   drain  or  canal,    or   shall   permit  the 
same  to  be   done   or  remain ;    provided,    that   ordinary 
refuse  and  sweepings  from  stores,  dwelling-houses  and 
other  tenements,  and  kitchen  offal,    shall  be   deposited 


390  HEALTH  AND   QUARANTINE. 

iu  tubs,  boxes,  barrels,  or  other  suitable  receptacles, 
and  be  placed  on  the  outside  of  the  banquettes,  con- 
venient for  removal  by  the  offal  carts ;  and  provided, 
that  from  the  fifteenth  of  March  to  the  fifteenth  of 
October  of  each  year,  such  deposits  shall  be  made  not 
earlier  than  3  o'clock  a.  m.,  nor  later  than  7  o'clock  a.  >i., 
and  from  the  sixteenth  of  October  to  the  fourteenth  of 
March,  inclusive,  such  deposits  shall  be  made  not  earlier 
than  3  o'clock  a.  m.,  nor  later  than  8  o'clock  a.  m.,  and 
the  receptacles  as  above  shall  not  be  left  on  the  ban- 
quettes later  than  9 :30  a.  m,  throughout  the  j^ear. 
All  persons  who  are  obligated  by  law  or  contract  to  re- 
move or  cause  to  be  removed,  all  such  matters,  sub- 
stances or  things,  shall  attend  to  these  duties  before  the 
hour  of  9  o'clock  a.  m.  on  each  day  of  the  year. 
Administrator  Art.  841.  Thc  Administrator  of  Police  shall,  upon 
cause  removal  complaiut  of  the  Board  of  Health,  remove  or  cause  to  be 

of  all  offensive  ^        ^  „        ,  «.  • 

matter.  rcmoved  any  foul  or  offensive  matters  whatever,  to  such 

place  or  places  as  may  be  selected  by  said  board,  at  the 
expense  of  the  owner  of  said  matter,  or  the  occupant  or 
owner  of  the  premises  where  the  same  may  be. 
Cleanliness     Art.  842.  All  slaughtcrhouses,  dairies,  stables  and 
houses,  stable?,  other  placcs   whcre  animals   are  kept  for  any  purpose 
lb.  whatever,    shall  be   kept  clean  and  wholesome  by  re- 
moval of  all  ordure,  urine  and  other  offensive  matters, 
and  by  suitable  cleansing  as  often  as  may  be  necessary. 
Obstructing     Art.  843.  No   pcrsou   shall   impede  or  obstruct  the 
wat*er.  " ''  °    flow  of  watcr  in  any  gutter,  canal,  pipe  or  other  conduit 
used  for  draining  within  the  limits  of  New  Orleans. 
Unlawful   to     Art.  844.  That   it   shall  be  a  misdemeanor  for  any 

make     excava-  ..  j^-  j^  i 

t  i  o  n  s ,    etc.,  person  or  persons,  corporation  or  corporations,  to  make 
periofs.  *^^"'^'"  any  excavation  in  the  soil,  grade  or  open  any  street,  dig 
c.  s'  ■    °*  ^^"^  out  or  clean  out  any  canal,  within  the  limits  of  the  city  of 
9,  i8  s-  j^g^   Orleans,  from  the  1st  day  of  May  until  the  15th 
day  of  October  of  each  year,    unless  permission  shall 
have  been  obtained  by  the  Board  of  Health  for  such  ex- 
cavation, grading  or  digging. 
Shall  not  ap-     Art.   845.  This  act   shall   not   apply  to  excavations 
■cases?  *^*"''^'"  necessarily  made  to  secure  proper  foundations  for  build- 
■  ings  to  be  erected,  provided  the  contractor  or  owners  of 


HEALTH   AND    QUARANTINE.  391 

such  building,  separately  or  conjointly,  shall  cause  to 
be  used  such  disinfectants  and  in  such  quantities  over 
and  about  the  excavated  material  as  the  Board  of  Health 
may  direct. 

A.RT.  846.  Any  person  or  persons  violating  any  of    Penalty. 
the   provisions  of  this  ordinance  shall  be  fined  a  sum 
not  less  than  $10  or  be  imprisoned  a  period  of  not  less 
than   ten  days,   or  both,  at  the  discretion  of  the  court 
having  competent  jurisdiction. 

Art.  847.  No  person  shall  deposit  or  dump  manure,    Dumpinpr  of 
offal  or  other  foul  and  offensive  matters  on  any  lots,  en-    ord.  No.  6322 

A.  S 

closure,  open  areas  or  streets ;  provided,  that  the  City 
Council  shall  designate  certain  localities  to  be  used  as 
dumping  grounds  for  such  matters,  or  direct  such  mat- 
ters to  be  burned,  when  practicable. 

Art.  848.  No  person  shall  build  upon  any  lot  or  por-  BuiinmK  lois 
tion  of  ground  in  the  city  of  New  Orleans  without  first  juw,  iss.'. 
having  obtained  from  the  City  Surveyor  a  certificate 
stating  that  said  lot  or  portion  of  ground  is  filled  to  a 
grade  established  by  him,  which  grade  shall  be  from  an 
established  curb  one-half  an  inch  for  every  foot  in  width 
of  banquette,  front  edge  of  lot  or  portion  of  ground  two 
inches  higher  than  inner  edge  of  banquette  and  surface 
of  a  lot  or  portion  of  ground  gradually  ascending  in 
grade  three-quarters  of  an  inch  to  every  ten  feet  to  the 
rear. 

Art.  849.  All  persons,    owners,   agents,  contractors,    Permits  to 
before  commencing  to  build,  shall  be  required  to  obtain    "    '         ib. 
from  the  Board  of  Health  permits,  which  shall  be  given 
only  upon  the  presentation  of  the  herein  mentioned  cer- 
tificate from  the  City  Surveyor. 

Art.  850.  Allbuildings  erected,  and  those  whose  super-  House  suk^ 
structure  or  frames  are  repaired  after  this  date,  shall 
not  have  the  lower  surfaces  of  their  sills  less  than  three 
feet  from  the  surface  of  the  ground,  and  a  healthy  sup-  water  supp^ig. 
ply  of  water  of  not  less  than  five  hundred  gallons  per 
room  of  building,  compliance  to  which  shall  be  known 
by  certificate  from  the  City  Surveyor. 

Art.  851.  The  Board  of  Health  may,  in  its  discretion, 
for  the  protection  of  life  and  health,  declare  any  struct- 


392  HEALTH   AND   QUARANTINE. 

be^decfi?e^cfun°^^®  ^^  place  Unhealthy,  and   may  order  such  structure 
inhabitable,      or  placc  forthwith  to  be  vacated    and   closed  :    and   the 

June,  1879.  ^  ' 

A.  S.6022.      same  shall  not  again  be  occupied  until  it  shall  appear  to 
have  been  so  cleansed  or  repaired  as  to  be  fit  for  human 
habitation,  and  permission  shall   have  been  granted  ac- 
cordingly by  the  Board  of  Health. 
Water  supply.      Art,  852.  All  owucrs  and  agcuts  of  dwelling  houses 
shall   provide   that  the  same   be   amply  supplied  with 
hydrant  water,  or  with  a  cistern  or  cisterns  having  a  suit- 
able capacity,  except  in  cases  where  a  supply  of  river 
water  is  easily  accessible, 
coveis  t  o  r     Art.  853.  All  owucrs  of  premises  and  cistern  builders, 
lb.  in  the  erection  of  cisterns  for  drinking  and  culinary  pur- 
poses, shall  provide  suitable  covers  for  said  cisterns,  so 
as  to  exclude  dust  and  other  matters  suspended  in  the 
atmosphere. 
Committing     Art.  854.  No  pcrson  shall  commit  a  nuisance  in  any 
nuisances.       public  strcct,  squarc  or  other  place  whereby  the  purity 
of  the  atmosphere  is  liable  to  suffer. 
Throwing  in      Art.  855.  No  pcrsou  shall  hereafter  deposit  or  throw 
^  ^^^^''     lb.  any  dead  animal,  carrion  or  other  offensive  or  unhealthy 
matter  into   the  river,  except  at  the  points  and  in  the 
manner  designated  by  law. 
Fees  for  per-      Art.  856.  The  fccs  for  permits  issued  bv  the  Board  of 
^^-  Health  shall  be  as  follows :     Building  permits,  twenty- 
five  cents  each ;  permit  for  opening  a  cemetery  vault, 
twenty-five  cents ;  permit  for  bringing  a  corpse  into  the 
city,    twenty-five  cents ;  permit  for  the   removal   of  a 
corpse   from   the   city,    twenty-five  cents ;    permit   for 
emptying  a  privy  vault,  twenty-five  cents. 
,  .  Art.  857.  All  citizens  are  hereby  authorized  to  lodge 

Complaints.  "^  ° 

^^-  complaints  at  the  office  of  the  Board  of  Health,  or  with 
the  Sanitary  Inspectors,  or  with  the  sanitary  police  offi- 
cers, of  any  violation  of  this  ordinance ;  and  in  order  to 
facilitate  such  complaints,  books  of  complaint  shall  be 
kept  at  the  office  of  the  Board  of  Health,  and  at  the 
office  of  each  Sanitary  Inspector,  and  said  books  shall  be 
at  all  times  open  for  entering  therein  any  complaint  or 
wrong. 

Art.  858.  No  person  shall  wilfully  obstruct,  hinder  or 


HEALTH   AND   QUARANTINE. 


393 


resist  any  officer  or  person,  duly  authorized  by  the  Board  ^^^|/Jst'"s 
of  Health,  in  the  execution  or  enforcement  of  any  sani-    ;jv""|; ^oJ2.' 
tary  ordinance  or  order  of  said  board,  or  in  entering 
into  or  upon  any  premises  for  the  purpose  of  examining 
the  same. 

Art.  859.  The  penalty  for  each  violation  of  any  sec-    Penalty 

r  •'  ^  July,  ibSi. 

tion  or  portion  of  this  ordinance  shall  be  a  fine  of  not  a.  s.  720s. 
less  than  twenty-five  dollars,  and  five  dollars  for  each 
day  subsequent  to  the  third  day  of  notification  of  vio- 
lation, until  in  strict  accord  with  this  ordinance;  said 
fines  shall  be  inflicted  and  collected  by  the  Recorder, 
justice  of  the  peace  or  police  magistrate  of  the  district 
wherein  any  such  violation  has  been  committed,  and  it 
shall  be  the  duty  of  the  police  authorities,  the  City  Sur- 
veyor and  Board  of  Health,  to  place  all  such  violations 
before  the  recorders,  justices  of  the  peace  or  police 
magistrates  aforesaid. 

Art.  860.  That  no  person  shall  sell  or  offer  for  sale      Adulterated 
in  the  city   limits  any  article  of  food   and  sustenance,  °'^^iu^nelX.°^* 
knowing  the  same  to  be   adulterated,    tainted,    stale,  or    ^■'^•^szi- 
in  a  condition   of    decomposition   or   unfit   for  human 
food. 

Art.  861.  That  to  prevent  meat  being  sold  in  an  un- ^^ ^ J^J'^^p^'^tion 
healthy  condition,  no  person  or  persons,  or  corporation,  ^^' 

shall  slaughter  for  human  food  and  offer  for  sale  in  this 
city,  until  previously  inspected,  any  cattle,  hogs  or  sheep. 

Art.  862.  That  no  person  or  persons,  railways,  steam-     Landing  of 
ships,  steamboats,  water  and   other  craft,  or  common  ^  ib! 

carriers,  shall  discharge  or  land  at  any  of  the  depots, 
wharves  or  landings  within  the  city  any  cattle,  swine  or 
sheep,  forwarded  through  them  or  shipped  on  their  ac- 
count, when  the  same  is  known  to  be  in  a  diseased  con- 
dition. 

Art.  863.  That  any  persons  or  corporation,  violating  Penalty. 
any  of  the  provisions  of  this  ordinance,  shall  be  fined  for 
the  first  offence  not  les- than  fifteen  dollars  and  im- 
prisonment at  the  discretion  of  the  Recorder  not  more 
than  ten  days,  and  for  the  second  and  subsequent  offences 
not  more  than  $25,  and  imprisonment  not  over  thirty 
days. 


394  HEALTH   AND   QUARANTINE. 

Dead  animals     Art.  864.  Aiiv  Dersoii  who  shall  hereafter  throw  dead 

in  the  river.  -^    ^ 

n"s  2^^'     animals,  carrion,  ordure  or  other  offensive  or  injurious 
matter  into  the  river  above  the  waterworks  shall  be  sub- 
ject to  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars. 
Stagnant     Art.  865.  No  pcrsou  shall  suffer  stagnant  water  to 
Jan.' 1867.      remain  on  his  premises,  or  in  any  lot  owned  by  him; 
'^^^'  •    and  any  person  who  shall  fail,  after  sixty  days'  notice, 
given  to  him  by  the  Street  Commissioner,  to  fill  up  his 
said  lot  or  premises  so  as  to  cause  the  water  to  run  off 
into  the  streets,  and  not  on  the  adjacent  lots,  shall  be 
fined  in  the  sums  hereinafter  mentioned. 
Filling  lots     Art.  866.  It  shall  be  unlawful  to  fill  up,  or  partly  fill 

^c.     *"        'up,  any  lot  with  manure  or  other  offensive  or  deleterious 
lb.    ^'      -^ 
matter. 

Penalty.  Art.  867.  Any  person  or  persons  committing  any  of 

■  the  offences,  or  violating  any  of  the  provisions  herein- 
before named,  shall  be  fined  not  less  than  ten  nor  more 
than  fifty  dollars,  and  in  default  of  the  payment  of  the 
penalty,  he  shall  be  imprisoned  not  exceeding  thirty 
days. 

Hours  of     Art.  868.  That  from  and  after  the  first  day  of  May 
*^  oJdf *No.  6327  to  the  first  day  of  October  all  stalls  or  stands  where 

Juke  15,  isso.  fresh  crabs  or  shrimps  are  sold  in  various  markets  of 
this  city  be  required  to  be  closed  by  10  o'clock  a.  m. 
each  and  every  day. 

Peddiingpro-     Art.  869.  That  the  selling   of  fresh  fish,    crabs    or 

'ord  No.  416S  shrimps,  by  peddlers  on  the  streets,  be  and  is  hereby 

Dec.  17, 1889.  prohibited  and  made  unlawful. 

Penalty.  Art.  870.  That  whoever  shall  violate  the  provisions 

-c^i^  ^°- 4952  of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 

Dec.  16  1S90.  twenty-five  dollars  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
onment in  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  of- 
fence is  committed;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence,  nor  the  im- 
prisonment more  than  thirty  days. 

Art.  871.  That  from  and  after  the  passage  of  this 


HEALTH   AND   QUARANTINE.  395 

resohition  it  will  be  unlawful  for  any  person  or  persons    The  use  of 
to  keep  for  sale  in  any  close  building  occupied  in  part  as  a  building  occu- 
dwelling  place,  fish,  fruit,  vegetables  or  fowls ;  and  ita  dwelling 
shall  be  the  duty  of  the  Commissioner  of  Police  and  s  a  i  e  of  fish. 
Public  Buildings  to  cause  all  such  articles  to  be  removed  bie"'  or^'fowu, 
to  a  public  or  private  market,  by  the  owner  or  owners  '^  ord.'No!  785, 
thereof,    within    twenty-four  hours    after    notification    juw  zz,  18S4. 
served  upon  the  keeper  of  any  such  establishment,  by 
the  said  commissioner  through  his  proper  officer.     Any 
person  violating  the  provisions  of  this  ordinance  shall, 
upon  conviction,  be  subject  to  a  fine  of  not  more  than 
twenty-five  dollars  for  each  and  every  offence,  and  in 
default  of   payment,    to   imprisonment   in    the    parish      ^"*  ^' 
prison  for  a  period  of  not  over  thirty  days.     Said  fine 
or  imprisonment  to  be  enforced  by  any  court  of  compe- 
tent jurisdiction  within  the  corporate  limits  of  the  city 
of  New  Orleans. 

Art.  872.  That  from  and  after  the  passage  of  this  Blowing  meat 
ordinance,  it  shall  be  unlawful  to  blow  any  veal  or  mut-  beiiows  un- 
ton,  except  by  means  of  a  bellows. 

Art.  873.  That  the  blowing  of  any  animal  over  (15)  Blowing  of 
fifteen  months   old   is   hereby   prohibited,  as    also   the  over  fifteen 

.  oi  1  ^•  .  months  old, 

sale  or  offermg  for  sale  in  any  of  the  public  or  private  and  s  a  u-  of 

•  1        1  1  •  m  e  a  t   of    any 

markets  the  meat  of  any  animal  that  at  the  time   or  animainotfour 

weeks  old,  pro- 
slaughter  was  not  four  weeks  old.  hibited. 

Art.  874.  That   whoever  shall  violate  the   provisions  c.  s.  ' 
of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed      "^' 
twenty-five    dollars  or  imprisoned  in  the  parish   prison 
for  a  terra  not  to  exceed  thirty  days,  or  both,    or  im-    Penalty, 
prisoned  in  the  said  parish  prison  for  a  term  not  to  ex-  c.  s.  ' 
ceed  thirty  days  in  default  of  payment  of  the  fine,  to  be         '    ' ' ''°' 
imposed   by  the  Recorder  of    the  district  wherein   the 
offence  is  committed,  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars   for  each  offence,  nor  the  im- 
prisonment more  than  thirty  days. 

Art.  875.  That  no  parent,  tutor  or  custodian  of  any      contagious 
child  or  minor  (having  power  and  authority  to  prevent) 
shall  permit  any  such  child  or  minor  to  be  unnecessarily  etc  '"^''"|'  "  °'^' 
exposed,  or  to  needlessly  expose  any  such  minor  or  child  c.  s.  '    °'  ^^'^ 
to   the   taking  or  to   the   infection  of   any   contagious      ^  •  '  ■ ' 
disease. 


396  HEALTH   AND   QUARANTINE. 

sol^itM^con.  ^i^T.  876.  (2)  That  no  householder,  whether  the 
l^sf  p  °ohibhed  owner  of  the  premises,  or  any  part  thereof,  or  possessor 
^•^•or  occupant  thereof,  by  lease  or  otherwise,  shall  allow 
or  permit,  contrary  to  the  order  of  the  Board  of  Health 
of  the  State  of  Louisiana,  any  person  or  persons  to  visit 
any  person  who  may  be  sick  or  confined  on  said  prem- 
ises with  any  infectious  or  contagious  disease,  saving 
and  excepting  such  person  or  persons  as  may  be  actually 
and  absolutely  necessary  and  essential  to  the  "proper 
car^  and  attention  of  said  sick  person  or  persons. 
Clothing,  ^RT.  877.  (3)  That  every  householder  occupying 
linen,  etc.  ^^  premiscs  Or  any  portion  thereof,  either  as  owner  or  pos- 
sessor, or  occupant,  under  lease  or  otherwise,  shall 
obey  and  conform  to  all  instructions  and  orders  of  the 
Board  of  Health  of  the  State  of  Louisiana  relative  to  the 
disposition  of  the  clothing,  linen,  expectorations  or  de- 
fecations of  persons  confined  on  said  premises  with  in- 
fectious or  contagious  diseases,  as  well  as  those  relating 
to  the  treatment  of  the  sick  room  and  the  sick-room 
utensils  in  which  said  person  may  have  been  confined 
with  contagious  or  infectious  disease  ;  and  it  shall  be  the 
duty  of  the  attending  physician  in  each  and  every  case 
to  notify  the  said  householder  or  person  having  charge 
of  said  room  of  said  rules  and  regulations. 
P"°J|^.f^unerais  ^RT.  878.  (4)  That  thcrc  shall  not  be  a  public  or 
chufch  funeral  of  any  person  who  has  died  of  any  con- 
tagious or  infectious  disease,  but  the  funeral  of  such 
person  shall  be  private ;  and  it  shall  not  be  lawful  to  in- 
vite or  permit  at  the  funeral  of  any  person  who  has  died 
of  any  infectious  or  contagious  or  pestilential  disease,  or 
at  any  services  connected  therewith,  any  person  whose 
presence  is  not  absolutely  and  essentially  necessary,  or 
to  whom  there  is  danger  of  contagion  thereby. 
drhrerTo^t  cTr*^  ^^'^-  ^^^-  (^)  "^^^^  ^^  owucr,  drivcr,  agent  or  other 
"^^^^'  lb  person  having,  owning  or  being  in  charge  of  any  car- 
riage, cab,  hack,  cart,  wagon  or  other  conveyance  or 
vehicle  shall  permit  or  allow  the  placing  therein,  or  the 
carriage  thereby  of  the  corpse  or  dead  body  of  any  per- 
son or  persons  who  have  died  of  contagious,  infectious 
or  pestilential  diseases,  provided  that  this  section  shall 
not  apply  to  hearses. 


HEALTH   AND   QUARANTINE.  397 

Art.  880.  (6)  That  every  principal,  teacher  or  assist-  Teachers,  etc. 
ant  teacher  of  any  and  every  private  or  public  school,  on 
observing  that  any  child  or  children,  pupils  of  said 
school,  present  symptoms  of  any  contagious,  infectious, 
or  pestilential  disease,  shall  send  said  child  or  pupil  to 
said  pupil's  or  child's  domicile  and  residence,  with  in- 
structions to  the  parent  or  parents,  tutor,  guardian  or 
other  person  in  charge  of  said  pupil,  child  or  children, 
to  have  the  said  pupil  or  child,  or  pupils  or  children, 
■examined  by  the  family  physician,  and  said  instructions 
shall  be  in  writing,  and  in  no  case  shall  said  child  or 
children,  pupil  or  pupils,  so  sent  home  be  allowed  to  at- 
tend said  school  thereafter  until  there^  shall  be  produced 
and  filed  with  said  principal,  teacher  or  assistant  teacher 
a  certificate  from  a  licensed  physician  that  said  child  or 
children,  pupil  or  pupils,  are,  not  suffering  from  any 
contagious,  infectious  or  pestilential  diseases. 

Art.  881.  That    no    principal,    teacher    or  assistant    ,    Attending 

^  ^       '  schools. 

teacher,  shall  permit  or  allow  any  child,  children,  pupil  ib. 

or  pupils,  to  attend  school  from  any  house  in  which  con- 
tagious, infectious  or  pestilential  diseases  may  prevail 
at  the  time,  or  may  have  prevailed  antecedent  thereto, 
until  such  time  as  all  danger  of  infection  shall  have 
passed. 

Art.  882.  That  the   phrase   and   words   "  infectious,       infectious, 

contagious  and 

contagious  or  pestilential  diseases,"  used  in  this  ordi- pest.ienti;.!  dis- 

.  eases  defined. 

nance,  shall  be  held  and  construed  to  include  and  mean  ib. 

all. such  sickness,  affections,  or  diseases  or  phases  thereof 
of  an  infectious,  contagious  or  pestilential  nature  (more 
especially,  referring  to  cholera,  yellow  fever,  small-pox, 
diphtheria,  ship  or  typhus,  spotted,  relapsing  and  scar- 
let fevers),  and  also  including  any  new  disease  of  any 
infectious,  contagious  or  pestilential  nature,  and  also 
any  other  disease  publicly  declared  by  the  Board  of 
Health  of  the  State  of  Louisiana  dangerous  to  the 
public  health,  and  of  a  contagious,  infectious  or  pesti- 
lential nature  or  character. 

Art.  883.   (9)  That  no  person  shall  retain,  expose  or    ^^^^  bodies. 
allow  to  be  retained  or  exposed,  the  dead  body  of  any  ^''• 

human  being  to  the  peril  or  prejudice  of  the  life  or 
health  of  any  person. 


398  HEALTH   AND   QUARANTINE. 

To  be  inter-     ^jjrp   884.  (10)  That  all  dead  bodies  shall  be  interred 

red     within    24  ^        ' 

hours.  ^^  within  twenty-four  hours  after  death  during  the  summer, 
and  thirty-six  hours  during  the  winter  months,  unless 
permission  is  obtained  in  special  cases  from  the  Board 
of  Health  to  withhold  them  from  burial  for  a  longer 
period.  In  the  case  of  death  from  a  contagious  or  in- 
fectious disease,  the  Board  of  Health  shall  be  empow- 
ered to  require  and  enforce  the  earlier  burial  of  the 
corpse. 
Penalty.  Art.  885.  (11)  That  any  person  or  persons  violating 

'  any  provision  of  this  ordinance,  or  failing  to  comply 
with  any  provision  thereof,  shall  be  fined  a  penalty  of 
not  more  than  twenty-five  dollars  for  each  and  every 
offence,  or  in  default  of  payment  thereof  shall  be  im- 
prisoned in  the  parish  prison  not  exceeding  ten  days,  at 
the  discretion  of  the  Recorder  before  whom  such  case 
may  be  tried. 
Product    of     Art.  886.  That  none  of  the  products  of  rendering  any 

dead   a"»na's.  pg^pg^gg^  spccificd  iu  sectioH  1  of  tMs  Ordinance,  shall  be 

^o^d.  No.  7241  employed  or  utilized  for  purposes  of  human  food,  and 
Aug.issf.  that  all  grease  and  other  products,  except  such  as  are 
manufactured  as  fertilizers,  rendered  or  manufactured, 
or  packed  for  use  or  transportation  to  or  from  market  in 
the  city  of  New  Orleans  or  elsewhere,  shall  be  branded  on 
each  and  every  package  with  a  burning  brand,  as  fol- 
lows: ' 'Product  of  Dead  Animals,  New  Orleans."  Any 
violation  of  the  provisions  of  this  section  shall,  ipso  facto, 
cancel  the  license  granted,  as  provided  in  section  2  -of 
this  ordinance,  and  operate  as  a  forfeiture  of  the  bond 
given  as  herein  provided,  the  amount  of  such  bond  be- 
ing hereby  fixed  as  a  penalty  in  the  nature  of  liquidated 
damages  to  ensure  compliance  with  the  provisions  of 
this  section. 
Proprietors     Art.  887.  That  it  shall  be  the  duty  of  each  and  every 

mo^ai'^orde'Id  proprietor  of  any  of  the  above  named  animals,  or  per- 
ib.  sons  having  such  animals  in  his  custody  or  under  his 
control  within  three  hours  after  the  death  of  such  ani- 
mal, to  cause  the  same  to  be  removed  to  some  licensed 
place  of  rendering,  or  within  the  same  time  to  notify  the 
nearest  police  sanitary  officer  of  the  whereabouts  of  said 


HEALTH  AND   QUARANTINE.  399 

carcass,  and  permit  the  same  to  be  removed  by  the  li- 
censed person  notified  as  provided  in  this  ordinance, 
without  delay  or  hindrance,  on  due  application  for  that 
purpose  by  the  licensee,  his  agents  or  servants. 

Art.  888,  That   whoever  shall  violate  the   provisions    Penalty. 
of  this  ordinance,  shall  be  subject  to  a  fine  not  to  exceed  c.'s.'^'       ^^^^ 
twenty-five  dollars  or  imprisoned  in  the  parish  prison  for    ^^'^'  '^'  '^^°' 
a  term  not  to  exceed  thirty  days,  or  both,  or  imprisoned 
in  the  said  parish  prison  for  a  term  not  to  exceed  thirty 
days   in  default  of  payment  of  the  fine,  to  be   imposed 
by   the  Recorder  of  the  district   wherein  the  offence   is 
committed ;  provided,    that   the   fine  shall   not   exceed 
twenty-five   dollars  for  each  offence,  nor  the   imprison- 
ment more  than  thirty  days. 

Art.  889.  That  any  person  or  persons  conveying  or     Removal  of 
carrying  in  any  manner,  any  dead  animal    or   animals '^ord.No!"^'!*? 
through  the  streets  of  this  city,  shall,  and  it  is  hereby  *^"oct.  30,1894. 
made  it  their  duty,  to   convey  the  same  in  vehicles  or 
wagons  suitable  for  the  purpose,  and  covered  so  as  to 
shut  out  from  view  all  sight  of  the  carcass  of  the  dead 
animal  or  animals  aforesaid ;  and  any  person  or  persons 
violating  the  provisions  of  this  ordinance  shall  be  pun- 
ished by  a  fine  of  not  less  than  five  dollars  nor  more  than    ^^"*^*y- 
twenty-five,  or  imprisonment   in   the   parish   prison  or 
city  workhouse   for  a  period  of  not  less  than  ten  days 
nor  more  than  thirty. 

Art.  890.  This  ordinance  shall  take  effect  thirty  days    Take  effect 
from  and  after  its  passage. 

Art.  891.  The  Coroner  or  Coroners,  or  his  or  their  coroners  and 
deputies,  masters  of  any  water-craft,  boarding  orutton''ers  to'^'^e- 
lodging-house  keepers,  principals  or  masters  of  ^X's.  4916. 
any  boarding  school  or  seminary,  and  all  practitioners  of 
medicine,  surgaons,  obstetricians  or  physicians,  apothe- 
caries, chemists,  druggists,  midwives  and  all  persons 
who  use  or  pretend  to  use  medical,  obstetrical  or  surgi- 
cal means  for  the  treatment  of  disease,  disorder  or  lesion, 
are  hereby  required,  each,  any,  or  all  of  them,  as  the 
case  may  be,  to  report  to  the  Board  of  Health  of  the 
State  of  Louisiana  all  cases  of  contagious,  infectious, 
epidemological  diseases,  especially  cholera,  yellow  fever,. 


lb. 


Feb.,  1879. 
N.  .-.  ^35-  ^^ 
Aui^ust,  1S66. 


400  HEALTH   AND   QUARANTINE. 

trichiniasis,  typhus  or  ship  fever,  small-pox,  diphtheria 
or  any  of  the  grade  of  such  diseases,  or  any  others  that 
may  be  specified  by  the  Board  of  Health,  or  may  be 
generally   adjudged   contagious    or    infectious,    within 
twenty-four  hours  after  the  same  may  come  under  their 
treatment,  cognizance  or  supervision.     And  the  penalty 
for  offending  against  this  section,  or  any  portion  there- 
of,  shall  not  be  less  than  twenty-five  dollars  for  each 
and  every  offence,  and  in  default  of   payment  thereof, 
the  offender   shall   suffer  imprisonment  not  to  exceed 
thirty  days. 
Toprevent     Art.  892.  That  any  parent,  guardian,  tutor  or  other 
contal^o^us  dis- person  haviug  charge  or  control  of  any  child  or  chil- 
dren!   ^  *^  '  ■  dren,  who  shall  allow  or  permit  any  such  child  or  chil- 
c. sV    °'    "dren  to  go  from  any  house  or  building  infected   with 
Jan.  23, 1  .3.^^ j^^.^^    scarlet  or  yellow  fever,  diphtheria,   cholera, 
small-pox  or  other  contagious  or  infe  tious  disease,  to 
attend  any  public  or  private  school  or  any  place  of  amuse- 
penaity.        mcut,  or  to  travel   in  any  street  car  or  public  vehicle, 
shall  be  punished  by  a  fine  of  five  dollars,  or  in  default 
of  payment  thereof,  by  five-  days'  imprisonment  in  the 
parish  prison,  on  conviction  thereof  before  any  Recorder 
or  public  magistrate. 
Diseases  to     Art.  893.  All  practitioucrs   of  medicine,  masters  of 
whom °'^^^'^ * ''^  ^^y    water-craft,    hotel,    boarding    or    lodging    house 
^o^d.  No.6o32;^ggpgj.g^  principals  or  masters  of  any  public  school,  the 
June,  1879.     chief  officers  or  persons  in  charge  of  any  public  institu- 
tion of   charity  or  of  punishment,  and  heads  of  fami- 
lies are  hereby  required  to  report,  within  twenty-four 
hours,    to  the  office  of  the  Board  of  Health,  all  cases 
within   their    cognizance   of   Asiatic    cholera,    leprosy, 
yellow  fever,  typhus  or  ship  fever,  diphtheria,  malig- 
nant scarlet  fever,  small-pox,  varioloid,  trichiniasis,  or 
any  other  case  that  may  at  any  time  be  specified  by  the 
Board  of  Health. 
Parents  to     Art.  894.  Parcuts  shall  inform  principals  of  schools 
pau% schi)"o*il:  ^^^^^^^^  ^y  their  children,  of  any  contagious  diseases 
^^-  occurring  in  their  families. 

Art.  895.  AH  animals  sick  with  any  contagious  or  in- 
fectious disease  shall  be  removed  at  once  beyond  the 


HEALTH   AND   QUARANTINE. 


401 


limits  of  the  city  of  New  Orleans  by  the  person  or  per- 
sons owning  or  having  charge  of  said  animals,  and  in 
default  of  such  action  said  animals  may  be  removed  by 
the  Board  of  Health  at  the  expense  of  such  person  or 
persons. 

Art.  896.  That  no  person  or  persons  shall  bring  into    A^j^ais  sick 
or  within  the  limits  of  the  city  of  New  Orleans  any  ani- ^i^^^^^jg^"^^^: 
mal   sick  with   glanders.     It  is  made  the  duty  of   the  "■^'"°''*^  "*•  jj,^ 
officers  of  the  police  force,  and  also  of  all  owners  or 
persons  in  charge  of  animals,  including  veterinary  sur- 
geons, to  promptly  report  to  the  Board  of  Health  any 
case  or  cases  coming  to    their  knowledge  of   animals 
sick  with  glanders,  as  also  every  case  which  may  be  re- 
garded as  suspicious   or   exhibiting  symptoms  of   said 
•disease. 

Art.  897.  That  whenever  any  animal  is  pronounced    Animals  wuh 
glandered  by  the  veterinary  surgeon  of  the  Board  of  ^  o"drNo.  7741 
Health  or  by  any  other  graduated  and  reputable  veter-  ^june  27, 1S93. 
inary  surgeon,  the  Board  of  Health  shall  order  the  kill- 
ing of  such  animal  and  the  disposition  of  the  carcass  in 
such   a   manner   as   said   Board   of  Health   may   deem  hm."'''  °^  ^°* 
safest.     All  animals  suspected  of  glanders  shall  be  iso- 
lated at  owner's  expense  in  such  manner  as  the  Board 
of  Health  may  designate,  until  the  true  condition  of  the 
animal    is    established.     Any    owner    of    any    animal 
having  cause  to  suspect  the  same  to  be  glandered,  or 
any  veterinary  surgeon  treating  any  animal  so  suspect-      °  *  '''"ib! 
ed,  who  shall  fail  to  report  immediately  such  suspected 
case  to  the  Board  of  Health,  shall  for  each  such  ileglect 
or  failure  to  thus  report,  be  fined  in  a  sum  not  exceed- 
ing twenty-five   dollars,   or  imprisoned  not   exceeding 
thirty  days ;  and  any  owner  not  submitting  any  animal 
suspected  of  being  glandered  to  investigation  and  proper 
inspection  by  the  veterinary  surgeon  of  the  Board  of 
Health  for  ascertainment  of  its  condition,   or  not  iso-  . 
lating  a  suspected  animal  as  the  Board  of  Health  may 
direct,    or   removing   or    killmg   or   disposing   of   any 
glandered  or  suspected  animal  in  a  manner  contrary  to 
the  directions  and  intendments  of  this  ordinance,  shall 
for  each  offence  be  fined  not  more  than  twenty -five  dol- 
lars or  imprisoned  not  more  than  thirty  days. 


Penalty. 


402  HEALTH   AND   QUARANTINE. 

ciSise.^**'"^     ^^T-  898.  All  ordinances   in  conflict  with  this  ordi- 
!''•  nance,  and  all  upon  the  same  subject  matter,  are  hereby 
repealed. 

Care  and     Art.  899.  That  the  Mayor,  President  of  the  Board  of 

treatment  of  .  "^        ' 

infectious  dis-  Health   and   Chairman   of    the    Committee    on    Public 

ord.  No.  7740  Health  be  authorized  to  make  the  necessary  arrange- 

■june27, 1S95.  ments  for  the  care  and  treatment  of  such  cases  as  it  is 

the  duty  of  the  city  to  provide   for,   and   until   other 

provision  can  be  regularly  made  for  the  maiutenanee  of 

same. 

Removal  of     Art.  900.  The  Board  of  Health  may  remove  or  cause 

persons  to  hos  i  t  i 

pitais.  to  be  removed  to  hospital  or  other  place  of  treatment 

Ord.  No.    14,  L  tr 

^'a%\  I  is  ^^^  person  or  persons  suffering  from  small-pox  when- 
■  ever  such  removal  shall,  in  the  discretion  of  said  board, 
be  deemed  necessary  for  the  proper  treatment  of  such 
person  or  persons  for  the  prevention  or  spread  of  said 
disease. 

Expenses.  Art.  901.  That  the  cxpcnscs  incurred  in  the  ucccssary 

performance  of  any  of  the  duties  named  in  this 
ordinance  shall,  after  the  approval  by  the  Board  of 
Health,  be  borne  by  the  city  of  New  Orleans ;  provided, 
that  no  contract  fixing  the  price  for  the  future  keeping,, 
maintenance  and  attendance  upon  small-pox  patients 
shall  be  valid  without  the  previous  approval  of  the 
Administrator  of  Police  and  the  Mayor. 

Board  of     Art.  902.  That  the  Board  of  Health  may,  at  its  dis- 
cumscribecon-cretion,  rcgulatc  or  prevent  access  to  or  egress  from,  or 
feftiou^sduease  cause  to  bc  vacatcd  any  infected  building,  water-craft, 
A.s"!  ■    °"    '^  place  or  locality,  or  cause  to  be  fumigated  or  otherwise 
uy.179.      disinfected  any  infected  building  or  water-craft  when- 
ever, in  the  opinion  of  said  board,  such  action  shall  be 
deemed  necessary  to  prevent  the  spread  of  any  danger- 
ous and  infectious  disease. 

Rigiit  to  dis-      Art.  903    (2)  That  the  Board  of  Health  may  disin- 

'  feet  any  infected  clothing,  bedding  or  other  substances 

whatever,  if  in  the  discretion  of  said  board  such  action 

shall  be  deemed  necessary  to  prevent  the  spread  of  the 

disease. 


HEALTH   AND   QUARANTINE.  405 

Small-Pox — See  Hospitals— See  Offences. 
Constitution  of  State. 

Art.  170.  The  regulation  of  the  sale  of  alcoholic  or  spirituous 
liquors  is  declared  a  police  regulation,  and  the  General  Assembly 
may  enact  laws  regulating  their  sale  and  use. 

Art.  178.  The  General  Assembly  shall  provide  for  the  interest 
of  State  medicine  in  all  its  departments,  for  the  protection  of  the 
people  from  unqualified  practitioners  of  medicine,  for  protecting 
confidential  communications  made  to  medical  men  by  their 
patients  while  under  professional  treatment  and  for  the  purpose 
of  such  treatment;  for  the  establishment  and  maintenance  of  a 
State  Board  of  Health. 

BOARD   OF   HEALTH. 

Art.  904.  (1)  That  the  Board  of  Health  of  the  State  organization 
of  Louisiana  shall  hereafter  consist  of  nine  members,  Board°^^'^  ° 
four  of  whom  shall  be  appointed  by  the  Governor,  by  and  .  *^  °' '  ^^' 
with  the  advice  and  consent  of  the  Senate,  and  five  of  whom 
shall  be  elected  by  the  Council  of  the  city  of  New  Or- 
leans. They  shall  hold  their  office  for  four  years,  un- 
less sooner  removed  for  cause.  The  members  first  ap- 
pointed shall  be  so  designated  that  the  term  of  two  of 
those  appointed  by  the  Governor  and  two  of  those 
elected  by  the  Council  of  New  Orleans  shall  expire  in 
two  years  from  the  fifteenth  of  March,  1877,  and  the 
time  of  the  two  others  appointed  by  the  Governor  and 
the  three  others  elected  by  the  Council  shall  expire  in 
four  years  from  said  date.  At  least  one  of  the  members 
of  said  board  appointed  by  the  Governor  and  two  of 
the  members  elected  by  the  said  Council  shall  be  regu- 
larly licensed  physicians,  resident  in  New  Orleans. 
And  thereupon  the  Governor  shall  issue  to  each  of  them 
a  commission  for  hig  respective  term  of  office.  At  any  Quorum, 
meeting  of  said  board  five  members  shall  constitute  a 
quorum  for  the  transaction  of  business. 

Art.  905.  (2)  That  the  said  board  shall  proceed  to  organi-       Election  of 
zation  at  its  first  meeting  in  the  month  of  April  of  each  president  and 

'^  ^  secretary. 

alternate  year,  by  electing  one  of  its  own  number  to  be 
president,  and  a  suitable  person  to  be  secretary  and 
treasurer,  whose  powers  and  duties  shall  be  those  now 
prescribed  by  law  for  said  officers,  and  such  other  powers 
and  duties  as  may  be  herein  devolved  upon  them.     The 


404  HEALTH  AND   QUARANTINE. 

president  of  said  board  shall  receive  an  annual  salary 
not  exceeding  the  sum  of  twenty-four  hundred  dollars, 
and  the  secretary  and  treasurer  shall  receive  an  annual 
salary  not  exceeding  the  sum  of  two  thousand  dollars,  to 
be  paid  out  of  the  funds  of  or  appropriations  to  said 
board.  No  other  member  of  said  board  shall  receive  any 
pay  or  compensation  whatever. 
Amended  by  Act  68  of  1886. 
Rules  and     Art.  906.  (3)  That  Said  board  shall  have  power  and 

regulations,  authority  to  make  all  needful  rules,  regulations  and 
ordinances  upon  the  subject  of  vaccination  within  the 
parish  of  Orleans ;  provided,  that  nothing  in  this  act 
shall  be  construed  to  render  vaccination  in  any  case 
compulsory ;  the  said  board  shall  encourage  vaccination, 
and  shall  furnish  pure  and  fresh  vaccine  matter  to  the 
district  sanitary  inspectors  and  city  physicians  for  the 
purpose  of  gratuitous  vaccination,  and  the  furnishing  of 
such  vaccine  matter  shall  be  paid  by  the  said  Board  of 
Health. 
Protection  of     Art.  907.  That  the  said  board  shall  have  power  and 

pu  he  ^^ '  jjj  authority,  on  the  concurrence  of  the  City  Council,  to 
provide  for,  protect  and  preserve,  by  adequate  means, 
the  health  and  salubrity  of  the  city  of  New  Orleans, 
and,  in  the  exercise  of  such  power  and  authority,  may, 
with  the  assent  of  the  City  Council,  incur  such  neces- 
sary and  reasonable  expense  as  occasion  may  warrant, 
which  expense  shall  be  paid  by  the  city  of  New  Orleans, 
after  approval  of  the  same  by  said  board,  out  of  the 
budget  appropriation  as  hereinafter  provided ;  and  no 
expense  beyond  such  budget  may  or  shall  be  incurred 
chargeable  upon  the  city  of  New  Orleans.  It  shall 
hereafter  be  the  duty  of  said  board  to  forward  to  the 
Mayor  and  City  Council  annually,  and  in  time  to  be  in- 
cluded in  the  budget  of  expenses  of  the  city  of  New 
Orleans,  an  estimate  of  the  probable  sum  required  to 
meet  the  expenses  aforesaid  for  the  ensuing  year,  and 
other  expenses  provided  for  in  this  act,  to  be  paid  by  the 
city  of  New  Orleans,  and  said  estimate  shall  include  the 
salaries  ef  the  Sanitary  Inspectors  appointed  under  ex- 
isting laws  for  the  different  districts  of  said  city  as  well 


HEALTH  AND   QUARANTINE.  405 

as  the  reasonable  expenses  of  said  Sanitary  Inspectors 
for  rent  of  office  and  stationery  for  their  official  duties, 
and  the  said  board  shall  also,  at  the  same  ti*rae,  make  to 
the  City  Council  a  detailed  statement,  verified  by  the 
oath  of  the  President  and  Secretary  thereof,  of  all  fees, 
fines,  forfeitures  and  sums  of  money  which  have  been  re- 
ceived by  the  said  board  during  the  past  year,  as  well  as 
an  estimate  of  the  probable  receipts  for  the  ensu- 
ing year;  and  it  shall  be  the  duty  of  the  Mayor 
and  Council  of  the  city  of  New  Orleans,  after  con- 
sidering such  report  and  estimate,  to  make  such  ap- 
propriation as  may  be  by  them  deemed  necessary 
for  the  expenses  of  said  board,  and  place  it  in 
the  annual  budget  of  expenditures.  And  should  the  fees, 
fines,  forfeitures  and  sums  of  money  which  have  been 
received  by  the  said  board  under  the  provisions  of  this 
act,  during  the  year,  exceed  the  expenses  of  said  board, 
the  said  excess  shall  be  paid  to  the  Administrator  of 
Finance  of  the  city  of  New  Orleans. 

Art.  908.  (5)  That  the  Board  of  Health,  through  its    Enforcement 
president   or  other  proper  officer,  shall  have  power  and  °   ^'^^'       ib. 
authority  to  call  upon  the   police  authorities  for   neces- 
sary aid  and  assistance,  in  enforcing  any  of  the   au- 
thority or  powers  conferred  upon  it  by  this  act,  as  well 
as  enforcing  any  of   its  orders,  rules  and   regulations. 

Art.  909.  And  it  shall  be  the  duty  of  the  police  authori-  Duty  of  Police, 
ties  to  render  to  the  Board  of  Health  such  necessary 
aid  and  assistance,  when  so  called  upon,  by  the  use  of  the 
police  force,  as  may  effectually  accomplish  the  intentions 
of  this  act  and  of  the  orders,  regulations  and  ordinances 
of  said  board. 

Art.  910.  (7)  That  the  said  board  shall  have  power  Quarantine 
and  authority  to  establish  quarantine  stations  upon  any  ''^l"ct^S)°"i877.  ' 
of  the  approaches  to  the  city  of  New  Orleans  whenever, 
in  its  discretion,  such  stations  may  be  rendered  neces- 
sary to  protect  the  health  of  the  city  of  New  Orleans  or 
the  State,  and  to  make  all  needful  rules  and  regulations 
with  reference  to  the  management  and  police  of  such 
stations.  It  shall  regulate  the  duties  and  obligations  of 
masters  of  vessels  or  other  persons  there  arriving,  and 


406  HEALTH  AND   QUARANTINE. 

any  master  of  a  vessel  or  other  person  who  shall  violate 
any  of  the  rules,  ordinances  or  regulations  of  said  board 
made  with  reference  to  the  management  or  police  of 
such  stations,  or  to  vessels  or  other  means  of  convey- 
ance or  transportation  at  or  arriving  at  such  stations,  or 
shall  evade  or  refuse  visitation  of  the  proper  health  or 
quarantine  officer,  or  shall  refuse  to  allow  such  quaran- 
tine officer  to  inspect,  disinfect  or  fumigate  such  vessel 
or  other  means  of  conveyance  or  transportation,  shall 
be  liable  to  said  board  in  a  sum  not  exceeding  five  hun- 
dred dollars  for  each  and  every  offence,  to  be  recovered 
by  civil  suit  wherever  such  offender,  vessel  or  means  of 
conveyance  may  be  found,  and  said  board  shall  have 
lien  and  privilege  for  the  payment  of  said  liability  on 
such  vessel  or  other  means  of  conveyance  or  transporta- 
tion, to  be  conserved  by  writ  of .  provisional  seizure,  in 
which  case  bond  shall  be  given  in  amount  to  be  deter- 
mined by  the  judge  issuing  the  writ,  and  the  release 
bond  shall  be  for  an  amount  not  exceeding  six  hundred 
dollars.  All  quarantine  physicians  and  other  officers 
and  employees  for  quarantine  stations,  both  for  those 
now  existing  or  that  may  be  established  hereafter,  ex- 
cepting the  Mississippi  quarantine  station,  shall  be  ap- 
pointed and  their  salaries  fixed  by  said  board. 

BIRTHS,    DEATHS   AND   MARRIAGES. 

Recorder.?*-  Art..  911.  (8)  That  the  president  of  said  board  be 
"^■^ct'so,  1S77,  ^^-officio  Recorder  of  Births,  Deaths  and  Marriages  for 
the  parish  of  Orleans,  but  shall  as  such  be  under  the 
general  direction  and  control  of  said  board.  All  fees 
collected  by  him  shall  be  paid  into  and  be  a  part  of  the 
funds  of  said  board.  Said  board  shall  prescribe  such 
blanks  and  forms  as  it  may  deem  necessary  for  procur- 
ing vital  statistics  in  said  parish  and  enforce  the  use  of 
the  same;  and  the  president  of  said  board  shall  cause 
to  be  prepared  and  shall  keep  suitable  books  of  record 
for  said  office,  which  shall  be  carefully  preserved  in  fire- 
proof buildings  or  vaults. 

Amended  by  Act  No.  141  of  1890,  authorizing  appointing  of 
deputies,  etc. 


HEALTH  AND   QUARANTINE.  407 


Art.  912.  (9)  That  it  shall  be  the  duty  of  attending  pmy  of  phy- 
physician  or  midwife  at  the  birth  of  any  child  in  thcmidwives! 
parish  of  Orleans  to  report  the  same  to  the  office  of  the 
Board  of  Health  \yithin  twenty-four  hours  of  the  same ; 
and  it  shall  be  the  duty  of  the  father,  or  in  his  default, 
of  any  person  present  at  the  birth  of  any  child  to  report 
within  twenty-four  hours  from  the  date  of  said  birth  at 
the  office  of  the  Board  of  Health  such  birth,  which  re- 
port shall  be  recorded  in  presence  of  two  witnesses,  and 
shall,  as  nearly  as  possible,  show  the  date,  hour,  street 
and  number  thereof  of  such  birth,  the  sex  of  the  child 
and  its  name,  the  names  of  the  father  and  mother,  their 
nationality,  age,  occupation  and  residence,  and  the  name 
of  said  witness. 

Art.  913.  ( 10)  That  every  death  in  the  parish  of  Orleans  deaths  to  be 
shall  be  reported  at  said  office  within  twenty-four  hours  reported,  ^^ 
after  it  has  occurred  ;  such  report  shall  be  made  by  the 
nearest  relative,  or  the  husband  or  wife  of  the  deceased, 
if  present  in  the  parish  ;  otherwise  by  the  executor,  if 
designated,  or  landlord  of  the  deceased,  or  the  offici- 
ating undertaker.  It  shall  be  the  duty  of  coroners  to 
report  all  deaths  coming  to  tteir  official  notice,  and  of 
the  president,  manager  or  superintendent  of  any  State, 
parish,  municipal,  charitable  or  benevolent  institutions; 
said  report  shall  contaiu,  as  far  as  possible,  the  full 
name,  sex,  age,  occupation,,  residence,  color,  or  race  and 
nativity  of  the  deceased,  the  cause  of  the  death,  the 
street  and  number  where  it  occurred ;  shall  show  whether 
the  deceased  was  married  or  unmarried,  the  name  of 
surviving  spouse,  if  any,  and  where  residing ;  also  the 
name,  age  and  residence  of  the  declarant,  and  his  re- 
lationship, if  any,  to  the  deceased,  and  such  other  par- 
ticulars as  may  be  required  by  said  board.  No  body 
shall  be  removed  from  said  parish  until  a  permit  shall 
iiave  been  obtained  from  the  president  of  said  board, 
under  his  official  seal,  showing  that  the  requirements  of 
this  section  have  been  complied  with. 

Art.  914.  (11)  That  every  marriage  celebrated  in  the 
parish  of  Orleans  shall  be  recorded  in  said  office;  suchreJSrV**^* 
record  shall  show  the  full  names  of  the  contracting  parties,  ^^' 


408  HEALTH   AND   QUARANTINE. 

their  age,  nativity,  date  of  license  of  marriage,  and  by 
whom  issued,  the  names  of  the  parents  or  tutors  of  the 
contracting  parties,  the  name  of  the  officer,  priest  or 
ecclesiastic  celebrating  the  marriage,  with  the  date  of  its 
celebration  and  the  names  of  the  witnesses  thereto,  and 
any  such  facts  as  the  board  may  judge  necessary  for 
vital  statistics.  It  shall  be  the  duty  of  the  officer^ 
priest  or  ecclesiastic  celebrating  any  marriage  to  return 
the  license  authorizing  such  marriage  to  said  office  after 
having  endorsed  on  such  license  the  date  of  such  cele- 
bration ;  these  licenses  so  returned  shall  be  preserved 
among  the  papers  of  said  board. 

Certificate  of  Art.  915.  (12)  That  it  shall  be  the  duty  of 
marriage,  ^j^j^jjg  president  of  said  board  to  cause  the  registry 
of  any  marriage  celebrated  prior  to  the  passage 
of  this  act,  on  production  of  a  certificate  duly 
attested  of  the  celebration  of  such  marriage;  and, 
in  case  of  loss  of  such  original  certificate,  such  registry 
shall  be  made  on  the  production  of  the  affidavits  of  the 
contracting  parties,  and  at  least  one  of  the  witnesses 
present,  or  of  the  officer,  priest  or  ecclesiastic  celebra- 
ting such  marriage,  and  a  certified  copy  of  such  registry 
shall  be  prima  facie  evidence  of  such  marriage. 

p^g3^  Art.    916.  (13)  That  there  shall  be  collected  for  the 

^''•recording,  under  this  act,  of  any  birth  or  death,  the 
sum  of  fifty  cents,  and  like  fee  for  any  certificate  of  such 
record,  and  for  recording  any  marriage  the  sum  of  one 
dollar,  and  like  fee  for  certificate  of  the  recording  of  the 
same. 

Repealing     Art.  917.  (14)  That  this  act  shall  not  be  construed  so 
lb.  as  to   deprive  the  Board  of   Health   of    any  powers   or 
authority  it  has  under  existing  laws,  and  that  all  acts 
and  parts  of  acts  in  conflict  with  this  act  are  hereby  re- 
pealed. 

See  Acts  69,  82  and  85  of  1892;    98  of  1884;    23  and  68  of  1886 
relative  to  Board  of  Health. 


HOSPITALS.  409 


ACT  No.  20  OF  1880. 


To  Prevent  the  Adulteration  of  Articles  Used  as  Food;,  to  Pre- 
vent the  Sale  of  Unwholesome  and  Tainted  Provisions,  the 
Slaughtering  of  Cattle,  etc..  for  Food,  When  in  an  Unhealthy 
Condition,  and  to  Prevent  the  Landing  of  Diseased  Animals 
Within  Certain  Prescribed  Limits. 

Section  1.  "Be  it  enacted  hy  the  General  Assembly  of  the  State 
of  Louisiana,  That  it  shall  be  unlawful  for  any  person  or  persons 
to  adulterate,  to  sell  or  offer  for  sale  in  the  State  of  Louisiana, 
any  article  of  food  and  sustenance,  knowing  the  same  to  be  adul- 
terated. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  it  shall  be  unlawful  for 
any  person  or  persons  to  sell  or  offer  for  sale  any  tainted  pro- 
visions or  stale  vegetables,  or  other  articles  of  food,  the  same 
being  in  a  condition  of  decomposition  or  unfit  for  food. 

Sec.  3.  Be  it  further  enacted,  etc..  That  it  shall  be  unlawful  for 
any  person  or  persons  to  slaughter  for  food  and  offer  for  sale  any 
cattle,  hogs  or  sheep,  the  same  being  in  an  unhealthy  condition. 

Sec.  4.  Be  it  further  enacted,  etc.,  That  it  shall  be  unlawful 
for  any  person  or  persons,  railways,  steamships,  steamboats, 
water  or  other  craft  to  discharge  at  any  of  the  depots,  wharves  or 
landings  within  the  city  of  New  Orleans  or  any  city  within  the 
State  of  Louisiana,  or  less  than  two  (2)  miles  distant  therefrom, 
any  cattle,  swine  or  sheep  forwarded  through  them  or  shipped 
on  their  own  account  when  the  same  is  known  to  be  in  a  diseased 
condition. 

Sec.  5.  Be  it  further  enacted,  etc..  That  any  person  or  persons 
violating  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  for  the  tirst  offence  shall  be  punished  by  a 
fine  of  twenty-flve  dollars  ($25)  or  three  (3)  months'  imprison- 
ment, and  for  a  second  or  subsequent  offence  shall  be  punislied 
with  a  fine  of  fifty  dollars  ($50),  or  not  less  than  six  (6)  months' 
imprisonment,  or  both,  at  the  discretion  of  the  court. 

Sec.  6.  Be  it  further  enacted,  etc..  That  the  Secretary  of  State,, 
immediately  upon  the  passage  of  this  act,  shall  notify  all  sheriffs, 
chiefs  of  police  and  other  executive  officers  throughout  the  State 
to  take  cognizance  thereof  and  enforce  its  provisions. 

Sec.  7.  Be  it  farther  enacted,  etc.  That  all  laws  or  parts  of 
laws  in  conflict  with  this  act  be  and  the  same  are  hereby  re- 
pealed. 


HOSPITALS. 

Art.  918.  That  on  and  after  the  passag^e  of  this  ordi-  Permissioa 
nance  it  shall  be  unlawful  for  any  person,  persons  or  o  a.  no  ys^, 
corporation  to  set  up,  establish  or  operate  a  hospital,  Aug.  zs,  1894^ 
sanitarium   or   any   institution   of  a  kindred  character 


410  HOSPITALS. 

without  first  having  obtained  permission  from  the  City 
Council,  and  any  person,  persons  or  corporation  violat- 
ing the  provisions  of  this  ordinance  shall  be  fined  not 
more  than  ten  dollars  or  less  than  five  dollars  for  each 
and  every  day  that  said  hospital,  sanitarium,  etc.,  shall 
be  operated  without  complying  with  the  provisions  of 
this  ordinance,  said  fine  to  be  recoverable  before  any 
court  of  competent  jurisdiction. 

ACTS  OF  THE  LEGISLATURE. 
An  Act 

To  provide   for  the  administration  of  the   Charity  Hospital   at 
New  Orleans,  and  to  provide  a  revenue  for  its  support. 

Eight  Adminis-      SECTION  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
appointed  ^i'^'es  of  the  State  of  Louisiana^  in  General  Assembly  convened,  That 
annually^  by  ^i^jjin  twenty  days  after  the  meeting  of  the  General  Assembly 
each  year  the  Governor  shall  nominate,  and,  with  the  advice  and 
consent  of  the  Senate,  appoint  eight  administrators  of  the  Charily 
Hospital  at  New  Orleans,  who,  together  with  the  Governor  of  the 
State,  shall  compose  the  Board  of  Administrators.     The  Governor 
to  be'^pres'u  Shall  be  in  perpetuity  the  president  of  the  board.     They  shall,  at 
b^"rd  °*   ^^^  their  first  meeting,  elect  a  vice  president,  who  shall  perform  the 
Vice  president,  duties  of  president  in  his  absence.     A  quorum  for  the  transaction 
of  business  shall  be  four  Administrators,  who  shall  have  power  to 
elect,   in   the   absence  of  the   president  and   vice  president,   a 
sh^fmeet.^  ^^P^^sident  pro  «em.     They  shall  assemble  on  the  first  Monday  of 
each  month,  and  oftener  if  the  president  thinks  tit,  or  business  re- 
quires it. 

Amended  by  Act  145  of  1890,  page  186. 
Powers  of     Sec.  2.  That  they  shall  have  full  power  and  authority  to  manage 
Board.  and  administer  the  hospital ;  to  repair  and  improve  its  property, 

of  whatever  nature  it  may  be ;  to  rent  and  lease  the  same,  and  to 
enter  into  any  kind  of  contracts  (sales  of  real  estate  excepted)  ; 
to  accept  in  behalf  of  the  hospital  all  donations  and  legacies, 
ako  to  sue  and  implead  and  to  be  impleaded  in  all  affairs  and  ac- 
tions whatever  before  any  of  the  courts  of  the  State. 
Powers  and  Sec.  3.  They  shall  have  the  power  to  order,  establish,  alter 
duties  of  Board^^jj^  put  into  execution  all  by-laws  and  ordinances  which  they 
think  best  suited  to  the  interest  and  better  regulation  of  the  hos- 
pital, if  such  by-laws  and  ordinances  be  not  contrary  to  the  laws 
of  the  State,  to  the  Constitution  of  the  United  States,  or  to  the 
police  ordinances  of  the  corporation  of  New  Orleans;  and  to 
appoint  the  several  persons  they  may  judge  necessary  for  the 
service  of  the  hospital.  At  each  monthly  meeting  they  shall 
designate  two  of  their  own  members,  whose  duty  it  shall  be,  either 


HOSPITALS.  411 

jointly  or  separately,  to  visit  the  hospital  at  least  twice  in  every 
week,  to  inspect  the  service  of  the  same,  and  enforce  the  execu- 
tion of  the  regulations ;  on  all  which  they  shall  make  their  re- 
port to  the  board. 

Sec.  4.  That  they  shall  appoint  a  treasurer,  to  be  continued  at  Treasurer,  his 
their  own  will,  who,  before  he  enters  upon  the  functions  of  tiis    ^°^^- 
office,  shall   give  a  bond  and  security  to  the  satisfaction  of  the 
Board  of  Administrators. 

Sec.  5.  That  it  shall  be  the  duty  of  the  Treasurer  to  recover  Duties  of 
all  sums  due  to  the  hospital;  to  keep  a  correct  statement  of  its '^'■®^*"'^^'" 
property,  claims  and  revenues,  and  to  make  all  necessary  pay- 
ments authorized  by  the  board,  and  not  otherwise,  and  finally  to 
return  every  year  to  the  board  a  minute  account  of  his  receipts 
and  expenditures,  which,  after  being  carefully  examined  by  a 
special  committee,  shall,  if  found  just  and  correct,  be  approved 
by  the  board. 

Sec.  6.  That  the  board  shall  have  power  to  declare  the  seat  of  tain'^caVe's^to 
any  member  vacant  who  shall  absent  himself  from  three  succes-  vacate  seat   of 

''  absent    m  e  m- 

sive  monthly  meetings,  without  leave,  and  to  till  all  vacancies  bera. 

that  may  occur  in  the  board.  .  va^.a^cYes!"  *" 

Sec.  7.  That  the  administrators,  shall,  within  the  first  ten  days       Annual  re- 
after  the  annual  meeting  of  the  General  Assembly,  make  a  report  R *""^  °^  ^^^ 
to  each  branch  thereof,  which  report  Shall  contain  a  faithful  ac- 
<30unt  of  the  receipts  and  disbursements  of  the   institution,  and 
a  faithful  statement  of  all  property,  both  real  and  personal,  owned 
and  claimed  by  the  Charity  Hospital. 

Sec.  8.  That  a  register,  containing   the   family  and  christian     Registertobe 
names  of  each  and  every  patient  who  shall   have  been  admitted cfg^^.  "^ ^   ^^^ 
into  the  hospital,  also  his  last  place  of  residence,  if  known,  the 
disorder  with  which  he  may  have  been  attlicted,  the  time  of  his 
death  or  discharge,  and  whether  cured  or  not,  shall  be  kept  by 
the  clerk  of  the  establishment  under  the  superintendence  of  the 
administrators;  and  it  shall  be  their  duty  to  annex  to  their  an- anlexed^tothe'ir 
nual  report  to  the  General  Assembly  a  tableau  extracted  from  this  annual  report, 
register,  exhibiting  the  nature  of  the  diseases  attended  to  in  the 
hospital  during  the  preceding  year,  the   number  of  patients  ad- 
mitted, the  number  of  persons  dead,  cured,  or  gone  out  of  the    . 
hospital  for  any  other  cause,  the  number  of  those  born  in  the 
same   country,   and  the  number    remaining   at    the  end  of  the 
year. 

Sec.  9.  That  all  money  coming  to  the  hospital  shall  be  exclu-     Money  com- 
sively  appropriated  to  the  use  of  the  patients;  but  the  adminis-  "jfj?  how^a'p- 
trators  may  from  time  to  tim.e  make  such  changes  in  or  additions  propriated. 
to  the  hospital  as  they  may  deem   expedient,  whenever  the  reve- 
nues may  permit  the  same  to  be  done. 

Section  10  is  amended  as  follows:  (By  act  of  1857,  p.  199,  No.  205). 

That  section  10  of  the  act  of  the  Legislature  of  Louisiana,  en- 
titled "An  act  to  provide  for  the  administration  of  the  Charity 


412  HOSPITALS. 

Tax  on  balls  Hospital  at  New  Orleans,  and  to  provide  a  revenue  for  its  sup- 
theatres  and  port,-'  approved  March  14,  1855,  be  and  the  same  is  hereby 
benefit"  of  ^  the  anf^^nded  and  re-enacted  so  as  to  read  as  follows :  "JSe  it  enactedy 
Charity  H  o  s  -  etc.,  That  for  every  public  ball  or  concert  the  sum  of  ten  dollars 
^'  *  ■  shall  be  paid  to  the  treasurer  of  the  hospital,  and  annually  for 

each  theatre,  one  hundred  dollars;  for  each  circus,  one  hundred 
and  fifty  dollars ;    for  every   menagerie,   fifty   dollars;  for  every 
show,   twenty-five   dollars.     And  it  shall   be    the   duty   of  the 
Mayor  of  the  city  of  New  Orleans,  in  authorizing  any  of  these 
exhibitions,  previously  to  require  the  receipt  of  the  treasurer  of 
Duty  of  the  the  hospital  for  the  payment  of  the  said  sums  respectively,  and 
dtv'of^New  Or^  ^^  ^^^®  ^^  should  issuc  any  license  without  such  receipt,  the  city 
leans.  of  New  Orleans  Shall  be  liable  therefor;  and  every  manager  or 

lessee  of  such  theatre  shall,  annually,  in   addition  to  the  sum  of 
one  hundred  dollars,  give,  at  such  time  as   the  treasurer  of  the 
hospital  may  designate,  giving  one  month's  notice  to  such  mana- 
Performance  S^^  ^^  lesscc,  a  theatrical  performance  for  the  benefit  of  the  hos- 
for  the  benefit  pital,  and  the  receipts  of  such  performance,  deducting  the  neces- 
pital,  sary  expenses,  shall  be  paid  over  to  the  treasurer  of  the  hospital; 

and  in  default  of  a  compliance  with  the  provisions  of  this  section, 
the  said  manager  or  lessee  shall  be  fined  in  a  sum  of  five  hundred 
dollars,  for  the  benefit  of  the  hospital,   recoverable  before  any 
court  of  competent  jurisdiction  by  the  treasurer  thereof. 
Report  to  be     Sec.  11.  That  within  twenty-four  hours  after  the  arrival  of  any 
m*a  n  d  e  r  s'of  vcsscl  at  its  placc  of  destination  from  any  foreign  port,  the  com- 
vesseis.  manding  officer,  or  any  other   officer  of  such  vessel,  shall  make, 

under  oath,  a  written  report  to  any  resident  hospital  commis- 
sioner, which  shall  state  the  name  of  such  vessel,  its  owners, 
officers  and  consignees,  the  place  where  its  voyage  began,  and 
the  name,  nation  or  birthplace,  race  or  color,  age,  occupation, 
place  of  first  embarkation,  and  place  and  time  of  debarkation  in 
this  State,  of  every  person  or  passenger,  not  of  the  crew  proper, 
and  not  a  citizen  of  the  United  States,  who  shall  have  landed 
from  such  vessel  within  this  State.  He  shall  report  in  like  man- 
ner whether  or  not  any  officer  of  such  vessel  has  collected  from 
any  person  or  passenger  not  a  citizen  of  the  United  States,  any 
commutation  money,  as  hereinafter  allowed  to  be  paid;  and  if  so, 
from  and  by  whom,  and  to  what  amount. 
Bond  to  be  Sec.  12.  That  every  person  not  a  citizen  of  the  United  States 
given  by  cer-  ^^^  above  the  age  of  ten  years,  arriving  and  landing  at  any 
place  within  the  limits  of  the  State  of  Louisiana,  from  any  for- 
eign port,  shall  in  like  manner  report  himself  to  any  resident 
hospital  commissioner,  and  when  tj^ey  are  above  the  age  of  ma- 
jority, or  by  their  parents  or  guardians,  when  under  the  age  of 
majority,  shall  give  bond  in  the  sum  of  one  thousand  dollars, 
with  one  or  more  joint  and  several  solvent  sureties,  resident  in 
the  parish  where  such  person  may  have  landed,  conditioned  that 
the  principal  in  such  bond  shall  not,  at  any  time  within  five  years. 


HOSPITALS.  413 

from  the  date  thereof,  become,  from  any  cause,  chargeable  in  any 

manner  to  the  State,  to  its  citizens,  or  to  any  charitable  institution 

within  its  limits,  unless  such  institution  be  voluntarily  supported 

by  foreigners  or  citizens  of  foreign  birth.     And  every  person  who  „      ,     , 

•'  °  "  ,  ,  .    Penalty  for  not 

shall  refuse  or  wilfully  neglect,  for  twenty- four  hours  after  his    giving  said 

arrival  and  landing,  to  make  report  and  give  bond  as  by  this  sec-     *'°"*^- 
tion  required,  shall  incur  a  penalty  of  fifty  dollars.     Persons  ar- 
riving and  landing  in  the  parishes  of  Plaquemines,  St.   Bernard, 
Orleans  or  Jefferson,  shall  report  themselves  in  New  Orleans, 
and  furnish  bond  with  surety  resident  in  the  city  of  New  Orleans.    ^ 

Commutation 

Sec.  13.  That  it  shall  be  lawful  for  any  person  referred  to  in  for  said  bond, 
the  foregoing  section,  who  may  be  unable  or  unwilling  to  furnish 
bonds  as  required,  to  commute  therefor,  by  paying  within  twen- 
ty-four hours  after  his  arrival  the  sum  of  two  dollars  and  fifty 
cents. 

Sec.  14.  That  the   commutation    payments   allowed     by   the    Said  commu-  . 
foregoing  section  may  be  lawfully  made  to  any  hospital  commis-  m*ent°to  whenn 
sioner,  or  to  the  clerk  or   commanding  officer  of  the  vessel   on  '"ade. 
which  the  person  making  such  payment  arrives.     And  every  such 
commanding  or  other  officer  shall  on  the  arrival  of  their  vessel, 
or  on  his  own  arrival,  forthwith  pay   over  to  any  hospital   com- 
ihissioner  the  sums  so  received  or  collected,  less  a  commission  of 
five  per  cenr.,  which  he  shall  be  entitled  to  retain  for  his  trouble. 

Sec.  15.  That  all  bonds  taken  or  reports  received  by  any  com-  Effect  of  bonds 
missioner,  as  aforesaid,  shall  have   the  force  and  authenticity  of     ^bo'^ve"     ** 
notarial  acts,  as  against  the  signers  thereof ;  and  every  person  not 
a  citizen  of  the  United  States,  claiming  to  be  exempt  from  mak- 
ing a  report  or  giving  bond,  shall  be   held  to  prove  his  exemp- 
tion. 

Sec.  16.  That  it  shall  be  the  duty  of  the  board  of  administra-  Hospital  Com- 
tion  to  appoint  one  or  more  commissioners,  removable  at  will,  to     missi oners, 

^^  their  appoint- 

be  styled  hospital  commissioners,  who  shall  have  power,  in  the  ment.  duties 
name  and  for  the  use  of  the  hospital,  to  sue  for  and  recover,  col-  *"  powers, 
lect,  receive  and  receipt  for,  all  commutation  money,  bonds, 
fines,  forfeitures  and  penalties;  the  commissioners  shall  each 
furnish  bond  satisfactory  to  the  president  and  administrators  at 
the  hospital,  for  the  faithful  performance  of  their  duties.  They 
may  also,  with  the  consent  and  approbation  of  the  president  and 
administrators,  appoint  deputies,  for  whose  acts  they  shall  be  re- 
sponsible, who  shall  be  vested  with  the  same  powers  and  duties 
as  themselves.  The  commissioners  and  deputies  shall  perform 
such  other  duties  as  may  be  imposed  on  them  by  the  board;  they 
are  all  vested  with  the  power  of  boarding  all  vessels  and  examin- 
ing their  log  books  and  other  documents,  and  with  all  other 
powers  reasonable  and  necessary  for  properly  enforcing  the  same 
in  all  its  parts,  they  being  responsible  for  the  abuse  of  their 
powers;  they  also  shall  have  authorit}'^  to  compound  for  penal- 
ties, fines  and  forfeitures   incurred  so  long  as  judgment  has  not 


414  HOSPITALS. 

been  rendered  for  the  same,  subject  always  to  the  control  of  the 
board. 

Bonds,  fines  Sec.  17.  Be  it  further  enacted,  etc..  That  all  bonds,  fines,  for- 
to^be°'*aid"to*^^^"''^*  *"^  penalties  shall  be  paid  to  and  belong  to  the  Charity 
Hospitai,  an  d  Hospital,  and  be  applied  to  the  medical  and  surgical  relief  of  the 
how  applied,    sick  and  destitute. 

Penalties  for     Sec.  18.  Be  it  further  enacted^  etc.,  That  any  persons  opposing 
certain  offences  Qj.  obstructing  in  any  manner  the  commissioners  or  their  depu- 
ties in  the  exercise  or  performance  of  their  ofHcial  duties  shall 
incur  a  penalty  of  not  less  than  twenty-tive  dollars  nor  more  than 
three  hundred  dollars.     Any  person  collecting  commutation  or 
other  money  on  behalf  of  the   Charity  Hospital,  or  belonging  to 
it,  and  concealing  the  fact,  or  not  paying  the  same  over  to  the 
proper  commissioner  or  agent,  on  demand,  shall  incur  a  penalty 
of  not  less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars.     Any  commanding  or  other  officer  on  any  vessel  refus- 
ing and  unreasonably  neglecting  to  report  shall  incur  a  penalty 
of  not  less  than  fifty  nor  more  than  five  hundred  dollars. 
Certain  laws      Sec.  19.  Be  it  further  enacted,  etc..  That  all   laws   contrarj^  to 
repealed,  jjjg  provisions  of  this  act,  and  all  laws   upon  the  same  subject 

matter  except  what  is  contained  in  the  Civil  Code  and  Code  of 
Practice,  be  repealed.  Act  approved  March  14.  185.5,  p.  203. 
No.  155. 

Act  of  1861,.  page  97,  Xo.  127:  see  also  1859,  Xo.  215,  p.  170; 
1861,  Xo.  264,  p.  202. 

Decisions  of  Supreme  Court. 

The  statute  of  March  12,  1838,  Sec.  4,  making  it  the  duty  of  the 
Mayor  of  Xew  Orleans,  before  authorizing  exhibitions  in  any 
theatre,  to  require  from  the  manager  the  production  annually  of 
a  receipt  from  the  treasurer  of  the  Charity  Hospital,  showing  the 
payment  by  the  manager  of  the  sum  of  five  hundred  dollars  for 
the  use  of  the  hospital,  is  not  unconstitutional.  The  exaction  of 
a  price  for  the  license  so  granted  is  not,  in  its  proper  legal  sense, 
a  tax.— 2  An.  550;  5  An.  380. 

The  Council  may  grant  permission  to  one  or  more  individuals 
to  erect  a  hospital  within  the  city.— 9  R.  R.  411. 

The  Common  Council  may  abate  private  hospitals  when  they 
become  nuisances. — 5  X.  S.  409. 

The  tax  created  by  the  statute  of  March  27,  1843,  providing  a 
fund  for  the  support  of  the  Charity  Hospital  of  Xew  Orleans,  being 
imposed  exclusively  on  the  passengers  and  not  on  the  officers  and 
crew  of  a  vessel,  can  not  be  regarded  as  a  regulation  of  com- 
merce, and  is  therefore  not  a  violation  of  the  United  States  Con- 
stitution, (Art.  1,  Sec.  82) ;  nor  are  its  provisions  inconsistent 
with  any  act  of  Congress  regulating  commerce,  or  prohibited  by 
the  act  of  Congress  of  April  8,  1812,  that  act  having  no  further 


HOSPITALS.  415 

application  since  the  admission  of  Louisiana  into  the  Union. — 7 
R.  R.  210.— (But  see  7,  Howard,  283.  U.  S.  Supreme  Court  Re- 
ports.) 

Ord.  No.  2477,  C.  S.,  providing  for  a  complete  incandescent 
electric  light  plant  for  Charity  Hospital,  repealed  by  Ord.  Xo. 
3231,  C.  S..  October  2,  1888. 

Small-pox   Hospital. 

Art.  919.  That  the  Comptroller  be  and  he  is  hereby      Advertising- 
directed  to  advertise  according  to  law  for  sealed   pro-  or'd!'No.To%%, 
posals  for  the  erection  and  maintenance  of  a  small-pox   March  12, 1895 
hospital  within  the  city  limits,  for  a  period  of  five  years 
from  date  of   signing   of   contract   in   accordance   with 
plans  and  specifications  adopted  by  the  City  Council 
and  on  file  in  the  office  of  the  City  Comptroller. 

Art.  920.  That  the  following  plans  and  specifications    Pi.^ns  and 

^   ^  ^  specifications. 

for  the  erection  and  maintenance  of  a  small-pox  hospital  ^^•^°-  *°'«o. 
within  the  city  limits  be  and  the  same  are  hereby  March  12, 1895. 
adopted : 

1.  The  contractor  shall  be  a  physician  of  this  city  of     Physician. 

'^  S   years' stand - 

at  least  five  years'  standing,  and  be  a  graduate  of   a  «ng- 
regular  medical  school. 

2.  He  shall  specify  the  location  of  the  proposed  hos-    Location.  ^^ 
pital,  as  also  its  capacity  and  the  number  of  buildings 
thereof,  as  well  as  apartments  and  employees. 

3.  He  shall  agree,  in  case  so  desired,  to  remove  said    Removal. 
hospital,  at  his  own  expense,  to  any  locality  within  city 
limits,    which   may  hereafter  be  recommended  by  the 
Council's  Committee  on  Public  Health  at  any  time  in  the 
future. 

4.  He  shall  bind  himself  to  maintain  said  small-pox     contract  for 

five  years, 

hospital  for  a  period  of  five  years  from  date  of  signing  ib. 

of  the  contract  on  the  terms  and  conditions  specified  in 
the  contract. 

Art.  921.  Thatthebidof  Dr.  J.  C.  Beard  for  the  care  Accepting  bid 

,  .    ,        of   Dr.   J.    C. 

and  treatment  of  small-pox  patients  m  accordance  with    Beard, 
specifications  approved  by  the  Council  be  and  the  same    c.'s. 
is  hereby  accepted,  and  that  the  Mayor  be  and  he   is 
hereby  directed  and  authorized  to  enter   into   notarial 
contract  with  the  said  Dr.  J.  C.  Beard   in  accordance 
therewith,  as  per  his  bid  of  April  1,  1895,  as  follows: 


416  HOSPITALS. 

For  the  treatment  and  care  of  small -pox  patients  up  to 
and  including  the  number  of  fifty  patients  in  any  one 
year,  $3000  per  annum,  payable  in  monthly  instal- 
ments ;  and  twenty-five  dollars  for  each  patient  in  excess 
of  fifty  in  any  one  year,  provided  that  the  hospital  as  at 
present  located  shall  be  removed  within  ninety  days 
after  the  signing  of  the  contract,  to  such  a  locality  as 
may  be  recommended  by  the  Committee  on  Public 
Health  of  the  City  Council. 

LEPROSY. 
Act  Ko.  80  of  1894. 

To  provide  for  the  appointment  of  a  Board  of  Control  for  the 
Leper  Home,  and  to  provide  for  the  care  and  treatment  of 
persons  so  afflicted  with  Leprosy. 

Board  of  Con-      SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
trol  of  Leper  2,oMma>ia,  That  a  Board  of  Control  for  the  Leper  Home,  consist- 

Mome  con-  '  i-  ^ 

stiiuted.  ing  of  seven  members,  to  be  appointed  by  the  Governor  of  the 
State,  by  and  with  the  advice  and  consent  of  the  Senate ;  whose 
duty  it  shall  be  to  provide  for  the  proper  care,  treatment  and 
maintenance  of  all  persons  in  the  State  of  Louisiana  who  are  now 
or  may  hereafter  be  afflicted  with  leprosy,  and  for  that  purpose 
they  shall  be  authorized  to  arrange  for  a  contract  with  any  re- 
sponsible physician  skilled  in  care  and  treatment  of  such  disease 
for  the  care,  treatment  and  maintenance  of  all  such  persons  so 
afflicted;  that  said  board  shall  have  power  to  remove  for  cause 
said  contracting  physician,  and  annul  his  contract,  and  to  enter 
into  a  new  contract  with  any  other  physician  in  accordance  with 
Act  Xo.  85  of  the  session  of  1892. 
Appropriation     Sec.  2.  Be  it  further  enacted,  etc.,  That  the  sum  of  five  thousand 

therefor.  dollars  be  and  the  same  is  hereby  set  apart  for  the  purposes  of 
repairing  or  constructing  and  improving  such  buildings  as  may 
be  necessary  for  the  purposes  of  said  institute. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  the  sum  of  ten  thousand 
dollars  per  annum  be  and  the  same  is  hereby  appropriated  for  the 
purpose  aforesaid,  and  the  Auditor  is  hereby  authorized  to  war- 
rant monthly  for  the  said  amounts  on  the  order  of  the  President 
of  said  board,  countersigned  by  the  Secretary  of  same. 
Board  to  meet     Sec.  4.  Be  it  further  enacted,  etc.,  That  as  soon  as  practicable 

and  organize,  g^j^gj^  ^j^g  appointment  of  said  board,  they  shall  meet  and  organize 
by  electing  a  President  and  Secretary,  whose  duties  shall  be  pre- 
scribed by  said  board.  All  vacancies,  whether  by  death,  resig- 
nation or  otherwise,  on  said  board.shall  be  filled  by  the  Governor. 
Sec.  5.  Be  it  further  enacted,  etc.,  That  the  amount  of  appro- 
priation provided  for  herein  shall  take  effect  and   be  available 


HOSPITALS.  417 

from  and  after  the  organization  and  appointment  of  said  board,  Appropriation , 
and  whose  salaries  shall  be  fixed  by  said  board  and  after  the  elec-     able, 
tion  of  said  physician  having  been  certified  to  by  the  Secretary 
of  State. 

Sec.  6.  Be  it  further  enacted^  etc..  That  all  laws  or  parts  of  laws 
in  conflict  herewith  be  and  the  same  are  hereby  repealed. 

Act  Xo.  85  of  1892. 

To  prevent  the  spread  of  leprosy  and  to  provide  for  the  treat- 
ment of  same  and  for  isolation  of  persons  afflicted  with  said 
disease  and  penalties  for  non-compliance  with  the  provisions 
of  this  act. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  whereas  the  disease  known  as  leprosy,  which  is 
contaminating  and  dangerous  to  the  public  health  and  welfare, 
exists  in  this  State,  and  that  persons  afflicted  with  said  disease 
are  permitted  to  be  at  large,  thus  endangering  public  health. 

Sec.  2.     Be  it  further  enacted,  etc..  That  all  persons  afflicted  or    providing  for 
suffering  with  said  disease  of   leprosy  shall  be  confined  in  an  in-  the  conffne- 
stitution  isolated  and  used  for  the  treatment  of  said  disease,  and  to  prevent  con- 
it  shall  be  a  misdemeanor  for  any  one  to  harbor  a  leper  or  lepers,  i  of  "the  ^vro*a^ 
and  the  penalty  to   be   imposed  upon   any  one  harboring  said  tion  thereof, 
leper  or  lepers  and  refusing  to  commit  them  to  the  care  of  said 
institution  shall,  on  conviction  before  any  committing  magistrate 
in  this  State,  be  subject  to  a  fine  of  not  less  than  five  dollars  nor 
more  than  $25  or  imprisonment  for  a  term  not  exceeding  thirty 
days ;  said  fine  shall  go  to  the  support  of  said  institution,  and  said 
party  so  found  to  be  a  leper  shall  be  committed  to  said  institu- 
tion.   That  whenever  it  shall  be  made  known  to  the  judge  of  the    Duty  of  the 
District  Court,  by  the  petition  and  oath  of  any  individual,  that  olst^jfci  Conit.* 
any  person  afflicted  with  leprosy  within  his  district  ought  to  be 
sent  to  or  confined  in  said  institution,  it  shall  be  the  duty  of  said 
judge  to  issue  a  warrant  to  bring  before  him  in   chamber  said 
person  so  afflicted  with  leprosy,  and  after  proper  inquiry  into  all 
the  facts   and   circumstances  of  the   case   if,  in  his  opinion,  he 
ought  to  be  sent  or  confined  in  said  institution,  he  shall  make  out 
his  warrant  to  the  sheriff  of  the  parish,  commanding  him  to  con-  Duty  and  com- 
vey  said  leper  to  said  institution ;  for  which  duty  the  sheriff  shall    ufe  *sh«iff.°* 
have  the  right  to  demand  the  same  fees  as  are  now  allowed  by 
law  for  the   conveyance  of  insane   persons  to  the  State    [nsane 
Asylum,  which  shall  be  paid  out  of  the  parish  treasury  upon  the 
order  of  the  district  judge,  and  likewise  all  other  expenses  pre- 
viously  incurred  in  bringing    said    person   before   the   district 
judge. 

Sec.  3.  Be  it   further  enacted,  etc.,   That    the    buildings   and  Buildings  and 
institution  situated  in  the  city  of  New  Orleans  in  this  State,  now  iJljers  * "  *  ^ '*"^ 
used  or  that  may  hereafter  be  selected  or  directed  to  be  used  for 
the  care  of  and  treatment  of  leprosy,  under  a  contract  with  the 


418  HOUSE   OF   REFUGE. 

city  of  Xew  Orleans,  by  virtue  of  an  ordinance,  No.  5785,  passed 
and  adopted  on  the  thirty-tirst  day  of  March.  1891.  shall  be 
the  institution  to  which  lepers  shall  be  sent  and  committed  under 
the  penalties  provided  for  in  section  2  of  this  act. 


HOUSE  OF  REFUGE. 

Mayor  to  ap       Art,  922.  That  immediately  itpon  the  passage  of  this 
^"o^d.  No^  2272  ordinance  the  Mayor  of  the  city  of  New  Orleans  shall 

May  10,  18S7.  appoint,  by  and  with  the  consent  and  advice  of  the  City 
Council,  seven  citizens  of  New  Orleans,  who  shall 
constitute  a  Board  of  Commission  for  the  manage- 
ment of  the  Boys'  House  of  Refuge  5  which  shall  be 
known  as  the  Board  of  Commissioners  of  the  Boys' 
House  of  Refuge ;  that  the  said  commissioners  shall 
hold  their  office  for  four  years,  or  until  their  successors 
shall  have  been  elected. 

Organization.  Art.  923.  The  Said  Board  of  Commissioners  shall,  at 
'  their  first  meeting,  elect  one  of  their  own  members  to 
be  President  of  the  board,  prescribe  his  duties  and  adopt 
rules  and  regulations  for  their  own  government. 
Ru'es  and  Art,  924.  The  Board  of  Commissioners  shall  have  the 
'^^"  ***°"^"  lb.  management  of  said  House  of  Refuge,  prescribe  the 
kind  and  amount  of  labor  to  be  performed  by  the  in- 
mates, make  rules  and  regulations  for  their  instruction, 
improvement  and  government,  and  perform  all  other 
acts  they  may  deem  necessary  and  proper  for  the  im- 
provement, or  to  carry  into  complete  effect  the  objects 
contemplated  by  the  laws  of  the  State,  relative  to  houses 
of  refuge  for  delinquent  and  juvenile  vagrants.  Pro- 
vided, however,  that  they  shall  not  make  any  agreement 
or  contract  for  the  payment  of  moneys,  except  for  the 
ordinary  supplies  and  expenses  of  said  House  of  Refuge, 
or  for  materials  or  tools  for  manufacturing  or  agricult- 
ural purposes  in  said  institution. 

Report.  Art.  925.  (4)  The  said  Commissioners  shall    report 

quarterly  to  the  Council  the  condition  of  said  House  of 
Refuge,  accompanied  by  such  information  and  sugges- 
tions in  relation  to  the  same  as  may  be  deemed  ex- 
pedient. 


H0U8E   OF   REFUGE.  419 


Inspection. 

lb. 


Art.  926.  (5)  The  standing  Committee  on  the  House  of 
Refuge  of  the  Board  of  the  Common  Council  shall  have 
authority  at  all  times,  to  inspect  the  minutes  of  the  pro- 
ceedings of  the  Board  of  Commissioners,  and  all  records 
of  this  institution,  and  it  shall  be  the  duty  of  said  com- 
mittee to  visit  the  House  of  Refuge  at  least  once  a 
month. 

Art.  927.  (G)  The  Commissioners  of  the  House  of.^^vS'and 
Refuge  be  and  they  are  hereby  authorized  to  appoint  such  slJ^on.''*""''^"" 
grade   and  number  of  officers  or  servants  as  they  may  ^^• 

deem  necessaiy  and  advantageous,  and  determine  their 
compensation. 

Art.  928.  All  children  found  pilfering,  all  children  g^J^^l^g^"''^  ^*- 
found  begging  within  the  limits  of  this  city ;  all  chil-  ^*'- 

dren  found  gathering  waste  merchandise,  lost  or  refuse 
articles,  unless  the  same  be  the  property  of  their  guardi- 
ans, employers  or  parents ;  all  children  engaged  in  any 
occupation  dangerous  to  the  morals,  or  of  a  tendency  to 
produce  habits  of  idleness  and  vice ;  all  children  who 
are  left  without  education  and  learn  no  honest  trade  or 
occupation ;  all  children  abandoned  to  themselves,  or 
who  are  not  provided  for  by  their  parents  with  the  pro- 
tection and  care  which  the  law  requires,  shall  be  deemed 
juvenile  vagrants,  and  shall  be  brought  before  the 
Mayor  or  any  other  competent  court,  and  shall  be  dis- 
posed of  according  to  the  laws  establishing  houses  of 
juvenile  delinquents  and  vagrants.  All  males  shall  be 
committed  to  the  Boys'  House  of  Refuge,  and  the 
females  to  the  House  of  the  Good  Shepherd. 

Art.  929.  (3)  In  every  case  where  a  child  shall  be  Termofcom- 
committed  by  the  Mayor  or  Recorder  or  other  competent  '     ib. 

court,  to  the  Boys'  House  of  Refuge  under  the  forego- ord!" No.*  3305! 
ing  section,  such  commitment  shall  be  until  such  time 
as  the  said  child  shall  have  attained  the  age  of  eighteen 
years ;  and  any  child  so  committed  shall  remain  an  in- 
mate of  said  House  of  Refuge  until  he  attains  the  age  of 
eighteen  years,  unless  previously  discharged  by  order 
of  the  Board  of  Commissioners  of  the  Boys'  House  of 
Refuge. 


420  HOTELS   AND   ROARDING-HOUSES. 

Without pav.      Art.  930.  (9)    The   members   of   the   board    hereby- 
created  shall  serve  without  any  pay. 
ofToTi'ce'Tnd     ^^'^^  ^^1-  (1^)  "^^^^  nothing  in  this  ordinance  shall 
Public    Build- 13()  }igi(j  ^Q  in^gj.fgj.g  ^itih  or   prevent  the  Commissioner 
i'^-  of  Police  and  Public  Buildings  from  having  charge  of 
the  buildings  in  which   the  House  of  Refuge  may  be 
established. 
certSn%Tof.     Art.  932.  That  square  Nos.  72,  75  and  78  bounded  by 
House^'o f"  Ret  St.  David,  Frcret  and  Arabella  streets  and  Nashville  av- 
o^d.  No.  io325,^ii^6>  ^^^  parts  of  squares  Nos.   71,  76  and  77   bounded 
*^'Feb.  12,  iSq5  by  St-  David,  Freret,  Joseph  and  Arabella  streets,  prop- 
erty belonging  to  the  city  of  New  Orleans  in  the  rear  of 
the  Shakspeare  Almshouse  in  the  Sixth   District  of  the 
city  of  New  Orleans,  be  and  the  same  is  hereby  set  apart 
and  dedicated   for   the   erection   and   maintenance  of  a 
Boys'  House  of  Refuge,  and  that  the    same    be   handed 
over  to  and    entrusted  to  the    Board  of   Commissioners 

appointed  under  ordinance ,  for  the  said   board   to 

carry  out  the  intendment  of  this  ordinance. 

Payment  of  unexpended  balance,  Ord.  Xo.  2309.  C.  S. 
Plans  and  specifications,  Ord.  Xo.  8371.  C.  S. 


HOTELS  AND   BOARDING-HOUSES. 
Slops  and     Art.  933.  Hereafter,  any  proprietor  of  any  hotel  or 
°*oi'd.  No.  5445  boarding-house  kept  in  this  city,  and  capable  of  accora- 
''^b^ec.  i860,     modating  more  than  seventy-five  boarders  or  lodgers, 
shall  keep  a  cart  well  covered  and  so  constructed  as  to 
be  capable  of  carrying  oflf  all  the  slops  and  offals  from 
said  hotels,  as  well  as  the  sewerage  from  their  water- 
closets  and  privies,  without  emitting  any  offensive  odors, 
at  the  hour  hereinafter  designated. 
To  deposit  in     Art.  934.  (2)  It  shall  be  the  duty  of  the  proprietor 
the  riTcr.     ^^  q£  every  such  hotel  or  boarding-house  to  cause  all  such 
slops,  offals  and  sewerage  from  their  respective  estab- 
lishments to  be  removed  in  a  cart,  constructed  as  afore- 
said,   and   emptied   into   the   Mississippi   river    at   the 
nuisance  wharves  of  the  city,  every  night,  between  the 
hours   of   11   o'clock   p.    m.  and  3  o'clock  a.  m.  ;  and 
on  failure  to  do  so  every  night,  as  above  ordained,  each 


etc. 


Penalty. 


HOTELS   AND    BOARDING-HOUSES.  421 

and  every  proprietor  so  offending  shall  be  liable  to  pay 
a  fine  of  one  hnndred  dollars,  recoverable  before  any  of 
the  Recorders  of  the  city  or  any  court  of  competent 
jurisdiction,  for  the  use  of  the  city. 

Art.  935.  (3)  Hereafter  it  shall  be  unlawful  for  the  ffo^pi'siwer- 
proprietors  of  any  hotel  or  boarding-house  in  this  city  ^^*' 
to  empty,  or  cause  to  be  emptied,  the  slops  or  offals  of 
their  respective  establishments  in  the  streets  of  this 
city,  or  to  establish  and  maintain,  or  to  maintain  and 
carry  on,  if  already  established,  any  sewer  from  their 
water-closets  or  privies  into  the  gutters  of  the  streets  of 
the  city ;  and  every  proprietor  of  any  hotel  or  boarding- 
house  violating  this  section  of  the  above-named  ordi- 
nance shall  be  liable  to  a  fine  of  one  hundred  dollars, 
recoverable  before  any  of  the  Recorders  of  this  city  or 
any  court  of  competent  jurisdiction,  tor  the  use  of  the 
city,  for  each  offence  and  for  every  day  that  such  sewer 
may  exist. 

As  to  removal  of  garbage,  etc.,  see  Garbage. 

ACTS  OF  THE  LEGISLATURE. 
An  Act  for  the  Protection  of  Hotel  Keepers. 

Section  1.  That  hereafter  each  and  every  landlord  or  keeper 
of  a  public  inn  or  hotel  in  this  State  shall  be  required  to  be  pro- 
vided with  an  iron  chest  or  other  safe  deposit  for  valuable 
articles  belonging  to  his  guests  or  customers ;  and  each  landlord 
or  hotel  keeper  shall  keep  posted  upon  his  doors  and  other 
public  places  in  his  house  of  entertainment  written  or  printed 
notices  to  his  guests  and  customers  that  they  must  leave  their 
valuables  with  the  landlord,  his  agent  or  clerk  for  safe  keeping,- 
that  he  may  make  safe  deposit  of  the  same  in  the  place  provided 
for  that  purpose. 

Sec.  2.  That  each  landlord,  hotel  or  innkeeper  as  shall 
comply  with  the  requirements  of  the  first  section  of  this  act  shall 
not  be  liable  for  any  money,  jewelry,  watches,  plate  or  other 
things  made  of  gold  or  silver  or  of  rare  and  precious  stones,  or 
for  other  valuable  articles  of  such  description  as  may  be  con- 
tained in  small  compass,  which  shall  be  abstracted  or  lost  from 
any  public  inn  or  hotel  if  the  same  shall  not  be  left  with  the 
landlord,  his  clerk  or  agent  for  deposit,  unless  such  loss  shall 
occur  through  the  fraud  or  neglect  of  the  landlord,  or  some 
clerk  or  some  servant  employed  by  him  in  such  inn  or  hotel; 
provided,  however^  that  the  provisions  of  this  section  shall  not 


422  HOUSE  NUMBERS. 

apply  to  a  wearing  watc.h.  or   such  other  articles  of  jewelry  as 
are  ordinarily  worn  upon  or  about  the  person. 

Act  approved  January  16.  1860.  Xo.  .5,  p.  7. 
See  section  52  of  Act  1856,  p.  136.  No.  164. 
See  also  act  approved  February  23.  1869.  p.  37.  Xo.  38. 


HOUSE  NUMBERS. 

Decimal  sys-     Art.  936.   (1)  That  a  decimal  system  of  numbering 

Ord.  No.  7909,  shall  be  adopted,  which  system  vrill  be  similar  to  that 

Aug,  1,1893.  adopted  by  the  cities  of  Philadelphia  and  St.  Louis. 

Plan.  Art.  937.   (2)  One  hundred  (100)   numbers  shall  be 

'  devoted  to  each  square,  so  that  the  first  square  on  the 

street   will  begin  with  the  numbers  101  and  102,  the 

second  square  with  201  and  202,  the  third  square  with 

301  and  302,  etc. 

Streets  parallel      Art.  938.  (3)  All  strccts  parallel  with  the  river  will 

lb.  begin  numbering  at  Canal  street,  north  and  south. 
Not  extending     Art.  939.   (4)  Such  strccts  as  are  parallel  with  the 
street.  I'ivcr  and  do   not  extend  to  Canal  street  will  begin  their 

numbering  at  the  end  nearest  Canal  street,  and  shall 
begin  with  the  decimal  designating  the  series  of  blocks 
at  which  it  begins, 
south "^^^  *"*^     ^^'^-  ^^^-  (^)  Such  streets  as  extend  on  both  sides 
^^-  of  Canal  street  and  having  the  same  name  shall  be  des- 
ignated by  the  term  '  *  North  ' '  and   ' '  South ; ' '  those  on 
the  upper  side  to  be   '*  South,"  and  those  on  the  lower 
side  to  be  <' North." 
thfiare."^"*"     Art.  941.  (6)  All  leading  streets,  or  streets  running 
^^-  from  the  river  to  the  lake,  shall  begin  their  numbering 
at  or  near  the  river, 
other  streets     ^jjrp   942.  (7)  Such   leading  streets  as  do  not  extend 
to  the  river  will  begin  their  numbering  at  the  end  near- 
est the  river,  and   to   begin   with   the   decimal   which 
designates  the  series  of  blocks  at  which  it  begins. 
Short  streets     Art.  943.  (8)  All    short   strccts   or   alleys   shall  be 
or  a  eys.     ^^  numbered  in  such  manner  as  deemed  most  advisable  by 
the  City  Council. 
Even  num.     Art.  944.  (9)  The  river  side  of  those  streets  which 
lb  run  parallel  with  the  river  shall  have  even  numbers. 


HOUSE   NUMBERS.  423 

Art.  94.5.   (10)  Odd  numbers  will  be  used  on  the  lake  ^'^^  ""'"''^'■^^, 
side  of  all  streets  running  parallel  with  the  river. 

Art.  94G.   (11)  All  leading  streets,  or  streets  leading  Even^^and  odd 
from  the  river  to   the  lake,  shall   have  even    numbers  ^*'- 

placed  on  the  south  or  up-town  side,   and  odd  numbers 
on  the  opposite  side. 

Art.  947.   (12)  Squares  will  be  divided  up   in  such    ^^^^  gfj^^^ 
manner   that   a   number   will   be   designated   for   each^*^*-  j,,^ 

fifteen  feet  (lo),  and  the  charts  will  be  made  accord- 
ingly- 

A  number  will  be  placed  on  all  improved  property,  '^*'"^  ^^^'^it', 
and  the  number  by  which  the  house  will  be  designated 
will  be  determined  by  the  distance  of  the  front  door 
from  the  corner. 

Art.  948.  (13)  A  suitable  number  will  be  selected  and  Numbertobe 
approved  by  the  City  Council,  and  the  furnishing  and  council.^ 
placing  of  these  numbers  shall  be  awarded  by  contract 
by  the  City  Council,  and  improved  property  in  the  city 
of  New  Orleans  shall  be  designated  by  such  number  as 
may  be  selected,  it  being  understood  that  this  cause  does 
not  prohibit  persons  from  having  the  number  of  their 
premises  painted  on  the  transom  of  the  door  or  placing 
any  other  style  of  number  on  the  building ;  provided  the 
number  selected  and  approved  by  the  Council  has  been 
placed  on  same  premises. 

Art.  949.  The  contractor  to    whom   the   contract   is    contractor  to 

,  .  p lace    n  u  m- 

awarded  tor  the  f  urnishmg  and  placing  of  these  numbers  "ers. 

,  ,  °       .  Ord.  N0.8706, 

Will  prepare  the  chart  as  designated  m  section  12  as  perc.  s. 
specifications,  and  will  place  numbers  in  position  ;  pro- 
vided, that  no  greater  charge  shall   be    made   for  the 
furnishing  and  placing  said  numbers  than  is  contained 
in  the  said  contractor's  bid. 

Art.  950.  When  the  contractor  is  prepared  to  furnish  ^°^''^^'  j^ 
the  numbers  he  shall  leave  notice  with  the  owners  or 
agents  of  properties  that  he  proposes  to  place  the  num- 
ber on  the  respective  houses,  in  accordance  with  this  or- 
dinance, and  at  the  same  time  as  the  notice  is  served  on 
the  owners  or  agents  of  properties  said  contractor  shall 
also  enclose  his  bill  for  the  price  of  said  number. 

Art.  951.  One  week  after  this  notice  has  been  served 


424  HOUSE   NUMBERS. 

upon  the  owner  or  agent  of  properties  the  said  contrac- 
tor shall  proceed  to  collect  the  amount  of  his  bill  and  to 
affix  the  numbers,  in  accordance  with  his  contract. 
Collection  of     Art.  952.  The  contractor  will  also  leave  notice  with 

bills. 

lb.  all  property  holders  or  agents  stating  the  time  the  orig- 
inal numbers  by  which  the  property  is  now  designated 
will  be  removed. 

Original  num-      Art.  953.  TMrtv  (30)  davs  after  the  contract  has  been 

bers  to  be  re-  »-     \        /  ^ 

moved.  duly  entered  into,  under  the  provisions  of  this  ordi- 
nance, the  owner  or  agent  of  any  property  who  has  failed 
to  remove  the  old  number  and  put  up  a  new  number  of 

c o  ntractor's  the  sizc,  quality  and  design  adopted  by  the  Council  the 
lb.  contractor  shall  put  up  a  new  number  and  take  down  the 
old,  and  on  failure  of  the  owner  or  agent  of  said  prop- 
erty to  pay  on  demand  the  cost  of  same  the  contractor 
is  authorized  to  enter  suit  and  obtain  judgment  for  the 
amount  claimed. 

Unlawful  to     Art.  954.  (15)  That   it   shall   be   unlawful   for   any 

renumber.  ^        '  ♦' 

Old.  No.  7909,  property  owner  or  agent  to  renumber  his  or  their  prem- 
ises when  built  or  number  existing  premises  without  ad- 
vising the  City  Engineer  and  obtaining  and  putting  up 
the  number  such  as  will  be  selected  and  approved  by  the 
City  Council. 

Charts  and  Art.  955.  (16)  That  the  charts  shall  be  bound  in  a 
lb.  thorough  and  substantial  manner  and  compiled  in  such 
order  as  to  be  easy  of  access,  and  the  City  Engineer 
shall  be  obligated  to  designate  in  proper  manner  all 
numbers  given,  and  it  shall  be  obligatory  on  the  office 
of  the  City  Engineer  to  keep  this  record  up  during  the 
continuance  of  this  ordinance,  and  it  shall  be  the  duty 
of  the  Committee  on  Public  Order  to  inspect  the  record 
and  insist  On  its  being  properly  kept. 

^n'fLe!  ^"^     ^^'^'-  ^^^-  "^^^^  ^^^  ^^^y  Engineer  will  designate  the 
"*•  time  when  the  old  numbers  will  be  removed  in  the  dif- 
ferent sections,  which  date  will  be  placed  on  the  notice 
left  by  the  contractor  at  each  house, 
ci^se''**''"^     Art.  957.  That  all  ordinances  or  parts  of  ordinances 
^''-  in  conflict  with  the  provisions  of  the  foregoing  ordinance 
be  and  the  same  are  hereby  repealed. 


IMPEACHMENTS   AND    REMOVALS. 


425 


HOUSES  VACANT— See  Offences. 


IDLE  PERSONS— See  Vagrants. 


City    officers 
City  charter. 


Committees. 
lb. 


IMPEACHMENTS  AND  REMOVALS. 

Art.  958.  (58)  The  Mayor,  Comptroller,  Treasurer, 
Commissioner  of  Public  Works,  Commissioner  of  Police 
and  Public  Buildings,  Recorders  and  City  Attorney 
shall  be  removable,  in  addition  to  the  causes  provided 
for  in  this  act,  for  malfeasance  in  office,  gross  neglect 
of  duty  or  disability  affecting  the  fitness  of  the  occupant 
to  fill  and  discharge  the  duties  of  the  position. 

Art.  959.  (59)  There  shall  be,  among  the  standing 
committees  of  the  Council  a  committee  of  five  members 
to  be  styled  "the  Committee  of  Public  Order,"  which 
committee  shall  be  charged  with  the  duty  of  conducting 
the  impeachment  of  said  officers  of  the  city,  and  pending 
such  impeachment  and  until  the  final  disposition 
thereof  the  party  impeached  shall  not  exercise  any  of 
the  functions  of  "his  office. 

Art.  960,  (60)  The  Council,  excepting  the  five  mem-  ^court  of  im- 
bers  of  the  Committee  of  Public  Order,  shall  have  full  i)> 

power  to  try  all  impeachments,  and  when  sitting  for 
that  purpose,  as  a  Court  of  Impeachment,  the  members 
thereof  shall  be  on  oath  or  affirmation.  The  Mayor 
shall  preside  over  said  court,  except  when  on  trial,  in 
which  case  the  president  pro  tern,  of  the  Council  shall 
preside. 

Art  961.  (61)  Upon  the  preferring  of  articles  of  Order  of  pro- 
impeachment  by  the  Committee  of  Public  Order  or  by 
any  six  members  of  the  Council,  or  twenty  citizens,  or 
by  the  Mayor,  the  accused  shall  be  placed  upon  trial, 
which  trial  shall  take  place  within  thirty  days  from  the 
notification  of  said  charges  to  the  party  impeached,  and 
no  person  shall  be  convicted  without  a  vote  therefor  of 
eighteen  members  of  said  Council.  The  Mayor  shall 
not  have  the  right  to  vote  in  the  final  judgment. 


ceeding. 


42()  INDIGENT   DEAD   AND   INSANE. 

Judgment ^^      Art.  962,  (62)  Judgments  in  eases  of   impeachment 
shall  not  extend  further  than  removal  from  office  and 
disqualification  from  holding  any  office  under  the  City 
Charter ;  but  the  party  convicted  shall  be  liable  to  in- 
dictment, trial  and  imprisonment  in  the  parish  prison, 
or  at  hard  labor  according  to  law. 
How  removed.     Art.  963.  (48)  The  Recorders  shall  be  removed  for 
'  any  of  the  causes  enumerated  in  Article  196  of  the  Con- 
stitution, and  in  the  manner  provided  in  Article  201  of 
the  Constitution. 
See  City  Council. 


INDIGENT  DEAD  AND  INSANE. 

Unlawful  to     Art.  964.  That  from  and  after  the  promulgation  of 

bring    indigent  •  *•  ^ 

dead  or  insane this  Ordinance  it  shall  be  unlawful  for  any  person,  per- 

to  this  city.  .  y    \  '   ' 

ord.  No.  3036.  sons  or  corporations  to  bring  or  cause  to  be  brought  the 

July  3, 1888.  body  of  any  indigent  dead,  or  any  indigent  insane  per- 
son from  any  other  State  or  parish  in  this  State  to  this 
city  for  interment  or  treatment. 

Penalty.  ^^  Art.  965.  That  every  violation  of  this  ordinance  shall 
subject  the  offender  or  offenders  to  a  fine  of  not  less 
than  twenty-five  dollars,  and  in  default  of  payment,  to 
imprisonment  for  thirty  days,  or  both,  at  the  discretion 
of  the  Recorder  having  jurisdiction. 

Repealing     Art.  966.  That  all  ordinances  or  parts  of  ordinances  in 

clause.  '■ 

lb  conflict  herewith  be  and  the  same  are  hereby  repealed. 
Cancel  ar-     Art.  967.  That  his  Honor  the  Mayor  be  and  is  hereby 

rangement  with  ^  «' 

Louisiana  Re-  dircctcd  to  canccl  the  present  arrangement  with  the  Sis- 
^Ord.  No  3774,  ^gj.g  Qf  the  Louisiana  Retreat. 
May  28, 1889.      Art   968.  That  the  Mayor  be  directed  to  make  a  new 
lb.  arrangement  with  the  said  Sisters  of  the  Louisiana  Re- 
treat for  the  care  of  the  city's  indigent  insane  on  a  basis 
of   not   more   than    sixty- five   cents   per  day  for  each 
patient. 
Limited.  Art.  969.  That  no  contract  shall  be  made  to  cover  an 

expenditure  in  any  one  year  over  and  above  the  amount 
appropriated  for  the  purpose  stated. 


JEFFERSON   CITY   GAS   LIGHT  COMPANY.  427 

Providing  for  payment  to  Louisiana  Insane  Asylum  at  Jackson, 
La.,  for  patients.  Ordinance  Xo.  3642,  C.  S..  amending  and  re- 
adopting  Ordinance  Xo.  3545,  C.  S. 

As  to  insane  persons,  see  Asylums. 


INSANE  PERSONS— See  Asylums  and  Indigent 
Dead  and  Insane. 


INSPECTION  OF  BOILERS. 

Ords.  Nos.  6647  and  6619,  C.  S..  declared  null  and  void  by  Su- 
preme Court. 


INSPECTOR  OP  WEIGHTS  AND  MEASURES— 

See  Weights  and  Measures. 


INSTITUTIONS,    PUBLIC— See    Asylums   and 
Hospitals. 


INSURANCE. 
Art.  970.  The  Mayor  and  Chairman  of  the  Finance  insurance  city 

"^  property. 

Committee  to  insure  such  city  property  as  in  their  opin-    ord.  No.  6359 
ion  may  be  found  necessary.  May  1^,1892. 

Art.  971.  That  all  laws  or  parts  of  laws  in  conflict  Repealing 
with  the  provisions  of  this  ordinance  be  and  the  same  "^  *"^*'  ib. 
are  hereby  repealed. 


INTERMENTS— See   Cemeteries. 


ITINERANT  VENDORS  OF  DRUGS— See  Medi- 
cines and  Mid  wives. 


JAILS — See  Prisons. 


JEFFERSON    CITY    GAS    LIGHT    COMPANY— See 

Gas  Companies. 


428 


JUDGMENTS. 

COLLECTION   OF   JUDGMENTS. 

Moneys  re-      Art.  972.  That  all  moneys  recovered  by  judgment  in 
judgment.        favor  of  the  city  be  paid  by  the  party  against  whom  the 
Ju»yi«873'     judgment  is  rendered,  or  by  the  sheriff  or  constable  col- 
lecting the   same,  directly  to  the   Administrator  of   Fi- 
nance on  the  warrant  of  the  Administrator  of  Public  Ac- 
counts, and  all  officers  and  employees  of  the  city  except 
said  Administrator  of  Finance  or  a  clerk  duly  authorized 
by  him,  are  hereby  prohibited  from  receiving  said  mon- 
eys or  any  part  thereof. 
Written  state-     Art.  973.  That  all  settlements  made  under  the  pre- 
ib.  ceding  section  shall  be  accompanied  by  a  written  state- 
ment signed  by  the  City  Attorney,  which  shall   be   filed 
in  the  Department  of  Public  Accounts. 
Setting  aside  money  to  pay  judgment   creditors,  Ord.  No.  2857. 


JUSTICES  OF  THE  PEACE— See  City  Courts. 


KEEPERS— See  Pounds. 


archives. 


Appointment.     Art.   974,   That    there    shall    be    appointed  by  the 

A.  s. '    °'  '"^^  Mayor,  by  and  with  the  consent  and  approval  of   the 

"^" "' '^^'"  Council,   a  Keeper  of  the  City  Archives.     His  salary 

shall    be     at     the     rate     of    fifty    dollars,     and    he 

shall  serve  during  the   pleasure  of    the    Council.      It 

will  be  his  duty  to  keep  open  during  office  hours  the 

room  containing  the  City  Archives,  cause  the  same  to  be 

properly  indexed  and  kept  in  a  proper  state  of  order  for 

Duties.         access   and   inquiry;    to    allow    no    books,    papers   or 

archives  of  any  kind   to  be  taken  thence,  except  upon 

the  order  of  the  Mayor  for  a  public  purpose,  and   du« 

receipt  taken    from   the   party   withdrawing  the   same 

descriptive  of  the  article  so  temporarily  withdrawn. 

See  Organization. 


KEEPERS.  429 


KEEPER  OF  THE  COURTHOUSE. 

Art.  975.  He    shall    every    morning,    at    an    early    His  duties. 
hour,  open  all  the   doors  and  windows   of   the    court-    Nov".,  1852?^  ' 
house;    cause   to   be   swept   and   dusted   the   different    May,' 1855! 
courts  and  offices;  place  the  seats  in  order;  and  during    jiliy.'flyo 
the  winter  light  fires  whenever  they  shall  be  necessary, 
and  supply  the  courts  with  good  water. 

Art.  970.  He  shall  take  care  that  the  carpets,  tables,  cleanliness 
seats  and  other  furniture,  as  also  the  ceilings  and  win- '  '   ib. 

dow-glasses,  be  constantly  kept  in  the  highest  state  of 
cleanliness,  and  shall  cause  to  be  swept  and  washed 
every  day  the  yard  and  lobbies. 

Art.  977.  Every  day,  as  soon  as  the  courts  shall  have  Fire  and  light, 
adjourned,  he  shall  cause  to  be  shut  all  doors  and  win- 
dows and  put  out  all  tires  and  lights,  and  shall  take  care 
that  no  person  shall  enter  the  courts  after  adjournment, 
or  pass  the  nights  therein.  It  is  well  understood  that 
the  provisions  of  this  article  shall  not  apply  to  officers 
of  the  different  courts. 

Art.  978.  He  shall  be  responsible  for  all  damage  and  Hisresponsi- 
injury  arising  from  carelessness  or  improper  conduct  of  ' ' ''  ib. 
his  servants  or  assistants. 

Art.  979.  The  said  keeper  shall  reside  in  said  court-  shaii  reside 
house  and  shall  sleep  there.     He  shall  not  absent  him-  h 


ouse. 

lb. 


self  during  the  day,  unless  he  leaves  some  person  in  his 
place  for  whose  acts  and  doings  said  keeper  and  his 
sureties  shall  be  responsible,  and  said  keeper  shall  not 
absent  himself  therefrom  during  the  night. 

Art.  980.  That  the  duties  imposed  on  the  Keeper  of      .  Additional 
the  Courthouse,  as  set  forth  in  Ordinance  No.  458,  ap-    oI^I.jh;. 
proved   27th   November,  1852,  be   so   construed   as   to 
apply  to  all  the  courts  and  courthouses  of   the  city  at 
present  existing  or  that  may  hereafter  be  established. 

JURY  AXD  JURORS  AXD  JURY  COMMISSIONERS. 

See  Act  170  of  1894.  p.  211,  entitled:  An  act  to  amend  and 
re-enact  section  2.  of  Act  98  of  1880,  entitled  :  '"An  act  to  organize 
the  Criminal  District  Court  of  the  parish  of  Orleans,  as  estab- 
lished by  Art.  130  of  the  Constitution  of  the  State;  to  create  a 
Board  of  Jury  C  -mmissionersfor  the  parish  of  Orleans,  providing 


430  LABOR   AND   LABORERS. 

for  the  appointment  of  same,  and  tilling  vacancies  therein; 
fixing  the  number  of  the  board,  defining  its  duties,  powers  and 

compensation ;  providing  for  the  manner  of  drilwing.  selecting 
and  empaneling  grand,  petit  and  tales  jurors  for  the  parish  of 
Orleans;  providing  for  the  division  of  the  Criminal  District  Court 
into  sections ;  providing  for  an  annual  vacation  for  each  of  the 
judges  of  said  court :  providing  for  the  transfer  of  causes  pend- 
ing in  the  Superior  Criminal  and  First  District  Court  for  the 

parish  of  Orleans  to  the  Criminal  District  Court  for  the  said 
parish ;  providing  for  the  appointment  of  a  shorthand  reporter  for 

the  Criminal  District  Court  for  the  parish  of  Orleans,  and  tlxing 

his  salary,  and  to  repeal  all  laws  Or  part  of  laws  in  conflict  here- 
with." 


LABOR  AND  LABORERS. 

Residents  of     Art.  981.  That  the  street  laborers  of  the  city  be  com- 

the  ward.  ** 

ord.  No.  70.  posed  of  resident  citizens  of  the   ward   in   which   they 

Jan.  16, 1883.  are   employed. 

Employment  Art.  982.  That  hereafter  in  all  contracts  let  by  the 
citizens^by  co"n.  city  of  Ncw  Orleans  for  public  works  of  every  kind  and 
Ord.  No.  10,486,  nature,  there  shall  be  written  into  the  said  contracts,  as 

Mar!  26, 189S.  one  of  the  conditions  and  specifications  thereof,  that  no 
public  contractor  on  any  public  work  within  the  city  of 
New  Orleans,  who  has  obtained  such  contract  from  the 
city  of  New  Orleans,  shall  employ  any  other  but  hona  fide 
resident  citizens  of  the  city  of  New  Orleans  as  laborers 
on  such  public  work  under  his  contract. 

Penalty.  Art.  983.  (2)  That  it  shall  also  be  considered  a  con- 

lb, 

dition  of  each  and  every  public  contract  mentioned  in 
section  1,  that  the  contractor  shall  pay  as  liquidated 
damages,  for  each  and  every  person  employed  in  viola- 
tion of  the  provisions  of  section  1,  a  penalty  of  twenty- 
five  dollars  ($25),  to  be  recovered  before  any  court  of 
competent  jurisdiction  for  the  benefit  of  the  Charity 
Hospital,  and  that  either  the  city  of  New  Orleans  or 
the  Board  of  Administrators  of  the  Charity  Hospital 
shall  have  authority  to  sue  for  and  recover  these  penal- 
ties. 
Bond.  ^^^  Art.  984.  (3)  That  the  bond  to  be  given  by  the  con- 
tractor, as  security  for  the  execution  of  said  contracts. 


LABOR   AGENCIES.  431 

shall  be  held  and  deemed  to  cover  liability  on  the  part 
of  the  surety  for  all  of  the  penalties  incurred  by  the 
contractor  in  violation  of  these  conditions  of  his  contract. 

Art.  98.1.  (4)  That  all  public  officials  charged  with    Part  of  con- 
the  preparation  of  specifications  of  contracts  for  public  ib. 

work  are  directed  to  write  the  above  conditions  in  all 
such  specifications,  and  the  City  Notary  is  specially 
charged  with  the  duty  of  seeing  that  the  conditions  in 
said  sections  1,  2  and  3  of  this  ordinance  shall  be  writ- 
ten into  and  made  part  of  every  notarial  contract  for 
any  public  work  let  out  by  the  city  of  New  Orleans. 

Hours  of  Labok— See  Employees. 
Transfer  of  Wages — See  Employ aen. 
Payments — See  Emphnjeps. 


LABOR  AGENCIES. 

ACT  ^O.  58  OF  1894. 

To  regulate  the  mode  and  manner  of  conducting  the  affairs  and 
business  of  Labor  Agencies  and  Bureaus  of  Employment. 

Section  1.  Beit  enacted  btj  the  General  Assembly  of  the  State  o/Mayor  to  grant 
Louisiina.   That  from  and  after  the  date  of  the  passage  of  this     ^"Jep'^'^abor 
act  that  no  one  shall  carry  on,  hold  or  keep  anj^  labor  agency  or     agency, 
bureau  of  employment  without  first  having  obtained  the  written 
permission  of  the  Mayor  of  the  city  or  town  wherein  said  agency 
or  bureau  is  to  be  located. 

Sec.  2.  Be  it  further  enacted,  etc..  That  before  any  person  or  Bond  required 
persons  shall  be  permitted  to  open,  keep  or  conduct  any  labor  °Jg„\g  "  **  "^ 
agency  or  bureau  of  employment  within  the  jurisdiction  of  said 
city  or  town,  he  shall  furnish  a  bond  with  good  and  solvent  secu- 
rity in  favor  of  the  Mayor  of  the  said  city  or  town  in  the  full  sum 
and  amount  of  tive  thousand  dollars  ($.5000),  conditioned  that  he 
shall  well  and  truly  carry  out  the  purposes  for  which  said  agency 
shall  have  been  established,  and  that  he  shall  pay  all  such  dam- 
ages which  may  result  from  his  actions  as  such  labor  agent  or 
keeper  of  said  bureau  of  employment;  and  that  anyone  who  may 
have  been  injured  and  damaged  by  said  agent,  by  any  act  done 
in  furtherance  of  said  business,  or  by  fraud  or  misrepresentations 
of  said  agents  or  keepers,  shall  have  a  right  to  sue  for  the  recov- 
ery of  such  damages  before  anv  court  of  competent  jurisdiction. 

Sec.  3.  Be  it  further  enacted,  etc..   That  any  one  violating  the     penalty, 
provisions  of  this  law  shall  be  subjected  to  a  fine  of  twenty-five 
dollars  for  each  violation  thereof,  or  imprisonment  for  not  more 


432  LANDS   AND   LEVEES. 

than  thirty  days,  or  both,  at  the  discretion  of  the  court  in  whose 
jurisdiction  the  offence  was  committed. 

Sec.  4.  Be  it  further  enacted^  etc..  That  this  law  shall  take  effect 
from  and  after  its  passage. 


LANDINGS — See  Wharves  and  Landings. 


LANDS  AND  LEVEES. 
Orleans  Levee  Boakd. 

Act  93  of  1890. 

To  establish  the  Orleans  Levee  District  and  the  Board  of  Levee 
Commissioners  thereof;  to  define  their  powers  and  duties;  to 
provide  a  revenue  therefor  and  to  repeal  conflicting  laws. 

Creating  the     SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
District.  ^^^*^  Louisiana,  That  the  parish  of  Orleans  be  and  the  same  is  hereby 
formed  into  a  public  Levee  District  to  be  known  as  the  Orleans 
Levee  District. 
Governor   to     Sec.  2.  Be  it  further  enacted,   etc..     That  the  Governor  shall 
appoint  com- immediately    upon  the    passage     of    this    act    appoint    seven 
™    '        ■        persons,    possessing    all    the    requisites   of    a    qualified  elect- 
or   in  said  parish,   to  serve   as    Commissioners    of  said  dis- 
trict,   four    of    whom   shall    hold    the   said    office   during   the 
term  of  three  years,  and  three  for  the  term  of  six  years  and  un- 
til their  successors  are  appointed  and  qualified,  and  in  case  of  a 
vacancy  by  death  or  resignation  or  inability  to  act.  such  vacancy 
shall  be  filled  by  appointment  by  the  Governor ;  and  as  said  terms 
of    oflice  expire  reappointment  shall  be  for  the  term  of  six  years. 
The    other    commissioners    shall    be,   ex-officio,    the    Mayor 
and  the  Commissioner  of  Public  Works  of  New  Orleans,  forming 
thus  a  board  of  nine  members. 

The  seven  commissioners  first  mentioned  shall  be  appointed 
from  the  several  municipal  districts  of  the  city. 
Board  of     Sec.  3.  Be  it   further  enacted,  etc..     That  said  commissioners 
JollTtft ute^'a  ^*^*1^  *^^^^^^*"^®  ^"^^  ^®  Styled  "The  Board  of  Levee  Commis- 
body  politic,     sioners  of  Orleans  Levee  District,"  and  such  are  hereby  con- 
stituted and  created  a  body  politic ;  with  needful    succession  and 
corporate  powers;  shall  have  power  to  sue  and  be  sued  in  their 
corporate  name ;  shall  have  a  common  seal,  and  shall  have  the 
franchise  and  power  to  do  and  perform  all  the  purposes  of  this 
act;  and  to  acquire,  hold,  own  and  convey  all  the  property,  real 
and  personal,  needful  in  the  premises,  and  to  alienate,  mortgage 
and  pledge  the  same  for  said  purposes. 


LANDS  AND   LEVEES.  433 

The  domicile  of  this  board  shall  be  in  the  city  of  New  Orleans.     Domicile    of 
where  it  shall  be   suable;  and   service   of  citation   shall  in  all 
cases  be  made  upon  its  president. 

Sec.  4.  Be  it  further  enacted^  etc.  ^  That  the  Governor  shall,  at    Time  and 
the  time  of  the  appointment  of  commissioners  hereunder,  appoint  P,'^ef,i,g^    ^^^^ 
the  time  and  place  of  the  first  meeting  of  said  board  in  Xew  Or- 
leans ;  and  the  members  appointed  and  ex-officio  shall  meet  and 
organize  by  the  election  of  a  president  of  their  own  number,  and 
a  secretary. 

The   president  shall   have   the   executive   power  proper  to  a     Powers  of  the 
president  of  a  board,  and  the  secretary  shall  keep  a  record  of  all  president  and 

,  ,  ,  ,.,,  the    duties    of 

proceedings,  and,  when  necessary,  attest  the  same,  and  shall  per-  the  secretary, 
form  such  other  duties  as  may  be  prescribed  for  him  by  the  board, 
and  the  board  shall  fix  his  salary. 

The  board  shall  have  the   power  to   adopt   all   necessary  and      Board  to 
proper  rules  of  proceedings  and  by-laws,  and,  in  the  absence  of  *°°P'    y"  *^*' 
the    president,    may    select  a   president  p7'o  tempore,   with    the 
game  powers,  during  such  absence. 

At  all  meetings  six   members  shall  constitute  a  quorum  for  any     Quorum, 
business. 

If  any  commissioner  appointed  by  the  Governor  shall  neglect       Removal  of 
or  refuse  to  attend  the  meetings  of  the  board,  or  to  discharge  his  members  of  the 

*  '  "  Board    and  ap- 

otficial  duty,  a  majority  of  the  board  shall  certify  the  fact  to  the  poimm  e  nt  of 
Governor,  who.  on  request  of  the  board,  shall  remove  such  com-  ^  eir successors 
missioner  and  appoint  a  successor. 

Sec.  5.  i?«  if /itr^Aer  enac^ef^,  efc.  That  for  the  purpose  of  pro- gpard   author- 
viding  the  revenue  to  carry  out  the   object  of   this  act,  a   district    >'-ed   to  levy 
levee  tax  on  all   taxable  property  in   said   district  not  exceeding    for  levee  pui- 
one  mill  on  the  dollar  of  its  assessed  valuation  shall  be  levied  by     P°®^^- 
said  Board  of  Levee  Commissioners   annually,  pursuant  to  Arti- 
cle 214  of  the  Constitution  and   its   amendments,  and  such  levies 
shall  be  made  for  the  year  1890  as  well   as  for   succeeding  years, 
and  it  shall  be  the  duty  of   the  assessors  for  the  parish  of  Orleans 
to  extend  the  said  tax  on  the  rolls  of   1890  and   succeeding   rolls 
whether  the  same  has  yet  been  filed  with  the  recorder  and  tax  col- 
lector or  not;  and  it  shall  be  the  duty  of  the  tax   collector  of  said 
parish  to  collect  the  said  district  levee  tax  in  the  same  manner  as 
State  taxes  are  collected  and  enforced,  and  to  settle  therefor  with 
the  State  Auditor  and  State  Treasurer;  and  the   said   fund   shall  ^.P""'?'^^  of  the 

r.  „■,  District    to    be 

be  kept  in  the  State  Treasury  as   a   separate  fund   in  a   separate  deposited  with 

account  to  the  credit  of  said   Board   of   Levee   Commissioners  of  treasurer.*  '  ^ 

the  New  Orleans  Levee  District,  and  the  same  shall  be   paid  out 

only  on  the  warrants  of  the  president  or  president  pro  tempore  of 

said  board,  attested  or  countersigned  by  the  secretary ;  provided, 

that  whenever  said  board  shall  find  that  said   levee   district  tax 

of  one  mill  is  producing  more  than  is  needful  for  the  construction 

and  other  expenses,  they  shall   make  a   proportionate   reduction 

of  said  tax,  and   thenceforth  the   same  shall   be  extended  on  the 

rolls  at  the  reduced  rate. 


434  LANDS  AND   LEVEES. 

The  approval     Sec.    6.    Be  it  farther   enacted,    etc..   That   the   said   Board   of 
oftheState-r  _  .. 

Board  of   En-  Levee  Commissioners,  as  to  location,  construction  and  repairs  of 
IbtaTned'  J'g^  ^^^  ^^"^^^s  necessary  to  protect  said  district,  shall  first  have  the 
fore  levee  work  approval,  in  writing,  of  the  State  Board  of  Engineers.     The  said 
Board  of  Levee  Commissioners  is  hereby  charged  with  the  con- 
struction and  repairs  and   invested  with  the  control  and  main- 
tenance of  all  levees  in  said  Orleans  district,  whether  on  river, 
lake,  canal,  or  elsewhere,  and  shall  proceed  as  rapidly  and  effect- 
Duty  of  the  ually  as  possible  to  put  the  same  in  such  state  as  to  amply  protect 

Board  ot  Levee  ^,  .,.,,..,  -■ 

Commissioners  the  property  Within  the  district  by  the  best  methods;  and  to  this 
end   may   employ  a  consulting  engineer  and  such  legal  counsel 
as  may  be  necessary,  and  such  assistants,  clerks,  inspectors  and 
guards  as  may  be  necessary,  and  fix  and  pay  the  compensation  of 
persons  so  employed. 
Mayor    to     It  Shall  be  the  right  and  duty  of  the  Mayor  of  New  Orleans  to 
sp°ciaT officer"  commission  as  special  officers  such  inspectors  and  guards  as  the 
board  may  nominate. 
Powers   of     All  levcc  work  or  work  of  similar   character,   except   that  re- 
cases  oTcmer"  Q^^red  by  emergency,  shall  be  advertised  to  be  let  out  by  sealed 
gency.  proposal  to  the  lowest  responsible  bidder,  reserving  to  the  said 

board  authority  to  reject  all  Inds.  In  case  of  emergency  said 
board  may  itself  build  or  repair  levees  to  protect  said  district 
without  such  competition,  but  with  the  approval  as  afoi-esaid  of 
the  State  Board  of  Engineers,  if  it  be  practicable  to  obtain  such 
approval ;  in  such  cases,  however,  spreading  on  its  minutes  a  state- 
„..    „  ment  of  the  reasons  of  such  action.     The  City   Surveyor   of  New 

City  Survevor  ■^  •' 

of  New  Orleans  Orleans,  who  shall  liereafter  be  styled  City  Engineer, 'shall  be  the 
engrneerof  the  ^hicf  engineer  of  said  board;  and  the  board  shall  pay  him  such 
Board.  salary  as,  with  the  salary  received  from  the  city,  shall  make  his 

compensation  for  all  official  service  to   the  city   of  New  Orleans 
or  parish  of   Orleans  not  exceeding  the  sum  of  thirty-five  hun- 
dred dollars. 
Officers  of  the      Sec.  7.    Be    U    further    enacted,    etc.,    That    it    shall    be    the 
SiTco'i'ii''ctduty    of    said    board    and    of    all     officers    charged    with    the 
taxes  until  aU  assessment  of  said  board,  and  of  all  officeis  charged  with   the 

oblierations     ol  ,  .,,.,1-1 

the  Board  are  assessment,  Icvy,  extension,  collection  and  custody  and  pay- 
P*'^"  ment  of  said  taxes  in  this    act  provided   to   collect,    levy   and 

extend,  and  disburse  the  same  as  herein  provided,  and  such 
duties  shall  exist  and  such  provisions  be  irrepealable  as  long 
as  any  obligations  of  the  said  board  are  unpaid,  and  said  provi- 
sions shall  always  be  enforcible  by  mandamus  and  injunction, 
and  by  other  suitable  remedy  in  court;  provided  further,  that 
said  commissioners  shall  not  contract  in  any  one  year  any  liabil- 
ity beyond  the  revenues  of  said  levee  district  for  two  years. 
Board  to  ex-  Sec.  8.  Be  it  further  enacted,  etc..  That  said  board  shall  have 
propnate  lands  £yu  pQ^ver  to  expropriate  any  lands  necessary  for  its  works, 
whether  in  the  parish  of  Orleans  or  in  adjoining  parishes,  by  the 
proceedings  provided  by  the  Civil  Code  of  1870,  Arts.  2(526  to  2641 


LANDS   AND   LEVEES.  435 

inclusive,  which  are  hereby  made  in  all  respects  applicable  to 
said  commission  and  its  works,  and  right  of  way  over  all  lands  of 
the  State  and  of  the  city  of  New  Orleans  is  hereby  granted  to 
said  commission  for  any  of  its  works. 

Sec.  9.  Be  it  further  enacted^  etc..  That  this  act  shall  be  liber- 
ally construed  to  effect  its  object,  and  shall  take  effect  from  and 
After  its  promulgation,  and  all  laws  in  conflict  herewith  are 
repealed. 

Act  79  of  1892. 

To  amend  and  re-enact  section  6  of  Act  No.  93,  approved  July  7, 
1890,  entitled  an  act  to  establish  the  Orleans  Levee  District 
and  Board  of  Levee  Commissioners  thereof;  to  deflne  their 
powers  and  duties,  to  provide  a  revenue  therefor,  and  to  re- 
peal conflicting  laws. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  section  6  of  Act  No.  93,  approved  July  7.  1890, 
entitled  "An  act  to  establish  the  Orleans  Levee  District  and  the 
Board  of  Levee  Commissioners  thereof:  to  define  their  powers 
and  duties;  to  provide  a  revenue  therefor,  and  to  repeal  con- 
flicting laws,"  be  so  amended  and  re-enacted  as  to  read  as  fol- 
lows : 

Sec.  6.  Be  it  further  enacted,  etc..  That  the  said  Board  of  Levee  Duties  of  the 
•Commissioners  is.herebv  charged  with  the   construction   and  re-  ^oAr^oi  Com- 

'^  missioners. 

pairs,  and  mvested  with  the  control  and  maintenance  of  all  levees 
in  said  Orleans  district,  whether  on  river,  lake,  canal  or  else- 
where. It  shall  also  be  the  duty  of  said  board  to  provide,  by  the 
best  method,  for  the  thorough  protection  of  said  district  against 
overflow,  and  to  this  end  said  board  shall  have  full  power  and 
authority  to  put  up  and  erect,  in  connection  with  its  levee  sys- 
tem, such  pumps,  floodgates  and  other  appliances  as  may  become 
necessary  to  carry  out  said  purpose;  provided,  that  the  said 
Board  of  Levee  Commissioners,  as  to  location,  construction  and 
Tcpairs  of  all  levees  on  the  river  front  of  said  district,  shall  first  may  e  m  p  To  y 
have  the  approval  in  writing  of  the  State   Board  of  Eng-ineers, ''"^'"^^''^'Kga' 

^'^  »  o  '  counsel,  assist- 

and  said  boai'd  may  employ  such  engineers  and  such  legal  coun-  ant  clerks, etc., 
sel  as  may  be  necessary,  and   such   assistants,   clerks,  inspectors  Ltion.*^""'^^" 
and  guards  as  may  be  required,  and  fix  and  pay  the  compensa- 
tion of  the  persons  so  employed. 

It  shall  be  the  right  and  duty  of  the  Mayor  of  the  city  of  New  Making  it  the 
Orleans  to  commission  as  special  oftlcers  such  inspectors  and  "f^  the^Mayor 
guards  as  the  board  may  nominate.  of  New  Orleans 

°  ''  to    commission 

All  levee  work  and  other  work  ordered  by  the  board,  except  '"jfj'rd^'^'''^  ^"^ 
that  required  by  emergency,  shall  be  advertised  to  be  let  out 
by  sealed  proposals  to  the  lowest  responsible  bidders,  reserv- 
ing to  said  board  the  right  to  reject  any  and  all  bids.  In  case 
-of  emergency  said  board  may  itself  build  or  repair  levees  and 
all   other  necessary  work  to  protect  said  district  without  such 


436  LANDS  AND   LEVEES. 

Manner  of  competition.  "  but  with  the  approval  as  aforesaid  of  the  State 

letting    out  „  ,,t^.  ...  ■  .  ,. 

work.  Board  of  Engineers,     in  such  cases,  however,  spreading  on  its 

minutes  a  statement  of  the  reasons  of  such  actions.     The  City 

T  h  e  c  i  t  y  Surveyor  of  New  Orleans,  who  shall  hereafter  be  styled  City  En- 

thc^'consuUing  ginccr.  Shall  be  consulting  engineer  of  said  board,  and  the  board 

engineer  of  the  jj^j^y  pg^y  j^j^^  such  salary  as  with  the  salary  received  from  the 

city  shall  make  his  compensation  for  all  official  services  to  the 

city  of  New  Orleans  or  parish  of  Orleans  not  exceeding  the  sum 

of  thirty-live  hundred  dollars. 

Sec.  2.  Be  it  further  enacted,   etc.,  That  all  laws  or  parts  of 
laws  contrary  to  or  in  conflict  with  this  act  are  hereby  repealed. 


PROTECTION    LEVEES. 

Cutting  gaps,  Art.  986.  (1)  That  it  shall  be  unlawful  for  any  person 
Oct.,'  i88i."  or  persons  to  cut  or  open  gaps  in  any  of  the  protection 
levees  within  the  incorporated  limits  of  the  parish  of 
Orleans,  or  to  remove  by  cart  or  otherwise  any  portion 
of  the  dirt  forming  or  having  formed  a  part  of  said  pro- 
tection levee,  without  first  having  obtained  the  written 
permission  of  the  City  Surveyor  and  the  approval  of  the 
Administrator  of  Improvements  officially  endorsed 
thereon.  Any  person  or  persons  violating  the  provi- 
sions of  this  ordinance  shall  be  fined  not  less  than 
twenty-five  dollars,  recoverable  before  the  Recorder  or 
lb.  committing  magistrate  within  whose  jurisdiction  the 
offence  may  have  been  committed,  and  in  default  of  pay- 
ment thereof  to  imprisonment  for  a  period  not  less  than 
thirty  days. 


Penalty. 


Gaps  and  open-     Art.  987.  (1)  That  from  and  after  the  passage  of  this 

Or^d.No.  sii, ordinance  it  shall  be  unlawful  for  any  person  or  persons 

Aug.  5, 1S84.  to  cut  gaps  or   openings   in   or   otherwise   impair   the 

security  of  any  portion  of  the  levee  on  the  river  in  front 

of  the  city  of  New  Orleans  without  first  having  obtained 

permission  from  the  City  Council. 

Permission  and     Art.  988.  (2)  That  in  all  cascs  whcrc  such  permission 

how  o  taine  .  ^^^  ^^^  ^^^  f  uturc  bc  givcu  by  the  City  Council ,  that  the 

party  to  whom  such   privilege  shall  be  granted   shall 

give,  in  favor  of  the  Mayor,  a  bond  in  the   sum  of  at 

least  two  hundred  and  fifty  dollars,  conditioned  that  he 

will  immediately  and  properly  restore  the  levee  on  no- 


LANDS   AND   LEVEES.  437 

tice  from  the  Commissioner  of  Public  Works,  City  Sur- 
veyor or  other  proper  officer  of  the  city  of  New  Orleans 
to  do  so ;  and  in  the  event  of  failure  to  restore  the  levee,    Pe^^ity. 
same  shall  be  done  by  the  city  of  New  Orleans  at  the 
cost,  charge  and  expense  of  the  person  failing  to  comply. 

Art.  989.  (3)  That  any  person  who  may,  without 
having  first  obtained  such  permission,  cut,  or  who  may 
<}ause  to  be  cut,  gaps  or  openings  in  or  across,  or  other- 
wise impair  the  strength  of  any  portion  of  the  levee  in 
front  of  the  city,  shall  be  deemed  guilty  of  a  misde- 
meanor and  shall  be  liable  to  a  fine  not  exceeding  one 
hundred  dollars  or  imprisonment  for  ten  days  in  the 
parish  prison,  or  both,  at  the  discretion  of  the  Recorder 
having  jurisdiction  of  the  case. 

Art.  990.  (4)  That  all  laws  or  ordinances  in  conflict ^j^I^p^'^'*  "s 
with  any  of  the  provisions  of  this  ordinance  be  and  the  ^''• 

same  are  hereby  repealed. 

Art.  991.  (1)  That  it  shall   be  unlawful  for  any  per- ,J/°^.fj^^tJ,<}° 
son  or  persons,  acting   either  for  themselves   or  in  any  »"^';^  j^^  g 
corporate  capacity,  to  cut,  open,    or   in   any  wise  impair  c.^^ 
the  protection   levee   recently  constructed  in  the  Fifth 
District  of  the  city  of  New  Orleans,  and  it  shall  be  the 
duty  of  the  police  or  officers  of  the  Department  of  Pub- 
lic Works  to  cause  the  arrest  and  imprisonment  of  any 
party  or  parties  who  shall  violate   the  provisions  of  this 
ordinance. 

Art.  992.  (2)  The   offence   charged   herein  shall   be    P'^naity. 
punishable  before  any  court  of  competent  jurisdiction 
with  imprisonment  for  not   more  than   six   months  or 
with  a  fine  of  not  less  than  $25  or  more  than  $100. 

carrollton  levee. 
Art.  993.  (1)  That  hereafter  it  is  strictly  prohibited  ^^Loes,  debris, 
to  land  or  float  logs,    debris,   shingle   bolts  or  parts  of  ^"|<^- No.  ma, 
logs,  boats  or  rafts  within   the   space   between  the  new    ^^^-  3.  'S's- 
and  old  levees  in  Carrollton,   also   the  erection   of  any 
hut  or  shed  against  the  revetment,  or  in  the  same  space  ^^^^  ^^  ^j^^^^ 
mentioned  above,  or  the  fastening  of  any  floating  object 
therein  to  the  revetment  5  also  the  landing  or  storing  of  ^ifis"""^  ™**** 
any  material  whatsoever  in  the  immediate  rear  of  the 


438  LANDS   AND   LEVEES. 

said  revetment  or  the   road   between   the  same  and  the 
earth,  or  on  top   of  the   anchors   of  the    revetment   re- 
cently constructed  on  the  point  of  Carrollton. 
Penalty.  Art.  994.  (2)  That  any  violation  of  the  provisions  of 

*  the  foregoing  ordinance,  the  party  or  parties  so  offend- 
ing will  be  liable,  on  conviction,  to  a  fine  of  not  less 
than  $25,  or  thirty  days'  imprisonment,  or  both,  at  the 
discretion  of  the  court, 

GRAZING   CATTLE. 

Grazing  on     Art.  995.  (1)  That  it  shall  be  and  it  is  hereby  made 

ord.No. 7679, the  duty   of  owners   of  cows,    horses,   mules,    hogs  or 

Mar,  21, 1882.  other  animals,  to  keep  them  from  grazing  or  roaming 

upon  any  of  the  public  levees  of  the  parish  of  Orleans. 

Penalty.  Art.  996.  (2)  That  the  owner  of  any  animal  found 

"  roaming  or  grazing  upon  any  of  the  public  levees  as 

aforesaid    shall  be  subject  to  a  fine  of  not  more  than 

$25  nor  less  than  $5  for  each  offence,  or  imprisonment, 

at  the  discretion  of  the  court,  of  not  less  than  ten  nor 

more  than  thirty  days. 

To  take  effec^.     Art.  997.  (3)  That  this  ordinance  shall  go  into  effect 

from  and  after  its  passage. 

or  w*t   ^^''^'     ^^'^-  ^^^-  (^)  "^^^^  ^^  '^^^^^  ^^^  ^^   lawful   for   any 

Ord.  No.  947,  owner,  agent  or  person  in  charge  of  any  raft,  vessel  or 

Oct.  7, 1884.    boat  propelled  by  steam  or  otherwise  to  land  or  moor 

the  same  against  or  alongside  any  bulkhead  or  levee 

where  no  wharves  have  been  built,  and  where  the  banks 

^    .     ^    ,      of  the  river  are  known  or  designated  as  caving  or  losing 

Caving  banks  ®  o  » 

ib-  banks  for  more  than  three  consecutive  days,  except  for 
the  purpose  of  loading  and  unloading  cargoes. 
Digging  pro-  Art.  999.  (2)  That  it  shall  not  be  lawful  for  any 
owner,  agent  or  person  in  charge  of  any  raft,  vessel  or 
boat,  propelled  by  steam  or  otherwise,  to  dig  or  cause  to 
be  dug,  any  portions  of  the  levees,  streets  or  landings 
for  the  purpose  of  sinking  or  securing  anchors  or  pieces 
Mooring  post,  of  timber  commonly  designated  as  deadmen,  for  the 
purpose  of  tying  or  mooring  any  raft,  vessel  or  boats  of 
any  kind;  provided,  this  does  not  exclude  the  right  of 
setting  mooring  posts  in  such  localities  as  may  be  desig- 
nated by  the  City  Surveyor. 


LANDS   AND    LEVEES,  439» 

Art.  1000.  (3)  That  it  shall  be  the  duty  of  the  City  city  surveyor^^ 
Surveyor  to  designate   to  wharfingers  such  portions  of 
the  river  banks  known  as  caving  or  losing  banks. 

Art.  1001.  (4)  That  any  person  or  persons  violating  Penalty.  ^^ 
any  provision  of  this  ordinance  shall  incur  a  penalty  of 
not  less  than  $10  and  not  more  than  $25,  or  imprison- 
ment not  to  exceed  thirty  days,  recoverable  before  any 
court  of  competent  jurisdiction,  for  the  use  of  the  city, 
and  a  further  penalty  of  $10  per  day  for  every  day  he  or 
they  shall  continue  to  violate  the  same. 

Art.  1002.  (5)  That  it  shall  be  the  duty  of  the  wharf-  wharfingers, 
inger  or  wharfingers  to  cause  forthwith  the  removal  of 
said  rafts,  vessels  or  boats,  after  legal  delay  of  three 
days  as  provided,  and  make  such  affidavits  as  may  be 
required  for  the  enforcement  of  any  provisions  of  this 
ordinance. 

Art.  1003.  It  shall  not  be  lawful  for  any  person  to  en-  Not  to  encum- 

.  nil  T  ber  with  sand, 

cumber  with  the  river  sand,  planks  and  staves,  the  levee  etc. 

in  front  of  the  city  of  New  Orleans,  from  the  upper  to    0.8.4166! 

the  lower  limits  of  said  city. 

Art.  1004.  It  shall  not  be  lawful  for  any  person  to  Not  to  damage. 
damage  or  inj  ure  in  any  way  the  levee  in  front  of  the  city. 

Art.  1005.  That  whoever  shall  violate  the  provisions  of    Penalty. 
this  ordinance  shall  be  subject  to  a  fine  not  to  exceed  c.  s.  *    °"'*^"'' 
twenty- five  dollars  or  imprisoned  in  the  parish  prison  for      ^*^- '  •  ' 
a  term  not  to  exceed  thirty  days,  or  both,  or  imprisoned 
in  the  said  parish  prison  for  a  term  not  to  exceed  thirty 
days  in  default  of  payment  of  the  fine,  to  be  imposed  by 
the  Recorder  of   the  district  wherein  the  offence  is  com- 
mitted ;  provided,  that  the  fine  shall  not  exceed  twenty- 
five  dollars  for  each  offence  nor  the  imprisonment  more 
than  thirty  days. 

Art.  1006.  It  shall  be  the  duy  of  the  several  wharf-  Duty  of  wharf- 
ingers in  their  respective  districts  to  carry  into  effect  '"ord^No.  4166, 
the  provisions  of  the  foregoing  ordinance. 

Art.  1007.  That  from  and  after  the  passage  of   this      obstruction 
ordinance  it  is  hereby  made   the  duty  of  the  Commis-  ""Duty^f  c°  m- 
sioner  of   Public  Works  to  remove  or  cause  to  be  re- pubUc'wJTrks? 
moved  by  the  owner,  owners,  or  agents  thereof,  or  any  c.s'.  '    °'*^^^'^ 
person  or  persons,  or  corporation,  acting  as   agent   or    °^'''  '^' '  ^* 


440  LANDS   AND   LEVEES. 

otherwise,  all  lumber,  building  material,  fuel,  fences, 
buildings,  constructions,  or  any  object,  or  thing  of  any 
nature  or  kind  whatsoever,  lying  on  the  battures,  or 
along  the  river  front,  or  on  the  levees,  which  obstructs 
the  levee  and  interferes  with  the  safety  of  or  is  an  ob- 
stacle to  the  construction  or  repair  thereof.  That  the 
said  Commissioner  of  Public  Works  shall  at  all  times, 
when  requested  by  the  Orleans  Levee  Board  or  its 
officers,  and  without  any  other  instructions,  cause  this 
Penalty.  ordiuaucc  to  be  fully  complied  with  and  executed.  That 
any  person  or  persons,  or  corporations  acting  either  as 
agents  or  otherwise,  who  shall  violate  the  terms  of  this 
ordinance,  or  fail  to  comply  therewith,  shall  be  subject 
to  a  fine  of  twenty-five  ($25)  dollars,  collectible  by  any 
competent  court  or  Recorder,  and  in  default  of  making 
payment  of  such  fine  be  imprisoned  not  less  than  ten 
days  nor  more  than  twenty  days  for  each  and  every 
offence. 
Commissioner  Art.  1008.  That  after  forty-cight  hours'  uotice  by  the 
Works  'to  re^  Commissiouer  of  Public  Works,  property  aforedescribed, 
"'°^^'  lb.  or  things,  are  not  removed  by  the  owner,  owners  or 
agents  thereof,  that  the  said  Commissioner  of  Public 
Works  is  authorized  and  empowered  to  cause  the  said 
removal  to  be  made  and  effected  at  the  expense  of  the 
said  parties. 
Removal    of     Art.  1009.  That  the  Mayor  and  the  Commissioner  of 

squatters   Jrom  -rr       ■,■,-,  i  ,         • 

Louisiana  Public  Works  bc  and  are  hereby  instructed  to  cause  the 

Avenue   to   up- 
per Seventh  entire   removal  of  all  obstructions  from   and   opposite 

District.  . 

ord.  No.  3777,  each  and  every  street  within  the  district  named,  and  to 
May,  38, 1S89.  keep  the  same  always  free  and  unobstructed. 

Art.  1010.  That  for  each  and  every  infringement  of 
lb.  the  above,  after  due  notice  given  by  the  Mayor  and  the 
Commissioner  of  Public  Works,  the  offender  shall  be 
liable  for  a  fine  of  not  less  than  five  dollars  or  more 
than  twenty-five  dollars,  or  to  imprisonment  not  exceed- 
ing thirty  days,  or  both,  at  the  discretion  of  the  Re- 
corder of  the  district  where  the  offence  shall  be 
committed. 

Art.  1011.  That  all  laws  or  parts  of  laws  in  confiic 
with  the  above  are  hereby  repealed. 


Penaltv. 


LANDS  AND  LEVEES.  441 


BATTURE. 

Art.  1012.  (1)  From  and  after  the  passage  of  this  Taking  of 
ordinance  no  permission  will  be  granted  for  the  taking  o.  s.  3029. 
out  of  sand  from  the  batture  in  front  of  the  city  unless 
by  certificate  of  the  City  Surveyor,  directed  to  the 
wharfingers  and  their  deputies,  setting  forth  the  filling 
required  by  the  location  of  the  property  to  be  filled ; 
that  no  person  or  persons  be  allowed  to  procure  sand 
from  the  levee  on  more  than  one  such  permit  at  any  one 
time,  and  only  at  such  places  as  may  be  designated  by 
the  City  Surveyor,  under  a  revokement  of  said  permit 
and  denial  to  such  parties  to  take  sand  from  said  bat- 
ture. 

Art,  1013.  (2)  No  sand  will  be  permitted  to  remain  or    sand  piled  on 
be  piled  on  the  levee  of  the  public  landing   for  a  longer  ^  *  ^^^®'    ib. 
period  than  five  days  under  forfeiture  of  said  sand   to 
the  use  of  the  city ;  and  that   the  wharfingers   and  their 
deputies  are  specially  charged  with  the  execution  of  this 
ordinance. 

Art.  1014.  (3)  It  is  hereby  made  the  duty  of   the  Dmyof 

wharfingers  and  their  deputies  of  the  city  to  receive  the  ib. 

permits  of  the  City  Surveyor  from  the  parties  desiring 
to  take  out  sand  from  the  batture,  to  designate  and  regu- 
late the  space  for  each  person  or  persons,  accordingly, 
for  the  accommodation  of  all ;  and  persons  taking  out 
«and  shall  occupy  such  space  allotted  to  them,  and  no 
more ;  and  in  case  any  person  shall  occupy  or  encumber 
any  other  place  than  that  designated  by  said  wharfingers 
or  their  deputies,  he  or  they  shall  become  liable  to  a 
forfeiture  of  the  privileges  granted  to  them  in  their 
permit  for  taking  out  sand  from  said  batture ;  and  that 
all  ordinances  be  and  the  same  are  hereby  repealed. 

Art.  1015.  That  all  permits  for  taking  sand  from  the, 


Permits    re- 


C.  S. 

are  hereby  revoked.  May  28, 1889. 

Art.  1016.  That  hereafter  no  further  permit  for  taking  ^   Deposits  to 

•^  ''be  made. 

sand  from  the  batture  in  front  of  the  city  under  said  ^^' 

ordinance  shall  be  issued  unless  the  parties  applying 
for  such  permit  shall  deposit  in  the  hands  of  the  Comp- 


442  LANDS   AND   LEVEES. 

troller  the  sura  of  twenty-five  to  seventy-five  dollars,  at 
the  discretion  of  the  City  Surveyor,  to  be  retained  by 
him  to  secure  the  repair  of  all  damage  done  to  the  levee 
by  said  parties.  When  any  and  all  damage  has  been 
repaired  to  the  satisfaction  of  the  City  Surveyor  said 
deposit  shall  be  returned ^io  the  party  holding  the  permit. 
Permits  under     Art.  1017.  That  all  permits  given  under  ordinance  No. 

Ord.  No.    3029, 

o.  s.,  revok-3029,  O.  S.,  shall  be  revocable  at  the  discretion  of  the 
lb.  City  Surveyor,  and  at  the  expiration  of  ten  days  after 
the  service  of  notice  of  revocation  of  permit  all  damages 
done  to  the  levee  by  hauling  sand  over,  along  or  through 
it  are  not  thoroughly  repaired  to  the  satisfaction  of  the 
City  Surveyor  by  the  holder  of  the  permit,  then  the  de- 
posit made  by  him  in  the  hands  of  the  Comptroller  shall 

Not  apply  to  '^^  *^  ^ 

levees.  be  forfeited  and  turned  over  to   the  Commissioner  of 

lb, 

Public  Works,  who  shall  make  therewith  the  necessary 
repairs ;  provided,  this  shall  not  apply  where  there  are 
no  levees. 
Permission  to     Art.  1018.  That  for  the  purpose   of   having   sand  to 

Orleans   Levee  ,  .  ,  ,  , 

Board.  utilize  for  the  topping  out  of  levees  and  other  purposes 

c.  s.  ■     ■       during  the  high  water  season  the  Orleans  Levee  Board 
"be  and  are  hereby  granted  permission  to  wheel  out  and 
place  on  the  levee  a  pile  of  sand  at  the  head  of  Race 
street  and  at  the  head  of  Louisiana  avenue. 
To  locate  on     Art.  1019.  That  the  Orleans  Levee  Board  shall  have 
lb.  the  right  to  wheel  out  sand  and  locate  same  on  the  levee 
at  such  other  points  as  they  may  desire ;  provided,  the 
location  of  the  pile  on  the  levee  is  designated  and  ap- 
proved by  the  Commissioner  of  Public   Works  and  the 
Wharf  Lessees  and  City  Engineer. 
Rice    chaffe     Art.  1020.  (1)  That  from  and  after  this  date   no  per- 

onbatture  .,,,  .,  ,  ,,  t 

A.  s.  7.H2.  son  or  persons  will  be  permitted  to  dump,  throw  or  de- 
posit any  rice  chaff  or  other  rice-mill  refuse  into  or  on 
any  batture  on  the  river  front  of  this  city,  except  such 
as  are  or  may  hereafter  be  set  apart  for  such  purpose  by 
the  Administrator  of  Commerce;  and  any  person  or 
persons  who  may  violate  the  same  shall  be  fined  in  a 
sum  of  not  less  than  five  nor  more  than  twenty-five  dol- 
lars for  each  and  every  offence,  and  in  case  of  failure  or 
inability  to  pay  such  fine  to  be  imprisoned  for  a  term  of 


LANDS   AND    LEVEES.  443 

from  five  to  twenty-five  days,  or  both,  at  the  discretion 
of  the  Recorder  in  whose  district  the  offence  may  have 
been  committed. 

WEST  END  REVETMENT  LEVEE  AND  LAKE  SHORE. 

Art.  1021.  (1)  That  the  Mayor  be  and  he  is  hereby    Reduction  of 
authorized  to  enter  into  a  contract  with  the  New  Orleans  *ord.  No.  4566, 
City  Railroad  Company,  whereby  said  road  shall  a^ree    june,  1878. 
to  reduce  the  fare  on  said  road  to  fifteen  (15)  cents  for 
the  round  trip  from  the  station  at  Canal  street  to  the 
New  Lake  and  return,  and  shall,  at  its  own  expense, 
cause  a  number  of  sheds  to  be  built  on  the  levee  at  the 
New  Lake   End   for  the   convenience   of    visitors,  the 
number  and  character  of  the  sheds  to  be  determined '^°j|'"^^g^^*j'^^jj^ 
hereafter ;  and  whereby  said  company  shall  engage  to    ""^"^  *^'*'*^' 
advance  the  necessary  money  to  repair  the  revetment 
levee  at  said  New  Lake  End,  and  for  the  reimbursement 
to  said  company  of  the  said  sum  of  money  so  to  be  ad- 
vanced for  repairing  said  levee,  it  shall  be  stipulated 
and  agreed  that  the  same  shall  be  payable  in  two  equal 
instalments,    on  the  first  day  of  March,  in  1879  and 
1880,  without  interest,  and  that  the  city  of  New  Orleans  imbureeme'Ltr' 
shall  receive  from  said  company  for  each  instalment  of 
the  indebtedness  it  may  incur  as  aforesaid  to  said  com- 
pany an  equal  amount  of  municipal  licenses,  due  and 
owing  by  the  company  to  the  city,  and  taxes  imposed  for 
general  purposes  for  the  year  in  which  said  instalments 
shall  mature. 

Art.  1022.  (1)  That  the  New  Orleans    City  Railroad  Exclusive  use 
Company  shall  have  and  enjoy  the  right  of  the  exclusive  mentlevle^ 
use  of  the  lake  front  of  the  revetment  levee,  situated  a.  s. '    °"  "^'  ' 
between  the  end  of  the  New  Canal  and  the  bridge  of  the 
Upper  Line  Canal,  for  the  period  of  twenty-five  years, 
upon  the  terms  and  conditions  herein  set  forth : 

Art.  1023.  (2)  That  said  company  shall  bind  itself  to  conditions, 
keep  said  revetment  levee  in  good  condition  and  repair ; 
plant  trees  upon  and  embellish  the  neutral  ground  in  the 
centre  of  same  with  flowers  and  shrubbery ;  shell  and 
make  a  good  walk  ten  feet  wide  on  the  lake  front  of 
said  revetment  levee ;    shell  the   space   inside  of   said 


444  LANDS   AND   LEVEES. 

neutral  ground  and  keep  the  same  in  good  order  for  a 
public  drive ;  and  also  keep  the  abutment,  as  per  speci- 
fications  on  file  in  the  office  of  the  City  Surveyor,  in 

To   build   a  goo<i  repair  and  order ;    build  a  hotel  with  restaurant 

Tiotei.  ^jj^j  ^  pavilion  over  the  waters  of  Lake  Pontchartrain  in 

front  of  said  revetment  levee,  in  accordance  with  plans 

and  specifications  to  be  adopted  by  the  Council ;  employ 

Policemen.  ^^'  l^ast  three  policemen  during  six  months  in  the  year, 
and  one  during  the  remaining  six  months,  at  its  own  ex- 
pense, who  shall  be  commissioned  by  the  Mayor  and  be 
under  the  supervision  of  the  officer  commanding  the 
suburban  police  precinct. 

Rights  inside     Art.  1024.  (8)  That  said  company  shall  have  no  right 
Teve"^^  ""  ^ "  whatever  on  the  inside  of  said  revetment  levee,  except 
*  to  so  much  of  the  space  thereof  which  may  be  neces- 
sary to  preserve  a  full  and  open  view  of  its  hotel  and 
pavilion,  which   is  hereby   reserved,   and  the   right  to 
which  is  hereby  also  granted  to  said  company  for  said 
purpose,  only  during  the  term  of  this  privilege. 
Revocation     Art.  1025.  (4)  That  for  the  proper  enforcement  of  and 
p  r  i^v  n"e|ef  "to  to  Carry  into  effect  the  provisions  of  this  ordinance,  all 
lb.  privileges  heretofore  granted  to  any  person  or  persons 
to  erect  booths,  buildings  and  other  structures  on  the 
lake  front  of  said  revetment,  or  over  the  waters  of  Lake 
Pontchartrain  in   front  thereof,  are   hereby  withdrawn 

and  repealed,  as  per  ordinance  No. ,  and  that  said 

company,  after  notifying  said  person  or  persons  owning 
or  occupying  the  same  to  remove  or  cause  to  be  removed 
the  same  within  a  period  of  sixty  days  from  the  service 
of  said  notice,  shall  have  the  right  to  remove  or  cause 
to  be  removed  said  booths,  buildings  or  other  structures 
at  his  own  expense,  should  said  person  or  persons  re- 
fuse, neglect  or  otherwise  fail  to  comply  with  said 
notice. 

To  keep  build-     Art.  1026.  (5)  That  said  company  binds  itself  to  keep 

p"ovements"^n  all  thc  improvements  herein  mentioned  upon  said  revet- 

^oo  or  e .  ^^  jjjgjj^  levee,  and  over  the  waters  of  Lake  Pontchartrain, 

in  front  of  the  same,  in  good  order  and  condition  during 

the  term  of  this  privilege,  and  at  the  expiration  of  same 

all  of  the  improvements  erected  on  said  revetment  levee 


LANDS   AND   LEVEES.  445 

shall  revert  to  the  city  of  New  Orleans  without  cost  or 
expense. 

LAKE    SHORE. 

Art.  1027.  That  the  permissions  granted  to  Robert  Revocation 
Rea  by  ordinance  No.  3415,  A.  S. ;  Albert  Frederick,  by  °  April, ^il?;! 
ordinance  No.  3442,  A.  S. ;  John  Schneckenberger,  by  ^'  ■^^'^' 
ordinance  No.  3508,  A.  S. ;  Juan  Mercadel,  by  ordinance 
3510,  A.  S.  ;  Peter  Johnson,  by  ordinance  No.  3513,  A. 
S. ;  Widow  S.  Chapuis,  by  ordinance  No.  3514,  A.  S. ; 
Andrew  Paratore,  by  ordinance  No.  3515,  A.  S. ;  Isidore 
Magnifico,  by  ordinance  No.  3519,  A.  S. ;  L.  Wessen- 
back,  by  ordinance  No.  3520,  A.  S  ;  James  Daly,  by  or- 
dinance No.  3618,  A.  S. ;  Christian  Land,  by  ordinance 
No.  3621,  A.  S. ;  W.  A.  Valentine,  by  ordinance  No. 
3650,  A.  S. ;  A.  M.  Mir,  by  ordinance  No.  3651,  A.  S., 
for  the  erection  of  certain  buildings  at  the  New  Lake 
End,  outside  of  the  protection  levee,  to  be  used  for  the 
purposes  specified  respectively  in  the  above  recited  or- 
dinances be,  and  the  same  are  hereby  revoked. 

Art.  1028.  (2)  That  hereafter  permits  will  be  granted    Buildings  on 
by  the  Council  of  the   city   of   New   Orleans  to  parties  End.  ^'^    *  ^ 
wishing  to  erect  buildings  inside  of  the  protection  levee  a.  s.'    °'^^^^' 
at  the  New  Lake  End  ;  provided,  said  buildings  be  erected 
according  to  the  plans  and   specifications   on   file  in  the 
office   of  the   Administrator   of  Commerce,    and  under 
the  supervision  of  the  City  Surveyor. 

Art.  1029.  (1)  That  hereafter  it  shall  not  be  lawful      Prohibiting 

transfer  of  per- 

for  any  party  or  parties,  who  may  obtain  permits  frommits, 

the  City  Council  to  erect  buildings  at  the  New  Lake  End,    June,  1877. 

to  transfer  and  set  over  said  permits  to  any  other  party 

or  parties  before  first  obtaining  the  consent  and  approval 

of  the  City  Council. 

Art.  1030.  (1)  That  the  City  Surveyor  be  and  he  is  ^"s'T' s 
hereby  instructed  at  the  earliest  practicable  time  to  make  -^p"'-  'S^'- 
an  exact  survey  of  the  ground,  commencing  at  the  canal 
and  extending  west  the  entire  length  of  the  revetment 
levee,  and  from  said  levee  back  or  toward  the  city  to 
the  line  or  lines  of  property  held  in  private  ownership, 
and  also  to  designate  what  buildings,  if  any,  or  other 


446  I.ANDS   AND   LEVEES. 

works  have  been  or  are  being  constructed  on  said  public 

ground  by  private  persons,  with  or  without  permission 

of  this  Council. 

Survey  ot  in-     ^RT.  1031.  That  the  City  Surveyor  be  and  is  hereby  in- 
ner lines.  J  J  J 

June,  1881.     structed  to  at  once  make  a  survey  of  the  inner  lines  of 

A.  S.  7134.  •' 

the  revetment  levee  at  West  End,  from  the  line  of  the 
New  Canal  to  the  line  of  the  Seventeenth  Street  Canal, 
and  divide  the  same  off  into  lots  or  spaces  of  seventy- 
five  feet  each,  with  twenty- five  feet  intervals ;  also  to 
furnish  the  Administrator  of  Commerce  with  a  complete 
plan  of  the  same,  showing  the  division  of  spaces  or  lots 
as  required  above ;    the  said  plan  to  be  part  of  the  rec- 
ords of  the  office  of  the  Administrator  of  Commerce, 
ot  ^ivTie"es°"     Art.  1032.  That  all  ordinances  or  resolutions  granting 
a"  s^V'i^z'*     privileges  to  individuals  or  corporations  on  the  lake  re- 
juiy,  i88(.     vetment  levee,  west  side  of  the  New  Canal,  not  secured 

A.  is.  7200.  '  ' 

by  notarial  act  with  the  city  government  be  and  the 
same  are  hereby  repealed. 
Rescinding     Art.  1033.  (1)  That  Ordinance  7142,  A.  S.,  as  far  as 

Tcvocation     ot.  .  p-i  •  i 

privileges.       it  applics   to   the   rcvocation  of   privileges   previously 
juiyi?88?.'     granted   to   the  Southern   Yacht  Club,  at  West   End,  is 
hereby   rescinded   and   the    Southern   Yacht   Club   are 
herewith  reinstated  in  all  the  rights  and   privileges    at 
present  enjoyed  by  them  at  West  End,  extending  to  and 
including  lots   Nos.  1  and  2,  as   per  plan   by  City  Sur- 
veyor. 
Lease  of  lots.     Art.  1034.  That  the  Administrator   of  Commerce  be 
A.  s' 7199!     and  he  is  hereby  authorized  to  advertise  in  the  official 
A.  s!  7243.     journal  during  ten  days  the  lease   by  sealed  proposals 
a"!'!?^)?.  ''  of  the  lots  or  building  spaces  on  the  inner  side  of  the 
revetment  levee  at  West  End  for  the  term  of  twenty-five 
years  from  the  date  of   lease,  commencing  at  lot   No.  6 
and  being  numbered  as  follows:  Nos.  6,   10,  12,  14,  16, 
18  and  20,  according  to  a  plan   made   by  the  City  Sur- 
veyor under  date  of  June  9, 1881,  according  to  ordinance 
No.  7134  on   file  in  the   office   of   the  Administrator  of 
Commerce,  and  to  be  made  a  part  of  this  ordinance,  all 
of  which  bids  are  to  be  accompanied   with  a   deposit  of 
fifty  dollars,  the  same  to  be  made  a  part  of   the  rental 
money  on  completion  of  notarial  act,  and  if  said   act  is 


LANDS   AND   LEVEES.  447 

not  signed  and  completed  within  thirty  days  fiom  the 
date  of  adjudication  the  amount  of  deposit  shall  be  for- 
feited and  become  the  property  of  the  city,  and  the  lot 
to  be  re-advertised  and  sold  in  accordance  with  the 
above  conditions.  The  said  lots  to  be  adjudicated  to  the 
highest  bidder  for  cash.  That  all  structures,  build- 
ings, etc.,  to  be  erected  on  said  building  spaces, 
shall  be  constructed  in  accordance  with  plans  and 
specifications  to  be  furnished  by  the  City  Surveyor 
and  to  be  approved  by  the  City  Council. 

Art.  1035.  (])  That  the  portion  of  the  harbor  inside  Mooring  place 
of  the  revetment  levee   from  the  New  Canal   to  Astre-    vlcht^ciub^" 
■do's  house   be   and  the  same  is  set  apart  and  designated    Mar.'/isfp. 
as  a  mooring  place  for  the  yachts  of  the  members  of  the 
Southern   Yacht   Club;    provided,  said   club   will  bind 
itself  to  place  a  keeper  at  the  bridge  at  the    intersection 
of  the  New  Canal  and  the  revetment  levee  and  also  keep 
said  bridge  in  good  repair  at  the  club's  own  expense. 

Art.  1036.  That  Ordinance  No. 4955  and  Ordinance  No.  Mooring  place 
7200,  A.  S.,  be  and  the  same  are  hereby  amended  so  as  to    Yacht  ciub." 
read  as  follows :     That  the  harbor  inside  the  revetment    c.'s.°'"'^°^' 
levee  from  the  New  Canal  to  the  upper  Protection  Drain-      '^''  ^^'  '^^" 
age  Canal,    and   from   a   line   running   in   the  rear   of 
lots  Nos.   1  to  25  inclusive,  as   per  plan   of   the   City 
Surveyor,  and  extending  to  the  lake  shore  front  inside 
the  revetment  levee  and  including  lots  Nos.    1  and  2, 
fronting  on  the  revetment  levee,  are  set  aside  and  desig- 
nated as  a  mooring  place  for  the  yachts  belonging  to  the 
members  of  the  Southern  Yacht  Club ;    and   the   said 
Southern  Yacht  Club  to  have  the  privilege  of  making 
such  betterments  and  improvements  as  they  deem  expe- 
dient to  provide  a  proper  harbor  for  their  vessels.     Such 
improvements  to  be  approved  by  the  City  Engineer. 

Art.  1037.  That  the  said  privilege  be  granted  to   the  Term  of  grant. 
Southern    Yacht    Club   for  the   period   of   twenty-five  ^^* 

years  from  the  passage  of  this  ordinance  for  and  in  con- 
sideration that  the  said  yacht  club  shall  keep  the  bridge 
joining  the  shellroad  to  the  revetment   levee   in    good     ,- 
order  and  to  maintain  a  keeper  for  said  bridge  at  their 
own  expense. 


448  LANDS   AND   LEVEES. 

Bescrvation.      ^rt.  1038.  The  citj  of  New  Orleans  reserving  the  right 
to  utilize  at  any  time  West  End  Bay  in  her  system  of 
drainage  or  for  any  other  purpose  the  city  may  require. 
citv^''^'^^'°"  to     ^RT   1039.    At   the  expiration    of  this  privilege  the 
lb.  buildings  and  improvements  shall  revert  to  the  city  of 
New  Orleans. 
Repealing     Art.  1040.  That  all  ordinances  or  parts  of  ordinances 
lb.  conflicting  with  the  provisions  of  this  ordinance  be  and 
the  same  are  hereby  repealed. 
Rivert/dfRow°      ^^'^'  1041.   That  pcrmissiou  be  and  is  hereby  granted 
'"Sec!"^88i.     ^^  *^^  Riverside  Rowing  Club  the  right  to  erect  a  boat- 
A.  s.  7476.     bouse  at  West  End,  or  New  Lake  End. 

.TOHN   SCHNECKENBERGER. 

Lot  7,  West  Art.  1042.  (1)  The  lot  or  building  site  on  the  inner 
■^ofd.  No.  77S6,  side  of  the  revetment  levee  at  West  End,  designated  by 
■^May2,  tss2.  the  uumbcr  7,  on  a  plan  in  the  office  of  the  Administra- 
tor of  Commerce,  made  in  accordance  with  Ordinance 
No.  7134,  be  and  the  same  is  hereby  let,  leased  or  hired 
to  John  Schneckenberger,  for  a  term  of  twenty-five  years 

Lease.  from  the  passage  of  this  ordinance,  for  and  in  consider- 

ation of  the  sum  of  two  hundred  dollars,  to  be  by  him 
paid  to  the  city  of  New  Orleans,  in  cash,  on  completion 
of  notarial  act. 

Proviso.  Art.  1043.   (2)  That   all  buildings  to   be   erected  or 

placed  thereon  shall  be  constructed  according  to  plans 
and  specifications  to  be  furnished  by  the  City  Surveyor, 
and  approved  by  the  Administrator  of  Commerce,  and 
the  construction  of  the  same  to  be  under  the  immediate 
supervision  of  the  said  Administrator  and  City  Surveyor, 
and  if  the  said  buildings  are  not  constructed  in  accord- 
ance therewith,  and  in  accordance  with  existing  ordi- 
nances, this  grant  shall  be  null  and  void.  The  said 
building  or  buildings,  at  the  expiration  of  said  lease, 
shall  revert  to  the  city  of  New  Orleans,  free  of  all  ex- 
pense, costs  or  charges  whatsoever. 

Notarial  act.  Art.  1044.  (3)  That  the  Houorablc  Mayor  and  Admin- 
istrator of  Finance  be  and  are  hereby  authorized  to  enter 
into  notarial  act   with  the  said  John  Schneckenberger 


LANDS   AND   LEVEES.  ^  449' 

(the  same  to  be  signed  and  completed  within  thirty  days 
from  the  passage  of  this  ordinance) ,  for  the  faithful  exe- 
cution of  said  lease,  according  to  the  conditions  herein 
set  forth. 

G.    C.    BOHNE. 

Art.  1045.  (1)  That  the  lot  or  building  site  on  the    Lot  13,  west 
inner  side  of  the  revetment  levee  at  West  End,  desig-    ord.No.  7826 
nated  by  the  number  13,  on  a  plan  in  the  office  of  the    iviay  i6, 1882. 
Administrator  of  (bommeree,  made  in  accordance  with 
Ordinance   No,    7134,  be   and  the  same   is  hereby  let, 
leased  or  hired  to  G.  C.  Bohne,  for  a  term  of  twenty- 
five  years  from  the  passage  of  this  ordinance,  for  and  in    Lease, 
consideration  of  the  sum  of  two  hundred  dollars,  to  be 
by  him  paid  to  the  city  of  New  Orleans,   in  cash,  on 
completion  of  notarial  act. 

Art.  1046.  (2)  That  all  buildings  to  be  erected  or  Proviso, 
placed  thereon  shall  be  constructed  according  to  plans 
and  specifications  to  be  furnished  by  the  City  Surveyor 
and  approved  by  the  Administrator  of  Commerce,  and 
the  construction  of  the  same  to  be  under  the  immediate 
supervision  of  the  said  Administrator  and  City  Surveyor, 
and  if  the  said  buildings  are  not  constructed  in  accord- 
ance therewith,  and  in  accordance  with  existing  ordi- 
nances, this  giant  shall  be  null  and  void.  The  said 
building  or  buildings,  at  the  expiration  of  said  lease, 
shall  revert  to  the  city  of  New  Orleans,  free  of  all  ex- 
pense, costs  or  charges  whatsoever. 

Art  1047.  (3)  That  the  Honorable  Mayor  and  Ad-  Notarial  act. 
ministrator  of  Finance  be  and  are  hereby  authorized  to 
enter  into  notarial  act  with  the  said  G.  C.  Bohne  (the 
same  to  be  signed  and  completed  within  thirty  days 
from  the  passage  of  this  ordinance)  for  the  faithful  ex- 
ecution of  said  lease,  according  to  conditions  hereinbe- 
fore set  forth. 

DANIEL  C.  HARRISON. 


lb. 


Art.  1048.  (1)  That  the  lot  or  building  site  on  the  in-  Lot  is,  west 
ner  side  of  the  revetment  levee  at  West  End,  designated  ^ol'd.  No.  775^ 
by  the  number  18,  on  a  plan  in  the  office  of  the  Admin-  ''^A^ii  18,1882. 
istrator  of  Commerce,   made   in  accordance  with  Ordi- 


lb. 


450  LANDS   AND   LEVEES. 

nance  No.  7134,  be  and  the  same  is  hereby  let,  leased  or 
hired  to  Daniel  C.  Harrison,  Esq.,  for  a  term  of  twenty- 
five  years  from  the  passage  of  this  ordinance  for  and  in 

Lease.  Consideration  of  the  sum  of  two  liundred  dollars,  to  be 

by  him  paid  to  the  city  of  New  Orleans,  in  cash,  on  com- 
pletion of  notarial  act. 

Art.  1049.  (2)  That  all  buildings  to  be  erected  or 

Proviso.  ^^  placed  thereon  shall  be  constructed  according  to  plans 
and  specifications  to  be  furnished  by  the  City  Surveyor 
and  approved  by  the  Administrator  of  Commerce ;  and 
the  construction  of  the  same  to  be  under  the  immediate 
supervision  of  said  Administrator  and  City  Surveyor. 
The  said  building  or  buildings,  at  the  expiration  of  said 
lease,  shall  revert  to  the  city  of  New  Orleans,  free  of 
all  expenses,  costs  or  charges  whatsoever. 

Notarial  act.  Art.  1050.  (3)  That  the  Houorablc  Mayor  and  Admin- 
istrator of  Finance  be  and  are  hereby  authorized  to  enter 
into  notarial  contract  with  the  said  Daniel  C.  Harrison, 
for  the  faithful  execution  of  said  lease,  according  to  the 
conditions  hereinbefore  set  forth. 


T.  BRUNING. 

Lot  i6,  West     Art.  1051.  (])  That  the  lot  or  building   site  on  the 
ord.  No.  776S inner  side  of  the  revetment  levee   at  West  End,  desig- 
Amended  by  uatcd  by  the  number  17  on  a  plan  in  the  office  of  the 
c.'s*     °' ^°^^  Administrator  of  Commerce,  made  in  accordance  with 
Ordinance  No.  7134,  be  and   the  same   is  hereby  let, 
leased  or  hired  to  T.  Bruning,  Esq.,  for  a  term  of  twenty- 
five  years  from  the  passage  of  this  ordinance,  for  and  in 
consideration  of  the  sum  of  one  hundred  and  fifty  dol- 
lars, to  be  by  him  paid  to  the  city  of  New  Orleans,  in 
cash,  on  completion  of  notarial  act. 
Proviso.  Art.  1052.  (2)  That  all  buildings   to  be   erected  or 

^^'  placed  thereon  shall  be  constructed  according  to  plans 
and  specifications  to  be  furnished  by  the  City  Surveyor 
and  approved  by  the  Administrator  of  Commerce,  and 
the  construction  of  the  same  to  be  under  the  immediate 
supervision  of  the  said  Administrator  and  City  Sur- 
veyor.    The  said    building  or  buildings,  at  the  expira- 


LANDS   AND   LEVEES. 


451 


tion  of  said  lease,  shall  revert   to   the  city  of  New  Or- 
leans, free  of  all  expenses,  costs  or  charges  whatsoever. 

Art.  1053.  (3)  That  the  Honorable  Mayor  and  Ad- 
ministrator of  Finance  be  and  are  hereby  authorized  to 
enter  into  notarial  contract  with  the  said  T.  Bruning 
(the  same  to  be  signed  and  completed  within  thirty 
days  from  the  passage  of  this  ordinance)  for  the  faith- 
ful execution  of  said  lease,  according  to  the  conditions 
herein  set  forth. 


Notarial   act. 
lb. 


JEAN    PI^AT. 

Art.  1054.  (1)  That  the   lot  or  building   site  on  the.    Lot  19, west 
inner    side  of    the    revetment     levee     at    West    End,   ord,  no.Sqh, 

AS 

designated  by  the  number  19,  on  a  plan  in  the  junez;,  issa. 
office  of  the  Administrator  of  Commerce,  made  in 
accordance  with  Ordinance  No.  7134,  be  and  the  same  is 
hereby  let,  leased  or  hired  to  Jean  Prat  for  a  term  of 
twenty-five  years  from  the  passage  of  this  ordinance,  for 
and  in  consideration  of  the  sum  of  one  hundred  and  Lease, 
twenty-five  dollars,  to  be  by  him  paid  to  the  city  of  New 
Orleans,  in  cash,  on  completion  of  notarial  act. 

Art.  1055.  (2)  That  all  buildings  to  be  erected  or  Proviso, 
placed  thereon  shall  be  constructed  according  to  plans 
and  specifications  to  be  furnished  by  the  City  Surveyor 
and  approved  by  the  Administrator  of  Commerce,  and 
the  construction  of  the  same  to  be  under  the  immediate 
supervision  of  the  said  Administrator  and  City  Surveyor, 
and  if  the  said  buildings  are  not  constructed  in  accord- 
ance therewith  and  in  accordance  with  existing  ordi- 
nances, this  grant  shall  be  null  and  void.  The  said 
building  or  buildings,  at  the  expiration  of  said  lease, 
shall  revert  to  the  city  of  New  Orleans,  free  of  all  ex- 
penses, costs  or  charges  whatsoever. 

Art.  105G.  (3)  That  the  Honorable  Mayor  and  Ad- 
ministrator of  Finance  be  and  are  hereby  authorized  to 
enter  into  notarial  act  with  the  said  Jean  Prat  for  the 
faithful  execution  of  said  lease,  according  to  the  condi- 
tions hereinbefore  set  forth. 


Notarial  act. 
lb 


452  LANDS   AND   LEVEES. 


E.  L.  ISRAEL. 

E.  L.  Israel.     Art.  1057.  (1)  That  forty  feet  by  one  hundred  feet  of 

Ord.  No.  8128,    ,  ^     \  .-,„,' 

A.  s.  the  space  on  the  inner  side  of  the   revetment   levee  be- 

tween the  sites  now  occupied  respectively  by  Thos.  H. 
Handy  and  John  Astredo,  on  which  now  stands  the 
yacht  house  of  E.  L.  Israel,   Esq.,  be  and  the  same  is 

Lease.  hereby  let,  leased  or  hired  to  the  said  E.  L,  Israel  for  a 

term  of  twenty  years  from  the  passage  of  this  ordinance 
for  and  in  consideration  of  the  sum  of  one  hundred  dol- 
lars, to  be  paid  by  him  to  the  city  of  New  Orleans,  in 
cash,  on  completion  of  notarial  act. 

Proviso.  Art.  1058.   (2)  That  on  or  after  the  expiration  of  this 

lease,  all  buildings  or  other  structures  erected  or  to  be 
erected  thereon  shall  revert  to  the  city  of  New  Orleans, 
free  of  all  expenses,  costs  or  charges  whatsoever. 

Notarial  act.  Art.  1059.  (3)  That  the  Houorablc  Mayor  aud  Admin- 
istrator of  Finance  be  and  are  hereby  authorized  to  enter 
into  notarial  contract  with  the  said  E.  L.  Israel  for  the 
faithful  execution  of  said  lease  according  to  the  condi- 
tion therein  contained, 
ciause^^"^^'"^  Art.  1060.  (4)  That  all  ordinances  or  parts  of  ordi- 
^^-  nances  in  conflict  herewith  be  and  the  same  are  hereby 
repealed. 

Plans  and  Art.  1061.  (5)  That  E.  L.  Israel  be  required  to  erect 
speci  '^'^ '°"^|j^jjg  |^^^-j(jl^-^gg  (jj-j  g^^^  property  according  to  plans  and 
specifications  to  be  furnished  by  the  City  Surveyor,  and 
in  default  of  same  this  privilege  to  be  null  and  void ; 
provided,  that  this  does  not  interfere  with  any  grant 
previously  made  by  the  city. 

fui^iss?'  ^^^'  -^^^^'  ^^^  ^^^^  ordinances  Nos.  4481,  7047  and 
7121,  conveying  to  said  Thos.  H.  Handy,  agent,  and 
John  Astredo  and  Antonio  Cordero,  certain  privileges 
according  to  the  conditions  therein  contained,  be  and  the 
same  are  hereby  reinstated  and  renewed,  and  is  hej-eafter 
to  be  of  full  force  and  effect,  and  that  the  said  grantees 
shall  enjoy  the  full  benefits  of  said  lots  or  building 
spaces  during  the  full  term  of  their  original  grant  and 
according  to  the  conditions  contained  in  each  respective 
ordinance. 


LANDS   AND   LEVEES.  453 

Art.  1063,  (3)  That  Ordinance  No.  4481  be  amended    Reversion. 
that  at  the  end  of  twenty-five   years  the   said   improve- 
ments and  buildings  of  the  said  Thomas   H.    Handy, 
agent,  revert  to  the  city  of  New  Orleans  without   ex- 
pense whatsoever  to  the  city. 

Art.  1064.  (1)  That  Joseph  Merancovich  be  and   is  t.'^h"  Handy! 
hereby  recognized  as  the  transferee  of  the  rights  and  c.^'!^"  ^°'  ^^' 
privileges   in   and  to  a  certain  lot  or  space   of   ground    "^"'^  ^^'  '^'^* 
with  buildings  thereon,  situated  at  West  End  revetment 
and  granted  to  said  Thos.  H.  Handy,   agent,  by  Ordi- 
nance No.  7198,  A.  S.,  said  transfer  having  been  made 
by  notarial   act  before  Samuel   Flower   under   date   of 
April  14,  1883. 

Art.  1065,  (1)  That    the     lot    or    building     space    Lease  of  lot 

.  -,  „        ,  ,  -TTT-  to  A.  Frederick 

on  the  inner  side  of  the  revetment  levee  at  West  a.  s,  7.-63. 
End,  designated  by  the  number  10  on  a  plan  a,  s,  7381. 
in  the  office  of  the  Administrator  of  Commerce, 
made  in  accordance  with  Ordinance  No.  7134,  be 
and  the  same  is  hereby  let,  leased  or  hired  to  Albert 
Frederick,  Esq.,  for  a  term  of  twenty-five  years  from 
the  date  hereof,  for  and  in  consideration  of  the  sum  of 
four  hundred  dollars  to  be  by  him  paid  to  the  city  of 
New  Orleans  on  completion  of  notarial  act  ;  and 
provided,  that  all  buildings  to  be  placed  there- 
on .  shall  be  constructed  according  to  plans  and 
specifications  to  be  furnished  by  the  City  Surveyor 
and  under  the  supervision  of  the  Administrator  of  Com- 
merce, and  at  the  expiration  of  said  term  of  lease  the 
said  building  or  buildings  to  revert  to  the  city  of  New 
Orleans,  free  of  all  expenses,  costs  or  charges  whatso- 
ever. 

Art,  1066,  (2)  That  the  Honorable  Mayor  be  and  is 
hereby  authorized  to  enter  into  notarial  act  with  the  said 
Frederick  for  the  lease  of  said  lot  number  10,  according 
to  the  conditions  hereinbefore  set  forth, 

E,  S,  BOWMAN. 

Art.  1067.  (1)  That  the  lot  or  building  space  on  the 
inner  side  of  the  revetment  levee  at  West  End,    desig- 


454  LANDS  AND  LEVEES. 

jj-j"*  "•  West  nated  by  the  uumber  12,  on  a  plan  in  the  oflace  of 
^o^d.  No.  7787  ^Ijg  Administrator  of  Commerce,  made  in  accordance 
o^'"No.^6si7  ^^^  Ordinance  No.  7134,  be  and  the  same  is  hereby  let, 
^■^-  leased  or  hired  to  E.  S.  Bowman,  for  a  term  of  twenty- 

five  years  from  the  passage  of  this  ordinance,  for  and  in 
Lease  Consideration  of  the  sum  of  two  hundred  dollars,  to  be 

paid  to  the  city  of  New  Orleans  on  completion  of  notarial 
act. 
Proviso.  ^^  ^RT.  1068.  (2)  That  all  buildings  to  be  erected  or 
placed  thereon  shall  be  constructed  according  to  plans 
and  specifications  to  be  furnished  by  the  City  Surveyor 
and  approved  by  the  Administrator  of  Commerce,  and 
the  construction  of  the  same  to  be  under  the.  immediate 
supervision  of  the  said  Administrator  and  City  Sur- 
veyor. The  said  building  or  buildings,  at  the  expira- 
tion of  said  lease,  shall  revert  to  the  city  of  New  Or- 
leans, free  of  all  expenses,  costs  or  charges  whatsoever. 
Notarial  act.  Art.  1069.  (3)  That  the  Honorable  Mayor  and  Ad- 
ministrator of  Finance  be  and  are  hereby  authorized  to 
enter  into  notarial  contract  with  the  said  E.  S.  Bowman 
(the  same  to  be  signed  and  completed  within  thirty  days 
from  the  passage  of  this  ordinance),  for  the  faithful 
execution  of  said  lease,  according  to  the  conditions 
hereinbefore  set  forth. 

MICHAEL    CARROLL. 

End.'  ^*  ^"'     Art.   1070.    (1)    That    the  lot    represented    by  the 
c.^s!^- ^°- ^^^' number     9,     on    a     plan    drawn    by    the     City   Sur- 
Aprii24,  i883.ygyQj,^    and  on   file  in    this    office,    on  the    inside    of 
the   revetment   levee  at  West  End,  be    and   the   same 
is   hereby    let,    leased   and    hired    unto   Michael    Car- 
Lease.  j.qY[  for  the  term  of  twenty-five  years  from   the  date  of 
the  promulgation  of  this  ordinance,  for  and  in  considera- 
tion of  the  price  and  sum  of  one  hundred  dollars,  to   be 
paid  to  the  city  of  New  Orleans,  in  cash,  on  completion 
of  notarial  act  accepting  this  ordinance ;  provided,  that 
Reversion,     after  the  expiration  of  this  lease  all  buildings   and   im- 
provements on  the  property  shall  revert  to  and  become 
the  property  of  the  city  of  New  Orleans  without  any  cost 
or  expense  whatever. 


LANDS   AND   LEVEES.  455- 

Art.  1071.  (2)  That  the  Mayor  be  authorized  to  enter    Notarial  act 
into  contract  for  said   lease,  that  the  buildings   to   be 
erected  on  said  lot  shall  be  according  to  plans  and  specifi 
cations  to  be  furnished  by  the  City  Surveyor. 

Art.  1072.  (3)  That  all  ordinances  or  parts  of  ordi- ^jRlJ^^^i'^'s^ 
nances  in  conflict  with  this  ordinance   be  and   the  same 
are  hereby  repealed. 

ACT   OF  LEGISLATURE. 

Act  No.  42  of  1855. 

Section  1.  That  whenever  the  riparian  owner  of  any  property 
in  the  incorporated  towns  or  cities  in  this  State  is  entitled  to  the 
right  of  accretion,  and  batture  has  been  formed  in  front  of  his 
land  more  than  is  necessary  for  public  use.  which  the  corporation 
withholds  from  him,  he  shall  have  the  right  to  institute  suit 
against  the  corporation  for  so  much  of  the  batture  as  may  not  be 
necessary  for  public  use ;  and  if  it  be  determined  by  the  court 
that  any  portion  of  it  be  not  necessary  for  public  use,  it  shall 
decree  that  the  owner  is  entitled  to  the  property,  and  shall  com- 
pel the  corporation  to  permit  him  to  enjoy  the  use  and  owner- 
ship of  such  portion  of  it. 

Decisions  of  Supreme  Couut. 

Batture  is  an  elevation  of  the  bed  of  a  river  under  the  surface  of 
the  water ;  it  is,  however,  sometimes  used  to  denote  the  same 
elevation  when  it  has  risen  above  the  surface  of  the  water.  6  M. 
E.  216. 

The  intervention  of  a  public  road  between  the  front  tract  and 
the  river  does  not  deprive  the  proprietor  of  the  tract  of  his  right 
to  the  batture.     6  M.  R.  230,  and  18  La.  R.  236;  8  N.  S.  876. 

By  alluvion  is  understood  that  which  is  added  to  land  little  by 
little,  so  that  we  can  not  know  how  much  is  added  at  each  moment 
of  time;  he,  therefore,  who  owns  land  bounded  by  the  river 
acquires  whatever  is  added  to  it,  as  he  supplies  the  loss  of  that 
which  is  taken  from  it.     9  M.  656. 

The  right  to  take  earth  and  sand  from  the  batture  is  not  a  cor- 
porate right,  but  one  common  to  every  inhabitant  of  the  city. 
The  use  of  this  right  is  to  be  so  regulated  as  not  to  defeat  other 
great  objects  of  the  dedication.  The  city  has  a  right  to  use  the 
earth  taken  from  the  batture  for  the  construction  of  wharves, 
levees,  etc.,  and  for  improving  the  port  and  the  streets  and 
avenues  leading  to  it.     12  La.  49;  18  La.  278;  7  An.  76. 

According  to  the  terms  of  the  compromise  between  the  city  of 
New  Orleans  and  the  front  proprietors  and  private  claimants  of 
the  batture,  dated  September  20,  1820,  the  entire  batture  and 
open  space  between  New  Levee  street  and  the  river  in  front  of 


456  LANDS   AND   LEVEES. 

Faubourg  St.  Mary  is  dedicated  to  public  uses,  and  to  those 
which  it  is  naturally  destined  as  a  part  of  the  port  of  Xew  Or- 
leans. The  administration  of  this  public  place  and  the  batture 
on  it  is  confided  exclusively  to  the  Second  Municipality,  whose 
duty  it  is  to  administer  it  in  such  manner  as  to  promote  the  im- 
portant purpose  for  which  it  was  dedicated,  and  not  to  impede 
any  right  to  the  use  of  it  by  the  citizens  generally.  12  La.  49; 
18  La.  278. 

By  the  act  of  30th  April.  1853,  every  riparian  proprietor  within 
the  limits  of  corporate  towns  in  this  State  is  authorized  to  sue 
the  corporation  for  the  occupation  of  so  much  of  the  batture  in 
front  of  his  property  as  may  be  necessary  for  public  use.  10 
An.  54. 

Previous  to  the  compromise  of  September,  1820,  between  the 
-city  and  various  claimants  of  the  batture  of  the  Faubourg  St 
Mary,  the  levee  followed  the  outer  edge  of  Tchoupitoulas  street, 
which  was  the  original  high  road  along  the  river  bank,  and  for 
lots  of  private  occupation  could  not  have  been  lawfully  laid  out 
upon  the  soil  of  Tchoupitoulas  street.     12.  An.,  p.  500. 

The  act  of  the  Legislature  of  the  21st  March,  1850,  authorizing 
the  city  of  Xew  Orleans  to  lay  out  and  establish  lots  upon  the 
batture  in  front  of  the  Faubourg  St.  Mary,  raised  an  interdict, 
which  the  Legislature  had  imposed  by  the  act  of  March  8,  1836, 
upon  the  private  occupation  of  the  batture  outside  of  New  Levee 
street.     12  An.  .500. 

Until  the  act  of  the  Legislature  of  3d  of  April,  1853,  the  corpor- 
ation had  the  exclusive  right  to  determine  where  and  to  what 
extent  the  riparian  proprietors  might  take  possession  of  the  bat- 
ture.    12  An.  500. 

The  division  of  the  batture  outside  of  New  Levee  street,  as  far 
as  Front  street,  into  streets  and  squares,  was  not  an  appropria- 
tion of  the  property,  so  far  as  the  streets  were  concerned,  of 
which  the  riparian  proprietors  had  never  been  in  possession. 
12  An.  500;  13  An.  349. 

By  the  terms  of  the  act  of  the  Legislature  of  the  30th  April, 
1853  (Sess.  Acts,  p.  298),  the  proprietors  of  batture  in  the  limits 
of  the  city  of  New  Orleans,  in  reducing  the  ^batture  to  private 
occupation,  are  bound  to  leave  open  to  public  use,  without 
charge,  whatever  space  may  be  required  by  the  corporation  for 
public  highways  or  streets.     13  An.  249. 

Held :  That  the  batture  outside  of  Front  street  is  susceptible  of 
private  occupation,  without  injury  to  the  rights  of  the  public 
«pon  the  banks  of  the  Mississippi  river,  within  the  corporate 
limits  of  New  Orleans.     13  An.  154;  13  An.  105;  10  An.  54. 

Also  34  An.  310,  839;  35  An.  462;  43  An.  217. 


I.EWD    WOMEN.  457 


LEAVES  OF  ABSENCE. 
Art.  1073.  That  from   and   after  the  passage  of  this    By   whom 

r.  -11  granted. 

resolution  no  leave  of  absence,  except  in  ease  of  illness,  Ord.  N0.1400, 
shall  be  granted  to  any  employee  of  the  city  through  Sept.  i,  1885. 
any  source  other  than  that  of  the  City  Council. 


LEGACIP^S — See  Asylums  and  Trust  Funds. 


LEPERS — See  Hospitals. 


LEVEE  BOARD— See  Lands  and  Levees. 


LEVEE  DUES — See  Wharves  and  Landings. 


LEWD  WOMEN. 

Art.  1074.  That  public  prostitutes  or  notoriously  lewd    Not  to  stand 
and  abandoned  women  are  forbidden  to  stand   upon  the  ord.  jso.  4434, 
sidewalk  in  front  of  or  near  the  premises   they  may  oc-    April  15, 1S90. 
cupy,  or  at  the  alleyway,  door  or  gate  of  such  premises, 
or  to  occupy  the  steps  thereof,  or  to  accost,  call  or  stop 
any  person  passing  by,  or  to  walk  up  and  down  the  side- 
walks, or  to  stroll  about  the   city  streets  indecently   at- 
tired, or  in  other  respects  so  to   behave  in  public  as  to 
occasion  scandal  or  disturb  and  offend  the  peace   and 
good  morals  of  the  people. 

Art.  1075.   (2)  That  it  shall  not  be  lawful  for   any  Not  to  frequent 
lewd  woman  to  frequent  any  cabaret  or  coffee-house   or    loons. 
to  drink  therein. 

Art.  1076.   (3)  That  all  houses,  buildings  or  rooms  oc-    sub  ect  to 
cupied  or  inhabited  by  lewd  women,  and   all  houses   of  fa n"e  Tt^'a u 
prostitution  and  of  assignation,  shall  at  all   times  be"""^^*         ib. 
subject  to  the  visitation  of  the  police,  and  it  shall  be  the 
duty  of  the  police,  while  strictly  enforcing  the  provisions 
of  this  ordinance,  to  extend  to  such  lewd  and  abandoned 


458  LEWD   WOMEN. 

protection.   *  °  women  the  same  protection  given  to  other  inhabitants  of 
this  city. 
Limits.  Art.  1077.  (4)  That  it  shall  not  be  lawful  for  any  public 

c.  s.'  °"*^*^'  prostitute  or  woman  notoriously  abandoned  to  lewdness 
ay  27. 1  5-  ^Q  occupy,  inhabit,  live  or  sleep  in  any  house,  room  or 
closet  situated  without  the  following  limits,  and  that 
said  women  are  excluded  from  any  other  portion  of  the 
city  outside  of  the  limits  now  specified,  viz. :  South  side 
of  Poydras  street  from  the  Mississippi  river  to  Claiborne 
street,  west  side  of  Claiborne  street  from  Poydras  to  St. 
Louis  street,  north  side  of  St.  Louis  from  Claiborne 
street  to  the  river,  and  along  the  river  bank  from  St. 
Louis  to  Poydras  street ;  provided,  that  nothing  herein 
shall  be  so  construed  as  to  give  the  right  to  any  lewd 
women  to  occupy  a  house,  etc.,  as  herein  provided,  in 
any  particular  portion  of  the  city. 

reSdl^'^ouiside     ^^'^'  '^^^^-  (^)  '^^^*  ^^  ^^^^^  ^^^  ^^  lawful  for  any  pub- 
limits  underlie  prostitute  uotoHously  abandoned  to  lewdness  to  oc- 

certain    Condi-  "^  *' 

tions.  ^^  cupy,  inhabit,  live  or  sleep  in  any  one-story  house,  or  a 
room  or  closet  of  the  first  or  lower  story  of  any  house  in 
the  city  of  New  Orleans  outside  of  the  limits  specified 
in  section  4  of  this  ordinance. 

Houses  of  pros-     ^.RT.  1079.   (6)  That  it  shall  not  be  lawful  to  establish 

titution   pro-  ^     ' 

hjl'ite^^yith-  or  carry  on  a  house  of  prostitution  or  assignation  within 
limits.  the  limits  specified  in  section  4  of  this  ordinance. 

.  Art.  1080.  (7)  That  any  person,  whether  agent  or  owner, 

house, etc., in  ^ho  shall  kuowiugly  rent  or  hire,  or  continue  to  rent  or 

violation    of  '^  '' 

©■■d.  hire,  after  being  notified  by  the  Mayor  that  he  or  she  is 
acting  in  contravention  of  this  ordinance,  any  house, 
building  or  room  to  any  woman  or  girl  notoriously 
abandoned  to  lewdness,  shall  be  brought  before  the  Re- 
corder of  the  district  in  which  the  offence  is  committed 
and  punished  as  provided  in  section of  this  ordi- 
nance. 
Notice  to  quit  Art  1081.  (8)  That  whcrever  a  housc  of  prostltutiou 
y  e  ayojj^  ^^  assignation,  within  or  without  the  limits  established 
by  this  ordinance,  may  become  dangerous  to  public 
morals,  either  from  the  manner  in  which  it  is  conducted 
or  the  character  of  the  neighborhood  in  which  it  is  situ- 
ated, the  Mayor  may,  on  such  facts  coming  to  his  knowl- 


LEWD  WOMEN.  459 

edge,  order  the  occupant  of  such  house,  building  or 
room,  to  remove  therefrom  within  a  delay  of  five  days, 
by  service  of  notice  on  such  occupants  in  person,  or  by 
posting  the  notice  on  the  door  of  the  house  building  or 
room,  to  remove  therefrom,  within  a  delay  of  five  days, 
and  upon  such  occupants  failing  to  do  so,  each  shall  be 
punished  as  provided  in  section  10  ot  this  ordinance. 
Art.  1082.  (9)  That  in  the  event  that  the  occupants  of  Mayor  author- 

^    ^  •        o       ^        ^°  close 

such  house,  building  or  room,  referred  to  in  section  8,  place. 
do  not  remove  therefrom  after  the  infliction  of  the 
penalty,  the  Mayor  is  authorized  to  close  the  same  and 
to  place  a  policeman  at  the  door  of  such  premises  to 
warn  away  all  such  parties  who  shall  undertake  to 
enter. 

Art.  1083.  (10)  That  any  person  or  persons  who  shall  Penalty, 
violate  the  provisions  of  this  ordinance  or  who  shall  dis- 
turb the  tranquillity  of  the  neighborhood,  or  commit  a 
breach  of  the  peace,  shall  be  subject  to  a  fine  not  ex- 
ceeding $25,  to  be  imposed  by  the  Recorder  of  the  dis- 
trict in  which  the  offence  shall  be  committed,  and  in 
default  of  payment  of  the  fine  to  imprisonment  in  the 
parish  prison  for  a  term  not  exceeding  thirty  days. 

Art.  1084.  (11)  That  each  day  any  person  shall  con- ^^^^^.^^  ^  ^  ^ 
tinue   to  violate   the  provisions   of  this  ordinance   shall  ^''• 

constitute  a  separate  offence. 

Art.  1085.  (12)  That  Ordinance  3267,  O.  S. ;  3428,  O.  ^^PlnTrdYl 
S. ;  7141,  A.  S.  5  7325,  A.  S.,  and  2051,  C.  S.,  on  the  "^°«^-  n,. 
same  subject  as  this  ordinance  be  repealed. 

Art.  1086.  (13)  That  nothing  in  this  ordinance  shall  Excepting  cer- 
be  taken  to   affect   or   repeal  Ordinance    4101,   C.   S.,  ii>I 

relative  to  prostitutes  on  Canal  street,  or  Ordinance 
3430,  C.  S.,  relative  to  prostitutes  in  the  Fifth  District, 
nor  to  allow  prostitutes  to  occupy,  inhabit,  live  or  sleep 
in  any  house,  room  or  closet,  situated  on  the  following 
streets,  viz. :  Rampart,  St.  Louis  and  Conti  streets. 

Art.  1087.  That  it  shall  be  unlawful  for  any  woman   .^ifth  »«- 

•^  tnct  limit. 

notoriously  abandoned  to  lewdness  to   occupy,  inhabit,  j.*^^^- No.  3430* 
live  or  sleep  in  any  house  situated  within  the  following 
limits  of  the  Fifth  District  of  this  city : 

Along  the  line  of  the  Mississippi  river  from  the  upper 


4G0  .  LEWD   WOMEN. 


lb. 

to  Verret,  west  of  Verret  to  Homer,  north  of  Homer  to 
Verret  avemie,  and  along  the  Verret  Canal  to  the 
cemetery,  both  sides. 

i"^- officers,  policemen  and  watchmen  to  arrest  any  woman 
or  girl  found  in  contravention  of  the  foregoing  section 
and  take  her  before  the  Recorder  of  said  district,  who 

Penalty  shall  imposc  upon  her  a  fine  not  less  than  five  ($5)  dollars 
or  more  than  twenty-five  ($25)  dollars,  and  in  default 
of  payment  thereof  shall  condemn  her  to  not  more  than 
thirty  days'  imprisonment.  And  said  Recorder  shall 
notify  such  woman  or  girl  to  remove  from  and  quit  the 
premises  so  occupied  or  inhabited  by  her  within  three 
days  from  such  notification,  under  penalties  imposed  by 
said  section, 
^^^tmg  room,  ^RT  1039  (3)  That  each  and  every  person  who  shall 
^^-  rent  or  hire  any  house,  building  or  room,  to  any  woman 
or  girl  notoriously  abandoned  to  lewdness  in  contraven- 

Penaity.  tiou  of  tliis  Ordinance  shall  pay  a  penalty  of  fifty  ($50) 
dollars  for  each  and  every  girl  or  woman,  such  person 
shall  rent  or  hire  as  aforesaid. 

Penalty.  Art.  1090.  (4)  That   no  house  or  building  or    room 

°'  known  as  an  assignation  house   shall  be  permitted  to  be 

operated  within  the  limit  as  mentioned  in  Article  1  of 

this  ordinance  under  penalty  as  mentioned  in  section  2. 

Unlawful  to     Art.  1091.  (1)  That  it  shall  not  be  lawful  for  any  pros- 

live   on     Canal  ^     ^  "^    ^ 

street.  titutc  Or  WO  man   notoriously  abandoned  to  lewdness  to 

Ord.  N0.4101,  .,,.,.  ,  .  ,  ^  , 

c.s.  occupy,  inhabit,  live  or  sleep   m   any  house    on    Canal 

street. 
Unlawful  to     Art.  1092.  (2)  That  it  shall  not  be  lawful  to   rent  or 
house 'etc!,^Cn  hire  auy  house,  building  or  room  on  Canal  street  to  any 
Canal  street.^^^^^g^^  Or  girl  uotoriously  abandoned  to  lewdness. 
Penalty.  Art.  1093.   (3)  That  any  person  who  shall  knowingly 

'  violate  the  foregoing  provisions  of  this  ordinance  shall, 
on  conviction  before  the  Recorder  of  the  district  in  which 
the  offence  shall  be  committed,  be  fined  not  more  than 
$25,  and  in  default  of  payment  of  the  fine  to  im- 
prisonment in  the  parish  prison  for  a  term  not  exceed- 
ing thirty  days. 


LIBRARY.  461 

Art.  1094.   (4)  That  each  day  that  the  provisions  of  ^^f^^^Pg^^  "■  ^  ^ « 
this  ordinance  shall  be  violated,  shall  constitute  a  new  ^''• 

offence  and  subject  the  violators  to  the  punishment  im- 
posed by  section  3  of  this  ordinance. 

Art.  1095.  That  whenever  any  person  shall  have  been  Duty  ot  Mayor 
found  guilty  by  any  competent  court  of  keeping  a  house  c.  s*!"    ""  ^  * 
of  prostitution  or  of   assignation  in  violation   of  city    °*^'"  ^'  '^^^' 
ordinances,  and  said  person  shall  have  failed  to  remove 
from  said  house,  it  shall  be  the  duty  of  the  Mayor,  after 
five  days'  notice  to   the    occupant   or  occupants  of  said 
house,  to  cause  the  police  to  eject  all  the  occupants  from 
said  house  and  to  close  the  same,  and   to  carry  the  keys 
thereof  to  the  Mayor ;  and  the  Mayor   shall   not  return 
said  keys  to  the  owner   of  said  house   until   said  owner    owner  to  give 
shall   have   subscribed  in  favor  of  the  city  of  New  Or-  ""  '         ib. 
leans  a  bond   of   $500,  with  good  and  solvent  secu^'ity, 
conditioned  that  said  house  shall  not  be   used  for  such 
prohibited  uses  of  prostitution  or  assignation,  said  bond 
to  be  in  force   for  the   period   of   one   year   from  date 
thereof. 


LIBRARY. 

Whereas,  a  great  library  thoroughly  equipped  and 
centrally  located  would  be  an  attraction  to  our  citizens, 
as  well  as  to  visitors,  and  would  redound  to  the  intellect- 
ual  culture  and  welfare  of  the  public ;    and 

Whereas,  the  building  forming  the  corner  of  La- 
fayette and  Camp  streets,  and  lately  occupied  by  the 
Criminal  District  Court,  is  now  vacant,  and  is  well 
adapted  to  this  purpose. 

Art.  1096.  That  said  building  be  and  is  hereby  dedi-    d  edicated 

°  -^  Criminal  Court 

cated  for  the  use  and  purpose  of  a  public  library.  bmidingr  to  use 

Art.  1097.  That  the  City  Engineer  be  and  he  is  hereby  Ord.  no.  lo.isu 

directed  to  prepare  plans  and  specifications  for  the  al-    Jan."  29, 1895. 

teration  of  the  interior  of  said  building  to  meet  the  re-       nans  and 

quirements  and  wants  of  such  purpose.  specifications^ 

Art.  1098.  That  Ordinances Nos.  5226,  6256,  Council    Repeaiingaii 

Series,  and  all  other  ordinances  or  parts  of  ordinances  '"^'^'"*"'=^^  p"^"" 


462  LIBRARY. 

^j^^jj^j^jO' sale  (directing   the  sale  of  the  building  known  as  the    St. 
o^- No- 'o.«'.  Patrick's  Hall  be  and  the  same  are  hereby  repealed. 

jan.'22, 1895.      ^RT    1099.  That  the  City  Library  and  Lyceum   Hall 

^ouhe  vrr*or'  shall  be  under  the  control  and  supervision  of  the  Mayor 

A^s*  i^'     ^^^^^  ^^^^  authority  to  prescribe  rules  for  the  regulation 

of  the  same. 
Librarian.^^      Art.  1100.  (2)  That  the  Mayor  is  hereby  authorized  to 
appoint  a  librarian  for  the  City  Library  at  a  salary  not 
to  exceed  $1800  per  annum,  payable  monthly,  and  to  as- 
sign and  determine  the  duties  of  the  said  librarian. 
Hours.^  8  ^^'^'  11^^-  T^hB.t  the  Said  public  library  shall  be  kept 

c.  s.  '  open  daily  for  the  access  of  the  public  between  the  hours 

of  9  A.  M.  and  3  p.  m.,  and  from  6  p.  m.  to  10  p.  m.,  Sun- 
days and  holidays  excepted. 
Lit/ariin!*"*     Art.  1102.  That  the  Mayor  bc  and  he  is  hereby  author- 
^^•ized  and  directed  to  appoint  an  assistant  librarian,  whose 
salary  is  hereby  fixed   at  the  rate  of  — —  dollars   per 
.  month,  whose  duty  it   shall   be  to  take  charge  of  said 
library  between  the  hours  of  6  p.  m.  and  10  p.  m. 
Repealing  Sec.     Art.  1103.  That  scctiou  3  of  Ordinance  No.  1966,  A.  S. , 

3,    Orel.    No.  ' 

1966,  A.  s.  be  and  the  same  is  hereby  repealed, 
consoiidatirg  ^^'^-  HO^.  (1)  That  the  public  school  libraries  of  the 
Kirs^second!  First,  Sccoud,  Third  and  Fourth  Districts  of  the  city  of 
Fo^'urth  d"s*^  ^6w  Orleans  shall  be  consolidated  and  kept  at  the  city 
ord!No.6i4o,^^ll>  and  shall  be  called  the  public  library  of  the  city  of 
c.  s.  ^ew  Orleans. 

Juvenile  de-      Art.  1105.  (3)  Books  from  the  juvenilc  department  of 
partment.    ^^  ^^.^  library  shall  be  delivered  free  of  charge  to  scholars 
connected  with  the  public  schools  of  New  Orleans. 
Free    to     Art.  1106.  (4)  Books  from    said   library  shall  be  de- 
ib.  livered  free  of   charge   to  teachers   connected   with   the 
public  schools  of  New  Orleans. 
Subscribers.^      Art.  1107.  (5)  Books  from  Said  library  shall  bc  deliv- 
ered to  subscribers,  residents  of  New  Orleans,  at  such 
charge  per  month  or  year  as  may  be  fixed  by  the  board 
of  directors. 
Moneys  re-     ART.  1108.  (7)  All  uioucys  received  from  the  delivery 
lb.  of  books  from  said  library,  or  from  donations  made  to 
said  library,  shall  be  paid  into  the  treasury  of   New  Or- 


LIBRARY.  463 

leans  to  be  credited  to  said  library,  and  expended  in  the 
advancement  thereof. 

Art.  1109.  (8)  The  city  of  New  Orleans  does   hereby  App"-°P"ation. 
appropriate  the  sura  of  five  thousand  dollars  a  year,   to 
be  paid  in  the  month  of  January  of  each  year,  for  the  use 
and  benefit  of  said  library ;  the  first  payment  thereof  to 
be  made  in  January,  1864i 

Art.  1110.  That  the  ordinance  of  the  former  Council  ^j^}^^;^^ '"«'"^"- 
of   Municipality  No.  2,  entitled  *'An  ordinance  provid- Q^g'^- ^°- '♦'^39. 
ing  for  the  establishment  of  a  lyceum  and  library,"  etc.,    ^^'■-  '^'  '^59- 
approved  December  3,  1844,  be  and  the  same  is  hereby 
so  amended  that  the  directors  of   said  society   may,    in 
their  discretion,  extend  the  privilege  of  life  membership 
to  all  the  white  youth  of  the  city,  and  to  other  contribu- 
tors, on  such  terms  and  conditions  as  said  directors  may 
deem  compatible  with  the  interests  of  the  society,  and 
may  grant  such  certificates  of  life  or  honorary  member- 
ship as  they  may  deem  appropriate ;    provided,  that  no 
greater  sum  than  nine  dollars  shall  be  required  of  any 
pupil  of  the  public  schools,  as  prescribed  in  said  ordi- 
nance ;  that  the  society  shall  always  be  designated  as  the 
Lyceum  and  Library  Society. 

Ordinance  Xo.  4439,  approved  March  18,  1859. 
See  Act  of  1855,  page  459,  relative  to  tiie  State  Library. 
Ordinance  No.  11,295,  C.  S..  advertises  for  bids  for  repairs  to  old 
St.  Patrick's  Hall. 

Ordinance  Xo.  11, .559,  C.  S.,  accepting  bid  of  John  McXally. 

linton-surget  library  or  hall. 

Whereas,  Mrs.  Eustace  Surget,  who  died  a  few 
months  ago  in  Bordeaux,  France,  requested  her  sister, 
Mrs.  C.  B.  Surget,  whom  she  made  her  sole  legatee,  to 
donate  to  the  city  of  New  Orleans  certain  books,  paint- 
ings, statuary  and  objets  d'arts,  upon  the  condition  that 
a  room  or  hall  should  be  selected  where  they  should  be 
deposited  and  cared  for,  for  the  benefit  of  the  public, 
which  room  or  hall  should  be  designated  and  always 
known  as  the  Linton-Surget  Library  or  Hall ;    and 

Whereas,  Mrs.  C.  B.  Surget  has  notified  the  city  of 
her  intention  to  carry  out  said  bequest,  and  has  also  no- 
tified the  city  that  she  proposes  to  arrange  with  the  Tu- 


i. 


464  LICENSE. 

Accepting  lane  University  of  Louisiana  for  the  preparation  of  a 
^ord.  No.373s,pj.Qp0i.  room  for  the  deposit  of  said  books,  statuary  and 

May  14, 1889.  objet  d'arts,  the  said  room  or  hall  to  be  known  as  the 
^,^j^^^  y^.^^^  Linton-Sur^et   Library  or   Hall,  the  said  objet   d'arts 

sityofLouisi-and   books  to  be  adequately  cared  for  by  said  Tulane 

ana  made  de-  1  ./  j 

p_o^sitory  of  Board  at  its  expense,  which  the  acceptance  of  this  ordi- 
^^-  nance  by  said  board  will  impart  an  obligation  on  it  so 
to  do. 

Art.  1111.  (1)  That  the  gift  of  Mrs.  Eustace  Surget 
be  and  the  same  is  hereby  accepted, 
citytobeput     Art.  1112.   (2)  That  the  Tulane  University  of  Louis- 

10  no  expense.  ^     ■"  "^ 

lb.  iana  be  selected  as  the  perpetual  depository  of  said  gift, 
upon  the  condition  that  the  said  Tulane  University  of 
Louisiana  place  said  gift,  in  accordance  with  the  inten- 
tion of  the  donor,  in  a  library  or  room  to  be  known  as 
the  Linton-iSurget  Library  or  Hall,  and  provided 
therein  for  the  due  custody  and  care  thereof,  at  the  cost 
of  the  said  board. 

Provided,  That  the  city  be  put  to  no  expense  in  the 
preparation  of  said  room  and  be  liable  for  no  costs 
whatever,  present  or  prospective,  resulting  from  the 
acceptance  and  deposit  of  the  objects  aforesaid. 

For  Fisk  Free  Library  Fund— See  Almshouse.  Asylums.  Char- 
itable Institutions  and  Trust  Fmuls. 


LICENSE. 

See  City  Charter. 
Postinacon-     Art.  1113.  That  cach  person,  association  of  persons,' 

spiciious  place.  .  ^  ,  .  •        n  i 

ord.  No.  407c,  business  firms  and  corporations  required  to  take  out  a 
No^.  5,1889.  license  to  prosecute  or  carry  on  any  vocation,  calling  or 
business  in  this  city,  shall  post  the  license  conspicuously 
in  his  or  their  place  of  business  ;  and  whoever  shall  fail 
to  so  post  his  or  their  license  shall,  on  conviction, 
before  the  Recorder  within  whose  district  the  offence  is 
committed,  be  condemned  to  pay  a  fine  of  not  more 
than  twenty-five  dollars,  and  in  event  of  the  failure  to 
pay  the  fine  imposed  be  condemned  to  suffer  imprison- 
ment in  the  parish  prison  for  not  more  than  thirty  days. 


LICENSES.  465 

Art.  1114.  Police  officers  of  this  city  shall  have  the  ^"'y  "^  ^o"^^; 
right  to  enter  upon  all  business  premises  for  the  pur- 
pose of  inspecting  same,  and  to  see  that  licenses  are 
paid  and  posted  in  accordance  with  law ;  and  it  shall  be 
the  duty  of  said  officers  to  report  to  the  Mayor's  office 
all  persons  who  have  no  licenses,  or  who  have  improper 
or  underpaid  licenses,  and  those  who  have  failed  to  post 
same  in  accordance  with  section  1  of  this  ordinance.  Penalty. 
And  any  one  who  shall  obstruct  or  impede  the  police  in 
the  discharge  of  the  duties  herein  imposed,  or  who  shall 
refuse  to  exhibit  the  license  paidfor  the  business  carried 
on,  on  the  premises  inspected,  shall,  on  conviction  be- 
fore the  Recorder  within  whose  district  the  offence 
is  committed,  be  fined  in  a  sum  not  exceeding  twenty- 
five  dollars ;  and  in  the  event  of  failure  to  pay  the  fine 
imposed  be  condemned  to  suffer  imprisonment  in  the 
parish  prison  for  not  more  than  thirty  days. 

Art.  1115.  That  it  is  hereby  made  the  duty  of  the  City    Duty  of  city- 

.  ,        .       .      ,  .  „  .         Attorney. 

Attorney  to  obtain  ;)udgment  against  all  persons  owing  Ord.  No.  4102, 
licenses  to  the  city  of  New  Orleans,  and  upon  their  fail-    Nov.  12, 18S9. 
ure  to  pay  the  same  to  obtain  an  injunction  prohibiting 
them  from  pursuing  the  business  for  which  the  license 
is  due,  and  to  cause  to  be  punished  any  violation  of  the 
injunction,  the  whole  according  to  law. 

Art.  1116.  That  in  all    cases  in  which   the  city   has    Duty  of  as- 

.  ,.,..,,.  ,-.,  sistant  City  At- 

issued   licenses   upon  affidavits  which  it  is  believed  did  tomey. 

July,  1881. 
not  properly  and  fully  represent  the  extent  of  the  busi-    a.  s.  7213. 

ness  carried  on  and  the  result  thereof,  the  Assistant 
City  Attorney  is  directed  to  institute  necessary  proceed- 
ings to  recover  whatever  balance  may  be  due  the  city 
in  such  cases. 

Art.  1117.  That  contracts  be  entered  into  between  the    To   contract 
constables  of  the  City  Courts,  or  such  constables  as  may  bies. 

•        --e      ^u    •  •  •     \u       ^  -u  n  ,  ^/  Ord.  No.  11,036 

signiiy  their  acquiescence  m  the  terms  hereof,  and  the    c  s. 
city  of  New  Orleans  under  the  supervision  of  the  City      "  ^  ■^* 
Attorney,  and  that  the  terms  thereof  as  hereafter  set 
forth  be  and  the  same  are  hereby  ratified  and  approved. 
The  said  contract  provides : 

Art.  1118.  That  the  city  of  New  Orleans  shall  bring    suits, 
its  license  suits  in  the  citv  courts  where  amounts  in- 


466  LIGHTS. 

volved  are  $100  and  less,  and  the  said  constables  of  the 
city  courts  agree  and  bind  themselves  or  each  of  them  to 
serve  all  papers  and  processes  of  the  said  city  courts  in 
said  suits  on  a  contingent  fee  as  follows : 
riV*ou°  of     ^^^  1119.  If  any  money  be  realized  on  any  judgment 
judgments  rea-  on  Said  liccuse  suit  the  said  constables  of  the  city  courts 
lb.  are  to  be  paid  their  fees.     If,  however,  nothing  is  re- 
covered on  said  judgment,  the  said  constables  agree  and 
bind  themselves  not  to  charge  any  fee. 
Costs  to  be     Art,  1120.  If  any  time  be  granted  for  the  payment  of 
IrLnted!""^  '^  any  license,  after  said  suit  has  been  instituted  by  the 
^^'  city  in  said  city  courts,  the  constable  cost  shall  be  paid 
in  all  cases  before  the  time  granted  or  allowed. 
Costs  to  be     Art.  1121.  If  any  license  suit  filed  in  the  city  court 

paid   if  license  *'  •' 

is  received  at  and  the  liccnsc  for  which  said  suit  is  instituted  is  paid 

Treasure  r's  '^ 

office.         ^^  at  the  City  Treasurer's  office  without  the  constable  being 
first  paid,  the  city  shall  bind  itself  to  pay  the  constable 
his  cost  for  all  services  rendered  in  said  suit. 
Not  to  apply     Art.  1122.  This  contract  of  agreement  shall  not  apply 
'895.  'to  any  suits  filed  previous  to  July  5,  1895. 

Mayor  auth-      Art.  1123.  That  the  Mayor  be  and  he  is  hereby  author- 
"ract.   ***  *^°"  ized  to  sign  a  contract  in  accordance  with  this  ordinance. 
Ordinances  adopting  license:  Xos.  2036,  2149,  2361,  3006.  3375, 
4109,  4412,  4921,  5015,  5088,  5775,  .5833,  6996,  10,074. 


LIGHTS. 

Comptroller     Art.  1124.  That  the  Comptroller  be  and  is  herebv  in- 
to advertise.  '■  *^  . 

ord.  No.  6176  structed  to  advertise  for  sealed  proposals  to  be  received 
Ma'rch  29, 1892  by  him  f rom  responsible  bidders  up  to  12  o'clock  on 
April  4,  1892,  to  light  by  electricity  the  streets  and  pub- 
lic buildings  of  the  city  of  New  Orleans  for  a  term  of 
five  or  ten  years  at  the  option  of  the  city,  commencing 
January  1,  1893.  The  said  bids  are  to  be  opened  by  the 
Finance  Committee  in  the  Council  Chamber  between  the 
hours  of  12  o'clock  M.  and  1  o'clock  p.  M.  on  the  same 
day. 

Right  to  re-  The  city  reserves  the  right  to  reject  any  and  all  bids ; 
lb.  and  the  following  are  adopted  as  the  specifications  upon 


I 


LIGHTS.  467 

Avhich  the  said  bills  are  to  be  made  and  the  contract  for 
said  lighting  shall  be  awarded : 

Art.  1125.  (2)  Bidders  must  state  in  writing  and  j&gures    Bidders. 
price  per  lamp  per  year,  as  per  these  specifications. 

Art.  1126.  (3)  As  a  condition  precedent  to  the  open-  Deposits, 
ing  of  any  proposal  for  electric  lighting  under  these 
specifications,  any  party  receiving  a  consideration  of  his 
bid  shall,  at  the  time  of  depositing  such  bid,  deposit  with 
the  City  Treasurer  a  cash  deposit  of  the  sum  of  fifty 
thousand  dollars  ($50,000)  in  United  States  currency ; 
and  no  bid  shall  be  opened  or  considered  which  is  not 
accompanied  by  the  certificate  of  the  City  Treasurer  that 
such  deposit  has  been  made.  The  said  deposit  so  made 
being  with  the  distinct  understanding  and  agreement 
that  when  the  City  Council  shall  award  said  contract  to 
said  bidder,  and  the  same  shall  be  accepted  by  him,  then 
the  said  deposit  shall  be  returned  to  him.  But  in  case 
such  award  is  made  to  a  party  so  depositing,  and  he,  for 
a  period  of  thirty  days,  neglects  or  refuses  to  enter  into 
a  contract  on  the  basis  of  these  specifications,  then  m 
such  case  the  money  so  deposited  shall  become  the  prop- 
erty of  the  city  of  New  Orleans  as  liquidated  damages 
for  such  failure. 

Art.  1127.  (4)  The  lamps  shall  be  suspended  at  or  pen^de^'  '"'" 
near  the  centre  of  the  intersection  of  streets.  ^^' 

Art.  1128.  (5)  The  means   of  suspension  shall     be    Means  of  sus- 
cranes,  and  they  shall  not  be  less  than  thirty- fite  (35)  '      ib. 

feet  from  the  ground ;  except  on  the  neutral  ground, 
where  they  may  be  pole  lamps,  with  hoods,  etc.,  similar 
in   design  to  those  now  in  use,  or  on  towers  as   located. 

Art.  1129.  (6)  The  lamps  if  but  two  blocks  apart  shall 
1)G  placed  at  such  height  as  to  allow  or  cause  their 
densest  rays  to  strike  the  earth  at  a  point  one  hundred 
and  seventy-five  (175)  feet  distant  in  all  directions;  if  Height of.^^ 
the  lamps  are  placed  three  blocks  apart,  their  height  shall 
be  such  as  to  cause  their  most  intense  rays  on  the  ground 
at  points  three  hundred  (300)  feet  distance  in  all  direc- 
tions. 

Art.  1130.  (7)  The  poles  maybe  of  wood,  which  shall    Poles, 
be  of  heart  timber  (or  they  can  be  of  round  cedar  con- 


468  LIGHTS. 

taining  the  same  number  of  feet)  not  less  than  (9) 
nine  inches  square  on  the  ground,  nor  less  than  six  (6) 
inches  square  at  the  top,  and  shall  have  the  edges  be- 
tween the  top  and  a  point  six  (6)  feet  above  the  ground 
nicely  champfered.  They  shall  be  painted  and  bear  the 
name  of  the  company  and  number  of  the  lamp. 
^'s^^-  lb  Art.  1131.  The  lights  of  each  lamp  must  be  of  the 
standard  arc  sixteen  hundred  (1600)  or  two  thousand 
(2000)  candle  power,  according  to  the  photometer  method 
of  measurement.  All  arc  lamps  must  be  of  either  the 
double  or  elliptic  carbon  pattern. 
Regular.  ^^  ^j^^  jjl32.  All  lights  must  be  of  regular  and  constant 
illumination,  and  at  no  time  during  the  night  give  less 
illumination  than  the  above  defined  caudle  power. 
Burners.  ^^  j^^^  H^d.  Bumcrs  must  bc  of  the  latest  improved 
pattern ;  the  most  approved  globes  and  hoods  must  be 
used  on  the  lamps  to  protect  them  from  inclement 
weather,  in  order  that  their  reliability  may  be  of   the 

hoods^^*  ''"'^highest  order  obtainable,  and  free  from  changes  due  to 
extremes  of  temperature,  and  be  so  attached  as  to  catch 
all  sparks  or  fragments  of  carbons  or   other   materials 
used  in  producing  the  light. 
Cleaning.  Art.  1134.  The  burners  and  globes  are  to  be  cleaned 

before  each  lighting,  arid  when  they  are  broken  or  un- 
fit for  use,  must  be  replaced  with  a  new  one  within  one 
day. 

Poles  replaced.     Art.  1135.  If  any  of  the  poles  are  broken  or  decayed 
■  they  must  be  immediately  repaired  or  replaced   with  a 
new  one. 

Hours  of  light-     Art.  1136.  (13)  The  lamps  are  to  be  lit  within  one- 
ib.  half  hour  after  sunset  and  kept  so  burning  during  each 
and  every  night  during  the  term  of  the  contract,  to  the 
half  hour  before  sunrise. 

Candle   power     Art.  1137.  (14)  The  caudlc  power  of  the  lamps  shall 

to  be  tested  by,  -,   ,  ^  ,,  o  lii 

City  Sur-be  measured  by  photometer  monthly  or  oftener,  by  the 
■  '  lb.  City  Surveyor,  and  in  the  event  of  failure  to  furnish  the 
requisite  candle  power  as  shown  by  the  said  tests,  the 
party  obtaining  the  contract  shall  agree  and  bind  them- 
selves to  pay  to  the  city  the  amount  they  receive  pro 
rata   from   each   light  from  the  city  for  said  deficient 


LIGHTS.  469 

light  or  lights  for  each  and  every  night  that  such 
deficiency  is  shown  by  the  said  tests  ;  and  further  bind 
themselves  to  pay  to  the  city  the  amount  they  receive 
pro  rata  for  each  night  or  nights  for  all  lamps  reported 
out  for  a  space  of  time. 

Provided,  however,  that  when  in  case  of  fire,  circuits    in  case  of 
are  shut  down  by  order  of  the  Chief  Engineer  of  the      '  ib. 

Fire  Department,  no  deductions  shall  be  made  for  lights 
out  on  said  circuits  during  the  time  of  such  shutting 
down. 

Art.  1138.  In  order  to  insure  the  power  of  the  arc  currents, 
lights  being  of  the  standard  sixteen  hundred  (1600)  to  two 
thousand  (2000)  candle  power,  the  dynamo  generating 
the  power  for  such  currents  shall  be  so  constructed  as  to 
give  a  current  of  nine  and  a  half  (9'32)  amperes,  and 
from  forty-seven  (47)  to  fifty  (50)  volts  per  lamp;  and 
shall  have  the  latest  improved  automatic  regulator,  so 
arranged  that  any  or  all  lamps  can  be  cut  out  of  circuit 
without  injury  to  dynamo  or  excessive  current  in  the 
wires.  This  regulator  must,  furthermore,  be  so  ar- 
ranged that  should,  for  any  reason,  one  or  more  lamps 
be  cut  out  of  circuit  (in  case  of  fire  or  other  trouble) 
that  the  voltage  on  the  line  will  decrease  in  proportion 
to  the  number  of  lamps  so  cut  out,  and  still  maintain  the 
same  amount  of  current  in  amperes. 

Art.  1139.  Only  the  best   weather-proof     insulation    wires  and  in- 

•^  ^  sulation. 

shall  be   used   for   covering  the   wires ;  and   the  wires  i^. 

shall  not  be  less  than  number  five  (No.  5)  Brown  & 
Sharp's  gauge. 

Art.  1140.  In  case  the   contract  be  awarded   to   any  duty.""^'^''""'^'^ 
other  than  the  present  contractors,  the   party  receiving  ^^' 

the  award  shall  tender  to  the  present  contractors  the 
first  cost  of  wire,  poles,  brackets,  insulators,  etc.,  com- 
monly termed,  and  belonging  to  circuits  used  for  city 
lighting,  wherever  the  said  circuits  conform  to  the  above 
specifications.  And  in  event  of  failure  to  agree  as  to  the 
first  cost,  it  shall  be  settled  by  arbitration.  (It  is  un- 
derstood that  this  does  not  include  the  lamps.) 

Art.  1141,  All  material  and  labor  required  for  the  per- i^fln ^"^'  *°*^ 
formance  of  this  contract  are  to  be  furnished  and  pro-  ^^' 

vided  by  the  party  obtaining  the  same. 


470  LIGHTS. 

Inspection.        Art.  1142.  The  works  of  the  company  securing  the- 

■  contract  shall  at  any  and  all  times  be  open  to  the  in- 
spection of  the  committee  on  fire  and  lighting  of  the  City 
Council,  and  free  access  shall  be  given  to  them  to  facili- 
tate all  examinations  and  investigations  as  to  the  num- 
ber of  lights  furnished  by  each  dynamo,  and  to  show 
that  the  specifications  as  above  are  fully  carried  out. 

fulfil  "connact!  Art.  1143.  It  is  further  conditioned  that  for  each  and 
"■  every  day's  delay  in  the  fulfilment  of  the  obligations 
of  these  specifications  to  have  the  city  fully  lighted 
within  the  time  hereinbefore  specified  (viz.,  12  o'clock 
midnight  on  the  31st  day  of  December,  1892),  the  bidder 
to  whom  said  contract  may  be  awarded  shall  forfeit  or 
pay  to  the  city  of  New  Orleans  for  each  and  every  night's 
Deductions,  delay  beyond  th0  period  named  the  sum  of  four  hundred 
dollars  ($400),  said  sum  to  be  so  forfeited  and  paid  to 
be  regarded  and  considered  as  compensation  for  damages 
hereby  admitted  to  be  occasioned  by  any  such  failure. 
Or,  the  city  reserves  the  right  to  deduct  these  sums  from 
any  payments  that  may  be  hereafter  due  the  said  bidder 
or  contractor. 

and  repair.  Art.  1144.  All  coustruction,  lighting  and  keeping  in 

■  repair  shall  be  done  by  and  at  the  expense  of  the  con- 
tractor. The  intent  and  meaning  of  these  specifications 
being  that  the  city  shall  be  at  no  expense  beyond  the 
amount  to  be  paid  for  light  as  provided  in  the  contract, 
and  any  additional  lamps  which  the  city  may  require 
shall  be  erected  at  the  expense  of  the  contractor,  the  city 
only  paying  the  same  rate  as  the  original  contract  price. 

Lamps  out.        Art.  1145.  The  outage  shall  be  reported  by  the  police 

to  their  superintendent,  who  will  report  the  same  to  the 

Commissioner  of  Police  and  Public  Buildings,  and  by 

him  reported  to  the  Council ;  and  an  amount  equal  to 

the  price  paid  with  10  per  cent,  additional  per  lamp  shall 

be  deducted  for  the  time  of  such  outage  whenever  such 

default  arises  from  carelessness  or  inattention  on  the 

part  of  the  contractor. 

mi?s"iVn  fr  of     Art.  1146.  If  it  shouM  be  found  that  the  contractor  is 

Pu*biicVui!d*?  wilfully  violating  any  of  the  conditions  of  his  contract 

'"^^*  lb.  or  attempting  to  execute  the  contract  in  bad  faith,  the 


LIGHTS,  471 

Commissioner  of  Police  and  Public  Buildings  shall  no- 
tify the  contractor,  and  if  said  contractor  does  not  then, 
within  five  days  thereafter,  take  such  measures  as  will, 
in  the  judgment  of  the  Commissioner  of  Police  and  Pub- 
lic Buildings,  insure  a  more  satisfactory  performance  of 
the  contract,  or  shall  refuse  to  comply  with  all  reason- 
able requirements  of  said  Commissioner  of  Police  and 
Public  Buildings,  then  the  said  Commissioner  of  Police 
and  Public  Buildings  shall  report  such  neglect  to  the 
Council  for  such  action  as  the  Council  may  deem  neces- 
sary. 

Art.  1147.  (24)  When  the  tower  system  is  available    Towers, 
for  the  receiving   of  wires,    and   the   tower  contractors 
so  notify  the  City  Council,  the  said  contractors  shall  re- 
move the  wires  and  conductors  from  the  poles  and  place 
them  upon  the  towers  wherever  available. 

Art.  1148.  (25)  The  contractor   shall,  at  the  time  of    Bond, 
entering  into  the  contract  with  the  city   give   a  bond  of 
security,  satisfactory  to  the  Council,  in  the  sum  of  fifty 
thousand  dollars  ($50,000)  for  the  faithful  performance 
by  the  contractor  of  his  contract. 

Art.  1149.  (26)  It   is  expressly  understood   that  the    Rights, 
contract  between  the  city  and  the  successful  bidder  shall 
of  itself  confer  no  right  except  for  the  public  lighting. 

Art.  1150.  That  the  bid  of  the  Louisiana  Electric  Light  a  c  c  e  p  t  ing 
Company  for  electric  lighting  under  the  provisions  of  tric°Light  co. 
Ordinance  No.  6176,  Council  Series,  for  the  period  of  tenc.  s,' '  °'  ^"^ ' 
years,  be  and  the  same  is  hereby  accepted  and  all  other  ^"  '^'  ' 
bids  be  rejected. 

Art.  1151.  (2)  That  the  Mayor  is  hereby  authorized  Authorizing 
and  directed  to  enter  into  a  notarial  contract  with  the  enler  into'con" 
Louisiana  Electric   Light  Company  to  light  the  streets  *'^*'^'"  ib. 

and  public  buildings  of  the  city  of  New  Orleans  for  ten 
years  from  January  1,  1893,  as  per  their  bid  and  speci- 
fications of  Ordinance  No.  6176,  C.  S. 

Art.  1152.  (3)  That  when  the  said  contract  is  signed    Returning 
and  the  bond  provided  in  the  twenty-fifth   paragraph  of  °"  '         ib. 
the  specifications  is  executed,  the  fifty   thousand    ($50,- 
000)  dollars  deposited  by  said  Louisiana   Electric  Light 
Company  be  returned  to  it  by  the  Comptroller. 

Lighting  Hall,  Ord.  :No.  8534,  C.  S. 


472  LIME. 


LIME. 


^^Notto  store,  Art.  1153.  (1)  No  pei'son  sliall  store,  or  cause  to  be 
ord.  Aug,  17,  carried  into  any  part  of  the  square  of  the  city,  any  quick- 
^Appr^oved  by  lime,  bcyoud  the  quantity  of  five  barrels  at  a  time,  and 
•o-s-  '  that  quantity  must  be  placed   only   in  a  building  pro- 

tected from  all  humidity,  and  constructed  in  such  a 
manner  as  to  leave  a  free  current  of  air ;  and  the  said 
barrels  nmst  be  stowed  at  the  distance  of  ten  inches 
from  one  another. 
How  stored.  Art.  1154.  (2)  No  pcrsou  shall  store  quick-lime  unless 
it  be  well  dried,  and  placed  in  a  store  constructed  and 
prepared  for  that  purpose,  and  protected  from  all 
humidity,  the  flooring  of  which  must  be  two  feet  from 
the  ground ;  it  must  have  at  least  two  openings  at  its 
extremity,  so  as  to  afford  a  continual  current  of  air,  and 
such  building  must  not  be  surrounded  by  any  other 
building,  wall  or  enclosure,  which  might  prevent  the 
circulation  of  air;  it  ought  to  be  lined  without  and 
within,  and  boarded  above  the  beams,  in  order  to  keep 
off  the  heat  of  the  sun  ;  there  must  be  between  the  spaces 
of  the  rows  of  barrels  a  space  of  at  least  ten  inches. 
The  barrels  must  not  be  placed  more  than  three  barrels 
in  height ;  from  the  moment  the  quick-lime  so  stored 
shall  spread,  so  as  to  obstruct  the  circulation  of  the  pas- 
sage left  between  the  barrels  for  the  circulation  of  air, 
the  barrels  must  be  arranged  immediately,  and  the  lime 
found  amongst  the  barrels  carried  away. 
Penalties.  ^^  Art.  1155.  (3)  Evcry  person  contravening  the  present 
ordinance  shall  pay  a  fine,  which  shall  not  be  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars. 
Surveyors  to  Art.  1156.  (4)  No  pcrsou  shall  store  any  quick-lime 
inspect,  etc.  ^^^  previously  to  the  City  Surveyor  having  been  called  in, 
for  the  purpose  of  inspecting  the  building  destined  for 
that  i)urpose,  and  that  he  has  obtained  a  certificate  of  it ; 
and  in  default  of  that  form,ality,  which  must  be  strictly 
observed,  all  persons  contravening  it  must  pay  the  fine 
decreed  in  the  third  article  of  the  present  ordinance. 


LOTTERIES. 


473 


LIQUORS,  SALE  OF. 
Art.  11.)  7.  (1)  That  from  and  after  the  promulgation  of    Penalty  t  o  r 

^     ^  r-  c3  selliDg  or   giv- 

this  act,  if  any  person  shall  sell  or  give  away  any  in->n&  away,  on 
toxicating  drink  or  drinks  on  election  day  at  or  within  jntoxi eating 
one  mile  of  any  precinct  where  elections  may  beheld,    Act  no.  26  of 
he  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  in  a  sum  not  exceeding  one  hun- 
dred dollars,  or  imprisonment  not  exceeding  sixty  days, 
or  both,  at  the  discretion  of  the  court,  for  each  and 
every  offence. 

Art.  1158.  (21)  All  persons  are  prohibited  from  selling 
on  any  vessel  or  flatboat  any  beer,  cider,  wine  or 
spirituous  liquors  in  quantity  less  than  a  barrel. 

Art.  1159.  (22)  Any  person  committing  any  of  the 
offences,  or  violating  any  of  the  provisions  hereinbefore 
named,  shall  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars,  and  if  the  fine  be  not  paid  he  shall 
be  imprisoned  for  a  term  not  exceeding  ten  days. 

Sale  on  Sundays,  see  Act  18  of  1886.. 


On  vessels. 
Jan.,  1867. 


Penalty. 


LOUISIANA    SCIENTIFIC    AND    AGRICULTURAL 
ASSOCIATION— See  Parks. 


LOTTERIES. 

Art.  1160.  (1)  That  it  shall  be  unlawful  for  any  per-  unlawful  sale 
son  or  persons  to  sell,  barter,  exchange,  or  otherwise  °^Ord.  No.  -iz, 
dispose  of  any  lottery  ticket  or  token,  policy,  combina-^'^^n.3o,  1SS3. 
tion,  device  or  certificate,  or  fractional   part  thereof,  in 
any  lottery  drawn  or  to  be  drawn  in  or  out  of  the  city  of 
New  Orleans,  unless  the  same  be  duly  authorized  by  the 
laws  of  the  State  of  Louisiana. 

Art.  1161.  That  whoever  shall  violate  the  provisions    Penalty, 
of  this  ordinance  shall  be  subject  to  a  fine  not.  to  exceed  c.  s.' 
twenty-five  dollars,  or  imprisoned  in  the  parish  prison      ^  • '  > '  9i- 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
onment in  the  said  parish   prison  for  a  term  not  to  ex- 


474  MARKETS. 

ceed  thirty  days  in  default  of  the  payment,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed ;  provided,  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence,  nor  the  imprison- 
ment more  than  thirty  days. 
See  Act  169  of  1894,  p.  207,  to  suppress  lotteries. 


LOTS — See  Buildings. 


LOUISIANA  ELECTRIC  LIGHT  AND  POWER  COM- 
PANY— See  Electric  Light  and  Power  Companies. 


MARKETS. 

See  Offences. 
Rates.  Art.  1162.  (1)  That  the  vendors  in  the  several  public 

Ord.  No.  4153  ^  ^ 

o.  s.  markets  of  this  city  are  hereby  required  to  pay  for  the 

use  of  stalls,   stands   and  privileges  at  the   following 
rates : 

For  butchers'  stalls,  three  by  eight  feet,  including^ 
block,  fifty  cents  per  day,  and  for  each  corner  table  an 
additional  five  cents,  and  for  each  additional  running 
foot,  five  cents  per  day.  The  dimensions  of  the  butch- 
ers' stalls  shall  be  three  by  eight  feet,  or  as  near  that 
measurement  as  the  plan  and  construction  of  the  market 
will  permit,  as  designated  by  the  City  Surveyor,  with 
the  approval  of  the  Commissioner  of  Police  and  Public 
Buildings. 
D  r  y  a  d  e  s  The  samc  applying  to  all  markets  except  the  Dryades 
lb.  Market,  which  shall  be  governed  as  follows : 

For  each  stall,  being  the  space  between  the  posts  and 
measuring  3x14  feet,  including  block,  at  the  rate  of 
fifty  cents  (50cts)  per  day  for  the  first  eight  feet,  and 
five  cents  (5cts)  per  day  for  each  additional  running 
foot,  corner  table  an  additional  five  (5cts)  cents  per  day, 
it  being  understood  that  nothing  less  than  a  stall  as- 
here  described  shall  be  let  or  hired. 


MARKETS. 


475 


For  fish,  game   and  vegetable   stalls,  three  by  four  ^  ^'sh.   game, 
feet,  fifteen  cents  per  day.  '  ^^' 

For  fruit  and  all  other   stands   not  specified   herein,    iruit.      ^^ 
open   all   day,  two   cents  per   day  for  each  and  every 
square   foot  of  space   occupied,  and  that  fish  shall  only 
be  sold  in  said  markets  on  the  stands  or  stalls  set  apart 
for  that  purpose. 

For  coffee,  chocolate  and  eating  stands,  three  by  eight  CoHet,  etc.^^ 
feet,  fifty  cents  per  day,  and  two  cents  per  day  for 
every  additional  foot,  and  for  each  corner  table  an 
additional  sum  of  five  cents  ;  and  it  shall  be  the  duty 
of  the  City  Surveyor  to  designate  which  are  corner 
tables. 

Art.  1163.  (2)  All  occupants  of  stalls  or  stands   are  ^co"n"iti"f*'''* 
required  to  return  the  same  to  the  city  in  as  good  condi-  i^. 

tion  as  when  received  from  the  city ;  and  no  occupant  of 
any  stall  or  stand  shall  at  any  time  remove  any  part  of 
any  stall  or  stand  without  the  written  permission  of  the 
Commissioner  of  Police  and  Pablic  Buildings. 

Art.  1164.  (3)  That  all  kinds  of  meat,  fowl,  game,  Meat,  fowl, etc. 
fish,  vegetables,  and  all  other  perishable  articles  of 
human  food,  may  be  bought  and  sold  at  all  the 
markets,  except  that  no  fish,  fruit  or  vegetables 
shall  be  sold  in  the  beef  market  of  the  Sec- 
ond District,  and  that  no  fresh  meat  of  any  kind 
shall  be  sold  in  the  vegetable  market  of  the  same  dis- 
trict, and  that  no  fish,  crabs  or  shrimp  shall  be  sold  in  '  '  ib- 
any  market  after  10  o'clock  a.  m.,  between  the  first  day 
of  May  and  the  first  day  of  October,  and  that  no  meats, 
fish  or  any  other  comestibles  shall  be  sold  in  the  Shak- 
speare  Market,  but  same  shall  be  reserved  as  a  Bazaar 
Market. 

Art.  1165.  (4)  That  the  centre  aisles  of  the  following    centre aisies, 
markets   shall   be   devoted   exclusively   to  the    sale  of  * Vrd.  no.Vjss 
meats,   viz. :      Dryades   street,    Treme,    Claiborne  and    Aikended  bv 
Poydras  Markets,  and  no  stand  in  the  said  markets,  ex-  c.'s.    "'  '^^^  ' 
cept  those  in  the  centre  aisles,  as  herein  specified  shall,  ^'"'^'^  '  ' 
be  used  for  such  purpose ;  any  violation  of  which  will 
subject  the  offender  to   penalties   prescribed  in  Section 
32  of  this  ordinance. 


Signs. 


476  MARKETS. 

Sale  of  fish.  Art.  1166.  (5)  That  the  sale  of  fish  in  the  Ninth 
€,  s. '  °'  ^^  ^  Street  Market  shall  be  confined  exclusively  to  stalls 
situated  in  the  side  aisles  in  the  rear  of  said  market  and 
the  sale  of  fish  in  the  Poydras  and  Pilie  Markets  shall  be 
confined  exclusively  to  the  outside  stands  situated  on  the 
south  side  of  Poydras  street,  from  Dryades  to  Basin 
streets. 

See.  6  repealed  oy  Ordinance  No.  6691,  C.  S.,  Sept.  6,  1892. 
.  Art.  1167.  (7)That  each  and  every  person  occupying 
a  stall  or  stand  in  any  market  of  this  city  shall  have  his 
name  painted  in  letters  of  four  (4)  inches  in  length,  on 
a  tin  sign  in  a  plain  and  legible  manner,  and  shall  place 
the  same  in  a  conspicuous  place  over  the  stand  or  stall 
occupied  by  him ;  and  in  case  any  person  occupying  a 
stand  or  stall,  as  aforesaid,  shall  not  comply  with  this 
section  within  thirty  days  of  the  passage  thereof,  or 
shall  thereafter,  at  any  time,  for  more  than  three  days 
consecutively,  not  have  such  sign  so  exposed,  shall  be 
subject  to  the  penalties  stipulated  in  section  32  of  this 
ordinance. 

whenopen.^^  Art.  1168.  (8)  That  the  markets  of  this  city  shall  be 
open  at  the  dawn  of  day  and  shall  close  at  12  o'clock 
M.,  all  the  year  round. 

It  is  not  intended  that  this  section  shall  apply  to  per- 
sons occupying  coffee,  eating  or  fruit  stands,  nor  prevent 
•  any  butcher  from  supplying  ships,  steamboats,  railroads 
and  other  public  conveyances  on  the  eve  of  departure 
from  the  city,  provided  the  meat  so  supplied  be  not  less 
in  quantity  than  a  quarter. 

Cleanliness.       Art.  1169.  (9)  That  during  the  half  hour  immediately 
'  after  the  closing  of  the  markets  the  occupamts  of  stands 
and  stalls  are  required  to  scrape,  wash  and  cleanse  the 
same  so  as  to  keep  them  in  the  highest  state  of  clean- 
liness. 
Not  more  than     Art.  1170.  (10)  No  pcrsou  or  pcrsous  shall  bc  per- 
°  ^  ^"  *ib.  mitted  to  occupy  or  control,  directly  or  indirectly,  more 
than  two  stalls  or  stands  in  any  one  market ;  and  when 
any  stall  or  stand  shall  remain  unoccupied  during  three 
days  consecutively,  the  lessee  of  the  market  shall  hold 
the  same  as  abandoned  and  subject  to  the  demand  of  any 


MARKETS.  477 

other  applicant,  and  in  the  event  the  lessee  shall  refuse, 
fail  or  neglect  to  rent  such  stand  or  stall  so  unoccupied, 
then,  in  that  event,  it  shall  become  the  duty  of  the  Com- 
missioner of  Police  and  Public  Buildings  to  lease  or  rent 
the  same ;  provided,  however,  that  the  stall  or  stand  so 
vacated  shall  not  be  leased  to  any  other  than  an  actual 
occupant. 

Art.  1171.  (11)  That  it  shall  be  the  duty  of  the  Com-    Register, 
missioner  of  Police  and  Public  Buildings,  through  his 
inspector  s  and  collectors,  to  keep  an  exact  register  of 
the  persons  to  whom  stalls  or  stands  shall  be  let,  and 
give  certificates  to  the  occupants  thereof. 

Art.  1172.  (12)  That  all  persons  are  forbidden  to  Lounging  on 
stand,  sit  or  lie  on  any  of  the  stalls  or  stands  of  the  said  ®'*"*'  ib. 
public  markets. 

Art.  1173.  (13)  No  person  or  persons  shall  expose,  sell  unwhoiessome 
or  offer  for   sale  in  any  public  market  of  this  city  any       '  n>. 

stale  or  unwholesome  meat,  or  the  flesh  of  any  animal 
which  was  sick,  wounded  or  overheated,  or  run  down 
by  dogs,  or  otherwise,  at  or  before  the  same  was 
slaughtered,  or  which  died  from  disease,  accident, 
casualty  or  other  means  than  the  usual  manner  of 
slaughtering  animals  for  food ;  nor  shall  any  person  sell 
or  expose  or  offer  for  sale  in  any  of  the  public  markets 
of  this  city  any  putrid,  rancid  or  unsound  meat,  fish, 
eggs,  poultry,  vegetables  and  fruits,  or  any  unwhole- 
some or  adulterated  articles  of  food ;  nor  shall  any 
person  sell,  or  expose,  or  offer  for  sale,  the  flesh  of  any 
dog,  cat,  or  any  unclean  animal,  or  the  flesh  of  any  calf, 
pig  or  lamb  which  was  slaughtered  under  the  age  of 
four  weeks. 

Art.  1174.  (14)  That  no  salt  or  corned  beef  or  pork    com  beef; 

1      11   1  1   •!   •        T  nn  manner  of  sale. 

shall  be  exhibited  or  offered  for  sale  on  any  stall  except  ib. 

in  a  clean  white  tray,  not  painted,  twenty-six  inches 
long,  sixteen  wide  and  six  inches  deep.  The  occupants 
of  stalls  may  also  keep  a  tight  box  or  cask  of  no  longer 
dimensions  than  a  butcher's  block  for  keeping  such 
meat  in.     No  ice  box  will  be  allowed  in   any  of  the    ,    , 

*'  Ice  boxes. 

public  markets  except  by  permission  of  the  City  Council, 
and  then  same  shall  be  required  to  be  at  least  six  (6) 
inches  from  the  ground  and  placed  on  rollers. 


478  MARKETS. 

Stands,  tables,     Art.  1175.  (15)  That  all  stands,  tables,   blocks   and 

lb.  boxes  used  in  the  public  markets   shall  be  required  to 

be  at  least  six  (6)   inches  from  the  ground,  and  all 

blocks  and  boxes  to  be  placed  on  rollers. 

Occupants  of     Art.  1176.  (16)  That   each    and  every    occupant  of 

stands    to    fur-  ^        ^  J  f 

nish  covered  fruit.  Vegetable,  meat  and  fish  stands  or  stalls  in  the 

tubs  for  refuse,  it  i  <.!• 

€tc.  several  public  markets  of  the  city  are  hereby  required  to 

*  furnish  a  covered  tub  or  barrel  to  be  placed  under  or  at 
such  place  as  will  be  most  convenient  to  their  respective 
stands  or  stalls,  in  which  they  shall  deposit  all  refuse, 
offal,  waste  or  cast-off  articles  in  which  they  may  be 
dealing  as  occupants  of  said  stands  or  stalls,  and  under 
no  circumstances  shall  any  such  occupants  of  any  such 
stands  or  stalls  be  permitted  to  place  any  of  such  refuse, 
offal,  waste  or  cast-off  articles  on  the  floors  or  flags  of 
said  markets,  under  the  penalties  stipulated  in  section 
32  of  this  ordinance. 
Fruits  and     Art.  1177.  (17)  That  no  fruit  or  vegetables  shall  be 

vegetables,  ^        ^  ° 

time  of  wash-  washcd  iu  auy  of  said  markets  between  noon  and  raid- 
ing. 

lb.  night  of  any  day. 

Art.  1178.  (18)  That  no  oysters  shall  be  sold  in  any 
^^'  of  the  public  markets  of  this  city. 
Fires.  Art.  1179.  (19)  That  it  shall  not  be  lawful  to  light  or 

^'°'  keep  any  fire  in  any  public  market,  except  the  burning 
of  oil,  spirit,  gas  or  charcoal ;    and  those  only  for  the 
purpose  of  heating  or  cooking  chocolate,  tea,  milk,  coffee 
and  such  other  articles  of  food   as   are  permitted  to  be 
sold  under  market  ordinances. 
Collection  of     Art.  1180.  (20)  That  the  lessee  or  lessees  or  contractor 
enuls.*"*'  """  for  any  public  market  in  the  city  of  New  Orleans  is  en- 
Amended  b'y  titled  and  authorized  to  collect  daily,  under  contracts  to 
^^hn?sl\^^'  ^^^t  effect  or  otherwise,  the  full  amount  of  such  dues  or 
revenues,  as  specially  provided  for  in  the  various  ordi- 
nances of  the  city  of  New  Orleans,  and  in  default  of  the 
daily  payment  under  contract  of  the  amount  of  fees  due 
daily  by  the  occupant  of  any  stall,  stand  or  space  in  any 
public  market  or  markets  under  contract  with  the  city  of 
keepers  lop^y!  New  Orlcans,  the  lessee  or  lessees  of  any  public  market 
or  the  contractor  with  the  city  of   New   Orleans  under 
rights  of  a  public  market  lessee,  shall  have  the  right  to 


Oysters. 


MARKETS.  479 


Penalty. 


take  immediate  possession  of  any  stand,  stall  or  space 
in  any  of  said  markets,  and,  upon  a  refusal  of  any  per- 
son claiming  possession  thereof,  shall  be  considered  a 
trespasser  and  subject  to  arrest  under  the  laws  of  the 
State  of  Louisiana  and  city  of  New  Orleans.  * 

Art.  1181.  (21)  That  it  shall  be  unlawful  to  sell  or  intoxicating 
•offer  any  intoxicating  liquors  in  any  public  market.  ''orTko.  4155 

Art.  1182.  (22)  That  no  peddler  shall  be  allowed  to  ^^p^J^^^^^^ 
offer  any  kind  of  meat,  ^ame,  fowl,  fish,  vegetables  and    o^d.  No.  4155 
fruits  for  sale  in  any  of  the   public  markets,  or  within  ^Amended  by 

^  '  Ord.   No.  4274, 

six  (6)  blocks  of  same,  and  that  the  Commissioner  of  cs- 

^     '  '  Feb,  4,    1S90. 

Police  and  Public  Buildings  or  any  police  officer  shall 
have  power  to  arrest  or  cause  to  have  arrested  any  per- 
son or  persons  violating  the  provisions  of  this  section ; 
said  person  or  persons  so  offending  shall  be  subject  to 
the  penalties  stipulated  in  section  32  of  this  ordinance. 

Art.  1183.  (23)  That  power  and  authority  is  hereby  pry  Air  Re- 
given  to  the  market  lessees  to  grant  permission  to  erect  AifendeTbrd. 
dry  air  refrigerators  upon  the  stalls  and  stands  of  the  c.  s."  '°'^^^' 
public  markets  of  this  city.  *^*''       ' 

Art.  1184.  (24)  That  occupants  of  stalls  and  stands    Disposal  of 
shall  furnish,  under  the  penalties  stipulated  in  section  32  °  ord.^No.  4155 
of  this  ordinance,  a  sufficient  number  of  covered  barrels    '   " 
or  tubs,  to  contain  the  daily   offal  from  the  stands  and 
stalls  in  the  said  markets,  and  all  occupants  of  stands  or 
stalls  are  required  to  throw  such  offal   into  the  covered 
barrels  or  tubs   thus  furnished,    and  that  the  superin- 
tendent of  the  district  for   cleaning  the  streets   shall 
cause  the  same  to  be  disposed  of  as  in  the  case  of  other 
daily  oft'al,  by  2  o'clock  p.  m.     No  offal  or   refuse  from 
any  meat,  fish,  fruit  or  vegetable  stall  or  stand  shall  be 
thrown  on  the  floor  of  the  market,  or  into  the  gutters  or 
streets,  under  the  penalties  stipulated  in  section  32  of 
this  ordinance.    . 

That  during  the  half  hour  immediately  after  the  Cleaning  stalls, 
closing  of  said  markets,  the  butchers  or  other  persons 
hiring  or  occupying  their  respective  stalls,  stands  and 
tables  shall  be  bound  to  scrape,  wash  and  cleanse  the 
same,  so  as  to  keep  the  said  stalls,  stands  and  tables  in 
the    highest   state   of    cleanliness,    and    every  person 


480  MARKETS. 

Time  of  leav-  neglecting  to  comply  punctually  with  the  conditions  of 
this  section,  or  who  shall  not  quit  the  said  market  at 
the  hour  specified,  shall  be  subject  to  the  penalties 
stipulated  in  section  32  of  this  ordinance. 

Weights  and     Art.  1185.  (25)  That  no  scales,  weights  or  measures 

measures.  /  o 

lb.  shall  be  used  in  any  of  said  public  markets  unless  same 
are  proved  and  stamped  in  accordance  with  law. 
Wagons   for     ^jjrp    USQ.   (26)  That  each  and  every  cart  or  wagon 

conveyance    ot  ^        ■^  -  „'  o 

vegetables,  ^^  for  the  couveyancc  of  vegetables  to  the  public  markets 
of  this  city  shall  have  the  right  to  back  up  to  the  ban- 
quettes alongside  of  said  markets ;  provided,  however, 
that  between  the  hours  of  7  o'clock  A.  m.  and  2  o'clock 
p.  M.  they  shall  not  be  permitted  to  make  sales  there- 
from, but  may  deliver  goods  previously  sold  to  occu- 
pants of  stalls  or  stands  during  any  hour,  and  no 
market  fees  or  dues  shall  be  collected  from  said  wagons; 
and  provided  further,  that  in  taking  their  positions  they 
be  separated  at  least  three  feet  in  order  to  allow  pedes- 
trians to  cross  from  one  side  of  the  street  to  the  other, 
and  that  any  violation  of  the  above  shall  subject  the 
offender  to  the  penalties  stipulated  in  section  32  of  this 
ordinance. 

si^e^^mwke't  ^^'^'  H^^-  (^7)  That  party  or  parties  purchasing  the 
limits.  ^^  right  to  collect  the  revenues  of  the  markets  under  this 
ordinance  shall  agree,  and  it  will  be  so  stipulated  in  the 
notarial  contract  between  the  city  and  said  party  or  par- 
ties, that  no  comestibles,  nor  goods,  nor  merchandise  of 
any  nature  or  kind  shall  be  sold  outside  of  the  limits  or 
space  covered  by  the  roof  of  the  market  hereby  leased, 
and  according  to  the  plans  of  the  public  markets  now  on 
file  in  the  office  of  the  City  Surveyor  any  party  or  par- 
ties exhibiting,  offering  for  sale  or  selling  any  such  arti- 
cles on  the  sidewalk  or  on  the  public  walks  in  front,  in 
the  rear  or  around  any  of  the  markets  sold  under  this 
ordinance  shall  be  subject  to  the  penalties  stipulated  in 
section  32  of  this  ordinance,  and  for  any  such  exhibi- 
tion, offer  for  sale,  or  sale  there  made  by  authority  of 
the  contractor  or  contractors  hereunder,  they  shall  be 
subject  to  the  penalties  stipulated  in  section  32  of  this 
ordinance. 


MARKETS.  481 

Art.  1188.  (28)  That  no  empty  boxes,  barrels  or  other  ^Empty^boxes, 
vessels  other  than  specified  in  this   ordinance    shall   be  ^^■ 

permitted  in  the  markets,  and  boxes,  barrels  or  other 
vessels  containing  articles  designed  for  sale  in  the  mar- 
kets, which  may  be  bought  within  the  markets,  shall  be 
immediately  emptied  of  their  contents  and  immediately 
removed  nnder  the  penalties  imposed  in  section  32  of 
this  ordinance. 

Art.  1189.  (29)  That  all  new  tops  of  stalls  or  stands  Tops  of  stalls 
shall  be  furnished  by  and  at  the  expense  of  occupants 
of  said  stalls  or  stands,  and  that  the  same,  together  with 
all  other  improvements,  shall  revert  to  the  city  when 
the  occupant  or  occupants  give  up  renting  the  said  stalls 
or  stands. 

Art.  1190.  (30)  That  it  shall  not  be  lawful  for  any  Fresh  meat, 
butcher  or  vendor  of  fresh  meat  in  any  public  market  Ing^  ""  '""^' 
in  the  city  to  bring  any  fresh  meat  into  any  of  said 
markets  before  the  hour  of  2  o'clock  a.  m.,  nor  to  leave 
any  fresh  meat  in  any  of  said  markets  after  the  closing 
of  such  markets  on  any  day  between  the  1st  of  May  and 
the  1st  of  October. 

Art.  1191.  (31)  That  it  shall  be  the  duty  of  the  Com-    ordinance  to 
missioner  of  Police  and  Public  Buildings  to  cause  to  be  ^  ^°''**  '    ib. 
posted  up  in  each  of  the  several  markets  in  this  city  six 
copies  of  this  ordinance — two  in  English,  two  in  Ger- 
man, two  in  French. 

Art.  1192.  (32)  That  any  person  who  shall  be  found  Penalty, 
guilty  before  the  Recorder  of  the  district  in  which  the 
offence  is  committed  of  any  violation  or  evasion  of  any 
of  the  provisions  of  this  ordinance,  for  which  a  penalty 
is  not  otherwise  provided,  shall  be  fined  not  more  than 
twenty-five  dollars  ($25)  and  in  default  of  payment 
of  the  fine  imposed,  to  imprisonment  in  the  parish 
prison  for  a  term  not  exceeding  thirty  (30)  days. 

Art,  1193.  (33)  That  each  day  any  party  shall  con-  separate  of- 
tinue  to  violate  the  provisions  of  this  ordinance  shall  *"*^^*'  ib. 
constitute  a  separate  offence. 

Art.  1194.  (34)  That  nothing  herein  contained  shall  saie  of  truus, 
be  construed  as  giving  the  lessee  or  lessees  the  right  to  ttlrei'  * ""  °  "" 
interfere  in  the  sale  of  fruit  from  stores  or  stands  in  the 


482  MARKETS. 

city  of  New  Orleans ;  provided,  that  when  such  stores  are 
located  within  the  prescribed   limits,  fruit  only  shall  be 
sold  therein. 
Repealing     Art.  1195.  (35)  That  all  ordinances  or  resolutions,  or 
^  ""^*'        lb.  parts  of  ordinances  or  resolutions,  contrary  to  or  in  any 
wise  conflicting  with  the  provisions  of  this  ordinance,  be 
and  the  same  are  hereby  repealed. 
ord'So'  ^^'^'  ^^^^'  '^^^^  f^om  and  after  the  passage  of  this 

*^*A'riiii  iSo   ordinance   the  unoccupied  space    in    the    Bazaar    Mar- 
ket be  and  the  same  is  hereby  set  aside  for  the  use  of 
florists,  provided  all  laws  and  ordinances  governing  the 
markets  are  complied  with. 
Aiterine,  in-      ^rt    1197,  That  any  person  who  shall   without   au- 

juring,    chang-  •'      '^ 

ing  or  remoy- thority  and  express  consent  of  the  city  of  New  Orleans, 

ing  any  public  •/  r-  ./  7 

•naj^et.  in  a  rcgularly  adopted  and  promulgated  ordinance  or 

^^Ari  jg^^  resolutions  hereafter  adopted  and  promulgated,  giving 
special  right  and  authority  so  to  do,  change,  alter,  injure 
or  remove,  or  attempt  to  change,  alter,  injure  or  remove, 
any  public  market  of  the  city  of  New  Orleans,  or  in 
any  manner  meddle  or  interfere  therewith,  or  change 
the  site  or  location  thereof  by  force  or  by  taking  the 
same  or  any  part  thereof  away  from  its  present  site  in 
any  manner  or  by  any  means  without  having  first  ob- 
tained authority  as  aforesaid,  or  any  person,  agent  or 
employee  or  workman  who  shall  aid  or  assist  in  the 
commission  of  any  of  said  acts  shall  be  deemed  guilty 
of  an  offence  against  the  city  of  New  Orleans,  and  on 
conviction  in  any  court  having  jurisdiction  of  offences 
against  the  city  of  New  Orleans  in  violation  of  its  or- 
Penaity.  diuanccs  shall  be  each  fined  not  more  than  $25  and  im- 
prisonment for  a  term  not  less  than  thirty  days  for  each 
offence  and  violation  of  this  ordinance.  That  all  or- 
dinances or  parts  of  ordinances  in  conflict  with  this  or- 
dinance are  hereby  repealed. 
Claiborne     Art.  1198.  That  the  public  market  of  the  city  on  Clai- 

Market.  .  p    m     i  j 

Ord.  No.  4456,  borne  street,  near  the  junction   of  lulane  avenue  and 

*Aprii  29, 1890.  Claiborne  street,  known  as  the  Claiborne  Market,  is  at 

its  present  site  indispensable  for  the  convenience,  use 

and  comfort  of  the  inhabitants  of  the   city  and  to  the 

income  and  revenues  of  the  city,  and  that  the  present 


MARKETS.  483 

site  and  location  thereof  can  not  be  changed  without  im- 
pairing the  comfort,  convenience  and  health  of  said  in- 
habitants, and  that  said  public  market  house  shall  con- 
tinue and  remain  on  and  at  its  present  site,  which  is 
hereby  again  dedicated  to  that  use,  and  shall  continue  a 
public  place  and  market  by  express  dedication  made 
under  and  in  the  exercise  of  the  public  and .  municipal 
power  vested  in  law  in  the  government  of  the  city  of 
New  Orleans  to  provide  for  the  health,  safety  and  com- 
fort of  the  inhabitants  thereof  and  control  of  all  public 
ways,  places  and  markets. 

Art.  1199.  (2)  That  all  ordinances  or  parts  of  ordi-  ,     Repealing 

^     '  ^  clause. 

nances  in  conflict  with  this  ordinance  be  and  are  hereby  ib. 

repealed  in  so  far  as  they  conflict  herewith,  and  that  the  city  Attorney 
City  Attorney  is  directed  to  take  prompt  proceedings  in  «nst'-«c«ed.  ^^ 
the  courts  to  prevent  and  punish  any  trespass  on  the  site 
so  dedicated  to  said  public  market  or  any  interference 
with  said  market  house,  by  any  person  or  corporation 
whatsoever,  and  that  this  ordinance  be  in  force  from  and 
after  its  adoption  and  promulgation. 

Art.  1200.  That  the  Comptroller  be  and  he  is  hereby    comptroller 

'■  -^   to  advertise. 

directed  to  advertise  for  ten  (10)  days  in  the  ofiicial  oi^- No.  7298, 
journal  for  sealed  proposals  for  the  sale  of  the  revenues  Mar.  14. 1893. 
or  lease  of  the  several  public  markets  of  the  city,  as  fol- 
lows, viz. :  Algiers  Market,  Claiborne  Market,  Dryades 
Market,  Delamore  Market,  French  Meat  Market,  French 
Fish  and  Vegetable  Market,  French  Fruit  Market,  Guil- 
lotte  Market,  LeBreton  Mai-ket,  Magazine  Market,  Ninth 
Street  Market,  Pilie  Market,  Poydras  Market,  Shaks- 
peare  Market,  Soraparu  Market,  St.  Bernard  Market, 
Treme  Market,  Washington  Market,  one-half  of  St. 
Mary's  Market,  furthest  from  the  river.  The  same  to 
be  sold  in  bulk,  and  the  adjudication  shall  be  for  the 
term  of  three  (3)  years,  commencing  and  to  be  com- 
puted from  the  first  day  of  May,  1893,  and  ending  on 
the  thirtieth  day  of  April,  1896,  inclusive. 

Art.  1201.  (2)  That  the  lessee  or  lessees,  or  purchaser    payments, 
or   purchasers   of   revenues  of  the    said    markets  bind  ^^' 

themselves  to  pay  into  the  City  Treasury,  in  cash,  cur- 
rent money  of  the  United  States,  for  the  month  of  May, 


484  MARKETS. 

1893,  on  signing  of  contract,  a  sum  ecjual  to  one  thirty- 
six  (1-36)  of  the  entire  sura  bid  for  the  lease  of  the  said 
public  markets  for  three  (3)  years,  and  for  the  remain- 
ing thirty-five  months  shall  furnish  notes  of  equal 
amounts,  aggregating  total  amount  of  bid,  made  paya- 
ble to  the  city  of  New  Orleans,  on  the  fifteenth  (15)  day 
of  each  month  preceding  the  month  for  which  they  are 
given ;  the  said  notes  to  be  endorsed  to  the  satisfaction 
of  the  Mayor  and  the  committee  on  finance  of  the  City 
Council. 
Repairs.  ^^  ^jj^  ^202.  (3)  That  the  lessee  or  lessees  or  purchasers 
of  the  revenues  of  the  said  markets  shall  in  addition  to 
sum  specified  in  their  bid,  pay  to  the  city  of  New  Or- 
leans the  sum  of  twenty-thousand  ($20,000)  dollars  in 
three  equal  instalments  of  six  thousand  six  hundred 
and  sixty-six  and  .66^3  dollars  ($6666.66%)  ea«h,  as 
follows :  The  first  instalment  shall  be  paid  within  six 
(6)  months  from  the  signing  of  the  contract,  and  the 
second  and  third  instalments  shall  be  paid  within  one 
and  two  years  respectively,  after  maturity  of  the  first 
instalment;  said  twenty  ($20,000)  thousand  to  be  ex- 
pended by  the  city  of  New  Orleans  through  the  Com- 
missioner of  Police  and  Public  Buildings  in  repairing 
and  keeping  in  repair  the  said  public  markets;  said 
work  to  be  done  under  specifications  to  be  made  by  the 
City  Surveyor.  A  failure  on  the  part  of  lessee  or 
lessees  or  purchaser  or  purchasers  to  promptly  pay  the 
said  twenty-thousand  ($20,000)  as  above  provided  for 
shall  work  immediate  forfeiture  of  this  contract,  and  the 
city  will  at  once  be  authorized  to  assume  the  control 
and  management  of  said  markets. 

Forfeiture  for        ART.   1203.    (4)  That  it  shall  be  stipulated  in  said  con- 
non-payment 

ot  notes.  tract  or  lease,  and  agreed  upon  by  said  lessee  or  lessees, 

or  purchaser  or  purchasers,  that  in  the  event  of  the  non- 
payment of  any  of  the  said  notes  at  maturity  the  said 
lease  shall  thereby  be  forfeited  and  become  null  and 
void  at  the  option  of  the  Council,  and  the  Council  may 
re-enter  upon  the  possession  of  said  markets  without 
legal  proceedings,  and  may  readjudicate  the  same  for  the 
unexpired  term  of  said  lease  by  public  auction  for  amount 


MARKETS.  485 

and  at  the  risk  of  the  defaulting  purchaser  or  purchas- 
ers or  lessee  or  lessees,  and  without  indemnity. 

Art.  1204.  (5)  That  the  person  or  persons  to  whom  the  abYe°*etr"with 
revenues  of  any  of  the  public  markets  may  be  sold  shall  °^'  ^it""coun" 
not  sell,  transfer,  set  over  or  assign  his  or  their  right,  <=•'•  ^^ 

site  or  interest  in  the  same  to  any  person  or  persons 
whatever  without  having  previously  obtained  the  consent 
of  the  City  Council. 

Art.  1205.  (6)  That  the  purchaser  or  purchasers  or    shaii  sign 
lessee  or  lessees  of  said  markets  and   the  endorsers  of  tract, 
said  notes,  as  above  provided,  shall  all  sign  the  notarial 
contract  as  above  specified,  and  in  said  act  it  shall  be 
stipulated : 

1.  That  on  the  non-payment  of  any  of  said  notes  at  stipulations, 
maturity  all  the  subsequent  notes  shall  immediately  '^' 
come  due  and  exigible. 

2.  That  said  notes  shall  be  payable  only  in  current 
money  notes  of  the  United  States. 

3.  That  the  makers  and  endorsers  of  said  notes 
renounce  and  surrender  all  right  to  set  up  in  compensa- 
tion or  set  off  against  the  city  any  claim  of  any  kind  or 
nature  whatsoever  that  they  now  have  or  may  hereafter 
acquire  against  the  city  of  New  Orleans,  and  that  the  said 
makers  or  endorsers  bind  themselves  not  to  make  any 
attempt  to  violate  the  provisions  of  this  section  under  a 
penalty  of  one  thousand  dollars  ($1000),  for  which  they 
bind  themselves  in  solido. 

Art.  1206.  (7)  That  the  city  reserves  police  control  of  Police  control, 
said  markets,  and  to  compel  the  enforcement  of  all  existing 
ordinances  and  those  which  may  hereafter  be  adopted  by 
the  City  Council ;  provided,  that  nothing  in  this  ordi- 
nance shall  be  so  construed  as  to  exempt  from  liability 
the  said  lessee  for  any  acts  of  oppression  by  said  police 
toward  farmers  who  make  sales  of  their  vegetables  at 
said  markets. 

Art.  1207.  (8)  That  all  ordinances  or  parts  of  ordinances    Repealing 
in  conflict  herewith  be  and  are  hereby  repealed,  and  the*^  ^"^^"        ib 
city  reserves  the  right  to  reject  any  and  all  bids.     All 
bids  must  be  accompanied  by  a  deposit  of  five  thousand 
dollars  ($5000)  as  an  evidence  of  the  good  faith  of  the      ^^°'"'   ib. 
bidder. 


486  MARKETS. 

c°s.%?rmtnd.'     ^^T.  1208.  (9)  That  Ordinance  No.   4155,   C.   S.,    as 
|£to  remain  in  amended  by  Ordinances  Nos.  4274,  5917  and  6691,  C.  S., 
^''•bein^an  ordinance  for  the  government  of   the  public 
markets  of  the  city  of   New  Orleans,  shall   remain    in 
effect,  and  the  lessee  or  lessees  or  contractors  shall  ac- 
cept the  same  and  be  bound  by  the  provisions  thereof. 
Acceptinpbid     Art.  1209.  That  the  bid  of  J.  H.  Hinrichs  for  the  pur- 
Hchs.     ■     '"  chase  of  the  revenues  of  the  public  markets,  at  the  price 
c. s.'    °'^^^  'of  one  hundred  and  ninety  thousand  two  hundred  dol- 
pn  I  .'893.  j^j.g  (^190,200)  per  annum,  under  the  terms  and  specifi- 
cations of  Ordinance  No.  7298,  C.  S.,  the  said  right  of  col- 
lection to  extend  for  a  period  of  three  years,  commencing 
from  the  1st  of  May,  1893,  to  the  30th  of  April,    1896, 
inclusive,  be  and  the  same  is  hereby  accepted,  and   the 
Mayor  is  hereby  authorized  and  directed  to  enter  into  a 
notarial  contract  with  tha  said  J.  H.  Hinrichs,  embody- 
ing the  provisions  of  this  ordinance  and  Ordinance  No, 
7298,  C.  S. 
Repealing     Art.  1210.  That  Ordinance No.  5587,  C.  S.,  be  and  is 
c^s.    °'      ^'hereby  repealed,  same  being  in  conflict  with   existing 
c.  s. "  '*'  market  lease  and  ordinance  authorizing  same. 

Nov.  17, 1894. 

ST.    MARY'S   MARKET, 

Repealing  Whereas,  the  St.  Mary's  Wholesale  Fruit  and  Vege- 
in  reference^^io  table  Market  Company,  Limited,  have  failed  to  comply 
Market,  and^th-  with  the  provisious  of  contract  entered  into  between  the 
of  a'^whoiwaie  city  of  Ncw  Orlcaus  and  Jose  Raymond,  under  Ordinances 
tabie^marker'  Nos.  4399  and  4779,  Council  Series,  which  said  rights 
c.  s.'    °'  *^^  have  been  transferred  to  Ihe  said  St.  Mary's  Wholesale 


Nov,  7,  1893. 


Fruit  and  Vegetable  Market  Company,  Limited,  and  rec- 
ognized by  the  city  of  New  Orleans,  by  virtue  of  Ordi- 
nance No.  5788,  C.  S,,  in  this,  that  the  said  company 
has  failed  after  the  extension  of  the  period  named  in 
which  the  construction  of  the  building  of  said  market 
house  should  be  completed ;  therefore. 

Art,  1211.  That  Ordinances  Nos.  4265,  4399,  4653, 
4779,  5774,  5788  and  6964,  Council  Series,  and  all  other 
ordinances  relative  to  the  construction  of  said  market 
house,  be  and  the   same  are  hereby   repealed,  and   all 


MARKETS.  487 

rights  and   privileges   granted   thereunder   be  and  are 
hereby  revoked. 

Art.  1212.  That  one-half  of  the  St.  Mary's  Market  be    st.  Mary's 
and  the  same  is  hereby  set  aside  for  a  wholesale  and  re-  or*d!''No.  10,738, 
tail  fruit  and  vegetable   market,  and  the  City  Engineer    M^y  14,  1895. 
be  and  he  is  hereby  directed  to  prepare  plans  and  speci- 
fications for  same. 

Art.  1213.  That  the  City  Surveyor  be  and  he  is  here-  pubiic  Market 
by  directed  to  prepare  specifications  for  a  one-story  s°q^u\"r'^s 
market  house  to  be  built  on  the  two  squares  of  ground  Petersf^^Fii^ 
bounded  by  Peters,  Fulton,  Front,  North  Market  and  an^dNorTh 
South  Market  streets  in  lieu  of  specifications  for  said  ut^et^s.^ 
market  house  embodied  in  contract  with  Jos.  Raymond  c^g^  ^*'"*^^^* 
under  Ordinance  No.  4399,  C.  S.  '  ^"^-  ^'  '^■ 

Art.  1214.  That  upon  completion  and  approval  of  the 
said  specifications  by  the  City  Council  the  said  contract 
shall  be  so  amended  as  to  conform  with  the  new  specifi- 
cations for  a  one-story  market  house. 

Art.  1215.  That  the  specifications  prepared  and  com-    specifications 
pleted  by  the  City  Sui-veyor  as  per  Ordinance  No.  '^6^S,'^^^fJ^'i:^^°: 
C.  S.,  for  a  one-story  market  house   to  be  built  on  the  Pord!*No.  4779, 
two    squares    of   ground   bounded  by   Peters,    Fulton,  ^^Jct.  ^^  ,890. 
Front,  North  Market  and  South   Market  streets,  in  lieu 
of  specifications  for  said  market  house  heretofore  made 
under  Ordinance  No.  4399,  C.  S.,  be  and  the  same  are 
hereby  approved,  and  that  the  contract  made  under  said 
Ordinance  No.  4399,  C.  S.,  be  amended  to  conform  with 
said  new  specifications. 


PRYTANIA   street   MARKET. 

Art.  1216.  That  the  Comptroller  advertise  in  the  offi-  Erection  of 
cial  journal  during  fifteen  days  for  sealed  proposals  for ^uh i^^'s* t! 
building  a  market  house  in  that  portion  of  the  city  of  ^n"'*  v^efce 
New  Orleans  included  within  St.  Charles,  Magazine,  streets.^""*** 
Valence  and  Soniat  streets,  in  the  Sixth  Municipal  c°sf' ^*'"*^^^' 
District,  said  work  to  be  adjudicated  to  the  bidder  AmendLci'  Sd! 
who  shall  assume  to  erect  the  same,  in  accordance  with  l*^""  '*^''  ^' 
plans  and  specifications  on  file  in  the  offtee  of  the  City 
Surveyor,  upon  his  own    land.     The  space  to  be  occu- 


488  MARKETS. 

pied  by  the  building  to  contain  not  less  than  6000  square 
feet  and  to  be  so  situated  as  to  be  accessible  from  all 
sides,  by  a  street  not  less  than  forty  feet  wide,  free  from 
all  encumbrances  of  any  nature,  in  consideration  of  the 
transfer  to  him  of  the  revenues  of  the  market  for  thirty 
years  from  the  date  of  signing  contract.  The  land  and 
construction  to  become  municipal  property  at  the  sign- 
ing of  the  contract  and  the  ownership  to  become  abso- 
lute, at  the  expiration  of  the  time,  in  the  city.  The 
city  reserves  the  right  to  reject  any  and  all  bids. 

ROCHEBLAVE   MARKET. 

Rochebiave     Art.   1217.  That   the   Comptroller   advertise    in   the 

Ord.No*4778',  official  journal  during  fifteen  days  for  sealed  proposals 

Oct.  7,  1890.  for  building  a  public  market  in  that  portion  of  the  city 

of  New  Orleans  included  within  Miro,  Salcedo,  Orleans 

and  Canal    streets,  in  the   Second  Municipal   District; 

said  work  to  be  adjudicated  to  him  who  shall  assume  to 

erect  the  same  at  his  own  expense,  in  consideration  of 

the  transfer  to  him  of  the  revenues  of  the  market  for 

thirty  years  from  the  date  of  signing  the  contract,  upon 

his  own  land,  in  accordance  with  plans  and  specifications 

on  file  with  the  City  Surveyor.  The  space  to  be  occupied 

by  the  building  to  contain  not  less  than  3000  square 

feet  and  to  be  so  situated  as  to  be  accessible  from  at 

least  two  sides  by  streets  not  less  than  forty  feet  wide, 

and  from  the  other  two  sides  by  alleyways  not  less  than 

ten  feet  wide.     The  land  and  construction  to  become 

municipal  property  at  the  signing  of  the  contract  and 

ownership  to  become  absolute  at  th^  expiration  of  the 

time  in  the  city.     The  city  reserves  the  right  to  reject 

any  and  all  bids. 

Rejecting     Art.  1218.  That  the  bids  from  Mcssrs.  Johu  Triscoui 

Triscon^i  a'ii  d  and   Fcrgus   Kernan   for  the   construction  of  a  public 

ord.  No.  5839,' market  submitted  under  Ordinance  No.  4778,  C.  S.,  be 

bee.  8,  1891.  and  the  same  are  hereby  rejected. 

Repealing     -A^^T.  1219.  That  Ordinance  No.  5718,  C.  S.,  instruct- 
ord^  No.  671S,  •  jjg  ^Yie  Comptroller  to  advertise  for  bids  for  the  con- 
^^-  struction  of  a  public  market  be  and  the  same  is  hereby 
repealed. 


MARKETS.  489 

Art.  1220.  That  the   Comptroller  be  and  is  hereby  ^f^^'^/^i'jj; «f 
directed  to  re-advertise  for  five  (5)  days  for  bids  at^<i^"»*«-    j^ 
public  auction  for  the  construction  of  a  piiblic  market  as 
provided  for  in  Ordinance  No.  4778,  C.   S.,  amount  bid 
to  be  paid  cash  upon  adjudication  of  contract. 

Art   1221.  That  the  Comptroller  is  hereby  authorized  co^'p';;=^^/J  "^f 
to  re-advertise  the  sale  at  public  auction  of  a  public  market  ''oXyto.  6230, 
in  the  Second  District  of  this  city,  all  in   conformity  ^/p^ii  s,  1892. 
with  Ordinance  No.  4778,  C.  S.,  adopted  October,  1891, 
and  Ordinance  No.   5839,  C.   S.,  adopted  December  8, 
1891.     Ten  per  cent,  of  amount  offered  to  accompany 
the  bid,  and  the  balance  to  be  paid  upon  the  signing  of 
amount  for  same. 

Art.  1222.  That  the  Mayor  is  hereby   authorized  to      Authorizing 

*^  signing  of  con- 

sign a  contract  with  Thos.  J.  Raymond,  for  the  building  ^r^a^c  t  w^uh 

of  a  public  market  in  the  Second  District  of  this  city,  mond 

^  Ord.No.  6323, 

under  Ordinances  Nos.  4778,  5839,  6230,  C.  S. :  provided,  c.  s. 
that   said   building   shall   be   commenced   within  three 
months  and  completed  within  nine  months  from  date  of 
promulgation  hereof. 

Art.  1223.  That  his  honor  the  Mayor  be  and  he  isTST'^K^ay- 
hereby  authorized  and  directed  to  enter  into  notarial  j^J'^°''.^*<"'gq'^2re 
contract  with  Thomas  J.  Raymond  for  the  erection  of  a  Jj^^'J^"  1^,^^^^^^ 
market  in  square  bounded  by  Miro,  Salcedo,  Orleans  oriean  s^^an^d 
and  Carbral  streets,  as  per  adjudication  of  Comptroller  ^ord.  No.  6342, 
of  date  April  18,  1892.  May  .7.  .892. 

Art.   1224.  That  the  Rocheblave  Street  Market  Com-     Recognizing 

Rocheblave 

pany,  Limited,  be  and  it  is  hereby  recognized  as  the  street  Market 
transferees  of  the  contract  entered  into  between  Thomas  transferees  o  f 
J.  Raymond  and  the  city  of  New  Orleans  by  act  passevi  mond. 

./  r-  ^j^^j  jj^  ^22, 

before  Joseph  D.  Taylor,  notary  public,  on  the  12th  dayc  s. 
of  July,  1892,  for  the  construction,  maintenance  and  op- 
eration of  a  public  market  at  the  corner  of  Rocheblave 
and  Customhouse  streets,  in  this  city,  in  pursuance  of 
the  provisions  of  Ordinances  No.  4778  and  No.  6342, 
Council  Series. 

Art.  1225.  That  the  Commissioner  of  Public  Works   chainsacross 
cause  to  be  reinstated  the  chain  across  the  head  of  St.   Ord.  No.  co^, 
Philip  street,   between  the  Vegetable  and  Fruit  Mar-    Jan.  1.?.  is^i. 
kets  in  the  same    condition  it  was  when  removed   by 
one  of  his  employees. 


490  MARKETS. 

^Chams  across  ^RT.  1226.  That  the  Commissioner  of  Police  and 
^^-  Public  Buildings  be  authorized  to  cause  chains  to  be 
placed  across  streets  separating  two  parts  of  any  market 
during  market  hours  on  Sundays  and  other  holidays, 
and  across  streets  fronting  courthouses  during  the  ses- 
sions of  said  courts. 


SECOND    STREET   MARKET. 

Art.  1227.  That  the  Commissioner  of  Police  and 
Public  Buildings  be  and  he  is  hereby  authorized  to  ap- 
point a  collector  for  the  Second  Street  Market,  at  a  salary 
of  fifty  dollars  per  month,  until  such  time  as  the  city  dis- 
poses of  said  market. 

Art.  1228.  That  the  salary  of  said  collector  shall  be 
paid  out  of  the   revenues  of  the  Second  Street  Market. 

Ordinance  No.  9794,  C.  S.,  directs  Comptroller  to  advertise 
revenues  of  market  for  sale. 

Ordinance  No.  9966  accepts  bid  of  H.  B.  Bowles  for  revenue  of 
market,  in  accordance  with  specifications,  at  rate  of  $500  per 
month,  and  directs  Mayor  to  enter  into  notarial  contract  with 
said  Bowles  for  same.. 

CARROLLTON   MARKET. 

to^advmiLT."^'     Art.  1229.  That  the  Comptroller  be  and  he  is  hereby 

cJi'.  ^°"  ^^^^'  directed  to  advertise  in  the  official  journal  for  ten  days 
June  27,  1893.  £qj.  ggaled  proposals  for  the  lease  of  the  Carrollton  mar- 
ket for  a  period  of  three  years  from  September  17,  1893, 
in  accordance  with  existing  ordinances  governing  said 
market. 

Accepting  bid  Art.  1230.  That  the  bid  of  Albin  Spiess  for  the  leas- 
spiesf^ ""  "  ing  of  the  Carrollton  Market  for  a  term  of  three  years 

^ord.  No.  7967,  from  September  7,  1893,  under  Ordinances  Nos.  2094, 
Aug.2...893.c  g^  a^^  2495,  C.  S.,  for  the  sum  of  fifteen  hundred 
and  fifty  one-hundredths  dollars  ($1500.50)  per  annum, 
be  and  the  same  is  hereby  accepted,  and  that  the  Mayor 
be  and  he  is  hereby  directed  and  authorized  to  enter 
into  notarial  contract  with  the  said  Albin  Spiess  as  per 
bid  of  July  12,  1893. 


MARKETS. 


WASHINGTON  AVENUE  MARKET. 


Art.  1231.  (1)  That  upon  compliance  with  the  terms  Permission. 

and  conditions,   as   per  specifications  furnished  by  the  Aprii.'fsyi. 

City  Surveyor,  permission  is  hereby  g^ranted  to  Joseph  Nov.*  m.'^* 

Raymond  to  erect  a  market  house  on  a  portion  of  the  dcc'i^t^' 

neutral  ground  of  Washington  avenue,  facing  St.  Claude  May!  il??! 

street,  Third  District  of  the  city.  jline.^iSys 


Art.  1232.  (2)  That  the  said  market  house  is  to  be 


lb. 

Manner    and 

built  in  a  substantial  and  workmanlike  manner,  accord- *^°«^.°*  *^°"- 

'  struction. 

ing  to  plans  and  specifications.  The  cost  and  expense 
of  erecting  said  market,  together  with  the  material,  to 
be  paid  for  by  said  Joseph  Raymond ;  after  its  comple- 
tion, all  of  the  work  to  be  accepted  by  the  City  Surveyor 
and  the  Administrator  of  Waterworks  and  Public 
Buildings. 

Art.  1233.  (4)  That  the  owner  or  owners  of  said  mar-  Term  of 

ket  shall  have   the   privilege   for   twenty  years  and  six  ''T.'sfjsis. 
months  after  completion  of  same  to  rent  the  stands  and    ^^^'  '^'^' 
stalls  therein  for  the  sale  of  such  articles  as  are  allowed 
to  be  sold  in  the  public  markets  of  this  city,  and  during 
the  space  of  twenty  years  and  six  months  the  said  prop- 
erty is  to  be  exempt  from  all  city  taxation. 

Art.  1234.  (5)  That  at  the  expiration  of  said  twenty  Reversiou 
years  and  six  months  the  said  market  house  and  appur- 
tenances shall  be  turned  over  to  the  city  of  New  Orleans, 
and  said  city  shall  be  placed  in  full  possession  and 
ownership  of  said  market. 

Art.  1235.  (6)  That  this  market  shall  always  be  un-    Authority  of 
der  the  supervision  of  the  proper  city  officers,  and  be  *^'a.'  s.  2569. 
subject  to  such  ordinances  as  are  in  force  for  regulating      *"  ' '  ^^' 
the  sale  of  meats,  etc.,  and  regulating  the   charges  for 
the  use  of  stands  and  stalls. 

Art.  1236.  (7)  That  at  no  time   shall  the  city  levy    Exempt  from 
taxes  on  said  market,  and  the  said  owners  do  bind  them-  '     ib. 

selves  that  at  no  time  during  the  said  twenty  years  and 
six  months  they  are  in  possession  will  they  divert  the 
said  market  house  from  the  uses  for  which  the  preceding 
privileges  have  been  granted. 


Ib. 


492  MARKETS. 


KELLER   MARKET. 

Privilege  lo     Art,  1237.  That  the  Mayor  be  and  is  hereby  author- 
N.  s.  s^lV'    ized   to  enter  into  the  necessary   notarial  act  before  the 
N."!86s.  ^*   City  Notary  with  John  H.  Keller,  Esq.,  for  the  erection 
N.*s?ili'4.  ■  of  a  market  house  on  a  square  of  ground  situated  in  the 
N?s.ii6s.     Fourth   District   and  bounded  by  Felicity  road,  St.  An- 
Dec.  i86S.     (jj,g^^  Magnolia  and  Solis  streets,  and  for  collecting  the 
revenues   therefrom  for  the  space  and   term  of   thirty 
years   from  the   date  of  the  completion  of  said  market 
house  and  acceptance  of  the  same  by  the  City  Surveyor, 
and  at  the  expiration  of  said  thirty  years'  privilege  the 
said   market  and  square   of  giound  above  described  to 
revert  to  the  city  of   New  Orleans,   without  compensa- 
tion being  made  by  the  city  to  said  Keller,  contractor. 

SIXTH   DISTRICT  MARKET.  . 

Acceptance  of     Art.  1238.  That  the  bid  of  Thomas  Carey  to  build  a 
A.S.S0Q3,      market  house  in  the  Sixth  District  on  Magazine  street, 

June,  1879,  °  ' 

between  Napoleon  avenue  and  Berlin  street,  for  the 
revenues  of  the  same  for  the  term  of  eighteen  years  be 
and  is  hereby  accepted,  and  that  the  Mayor  be  and  is 
hereby  authorized  to  enter  into  contiact  with  the  said 
Carey  for  the  faithful  performance  of  the  work. 

Completion  of     Art.  1239.  That  the  first  of  November,  1879,  shall  be 

A.  s.  7496.      considered  as  the  date  of  the  completion  and  acceptance 

'^''    '■     thereof   by   the  City    Council  of  New  Orleans   of  the 

Sixth  District  Magazine  Market,    situated  on  Magazine 

street,  between  Napoleon  avenue  and  Berlin  street ;  and 

that  the  collection  of  the  revenues  thereof  by  Thomas 

Carey,  or  to  whomsoever  he  may  dispose  of  or  assign 

his   rights   and   privileges   under  Ordinance  No.  5093, 

A.  S.,  shall  cease  on  the  thirty-first  of  October,  1897,  at 

which  date  the  said  market  and  revenues  thereof  shall 

become  the  property,  unconditionally,  of  the  city  of  New 

Orleans;  that  said  Thomas  Carey,  or  the  parties  holding 

Collection  of  under  him  by  sale,  assignment  or  otherwise,  to  be  sub- 
revenues.         .  1  . 

ib.ject  to  the  conditions  of  the  notarial  contract  entered 

into  between  the  said  Thomas  Carey  and  the  Mayor  of 


MARKETS.  493 

the  city  of  New  Orleans,  under  said  Ordinance  No.  5093, 

A.  S. 

PRIVATE    MARKETS. 

Art.  1240.  (1)  That  liereafter  it  shall  not  be  lawful  for    unlawful  to 

^     ''  establish, 

anv  one  to  set  up  and  establish  a  private  market  for  the  ^^^en. 

'  t-  f  Ord    No.  76j7, 

sale  of  meats,  fish  and  vegetables  or  other  comestibles,  c.  s. 

Alay,  23, 1893. 

except  upon    complying    with  the  regulations    or  con- 
ditions imposed  under  this  ordinance. 

Art.  1241.  (2)  That  the  private  market  building  used    construction. 
for  such  purpose    shall  not  be  less   than  ten  by  fifteen 
feet  in  superficial  area,  sixteen  feet  in  height  from  floor 
to  ceiling,  disconnected  from  any   other  building,  and 
separated  therefrom  by  a  distance  of  not  less  than  three 
feet  six  inches;  it  shall  be  well  ventilated,  and  the  floor         Hours  of 
shall  be  of  flagging  or   cement  pavement.     That  after  "p*""'"^- 
the  hour  of  12  m.  of   each   day   there    shall  be  no  sales 
made ;  that  before  1  p.  m.  of  each   day  the   stalls  and    cleanliness. 
stands  in  said  private  markets  are  required  to  be  washed 
and  cleaned,  so  as  to  keep  them  in  the  highest  state  of 
cleanliness.     That   after  the   said   hour   of  1  p.  m.  the 
said  private  markets  shall   be  subject  to  the  inspection    inspection. 
of  the  police  officers  of  this  city,  whose  duty  it  is  to  in- 
spect the  same  and  report   any   violations  of   the  pro- 
visions of  this  ordinance. 

Art.  1242.  (3)  That  no  private  market  shall  be  es-    Limits. 
tablished    within    twenty-one  hundred    feet   from   any 
public  market. 

Art.  ]243.  (4)  That  any  person  desiring  to  establish  ^J-^'«ns^e^^^and 
a  private  market  shall,  upon  complying  with  the  pro- cny  Engineer 
visions  above  set  forth,  as  to  location  and  construction, 
evidenced  by  a  certificate  to  that   effect  from  the  City 
Engineer,  shall  obtain  a  license  therefor. 

Art.  1244.  (5)  That  whoever  shall  violate  the  condi-  Penalty.  ^^ 
tions  of  this  resolution  shall  be  subject  to  a  fine  not  to 
exceed  $25,  or  to  imprisonment  in  the  parish  prison  for 
a  term  not  to  exceed  thirty  days;  provided,  that  the 
fine  shall  not  exceed  twenty-five  dollars  or  imprison- 
ment for  more  than  thirty  days. 

Art.  1245.   (G)  That  all  ordinances  or  parts  of  ordi- 


494  MARKETS. 

'^'P^*!,^"^^  nances  upon  the  same  subject  matter  in  conflict  herewith 
'^'•be  and  the  same  are  hereby  repealed. 

Ordinances  Nos.  5748,  5848,  6299  and  6439,  C.  S.,  repealed  by 
Ordinance  No.  6600,  C.  S. 

Ordinances  Xos.  6600  and  6924,  C.  S.,  repealed  by  Ordinance 
No.  7607.  C.  S. 

Act  No.  116  of  1888. 

To  repeal  Act  100  of  the  regular  session  of  1878.  approved  March 
15,  1878,  and  entitled  "An  act  to  repeal  an  act  to  regulate  the 
private  markets  in  the  city  of  New  Orleans,  and  for  other 
purposes,"  etc. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana,  That  Act  No.  100  of  the  General  Assembly 
of  one  thousand  eight  hundred  and  seventy-eight,  approved 
March  15,  1878,  entitled  "  An  act  to  repeal  an  act  entitled  an  act 
to  regulate  the  private  markets  in  the  city  of  New  Orleans,  and 
for  other  purposes,''  be  and  the  same  is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  the  City  Council  of  New 
Orleans  be  and  they  are  hereby  authorized  and  empowered  to 
pass  such  ordinances  for  the  government  and  regulation  of  private 
markets  in  the  city  of  New  Orleans  as  they  in  their  discretion 
may  deem  proper,  and  that  they  be  vested  with  full  power  to 
provide  for  the  enforcement  of  their  said  ordinances ;  provided, 
in  so  doing  they  shall  not  so  construct  their  ordinances  as  to 
violate,  in  fact  or  impliedly,  the  constitutional  provisions  pro- 
hibiting monopolies ;  and  provided,  they  shall  not  prohibit  private 
markets  within  the  populous  districts  of  the  city. 

Sec.  3.  Be  it  further  enacted,  etc..  That  the  said  City  Council 
may  prescribe  by  ordinance  the  manner  in  which  such  private 
markets  shall  be  kept,  and  the  distance  at  which  they  may  be 
located  from  public  markets ;  provided,  no  private  market  shall 
be  established  within  a  walking  distance  of  six  blocks  from  any 
public  market,  the  said  distance  to  be  interpreted  as  meaning 
that  represented  by  six  blocks  in  a  walk  from  the  public  market 
to  a  private  market. 

Sec.  4.  Be  it  further  enacted,  etc..  That  all  laws  or  parts  of  laws 
contrary  to,  or  inconsistent  herewith,  be  and  the  same  are  hereby 
repealed ;  provided,  this  act  shall  not  take  effect  until  after  the 
expiration  of  the  present  lease  of  the  publie  markets. 


Decisions. 

State  vs.  Deffes,  44  An.  164.  Six  blocks  mean  2100  feet  by 
nearest  walking  route. 

State  vs.  Garabaldi,  44  An.  813.  Council  can  not  shift  respon- 
sibility on  property  owners. 


MARKETS.  495 

Power  to  Council  to  refuse  privilege  at  pleasure  illegal.  State 
vs.  Dubarry,  44  An.  1117;  State  vs.  Mahner,  43  An.  496;  Yeick 
Wo  vs.  Hopkins,  218  N.  S.,  346;    State  vs.  Deffes.  45  An.  658. 

Right  to  prescribe  manner  of  keeping  markets.  State  vs. 
Dubarry,  46  An.  33. 

Other  authorities : 

State  vs.  Sarradat,  46  An.  700. 

Vidalat  vs.  City,  43  An.  1121. 

State  vs.  Natal,  42  An.  612. 

•irossige  vs.  City,  41  An.  522. 

State  vs.  Schmidt,  41  An.  29. 

State  vs.  Barthe.  41  An.  47. 

State  vs.  Berard,  40  An.  173. 

State  vs.  Natal,  39  An.  439 ;  41  An.  887. 

State  vs.  Gesih.  31  An.  544. 


PKIVILEGES. 

Ord.  6057.  Appel,  Chas.  F.,  Antonine  and  Magazine  streets. 
Ord.  6.506.  Aquittard,  B.  F.,  St.  Anthony,  between  Prieur  and 

Johnson  streets. 
Ord.  6637.  Abistore,  Jos.  F.,  54  Bourbon  street. 
Ord.  6054.  Bell.  A.,  852  St.  Charles  avenue. 
Ord.  6057.  Balanoise,  Jean,  414  Bagatelle  street. 
Ord.  6057.  Broderick,  F.,  Chippewa  near  Washington  street. 
Ord.  6057.  Bardy,  H.  E.,  Broad  and  Palmyra  streets. 
Ord.  6057.  Boullard.  John  B.,  Third  and  Laurel  streets. 
Ord.  6073.  Brorkhaeft,  Wm..  St.  Charles  and  Hillary  streets. 
Ord.  6098.  Braun.  Chas..  St.  Charles  and  Hillary  streets. 
Ord.  6098.  Bayne,  Felix,  Bellecastle  and  Magazine  streets. 
Ord.  6131.  Brown,  Chas.,  St.  Charles  and  Hillary  streets. 
Ord.  6131.  Berges,  T.,  Dauphine,  Burgundy,  Flood  and  Andry 

streets. 
Ord.  6131.  Bordes,  Chas.,  N.  Poydras,  between  Prieur  and  Ber- 

trand  streets. 
Ord.  6131.  Bitheyi,  G.,  Prytania  and  Constantinople  streets. 
Ord.  6539.  Boothe,  Ed.  J.,  149  Terpsichore  street. 
Ord.  6.539.  Buras,  J.  L.,  De  Armas,   between  Lapeyrouse  and 

Franklin  streets. 
Ord.  6630.  Beavard,  C,  791  St.  Claude  street. 
Ord.  6638.  Bassnith,  John,  Frenchman,  between  Dauphine  and 

Burgundy  streets. 
Ord.  6936.  Block,  Nathan.  Treme,  between  Bienville  and  Cus- 
tomhouse streets. 
Ord.  5975.  Conyet.  Denis,  448  Bourbon  street. 
Ord.  6073.  Curetto,  Leon,  Bourbon  and  Burgundy  streets. 
Ord.  6098.  Catalario,  Jos.,  Architect  Alley,  between  Royal  and 

Chartres  streets. 
Ord.  6131.  Catalario.  Jos.,  Architect  Alley,  between  Royal  and 

Chartres  streets. 
Ord.  6131.  Carbroyiovanno,  Frank,  Pacific,  near  Peters  streets. 
Ord.  6131.  Classi,  George,  Alix  and  Pacific  streets. 
Ord.  6131.  Chevier,  Paul,  347  Bienville  street. 
Ord.  6131.  Carrere,  Sylvain,  Hancock  and  N.  Peters  streets. 
Ord.  6403.  Corte,  Baptiste,  Dumaine  street,  end  of  French  Meat 

Market. 
Ord.  6436.  Clesi,  Geo.,  Alix  and  Pacific.  Fifth  District. 


496  MARKETS. 

Ord.  6502.  Clement.  John,  Conti  and  Miro  (until  Raymond 
Market  Is  established). 

Ord.  6506.  Castagnana.  Frank,  Pacific,  between  Alix  and 
Peters.  Fifth  District. 

Ord.  6637.  Gazes,  A.,  87  Frenchman  street. 

Ord.  6638.  Collet,  L.  E.,  Aline,  between  Annunciation  and 
Laurel  streets. 

Ord.  6678.  Cazes,  E.,  87  Frenchman  street. 

Ord.  6799.  Couyet,  T.  M.,  Rampart  and  Union  streets. 

Ord.  6818.  Christie.  Geo.,  and  B.  Mailles.  Amelia  and  Laurel 
streets. 

Ord.  6864.  Cabos,  Lean  Marie,  Hancock,  between  Bienvenue 
and  Delaronde  streets. 

Ord.  6865.  Courrege,  Marie,  Hancock,  between  Peters  and  Sum- 
merville  streets. 

Ord.  6866.  Caurj'.  F.,  351  St.  Claude  street. 

Ord.  6903.  Clark.  Mrs.  K.,  129  Thalia  street. 

Ord.  5984.  Dastillon.  J.  F..  Aline,  between  Jersey  and  Laurel. 

Ord.  6047.  Dies,  John,  79  Washington. 

Ord.  6047.  Dastillon,  Germain,  Toledano  and  Carondelet. 

Ord.  6057.  Delord,  Pierre,  St.  Anthony,  between  Claude  and 
Rampart. 

Ord.  6057.  Durmeyer,  Charles.  Laurel  and  Arabella. 

Ord.  6057.  Dastillon,  Wm.,  18  Sixth  street. 

Ord.  6073.  Dubret,  Theo,,  Evelina,  near  Elmira. 

Ord.  6098.  Dillius.  B..  Dauphine,  near  Jourdan  avenue. 

Ord.  6131.  Dastugne,  F.,  192>^  Esplanade  avenue. 

Ord.  6131.  Durie,  Jean  Marie.  Liberty,  near  Calliope. 

Ord.  6131.  Darm  &  Lafauvere,  St.  Charles  and  Xapoleon  ave- 
nues, privilege  to  expire  Oct.  1,  1892.  under 
Ord.  6635. 

Ord.  6297.  Derbau,  Baptiste,  Dauphine,  near  Jourdan  avenue. 

Ord.  6297.  Delord,  John,  Fourth  and  Locust. 

Ord.  6505.  Dantoni.  V.,  Dumaine  street,  upper  end  Bazaar 
Market. 

Ord.  6811.  Duene,  G.,Tonti,  between  frsulines  and  St.  Philip. 

Ord.  6836.  Ducdut,  Jean  Marie,  Prytania  and  Antonine. 

Ord.  6868.  Ducamp.  F.  M.,  Antonine  and  Prytania. 

Ord.  6937.  D'Arms.  Dan,  Milan,  between  St.  Charles  and  Car- 
ondelet. 

Ord.  6938.  Dies.  John,  Laurel  and  Second. 

Ord.  6954.  Dubuc,  Gus.,  225  Customhouse  street. 

Ord.  6506.  Dofet,  Dominique,  Palmyra  and  Rocheblave. 

Ord.  6506.  Ducueng.  Jean,  Eighth  and  Carondelet. 

Ord.  6637.  Ducamp,  F.  M.,  Carondelet  and  Amelia. 

Ord.  6131.  Estrade,  John  M,,  Prieur.  between  Hospital  and 
Barracks. 

Ord.  6452.  Even,  J.  A.,  St.  Claude  and  Feliciana. 

Ord.  6637.  Esguerre,  J.  Marie.  Carondelet  and  Toledano. 

Ord.  6057.  Fousse.  John  A.,  Clio  and  Howard. 

Ord.  6073.  Faller.  Martin,  Fulton  and  Sixth. 

Ord.  6073.  Taber,  Anthony,  Fourth  and  Mary. 

Ord.  6073.  Frichon,  John,' and  Frank  Messina,  Sixth  and  Chip- 
pewa. 

Ord.  6031.  Ferrar,  Jean,  Prieur  and  Tonti. 

Ord.  6131.  Fehrenback,  Seymour,  Second  and  Constance. 

Ord.  6131.  Frelot,  A.  F.,  Jackson  and  Monroe. 

Ord.  6753.  Furan,  Bertrand,  Greatman  and  Flood. 

Ord.  6785.  Ferrand,  Oscar,  73  Miro. 


MARKETS.  497 

•Ord.  5984.  Glouner,  John,  Magazine,  between  Amelia  and  Pen- 

iston  streets. 
Ord.  6131.  Glaudi,  Jos.,  St.  Ferdinand,  between  Dauphine  and 

Burgundy  streets. 
Ord.  6131.  Guma,  Alphonse,  1045  St.  Charles  street. 
Ord.  6908,  Guina,  A.,  Milan  and  Carondelet  streets. 
Ord.  6057.  Hoeffnor,  Peter  J.,  Valniont  and  Laurel  streets. 
Ord.  6131.  Henry,  John,  Magazine,  near  Webster  street. 
Ord.  6820.  Herbert,  Elysee,  Pacitie  and  Evelina  streets,  Fifth 

District. 
Ord.  6953.  Jordan.  Sidney.  Madison  and  Newton  streets,  Fifth 

District. 
Ord.  6047.  Krewet,  Henry,  Upperline,  near  Jersey  street. 
Ord.  6585.  Kinler,  Octave,  Rampart,  between  Clouet  and  Mon- 

tegut  streets. 
Ord.  6685.  Klar,  F.,  Mystery  and  Esplanade  streets. 
Ord.  6686.  Kinlar,   Octave,   St.   Thomas,   between  Thalia  and 

Melpomene  streets. 
Ord.  6047.  Laporte,  J.  B.,  Washington  and  Chippewa  streets. 
Ord.  6057.  Lacour,  Frank,  Felicity  and  Fulton  streets.     Amend- 
ed by  6250. 
Ord.  6073.  Ledoux,  Alphonse,  13  Ann  street. 
Ord.  6131.  Lettinghauser,   Philipp,  Mandeville,  between  Vic- 
tory and  Chartres  streets. 
Ord.  6131.  Larie,  P.,  Prieur  and  Barracks  streets. 
Ord.  6131.  Lafauvere   &   Daron,    St.    Charles    and    Napoleon 

avenues. 
Ord.  6467.  Lannes,  B..  46  Celeste  street. 
Ord.  6501.  Leithman,  Valentine,  892  Laurel  street,  near  Henry 

Clay  avenue. 
Ord.  6506.  Laguens,  Jas.,  46  Religious  street. 
Ord.  6748.  Loge,  Daniel,  Tonti,  between  Lapeyrouse  and  On- 

zaga  streets. 
Ord.  6751.  Larassin,  Noel,  407  St.  Ann  street. 
Ord.  6817.  Lafontaine,    A.,    Bourbon,    between   Morales   and 

Urquhart  streets. 
Ord.  6906.  Lambert,  H.  L.,  Hospital,  near  Burgundy  street. 
Ord.  6907.  Lafargue,  Jean,  466  St.  Claude  street. 
Ord.  6057.  Monledous,  Mrs.  Bap.,  Antonine  and  Laurel  streets. 
Ord.  6057.  Marcade,  Zacharie,  Miro  and  Dumaine  streets. 
Ord.  6057.  Monledous,  Louis,  Joseph  and  Magazine  streets. 
Ord.  6057.  Mailhes,    Louis,   Jersey,   between    Austerlitz     and 

Constantinople  streets. 
Ord.  6057.  Muller,  Joseph,  Lyon  and  Laurel  streets. 
Ord.  6073.  Munhausen,  Aug.,  326>^  Magazine  street. 
Ord.  6073.  .Munhausen,  Aug.,  Clouet  and  Goodchildren  streets. 
Ord.  6073.  Messina,    Frank,    and    Jno.    Trichon,    Sixth     and 

Chippewa  streets. 
Ord.  6131.  Marriante,  Salvator,  Alix  and  Bouny  streets. 
Ord.  6503.  Muller,  Philipp,  Dufossat  and  Laurel  streets. 
-Ord.  6506.  Manvezen,  Jean,  Washington,  between  Fulton  and 

Chippewa  streets. 
Ord.  6506.  Marcheanti,  Jas.,  Rampart  and  Union  streets. 
Ord.  6637.  Mailhes,  Baptiste,  Tchoupitoulas,  between  Valmont 

and  Bellecastle  streets. 
Ord.  6638.  Manvizen,  Jean,  Fulton,  between  Washington  and 

Sixth  streets. 
•Ord.  6749.  Menzberg,  Gustave,  Roman  and  Cypress  streets. 
Ord.  6750.  Muller,  John,  Perdido  and  S.  Johnson  streets. 
•Ord.  6801.  Milliet,  J.,  Rocheblave  and  St.  Ann  streets. 


498  MARKETS. 


Ord.  6818.  Mailles,  B.,  and  Geo.  Christie,  Amelia  and  Laurel 
streets. 

Ord.  5975.  Xuehio,  Jos.,  Dorgenois,  between  Canal  and 
Gasquet  streets. 

Ord.  6914.  Natal.  Dominie,  Cypress  and  Clara  streets. 

Ord.  6131.  Ortholan,  Alfred,  Chartres  and  Marigny  streets. 

Ord.  6684.  Owens,  J.  J.,  Tulane  avenue  and  Tonti  streets. 

Ord.  6047.  Pare,  Paul,  108  Canal  street. 

Ord.  6057.  Pongard,  Pierre,  Broad,  between  Dumaine  and  St, 
Philip  streets. 

Oi'd.  6057.  Puderer,  Chas.,  Tchoupitoulas,  between  Bordeaux 
and  Valence  streets. 

Ord.  6098.  Pondata,  Aug.,  Ferdinand,  nearDauphine  street. 

Ord.  6098.  Pallet,  Leonard,  Hurst  street  and  Henry  Clay  av- 
enue. 

Ord.  6098    Pallet,  Frank,  St.  Charles  avenue  and  Broadway. 

Ord.  6452.  Pabst,  Joseph,  Seventh  and  St.  Denis  streets. 

Ord.  6638.  Pays,  J.  M.,  Johnson  and  Barracks  streets. 

Ord.  6754.  Perova,  M.  E.,  Dumaine,  between  Salcedo  and  Gay- 
oso  streets. 

Ord.  6800.  Pedelapore,  749  St.  Claude  street. 

Ord.  6863.  Paysse,  L.,  196  Bienville  street. 

Ord.  7021.  Pronne,  Phelix,  Florida  and  Encampment  streets. 

Ord.  5984.  Rourk,  Timothy,  St.  Mary  and  Rousseau  streets. 

Ord.  6131.  Rahders,  Mrs.  A.,  Bienville  and  Galvez  streets. 

Ord.  6189.  Roemer,  Henry,  Octavia  and  Laurel  streets. 

Ord.  6683.  Roth,  M.  J.,  Henry  Clay  avenue  and  Laurel  street. 

Ord.  5984.  Senao,  R.,  66  and  68  Burgundy  street. 

Ord.  6057.  Subervllle,  Pierre,  413  Canal  street. 

Ord.  6073.  Sunmedinger,  Mathias,  Burdette  and  Commercial 
streets. 

Ord.  6131.  Salvato,  Geo.,  Elmira  and  Eliza  streets. 

Ord.  6131.  Salvato,  Martin,  Peter  and  Powder  streets. 

Ord.  6189.  Sebathir,  J.  N.,  355  St.  Philip  street. 

Ord.  6404.  Salatte,  W.  P.,  Bounv  and  Evelina  streets,  Algiers. 

Ord.  6506.  St.  Alvery,  B.,  83  Dauphine  street. 

Ord.  6506.  Satuque,  F.  M.,  Customhouse  and  Broad  streets. 

Ord.  6687.  Spraul,  A.,  165  Julia  street. 

Ord.  6813.  St.  Martin,  Wid.  Francois,  Royal  and  Mandeville 
streets. 

Ord.  6905.  Seron,  Maurice,  Poydras,  between  Galvez  and  John- 
son streets. 

Ord.  6932.  Spahr,  John,  Verret  and  Homer  streets.  Fifth  Dis- 
trict. 

Ord.  6955.  Scarro,  Joe,  123  Toulouse  street. 

Ord.  6057.  Tortorioe,  Joseph,  59  Melpomene  street. 

Ord.  6057.  Tujaque,  P.,  Lyon,  between  Tchoupitoulas  and 
Jersey  streets. 

Ord.  6098.  Tonert,  John,  Camp  and  Thalia  streets. 

Ord.  6057.  Voelkel,  Fred.,  Washington  avenue,  between  St. 
George  and  Liberty  streets. 

Ord.  6057.  Vidalet,  S.,  Johnson,  between  Bienville  and  Conti 
streets 

Ord.  6131.  Voght,  Charles,  864  St.  Charles  avenue. 

Ord.  6539.  Voekel,  Fred..  Seventh  and  St.  Denis  streets. 

Ord.  6752.  Vidalet,  S.,  340  Bienville  street. 

Ord.  6797.  Vignes,  Leon,  Henry  Clay  avenue  and  Laurel  street. 

Ord.  6867.  Voelker,  John,  Jordan  avenue,  between  Dauphine 
and  Burgundy  streets. 


MASTERS  AND   WARDENS.  499 

Ord.  7005.  Veillon,  Louis,  Grand  Eoute  St.  John,  near  Bayou 

St.  John. 
Ord.  6989.  Wagner,  Geo.  W.,  St.  Denis,  near  Eighth  street. 


MASTERS  AND  WARDENS. 

Act  No.  3  of  1877. 

The  Governor,  by  and  with  the  advice  and  consent  of  the  Sen-  Governor  t  o 
ate,  appoint  as  wardens  for  the  port  of  Xew   Orleans,  two   com-  appoint  War  - 

'     ^'^  '^  dens  of  the  Port 

petent  persons  familiar  with  sea  service;  and  that  said  wardens  o  f  New  Or- 
shall  hold  their  otiices  for  a  term  of  two  years.  ^^"^" 

Sec.  2.  Be  it  further  enacted,  etc.,  That  said  wardens  shall  Duties  of  Har. 
keep  an  office  in  a  central  position,  and  shall  cause  to  be  made,  in  or^aster. 
a  book  or  books  kept  for  that  purpose,  an  entry  of  all  their  sur- 
veys, to  which  all  persons  may  have  access  at  reasonable  times; 
and  that  certified  copies  of  said  entries,  under  the  otlicial  signa- 
ture of  either  of  said  wardens,  shall  be  admissible  in  evidence 
without  further  proof. 

Sec.  3.  Be  it  further  enacted,  etc..  That  either  of  said  wardens  inspection  to 
shall,  when  called  upon  by  the  master  of  any  ship  or  vessel  ar-  I?^^  made  by 

'  f  .»  J  f  Hatbormas- 

riving  from  sea,  inspect  the  manner  in  which  the  hatches  of  said  ters. 
ship  or  vessel  were  secured  previous  to  the   opening  of  the  same  ^  ' 

for  the  purpose  of  discharge,  and  shall  certify  to  the  condition  of 
the  cargo  in  sight,  for  which  survey  and  certificate  he  shall  be 
entitled  to  three  dollars,  and  for  every  subsequent  survey  of  the 
same  ship  or  vessel  to  one  dollar,  and  for  every  duplicate  certifi- 
cate to  one  dollar. 

Sec.  4.  Be  it  further  enacted,  etc..  That  it  shall  be  the  duty  of    ^j-heir   duties 
said  wardens  to  note  the  marks,  numbers,  description  and  loca-  in    relation  to 
tion  of  all  damaged  goods  so  surveyed,  the  cause  of  damage  and  good's.  ^  ^ 
the  character  of  the  damage  and  storage.  ^^* 

Sec.  5.  Be  it  further  enacted,  etc.,  That  it  shall  be  lawful  for  survey  of  dam- 
the  wardens  jointly  to  survey  damaged  goods  in  store,  to  certify  ^g'^^  goods 
to  the  nature  of  such  damage,  and  to  order  the  sale   thereof  at  ib. 

public  auction,  to  be  advertised  twice  in  two  daily  papers  before 
the  sale,  for  which  survey  and  certificate  they  shall  be  entitled  to 
a  fee  of  ten  dollars;  and  if  requii*ed  to  attend  the  sale  and  to 
certify  to  the  account  thereof  they  will  be  entitled  to  a  further  fee 
of  five  dollars. 

Sec.  6.  Be  itftirther  enacted,  etc.,  That  it  shall  be  lawful  for    Fee  for  such 
the  wardens  jointly  to  survey  the  condition  of  damaged  ships  or^"'"'^^'         j^^ 
vessels  arriving  in  the  port  of  New  Orleans,  and  to  certify  to  the 
same,  and  for  said  survey  and  certificate  they  shall  be  entitled  to 
a  fee  of  ten  dollars,  and  for  each  subsequent  survey  of  the  same 
to  a  fee  of  five  dollars. 

Sec.  7.     Be  it  further  enacted,  etc..  That  it  shall  be  lawful  for 
the  wardens  to  survey  damaged  cargo   on  board  of   any  river 


500  MASTERS   AND   WARDENS. 

Survey  of  dam- steamboat  arriving  in  the  port  of  J^ew  Orleans,  and  to  certify  to 
on  steam-  the  condition  of  the  same,  for  which  survey  and  certificate  they 
''°*'®-       ji,  shall  be  entitled  to  a  fee  of  five  dollars. 

Acts  of  1855,  page  489. 
Office,  where     Sec.  2.  That  the  master  and  wardens  shall  keep  an  office  in 
B*ook    to  be  ^^^^  ^^^Y  ^^  New  Orleans,  and  shall  cause  to  be  made,  in  a  book 
kept  by  them,  to  be  kept  for  that  purpose,  an  entry  of  all  their  proceedings,  to 
which  all  persons  may  have  access. 
Certain  duties     Sec.  3.  That  the   master  and  wardens,  or  any  of  them,  shall, 
of  Wardens.^^  jj  called  upon  by   the  person   commanding   any   ship  or  vessel 
arriving  from  sea,  inspect  the  manner  in  which  the   hatches  of 
such  ship  or  vessel  were  secured,  previous  to  the  opening  thereof, 
for  the  purpose  of  discharge,  and  shall  be  present  at  the  opening 
„       .  of  the   same;  and  shall,  upon   every  such  survey,  certify  under 

tificates.  his  hand  how  the  hatches  appeared  to  him ;  for  which  certiflcate 

he  shall  be  entitled  to  two  dollars,  and  for  every  duplicate  thereof 
one  dollar. 
Not  to  be  in-      Sec.  4.  That  neither  the  master  nor  any  of  the  wardens  afore- 
fTiiof  boat,*  or  said  shall  be  concerned,  directly  or  indirectly,  in  any  pilot-boat 
r  *  *  'h     t  t"  ^  *^^  with  any  branch  pilot,  in  respect  to  the  business  of  his  trust. 
Whenever  goods  and  merchandise,  damaged  on  board  of  ves- 
tain^cases.  ^^^'  sels  arriving  from  sea,  belong  to  different  proprietors,  but  are  ad- 
^•^^  dressed  to  the  same  consignee,  it  shall  be  lawful  for  the  wardens 
who  shall  have  inspected  the  same,  and  ordered  and  attended  the 
sale  of  such  damaged  goods  at  auction,  to  demand  and   receive 
distinct  fees  for  such  property  so  surveyed  and  sold ;  provided,  the 
consignees  shall  require  different  sets  of  certificates  for  each. 
Deputies.  The  wardens  of  the  port  of  Xew  Orleans  may  appoint  deputies 

^^*  and  clerks,  but  the  deputies  and  clerks  shall  take  the  oath  pre- 
scribed by  Article  90  of  the  Constitution,  and  shall  be  sworn 
Oath    to    be  truly  and  faithfully  to  perform  the  duties  imposed  on  the  wardens 
*"^^i86s-2?^'"  ^^  the   port  of  Xew  Orleans;  and  the  said  wardens  will  be  re- 
sponsible for  the  acts  of  their  deputies. 
Goods  not  be     No  damaged  goods  brought  to  the  port  of  Xew  Orleans  by  any 
orde'r^^'cft^'  the  sca-going  vessel  shall  be  sold  at  public  auction,  except  under  the 
Warden^.  order  and  supervision  of  the  master  and  wardens  of  the  port  of 

p.  26.  ^  °    '  ^^'  New  Orleans,  and  any  auctioneer  selling  any  such  goods  without 
said  order  shall  be  subject  to  a  fine  of  fifty  dollars,  to  be  sued 
for  and  paid  over  as  provided  in  the  previous  section. 
Reclamation     Xothing  in  this  act  shall  in  any  manner  prevent  all  parties  in- 
*'arties' calf'be  terested  in  any  damaged  goods,  arriving  at  the  port  of  New  Or- 
made.  leans,  from  compromising  all  claims  for  damage  without  a  sale, 

■  even  when  ordered  by  the  master  and  wardens. 

Act  of  1868,  page  22. 
It  shall  be  the  duty  of  the  master  and  wardens  of  the  port  of 
New  Orleans,  or  any  one  of   them,  on  being  required   by  the 


MASTERS   AND   WARDENS.  501 

captain  or  other  interested  party,  to  proceed  on  board  of  any     Master  and 

^V  a.  r  d  c  n  s  to 

sea-going  vessel,  steamboat  or  barge,  and  examine  the  hatches  board  and  ex- 
or  stowage,  and  condition  of  the  cargo,  and  shall  cause  to  be  ^"^^'^^  vessels, 
made  in  a  book  kept  for  that  purpose  a  record  of  all  their  pro- 
ceedings, to  which  all  persons  may  have  access,  and  that  said 
master  and  wardens,  for  every  survey  of  hatches,  shall  be  entitled 
to  demand  and  receive  five  dollars;  for  every  subsequent  survey 
of  cargo,  three  dollars;  and  for  each  certificate  issued,  one 
dollar. 

Sec.  2.  Be  it  further  enacted,  etc..  That  if ,  after  the  arrival  in      Hatches 
port  of  any  sea-going  vessel,  the  hatclies  be  first  opened  without  "^p^^"^^  ^^^ '  " 
a  member  of  the  board  of  wardens  be  present,  and  the  cargo  or  Warden, 
any  portion  thereof  shall  come  from  on  shipboard  in  a  damaged 
condition,  these  facts  shall  be  presumptive  evidence  that  such 
damage  occurred  in  consequence  of  improper  stowage  or  negli- 
gence on  the  part  of  the  person  in  charge  of  said  vessel,  and  such 
default  shall  be  chargeable  to  the  owner,  consignee,  master  or 
other  person  in  interest  (as  part  owner  or  master)  of  said  vessel, 
each  and  all  of  whom  shall  be  primarily  liable  for  such  damage; 
provided,  that  stress  of  weather  or  accident  does  not  render  it 
necessary  that  the  hatches  of  a  vessel  shall  be  opened  after  said 
vessel  may  be  in  charge  of  a  pilot  at  this  port. 

Sec.  3.  Be  it  further  enacted,  etc.,    That  nothing   in   this  act    proviso, 
requiring  hatches  to  be  surveyed  by  the  port  wardens  shall  be 
construed  to  apply  to  river  boats  or  barges.     The  master  and     River  craft 

,  ,  ,,  .,  ,.,  .T,       exempted. 

wardens  may  demand  and  receive  the  same  fees,  to  be  paid  by 

the  parties  calling  survey,  when  a  compromise  is  made,  that  they     Fees. 

would  receive  had  no  compromise  been  effected. 

It  shall  be  unlawful  for  any  person  other  than  the  said  master    penalty  for 
and  wardens,  or  their  legally  constituted  deputy,  to  make  any  unlawfully  act- 
survey  of  hatches  of  sea-going  vessels  coining  into  the  said  port  Master  or  War- 
of  Xew  Orleans,  or  to  make  any  survey  of  damaged  goods  coming  *^^"^' 
on  board  such  vessel — whether  such  survey  be  made  on  board  or 
on  shore,  or  to  give  certificates  on  orders  for  the  sale  of  such 
damaged  goods  at  auction,  or  to  do  any  other  of  the  acts  and 
things  prescribed  by  law  for  the  said  master  and  wardens  to  do 
and  perform;  and  the  person  doing  said  illegal  and  forbidden 
acts,  his  instigators  and  encouragers,  shall  be  liable  and  bound  to 
pay  in  solido  to  the  said  master  and  wardens  one  hundred  dollars 
damages,  with  costs,  for  each  of  said  illegal  and  forbidden  acts  so 
done ;  and  should  such  illegal  and  forbidden  act  be  done  at  the  in- 
stance, procurement  and  instigation  of  the  master,  owner  or  own- 
ers, or  agent  of  such  vessel,  then  the  said  vessel,  her  master  and 
owners,  shall  be  liable  and  bound  to  pay  the  said  master  and 
wardens  the  said  amount  of  one  hundred  dollars  damages,  which 
amount  in  each  and  all  of  the  cases  above  named  may  be  recov- 
ered by  the  said  master  and  wardens,  by  civil  suit  before  any 
court  having  jurisdiction  of  the  parties  and  amount,  and  in  case 


502  MASTERS  AND   WARDENS. 

of  several  violations  of  the  provisions  of  this  act  by  the  same 
party  or  parties,  it  shall  not  be  indispensable  to  institute  a  sepa- 
rate suit  for  each  violation,  but  the  said  master  and  wardens  may 
have  and  maintain  their  suit  before  any  court  having  jurisdiction 
of  the  parties  and  amount  for  the  aggregate  amount  of  damages 
for  which  the  defendant  or  defendants  may  be  liable  under  the 
provisions  of  this  act. 

Fines  to  be  sued  for  by  the  master  and  wardens  for  benefit  of 
Charity  Hospital.     Acts  of  1865,  p.  162;  Act  of  1880,  ^o.  99,  p.  3. 

Decisions  of  Supreme  Court. 

The  port  wardens  of  Xew  Orleans  are  not  entitled  to  the  ex- 
clusive collection  of  the  pilotage  due  to  pilots.     3  M.  R.  125. 

The  port  wardens  are  by  law  constituted  sole  judges  of  the  ne- 
cessity which  requires  damaged  goods  to  be  sold  at  auction.  6 
N".  S.  61. 

The  fees  allowed  to  the  master  and  wardens  by  the  act  of  17th 
February,  1821,  are,  at  least  when  the  services  for  which  they 
are  claimed  have  been  rendered,  not  inconsistent  with  the  Con- 
stitution of  the  United  States  nor  with  the  act  of  Congress  of 
1812,  admitting  Louisiana  into  the  Union.     10  E.  R.  459. 

The  offices  of  harbormaster  and  port  wardens  of  the  port  of 
Xew  Orleans  were  organized  by  the  act  of  March  31,  1805.  By 
an  act  of  the  8th  March,  1841,  the  first  section  of  that  act,  and  all 
other  acts  providing  for  the  office  of  harbormaster,  were  re- 
pealed so  far  as  they  related  to  the  creation  of  said  office ;  but 
the  rest  of  the  act  of  1805  remains  in  force.  It  provides  for  the 
police  of  the  port  and  for  the  appointment  of  a  harbormaster, 
port  wardens  and  pilots;  assigning  to  them  such  duties  as  were 
properly  to  be  exercised  under  the  local  territorial  authority.  It 
received  the  sanction  of  the  Congress  of  the  United  States,  and 
must  be  considered  as  having  the  authority  of  a  law  of  the  United 
States.  We  take  section  11  to  mean  that  the  master  and  wardens 
have  the  sole  right  to  order  and  direct  the  sale  of  damaged  goods 
by  public  auction  in  the  case  provided  in  that  section ;  that  is, 
when  called  upon  by  the  person  commanding  any  ship  or  vessel 
arriving  from  sea.  This  construction  gives  us  a  wise  law,  one 
Strictly  constitutional  and  necessary  in  a  seaport  for  the  protec- 
tion and  guidance  of  masters  of  ships.  The  statute  presents 
solely  a  matter  of  contract;  neither  a  tax,  a  toll  nor  an  impost  of 
any  kind  or  nature  whatsoever  purports  to  be  imposed  or  is  in 
contestation  between  the  parties,  etc.     6  An.  389. 

The  principal  object  for  which  the  intervention  of  port  wardens 
seems  to  be  considered  requisite  is  to  determine  when  there  ex- 
ists a  necessity  for  a  sale,  but  when  that  fact  is  once  established 
the  actual  sale  is  always  to  be  made  at  public  auction.  10  An. 
796. 


MAYOR.  503 

The  provisions  of  the  Act  of  1855,  organizing  a  Board  of  Port 
Wardens  for  the  port  of  New  Orleans,  which  allows  such  port 
wardens  to  demand  from  each  vessel  arriving  from  sea  the  sum 
of  five  dollars,  whether  thetj  be  called  upon  to  perform  any  service  or 
not,  is  not  a  charge  imposed  as  duty  without  regard  to  a  corre- 
sponding and  equivalent  benefit,  and  is  not,  therefore,  unconsti- 
tutional.   14  An.  498;  6  Wal.  31. 

Not  responsible.     18  An.  669. 

Legislature  has  right  to  designate  by  whom  the  hatches  of  sea- 
going vessels  shall  be  examined.     26  An.  107. 

Exclusive  right  survey  damaged  goods,  a  monopoly  and  un- 
constitutional. 96  U.  S.  (Otto's)  246;  Foster  vs.  Master  and  Port 
Warden  of  New  Orleans. 


MAYOR. 

See  Sections  19,  20  and  54,  City  Charter. 

Art.  1246.  That  the  Mayor  be  requested  hereafter  to  ^jj^°Pjf  °^  °" 
send  certified  copies  of  all  ordinances  and  resolutions    Nov^,  iSs^. 
passed  by  the  Common  Council  to  the  parties  to  whom 
they  relate. 

Art.  1247.  That  the  Mayor  be  and  he  is  authorized  to    city  seai. 
have  a  "  seal  "  ordered  for  the  city  of  New  Orleans,  so    el's!''  ^** 
as  to  enable  him  to  furnish  copies   of  documents  to  the 
City  Attorney  and  the  several  courts. 

Art.  1248.  (2)  That  the  Mayor  be  authorized  to  raise  ^^J'^yj/ *  * 
any  mortgage  held  by  the  city  upon  property  subject  to    o?s.'643.^' 
ground  rent  upon  the  exhibition  of  the  City  Treasurer's 
receipt  or  certificate  showing  that  the  payment  required 
has  been  made. 

Art.  1249.  The  Mayor  of  the  city  of  New  Orleans,  as    to  vote   in 

•^  ♦^  '  corporations. 

the  chief  executive  of  this  corporation,  whose  duty  it  is  0^3'' s^^^" 
to  protect  her  interests  and  see  the  laws  faithfully  exe- 
cuted, is  the  officer  who  should  represent  her  interests 
at  all  meetings  of  stockholders  or  elections  for  directors 
in  any  corporation  or  company  in  which,  by  existing 
laws,  this  city  may  be  entitled  to  vote ;  and  that  he  is 
hereby  requested  and  empowered,  in  all  such  cases,  to 
exercise  any  and  all  rights  to  which  the  city  may  be  en- 
titled, and  to  cast  the  vote  of  said  city  at  all  such  meet- 
ings and  elections. 


504  MELPOMENE,  CAMP  AND   COLISEUM   STREET   CULVERTS. 


paS^mJnVl/u!     ■^^'^-  ^^SO.  That  the  Mayor  is  hereby  invested  with 
^l^ll^"  "'■'^'"  discretionary  authority  to   relieve  from  the  payment  of 
K'^fr*     ^^^y   license    such    small    shopkeepers   or   retailers   of 
^oods — intoxicating  liquors  excepted — as  are  using  less 
than  fifty  dollars  of   capital  in  their  business — this  re- 
lief to  be  given  only  to   those  who  from  age,  sickness, 
infirmity  or  other  cause,  are  unable  to  earn  a  living  by 
ordinary  labor. 
drl°  isf'^*^*^  ^     ^^'^-  12^1-  That  the  Mayor  of  New  Orleans  is  hereby 
^"|"^'j^j'^7'' authorized   to   select  a   druggist   to   furnish  medicines 
gratis  to  the  poor  of   the  city,  and  that  for  the  payment 
of  the  same  the  interest  accruing  from  the  legacy  of  S. 
V,  Sickles  is  hereby  appropriated ;  any  deficiency  to  be 
paid  monthly  by  the  city  on  the  approval  of   the  Coun- 
cil. 
Requiring     Art.  1252.  That  the  Mayor  be  and  is  hereby  author- 
report  business  ized   and   directed   to   issue   an  order  commanding  the 
Jan.,  1879.     patrolmen   on   each  and  every  beat  of  the  city  to  report 
"all   individuals   and  firms  doing  business  on  the  same, 
the   character  of  the   business,    whether   wholesale  or 
retail,  the  name  of  the  proprietor  or  proprietors,  and  the 
location  thereof. 

Publication  of  Okuinances — See  Ordinances  and  Official 
Journal. 

Powers  and  Duties  as  Executive  Head  of  Police  Force 
AND  Board — See  Police. 

Assignment  of  Court  Officers— See  Becorders. 

Remission  of  Fines,  etc. — See  Fines,  etc. 

Certain  Prerogatives— See  Bailroads. 

Supervision  of  Balls,  Theatres,    etc. — See  Amusements, 

Appointments — See  Almshouses,  Citij  Hall, Council,  Elections, 
Library,   Offences,  Trust  Funds,  etc.,  Streets,  Wharves,  etc. 


MELPOMENE,    CAMP    AND    COLISEUM    STREET 
CULVERTS. 

Melpomene     Art.  1253.  (1)  That  from  and  after  the  passage  of 

*u.  canals*.  ™  ^  this  Ordinance  it  shall  be  unlawful  for  any  person  or 

c.s' ■     °'^^^' persons  to  drive  any  team,  wagon,  cart,  dray,  buggy, 

Jan,  24, 1   4.  ^^j,j,|g^gg  Qj.  Q^iiep  vehicle  over  or  on  the  woodwork   or 


MERIDIAN  LINES.  505 

culverts  of  the  Melpomene  and  Camp  street  canals,  ex- 
cepting at  the  intersection  of  cross  streets,  under  a 
penalty  of  from  five  to  twenty-flve  dollars  for  each  ^^naity- 
offence,  or  imprisonment  from  five  to  twenty-five  days 
at  the  discretion  of  the  Recorder  of  the  First  District 
having  jurisdiction. 

Art.  1254.  (2)  That  the  Commissioner  of  Police  and    ^ism  boards. 
Public  Buildings  be  and  is  hereby  directed  to  erect  sign 
boards  in  conformity  with  this  ordinance,  at  such  place 
or  places  along  the  route  of  said  canals  or  culverts,  as  in 
his  judgment  he  may  deem  best. 

Art.  1255.  That  on  and  after  the  passage  of  this  ordi-    Unlawful  to 
nance  it  shall  be  unlawful  for  any  person  or  persons  to  orh.  No.  6740, 
ride  any  animal,  or  drive  any  vehicle,  or  operate  bicycles    se'pt.  19,1892. 
or  tricycles,  or  push  a  wheelbarrow,  or  skate  on  the  Schil- 
linger   pavement   covering  the   Camp   and    Melpomene 
street  culverts ;  any  violation  of  this  ordinance  shall  be 
fined  in  the  sum  not  to  exceed  twenty- five  dollars  or  im- 
prisonment not  more  than  thirty  days,  or  both,  at  the 
discretion  of  the  Recorder. 

Art.  1256.  (1)  That  it  shall  be  unlawful  for  any  per-    c amp  and 
son  or  persons  to  ride  or  drive  any  horse  or  any  animal,  cuWe'ru"'"  ^'^* 
or  wagon,  cart,  carriage  or  vehicle  of  any  kind  on  the  a^^s.' ^°" '^"^' 
Camp  and  Coliseum  street  culverts,  from  Felicity  street      ^"  '^'  '^'' 
to  Erato  street,  except  when  crossing  at  intersections, 
under  penalty  of  a  fine  of  from  five  to  twenty-five  dol-    Penalty, 
lars  or  imprisonment  in  the  parish  prison  for  from  five 
to  twenty-five  days. 

Appropriatiog  funds,  Ords.  Nos.  5175,  6056,  6238,  6335,   6497, 
6663. 
Advertisement  for  bids.  Ords.  JSTos.  5129,  5356.  5696. 
Awarding  contract.  Ord.  Xo.  5805. 
Ord.  No.  4166  repeals  Ords.  Xos.  3933,  4022  and  4029,  C.  S. 


MERIDIAN  LINES. 

Art.  1257.  That  permission  be  and  the  same  is  hereby    Meridian, 
given  to  Lieutenant  Noble,  of  the  United  States  Coast  ord.  no.  3806. 
Survey,  to  place  near  the  junction  of  Basin  and  Canal, 
on  Canal  and  Basin  streets,  stone  or  granite  blocks,  on 


506  MEDICINE,  SURGERY   AND   MIDWIFERY. 

which  are  to   be   established  permanently  the  lines  re- 
cently obtained  by  observation  made  by  said  officer,  ' '  to 
mark  meridian ; ' '  said  stones  or  blocks  of  granite  to  be 
located  under  the  supervision  of  the  City  Surveyor, 
Meridian  mon-     Art.  1258.  The  Acadcmy  of  Science  of  the  city  of  New 

ument. 

Ord.  No.  3832.  Orleans  have  made  arrangements  with  Newton  Richards, 
Esq.,  to  furnish  the  necessary  monuments  for  the  es- 
tablishment of  points  marking  the  true  meridian  in  the 
city  of  New  Orleans. 

Art.  1259.  The  advantages  to  be  derived  from  know- 
ing the  true  meridian  are  very  great,  as  it  will  be  the 
means  of  securing  a  standard  with  which  to  compare  our 
compasses  and  observe  their  variation. 

Art.  1260.  That  the  arrangements  made  as  aforesaid 
by  the  Academy  of  Science,  with  Newton  Richards, 
Esq.,  be  and  the  same  are  hereby  sanctioned  and  ap- 
proved by  the  Common  Council ;  provided,  the  work  of 
laying  down  the  monuments  be  superintended  by  the 
Surveyor — the  city  hereby  binding  herself  to  pay  the 
expenses  attending  the  same;  provided,  they  shall  not 
exceed  fifty  dollars  ($50). 


METAL  GUTTERS— See  Buildings. 


MEDICINE,  SURGERY  and  MIDWIFERY; 

Act  mo.  49  of  1894. 

To  regulate  the  practice  of  Medicine,  Surgerj^  and  Midwifery; 
to  create  State  Boards  of  Medical  Examiners,  and  to  regulate 
the  fees  and  emoluments  thereof;  to  prevent  the  practice  of 
Medicine,  Surgery  and  Midwifery  by  unauthorized  persons; 
and  to  provide  for  the  trial  and  punishment  of  violators  of 
the  provisions  of  this  act  by  fine  or  imprisonment,  or  both; 
and  to  repeal  all  laws  or  parts  of  laws  in  conflict  or  incon- 
sistent with  this  act. 
Relative  to      SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 

the    quahfica-  ^     ./  .^ 

tions  of  persons  J^om'siana,  That  from  and  after  the   promulgation  of  this  act  no 

med^icine,*  sur?  person  excepting  those  already  engaged  under  existing  laws  in 

S'^^y'r^'^^y'^^^^y  the  practice  of  medicine,  surgery,  midwifery  and  dentists  shall 

practise  medicine  in  any  of  its  departments  within  the  State  of 

Louisiana  unless  such  person  shall  possess  all  the  qualifications 

required  by  this  act. 


MEDICINE,  SURGERY   AND   MIDWIFERY.  507 

Sfx'.  2,  Be  it  further  enacted,  etc..  That  after  the  promulgation     Persons  prac- 
of  this  act  any  person  before  entering  upon  the  practice  of  medi-  cine  must  pre- 
cine  in  any  of  its  branches,  dentists  excepted,  shall  present  to  the  of"Me*dic?l°Ex^ 
Board  of  Medical  Examiners,  as  hereinafter  constituted,  a  diploma  aminers    a  di- 
from  a  medical  college  in  good  standing;  said  standing  to  be  de-  Medical  "^c"©  l^ 
termined  by  the  board,  and  shall  pass  a  satisfactory  examination  '^1^^°*  ^  °°^ 
before  the  board  upon  the  following  branches,  to-wit :  Anatomy, 
physiology,  chemistry,  principles  of  medicine,  obstetrics,  physical 
diagnosis,  surgery,   materia  medica  and  hygiene.     The   person 
shall  also  satisfy  the  board  that  he  or  she  is  twenty-one  years  of 
age,   of  good  moral  character,   and    possesses    at    least  a  fair 
primary  education.     If  said  diploma  and  examination  are   satis- 
factory to  the  board  they  shall  issue  to  such  person  a  certificate 
in  accordance  with  the  facts. 

Sec  5.  Be  it  further  enacted,  etc.,  That  every  person  practising  personsVractit*- 
midwifery  in  this  State,  on  the  passage  of  this  act,  shall,  within  '°ff  Midwifery, 
ninety  days  thereafter,  register  with  the  Secretary  of  the  Board 
of  Health,  in  the  parish  of  Orleans,  and  with  the  Clerk  of  the  Dis- 
trict Court  in  the  other  parishes  of  the  State,  in  the  manner  pro- 
vided for  physicians,  giving  her  age  and  length  of  time,  and  the 
place  or  places  during,  and  at  which,  she  has  been  engaged  in 
said  practice,  and  make  affidavit  thereto,  and  shall  pay  to  the. 
Secretary  of  the  Board  of  Health  in  the  parish  of  Orleans,  or  to 
the  Clerk  of  the  District  Court  in  the  other  parishes  of  the  State, 
as  the  case  may  be,  a  fee  of  one  dollar.  Said  Secretary  of  the 
Board  of  Health  of  the  parish  of  Orleans,  or  the  Clerk  of  the 
District  Court,  shall  issue  a  certificate  to  the  one  so  registering, 
in  accordance  with  the  facts  herein  set  forth,  upon  a  blank  form 
to  be  furnished  by  the  State  Board  of  Health,  which  shall  en- 
title the  holder  to  practise  midwifery  in  the  parish  in  which  said 
certificate  is  issued.  The  Clerks  of  the  District  Courts  of  the 
parishes  of  the  State,  Orleans  excepted,  shall  annually,  on  the 
first  Monday  in  January,  make  returns  to  the  Secretary  of  the 
State  Board  of  Health  in  the  parish  of  Orleans  of  all  such  certifi- 
cates on  record  in  his  office. 

All  persons  beginning  the  practice  of  midwifery  in  this  State    b  oar  d  to  is- 
after  the  passage  of  this  act  shall  appear  before  one  of  the  State  ®"^  certificates 

•^  '^  ^  '^  topersons 

Boards  of  Examiners  and  submit  to  such  examination  in  mid-  practising  Mid- 
wifery as  the  board  shall  require,  and  if  such  examination  is  ^'  ^^^' 
satisfactory  the  said  board  shall,  upon  the  receipt  of  five  ($5) 
dollars,  issue  a  certificate  the  same  as  provided  for  midwives  in 
practice  at  the  time  of  the  passage  of  this  act,  which  certificate 
shall  be  registered  as  in  the  manner  provided  for  midwives  in 
practice  at  the  time  of  the  passage  of  this  act,  but  for  such 
registration  with  the  Secretary  of  the  State  Board  of  Health,  or 
with  a  Clerk  of  a  District  Court,  the  holder  of  said  certificate 
shall  be  required  to  pay  a  fee  of  fifty  (50)  cents  only.  This 
section  does  not  apply  to  the  so-called  midwife  of  rural  districts 


508  MEDICINE,  SURGERY  AND   MIDWaPERY. 

and   plantation  practice,  who,  in  the  sense  of  this  act.  are  not 
considered  as  practising  midwifery  as  a  profession. 
Itinerant     Sec.  12.  Beit  further  enacted^  etc.,  That  any  itinerant  vendor 
drugs,  etc.         of  any  drug,  nostrum,  ointment,  or  application  of  any  kind,  in- 
tended for  the   treatment  of  disease  or  injury,  or  who  may,  by 
writing,  print  or  other  methods,   profess  to  cure  or  treat  disease 
or  deformity  by  any  drug,  nostrum,   manipulation,   or  other  ex- 
pedient, in  this  State,  shall,  if  found  guilty,  be  fined  in  any  sum 
not  less  than  twenty-five  ($25)  dollars  and   not  exceeding  one 
hundred  ($100)  dollars  for  each   offence,  to  be   recovered  in  an 
action  of  debt   before   any  court  of  competent  jurisdiction,   or 
shall  be  imprisoned  for  a  term  of  not  less   than  ten  (10)  days  or 
more  than  thirty  (30)  days,  or  be  both  fined  and  imprisoned. 
Presumption     Sec.  13.  Be  it  further  enacted,  etc.,  That  any  person  shall  be  re- 
in certain  cases,  g^j.^^^  ^g  practising  medicine,  in  any  of  its   departments,  with- 
in the  meaning  of  this  act,  who  shall  append  the  letters  M.  D.  or 
M.  B.  to  his  or  her  name,  or  repeatedly  prescribe  or  direct,  for  the 
use  of  any  person  or  persons,   any   drug  or   medicine   or  other 
agency  for  the  treatment,  cure  or  relief  of  any  bodily  injury,  in- 
firmity  or  disease.     This  act  shall   not  apply   to   farmers   and 
planters  when  exclusively  practising,  without  compensation,  on 
their  employees  and  tenants. 
Penahy   for     Sec.  14.  Be  it  further  enacted,  etc.,  That  any  person  practising 
this^act*^""  °^™^*^^^^'^^' ^°  ^°y^^  ^^^  departments,  in  this  State,  without  first 
having  obtained  the  certificate  herein  provided  for  or  contrary  to 
provisions  of  this  act,  shall  be  deemed  guilty  of  a   misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a   fine  not  less 
than  fifty  ($50)  dollars,  or  more  than  one  hundred  ($100)  dollars, 
or  by  imprisonment  in  the  parish  jail  for  a  period   of   not   less 
than  ten  (10)  days  or  more  than  ninety  (90)  days,  or  by  both  fine 
and  imprisonment  for  each  offence.     It  shall  be  the  duty  of  the 
respective  district  attorneys  to  prosecute  violations  of  the  provi- 
sions of  this  act,  before  any  court  of  competent  jurisdiction. 
Board  shall     Sec.  15.  Beit  further  enacted,  etc..  That  the  said  boards  shall 
reVoke  °ce^rtifi°  ^^^®  power  to  revoke   any   permit  or  certificate  issued  by  them 
cates.  whenever  it  shall  appear  that  the  physician  thus  licensed  has 

been  convicted  of  immoral  conduct  before  a  competent  court. 
Disabilities     Sec.  16.  Be  it  further  enacted,  etc.,  That   any  practitioner  of 
faiifneTo  com-  medicine,  in  any  of  its  departments,  failing  to  comply  with  the 
ply  with  this  requirements  of  this  act  shall  not  be  exempt  from  jury  or  mili- 
tary duty,  nor  be  permitted  to   collect  any  fees  or  charges  for 
services  rendered,  nor  be  allowed  to  testify  as  a  medical  or  surgi- 
cal expert  in  any  court  in  this  State,  nor  execute  any  certificate 
as  a  physician  or  surgeon,  nor  to  hold  any  medical  ottice,  nor  to 
be  recogmzed  by  the  State  or  parish  or  municipal  corporation  as 
a  physician  or  surgeon ;  nor  shall  be  entitled  to  enjoy  any  of  the 
privileges,  rights  or  exemptions  granted  to  physicians  or  surgeons 
by  the  laws  of  this  State. 


MACHINE    SHOPS   AND   FOUNDRIES.  509 

Relative  to  practice  of  medicine  and  surgery,  Act  No.  31  of 
1882,  p.  66;  Act  of  1880,  Xo.  129,  p.  177;  Act  of  1801,  p.  113;  Act 
of  1869.  p.  146;  Act  of  1855,  p.  417. 

^  MILITIA. 

See  Act  No.  22  of  1878,  E.  S.,  p.  268;  Act  No.  142  of  1880,  p.  204; 
Act  Nos.  15  and  42  of  1892,  pp.  25  and  46;  Act  61  of  1894,  p.  71. 


MISDEMEANORS— See  Offences  and  Nuisances. 


MISSISSIPPI  RIVER— See  Section  73,  City  Charter. 


MORGUE. 

Art.  1261.  The  morgue  keepers  shall  take  possession 
of  and  safely  keep  until  the  arrival  of  the  coroner  of  the 
parish  of  Orleans   the  bodies   of   all   deceased  persons  keepers! 
brought  to  said  morgue  in  the  same  condition  as  when  c.  s*^. '    °'  ^'^'' 
received.     They  shall  prevent  any  person  from  disturb-       *^  '^^' 
ing  or  desecrating  in  any  manner  whatsoever  the  bodies 
of  said  deceased  persons  until  after  examination  of  said 
bodies  by  the  coroner  or  his    deputy.     They  shall   per- 
form all  other  duties  that  the   said   coroner  may  deem 
proper  for  the  satisfactory  conduction  of  said  office. 

Art.  1262.  That  the  said  morgue  keepers  shall  furnish    ^^^^^ 
a  good  and  solvent  bond  in  the  sum  of  five  hundred  dol- 
lars ($500),  with  sureties  satisfactory  to  the  Mayor,  con- 
ditioned upon  the  faithful  performance  of   said  duties. 

McDONOGH  FUND— SeeA  lmshouses,  Trust 
Funds,  etc. 


MACHINE  SHOPS  AND  FOUNDRIES. 

See  Forges  and  Foundries. 

PEIVILEGES. 

Ord.  5259.  Brown,  L.  W.,  machinery,  foundiT  and  ship  yard, 
in  square  8,  9,  13,  14,  15,  16,  23,  24,  25  and  26, 
33  and  34,  bounded  by  Mississippi  river,  Olivier, 
Broadway  and  Lowerline  streets,  April  28, 
1891. 


510  NEW   ORLEANS. 

Ord.  10,249.  Brown,  J.  W.,  &  H.  B.  Reese,  machine  shop,  839 
Lafayette  street,  February  2,  1895. 

Ord.  10,390.  Buler  &  Anderson,  brass  work,  922  and  924  Maga- 
zine street,  March  7,  1895. 

Ord.  6783.  Clarke,  Win.  E.,  459  and  461  Tchoupitoulas  street, 
October  6,  1892.  ^ 

Ord.  10, .540.  Excelsior  Brass  and  Machine  Company,  smelting 
furnace,  Geo.  Hiler  &  Chas.  Kershaw,  pro- 
prietors, 625  Baronne  street,  April  4,  1895. 

Ord.  2584.  Killeen,  Thos.,  Liberty,  between  Julia  and  Girod 
street,  November  18.  1887. 

Ord.  8273.  Maher,  Jas.,  copper,  brass  and  sheet  iron  machine 
works,  Julia  and  Magazine  streets.  November 
11,  1893. 

Ord.  6726.  McArdle  &  Sinclair,  foundry  and  machine  shops, 
Louisiana  avenue  and  Howard  street.  Septem- 
ber 21,  1892. 

Ord.  2584.  O'Connor  &  Revnolds,  103,  105  and  107  Julia  street, 
November  11,  1887. 

Ord.  8250.  Pike,  Chas.,  to  remove  his  iron  works  from  Julia 
and  Magazine  to  187  Magazine  street,  Novem- 
ber 2,  1893. 

Ord.  8614.  Sutton  Bros.  &  Co..  copper,  brass  and  sheet  iron 
works,  90  Tchoupitoulas  street,  January  22, 
1894, 

Ord.  9903.  Stokes,  Boiler  and  Sheet  Iron  Manufacturing  Com- 
pany, Limited,  Broad,  between  Perdido  and 
Poydras  sti-eets,  November  2,  1894. 

Ord.  1123.  Schultz  &  Wallace,  932  Magazine  street,  August  6, 
1895. 

Ord.  6849.  Thelen,  T.,  blacksmith  forge  and  brass  furnace,  104 
Tchoupitoulas  street,  October  20,  1892. 

0/d.  7480.  Taylor,  W.  A.,  machinery.  228  and  230  Magazine 
street,  April  14,  1893. 


NEW  ORLEANS. 

See  Assessors,  Attorneys,  Boundaries,  Comptroller, 
Commissioners,  City  Council,  City  Debt,  City 
Charter,  Elections,  Employees,  Improvement 
Fund,  Jurors,  Lands  and  Levees,  Mayor,  Or- 
ganization, Ordinances,  Police,  Recorders,  Sur- 
veyor, Taxes,  Treasurer. 
^.^  Urban  por-  ^jjrp  1263.  That  the  poi'tions  of  the  city  comprised 
D?c  ^i  ^is  f '  wi^^i^  t^^  f oUovring  limits  be  declared  as  urban : 

Following  the  upper  line  of  the  city  to  the  centre  of 
the  Metairie  road ;  following  the  Metairie  road  to  the 
Bayou  St.  John ;  following  the  centre  of  Bayou  St. 
John  to  Canal  Marigny ;  following  the  centre  of  Canal 
Marigny  to  Elysian  Fields  and  Florida  avenue;  thence 


NEW   ORLEANS.  511 

through   the   centre   of   Florida  avenue   to    Canal  Des 
Peeheurs,  and  up  this  canal  to  the  river. 

Rural  Sections,  Ordinance  Xo.  391,  New  Series. 

Art.  1264.  That  the  Surveyor  be  and  is  hereby  author-  Book  of 

ized  and  directed  to  make  a  book  of  sketches  of  all  the  *' o'r'dl^No.  3834 
immovable  properties  belonging  to  the  city  of  New  Or-  ^^"^  ^'  '^^*' 
leans,  and  whether  situated  in  the  city  or  out  of  its  limits. 

That  the  said  book  of  sketches  shall  be  divided  into 
five  parts ;  one  part  for  the  properties  situated  out  of  the 
limits  of  the  city,  and  the  other  four  parts  for  the  prop- 
erties in  each  district.  The  said  book  of  sketches  shall 
be  kept  in  the  office  of  the  City  Surveyor,  and  it  shall 
be  his  duty  to  enter,  or  to  have  entered,  in  the  said  book 
all  the  properties  now  owned,  or  which  may  hereafter  be 
owned  or  discovered  to  be  owned  by  the  city  of  New 
Orleans.  That  the  number  of  the  square  and  the  dimen- 
sions of  each  piece  of  ground  shall  be  written  in  num- 
bers, and  the  names  of  the  streets  by  which  the  square 
is  bounded  shall  be  mentioned. 

That  a  margin  shall  be  left  on  each  of  the  pages  of 
said  book,  and  in  said  margin,  and  opposite  to  each 
sketch,  it  shall  further  be  theduty  of  the  Surveyor  to 
enter : 

First — From  whom  the  property  was  acquired  and  the 
date  of  said  acquisition,  and  before  what  notary  or  court, 
and  whether  acquired  by  purchase,  judgment,  donation, 
or  held  in  trust  or  in  common  with  any  person  or  corpo- 
ration. 

Second — Whether  said  property  is  improved  or  not. 

Third — The  value  of  said  property. 

Fourth — And  when  a  property  shall  be  sold,  to  enter 
the  date  of  the  sale,  the  name  of  the  notary  and  of  the 
purchaser  or  purchasers,  the  price  and  the  conditions  of 
the  sale. 

Fifth — And  if  the  right  or  title  to  any  property  held 
by  the  city  is  questioned,  then  the  name  of  the  person 
and  the  date  of  such  pretension  shall  also  be  entered. 

Sixth — And  the  pretensions  of  the  city  of  New  Or- 
leans to  any  piece  of  property  shall  also  be  entered,  and 
the  title  under  which  the  city  pretends  to  said  property. 


512  NEW    ORLEANS. 

Art.  1265.  That  the  Surveyor  be  and  he  is  hereby 
authorized  to  employ  a  draftsman  to  aid  and  assist  him  in 
preparing  and  perfecting  said  book  of  sketches  and  all 
other  drafting  necessary  and  required  by  the  city  in  the 
Surveyor's  department ;  said  draftsman  to  receive  for  his 
services  one  hundred  dollars  ($100)  per  month,  to  be 
paid  monthly  at  the  City  Treasury. 

Ordinance  No.  3834.     Approved  April  3.  1858. 

Act  71    of  1852. 

To   consolidate  the  city  of  New  Orleans,  and  provide  for  thie 
government  and  administration  of  its  affairs. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
tives  of  the  State  of  Louisiana,  in  General  Assembly  convened, 
That  all  that  portion  of  the  parish  of  Orleans  situated  on  the 
left  hank  of  the  river  Mississippi  shall  be  the  city  of  New  Or- 
leans, and  that  all  the  free  white  inhabitants  thereof  shill  be  a 
hody  corporate  by  the  name  of  the  City  of  New  Orleans,  and 
by  that  name  they  and  their  successors  shall  be  known  in  law, 
and  shall  be  capable  of  suing  and  be  sued,  and  of  prosecuting 
and  defending  in  all  courts  and  in  all  actions  and  matters  what- 
soever, and  may, have  a  common  seal,  and  may  alter  and  change 
the  same  at  pleaure,  and  by  the  same  name  they  shall  be  capable 
of  holding  and  conveying  any  estate,  real  or  personal,  for  the 
use  of  said  corporation,  under  the  restrictions  and  limitations 
hereafter  set  forth. 

Sec.  2.  That  the  city  of  New  Orleans  shall  be  divided  into  nine 
wards,  as  follows,  to-wit: 

1.  The  first  ward  to  extend  from  the  line  of  the  parish  of  Jef- 
ferson to  the  middle  of  Benjamin,  Estelle  and  Thalia  streets. 

2.  The  second  ward  to  extend  from  the  last  mentioned  limits 
to  the  middle  of  Julia  street,  until  it  strikes  the  New  Orleans 
Canal,  thence  down  the  middle  of  said  canal  to  Lake  Pontchar- 
train. 

3.  The  third  ward  to  comprise  the  residue  of  the  Second  Muni- 
cipality. 

4.  The  fourth  ward  to  extend  from  the  middle  of  Canal  street 
to  the  middle  of  St.  Louis  street,  until  it  reaches  the  Metairie 
road,  thence  along  the  middle  of  said  road  to  the  New  Orleans 
Canal. 

5.  The  fifth  ward  to  extend  from  the  last  mentioned  limits 
to  the  middle  of  St.  Philip  street,  thence  down  the  said  street 
until  its  intersection  with  the  Bayou  St.  John,  thence  along  the 
middle  of  said  bayou  until  it  intersects  the  Metairie  road,  thence 
along  the  middle  of  said  road  until  it  reaches  St.  Louis  street. 


NEW   ORI-EANS.  513 

6.  The  sixth  ward  to  be  composed  of  the  residue  of  the  First 
Municipality. 

7.  The  seventh  ward  to  extend  from  the  middle  of  Esplanade 
street  to  the  middle  of  Champs  Elysees  street. 

8.  The  eighth  ward  to  extend  from  the  middle  of  Champs 
J^lysees  street  to  the  middle  of  Enghein  street  and  Lafayette 
avenue. 

9.  The  ninth  ward  to  extend  from  the  middle  of  Enghien  street 
to  the  lower  limits  of  the  parish  of  Xew  Orleans. 

Act  72  OK  1852. 

Supplementary  to  an  act  to  consolidate  the  city  of  Xew  Orleans, 
and  providing  for  the  incorporation  of  the  city  of  Lafayette 
with  the  city  of  Xew  Orleans. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresen- 
tatives  of  the  State  of  Louisiana,  in  General  Assembly  convened^. 
That  the  city  of  Lafayette  be  and  the  same  is  hereby  incor- 
porated with  the  city  of  Xew  Orleans  for  municipal  purposes 
only;  that  said  city  of  Lafayette  shall  form  part  of  the  city  of 
Xew  Orleans,  and  as  such  shall  be  governed  by  all  the  laws  rela- 
tive to  said  city  of  Xew  Orleans,  and  shall  be  entitled  to  all  the 
rights,  privileges  and  immunities  enjoyed  by  said  city  of  Xew 
Orleans,  under  existing  laws. 

Sec.  2.  Be  it  farther  enacted,  etc..  That  the  part  now  added  to 
the  city  of  Xew  Orleans  shall  constitute  the  fourth  district  of  said 
city,  and  be  entitled  to  elect  one  Alderman;  and  said  district  shall 
be  divided  into  two  wards,  viz  : 

One  ward,  which  shall  be  the  tenth  ward  of  Xew  Orleans,  shall 
extend  from  the  upper  line  of  the  parish  of  Orleans  to  the  middle 
of  First  street,  and  shall  elect  two  Assistant  Aldermen :  and 

Another  ward,  which  shall  comprise  the  remainder  of  the 
present  city  of  Lafayette,  shall  be  the  eleventh  ward  of  the  city 
of  Xew  Orleans,  and  shall  be  entitled  to  one  Assistant  Alderman ; 
provided,  that  the  number  of  Aldermen  and  Assistant  Aldermen 
aforesaid  shall  be  liable  to  be  changed  at  each  apportionment 
made  by  the  Common  Council  of  Xew  Orleans  of  the  representa- 
tion of  the  several  districts  and  wards  of  said  city. 

Sec.  3.  Beit  further  enacted,  etc..  That  the  said  Fourth  Dis- 
trict of  Xew  Orleans  shall  form  a  Fourth  Recorder's  District  and 
a  Fourth  School  District  of  said  city,  and  a  Recorder  and  School 
Directors  shall  be  elected  for  said  Fourth  District,  in  the  same 
manner  as  for  the  other  districts  of  said  city  of  Xew  Orleans. 

Sec.  4.  Be  it  farther  enacted,  etc.,  That  the  number  of  Alder- 
men of  the  city  of  Xew  Orleans  shall  never  be  less  than  ten  nor 
more  than  thirteen,  and  the  number  of  Assistant  Aldermen  shall 
never  be  less  than  twenty  nor  more  than  twenty-seven,  and  that 
each  ward  shall  have  at  least  one  Assistant  Alderman. 


514  NEW   ORLEANS. 

Sec.  5.  Be  it  further  enacted,  etc..  That  the  debt  of  the  city  of 
Lafayette  shall  be  assumed  and  paid  by  the  city  of  Xew  Orleans, 
and  the  said  city  of  IS'ew  Orleans  is  hereby  declared  liable  there- 
for; and  the  amount  of  said  debt  shall  be  ascertained  and  its 
payment  provided  for  and  made  in  the  same  manner  as  the  debt 
of  each  municipality  ofXew  Orleans  is  ascertained  and  provided 
for.  in  the  act  to  which  this  act  is  a  supplement;  and  in  raising 
annually  the  consolidation  loan  tax  for  the  payment  of  the  debt 
of  New  Orleans  an  additional  sum  of  fifty  thousand  dollars  shall 
be  raised  for  the  purpose  of  providing  for  the  debt  of  the  city  of 
Lafayette,  now  added  to  that  of  New  Orleans,  so  that  the  whole 
amount  of  the  annual  levy  of  taxes  for  the  payment  of  the  debt 
of  New  Orleans  shall  be  six  hundred  and  fifty  thousand  dollars. 

Sec.  6.  Be  it  further  enactnl  etc..  All  the  rights,  title  and  in- 
terest of  the  city  of  Lafayette  in  and  to  the  lands,  tenements, 
hereditaments,  bridges,  ferries,  streets,  roads,  wharvs,  markets, 
stalls,  landing  places  and  other  property  of  any  description 
whatever,  and  in  and  to  all  goods,  chattels,  moneys,  credits,  and 
all  other  movable  or  immovable  property  whatever,  are  hereby 
vested  in  the  city  of  New  Orleans,  subject,  however,  to  the  same 
uses,  trusts,  pledges,  limitations,  charities  and  conditions  as  now 
exist  in  relation  to  said  property. 

Act  7  OF  1870. 

To  extend  the  limits  of  the  parish  of  Orleans  and  to  change  the 
boundaries  of  the  parishes  of  Orleans  and  Jefferson,  and  to 
consolidate  the  cities  of  New  Orleans  and  Jefferson,  and  to 
provide  for  the  government  of  the  city  of  New  Orleans  and 
the  administration  of  the  affairs  thereof,  and  to  repeal  an  act 
entitled  '-An  act  to  incorporate  the  city  of  New  Orleans," 
approved  February  13,  1852:  and  to  repeal  all  acts  amenda- 
tory thereto,  and  to  repeal  an  act  entitled  ''An  act  to  incor- 
porate the  city  of  Jefferson."  approved  March  9, 1850,  and 
to  repeal  all  the  acts  amendatory  thereto,  and  to  provide 
for  the  funding  of  the  floating  indebtedness  of  the  corpora- 
tions as  consolidated  by  this  act. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
tives  of  the  State  of  Louisiana,  in  General  Assembly  convened.  That 
the  following  shall  constitute  the  boundaries  of  the  parish  of  Or- 
leans, on  the  left  bank  of  the  Mississippi  river,  viz. :  Commenc- 
ing on  the  Mississippi  river  at  the  Fisher's  Canal,  thence  along 
the  left  bank  of  the  Mississippi  river  to  the  lower  boundary  line 
of  the  present  city  of  Carrollton;  thence  along  the  said  boundary 
line  to  a  point  where  it  intersects  the  present  boundary  line  of 
the  city  of  New  Orleans;  thence  along  said  boundary  line  to 
Lake  Pontchartrain ;  thence  along  the  lake  shore  to  the 
lower  boundary  line  of  the  city  of  New  Orleans;  thence  along 
said  boundary  line  to  the  point  of  commencement  on  the  Missis- 
sippi river;  and  that  so  much  of  the  present  parish  of  Jefferson 


NEW   ORLEANS.  515 

as  is  contained  within  the  aforesaid  boundaries  is  hereby  de- 
tached from  the  parish  of  Jefferson  and  annexed  to  the  parish  of 
Orleans. 

Sec.  2.  Be  it  further  enacted,  etc..  That  all  that  portion  of  the 
parish  of  Orleans  situated  on  the  left  bank  of  the  Mississippi 
river,  and  all  that  portion  of  the  parish  of  Orleans  situated  on 
the  right  bank  of  the  Mississippi  river,  shall  constitute  the  parish 
of  Orleans  and  the  city  of  New  Orleans,  and  that  all  the  inhabi- 
tants thereof  shall  be  a  bodj'  corporate  to  be  known  by  the  name 
of  the  city  of  New  Orleans,  and  by  that  name  they  and  their  suc- 
cessors shall  be  known  in  law,  and  shall  be  capable  of  suing  and 
being  sued  and  of  prosecuting  and  defending  in  all  courts  and  in 
all  actions  and  matters  whatsoever;  and  shall  have  a  common 
seal,  and  may  alter  and  change  the  same  at  pleasure,  and  by  the 
same  name  they  shall  be  capable  of  holding  and  conveying  any 
estate,  real  and  personal,  for  the  use  of  said  corporation,  xinder 
the  restrictions  and  limitations  hereinafter  set  forth;  and  upon 
the  first  organization  of  the  Council,  as  herein  provided,  shall  be 
vested  with  all  powers,  rights,  privileges  and  immunities  inci- 
dent to  a  municipal  corporation,  and  necessary  for  the  proper 
government  of  the  same. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  the  city  of  New  Orleans 
shall  be  divided  into  six  districts,  to  be  known  and  designated 
as  follows :  That  portion  lying  between  the  middle  of  Canal  street 
and  the  middle  of  Felicity  streef  shall  be  known  and  designated 
as  the  First  District;  that  portion  lying  between  the  middle  of 
Canal  and  the  middle  of  Esplanade  street  shall  be  known  and 
designated  as  the  Second  District;  that  portion  lying  between 
the  middle  of  Esplanade  street  and  the  lower  limits  of  the  city 
shall  be  known  and  designated  as  the  Third  District;  that  por- 
tion lying  between  the  middle  of  Toledano  street  and  the  middle 
of  Felicity  street  shall  be  known  and  designated  as  the  Fourth 
District;  and  all  that  portion  of  the  parish  of  Orleans  situated  on 
the  right  bank  of  the  Mississippi  river  shall  be  known  and  desig- 
nated as  the  Fifth  District;  that  portion  lying  between  the  mid- 
dle of  Toledano  street  and  the  lower  limits  of  the  present  city  of 
Carrollton,  thence  along  said  boundary  line  to  a  point  where  it 
intersects  the  upper  limits  of  the  present  citj'  of  New  Orleans, 
shall  be  known  and  designated  as  the  Sixth  District. 

Act  71   of  1874. 

To  annex  the  city  of  Carrollton  to  the  city  of  New  Orleans: 
to  provide  for  the  transfer  of  certain  transcripts  from  the 
ofhce  of  the  Recorder;  the  transfer  of  books,  papers,  docu- 
ments and  property  of  the  city  of  Carrollton.  and  also  the 
public  schools  to  the  city  of  New  Orleans;  to  provide  for  the 
debt  of  Carrollton;  creating  the  Seventh  District  of  the  city 
of  New  Orleans,  and  a  municipal  court;  a  sanitary  district, 
and  repealing  the  act  incorporating  the  city  of  Carrollton. 
Section  1.  Be  ic  enacted  by  the  Senate  and  House  of  Bepresenta- 


516  NEW   ORLEANS. 

lives  of  the  State  of  Louisiana,  in  General  Assembly  convened,  That 
all  that  portion  of  the  parish  of  Jefferson  being  and  lying  below 
the  centre  of  Upperline  street  of  the  city  of  Carrollton,  com- 
mencing at  the  Mississippi  river  and  extending  northwardly 
along  the  centre  of  said  street  to  its  terminus,  and  thence  along 
the  centre  of  the  line  of  the  New  Orleans  and  Carrollton  Rail- 
road to  Lake  Pontchartrain,  shall  be  and  constitute  the  upper 
boundary  line  of  the  parish  of  Orleans  and  the  city  of  New  Or- 
leans, and  all  that  portion  of  the  city  of  Carrollton  thus  detached 
from  the  parish  of  Jefferson  and  added  to  the  city  of  New  Orleans 
and  parish  of  Orleans  shall  be  governed  by  the  Mayor  and  Ad- 
ministrators of  the  city  of  New  Orleans  in  accordance  with  ex- 
isting laws,  except  so  far  as  not  inconsistent  with  this  act. 

Sec.  2.  Be  it  further  enacted,  etc..  That  the  territory  of  the 
parish  of  Jefferson  annexed  by  this  act  to  the  city  of  New  Or- 
leans shall  be  and  remain  and  constitute  a  part  of  the  Second 
Judicial  District  of  the  State,  and  that  the  terms  of  court  for  the 
parish  of  Jefferson  shall  be  holden  at  such  place  in  the  parish 
of  Jefferson  as  may  be  designated  by  the  police  jury,  right  bank, 
who  are  hereby  authorized  to  establish  the  parish  seat  of  said 
parish  of  Jefferson. 

Sec.  3.  Be  it  further  enacted,  etc..  That  immediately  after  the 
passage  of  this  act  it  shall  be  the  duty  of  the  Recorder  of  the 
parish  of  Jefferson  to  make  out  and  deliver  within  the  shortest 
possible  time,  in  good  and  substantial  books  or  registers,  with 
separate  index  to  each  : 

First — For  and  unto  the  Recoi'der  of  Mortgages  for  the  parish 
of  Orleans,  true  and  correct  transcripts  of  all  mortgages,  dona- 
tions, marriage  contracts,  privileges  or  other  encumbrances  that 
have  been  inscribed  and  not  erased  upon  the  records  of  mort- 
gages of  said  parish  of  Jefterson  since  the  creation  of  said  records 
of  mortgages,  concerning  or  in  any  wise  affecting  any  and  all 
rieal  property  situated  within  the  limits  of  that  portion  of  the 
parish  of  Jefferson  which  is  annexed  by  this  act  to  the  parish  of 
Orleans. 

Second — For  and  unto  the  Register  of  Conveyances  of  the  parish 
of  Orleans,  true  and  correct  transcripts  of  all  conveyances  or 
alienations  of  any  property  lying  or  being  within  the  aforesaid 
limits,  annexed  to  the  parish  of  Orleans  as  aforesaid,  that  have 
been  registered  or  inscribed  upon  the  records  of  conveyances  of 
said  parish  of  Jefferson  since  the  creation  of  said  office  of  parish 
Recorder  or  Register  of  Conveyances. 

Sec.  4.  Be  it  further  enacted,  etc.,  That  the  several  transcripts 
When  so  made  and  delivered  and  certified  to  be  true  and  correct 
by  said  parish  Recorder  shall  have  the  same  validity,  force  and 
effect  as  original  inscriptions  on  the  records  of  the  parish  of 
Jefferson,  and  shall  form  and  constitute  a  part  of  the  records  of 
the  respective  offices  of  the  Recorder  and  Register  of  the  parish  to 


■NEW   ORLEANS.  517 

which  the  same  is  transferred;  and  the  charges  and  expenses 
attendant  upon  the  performance  of  said  work  shall  be  paid  by  the 
city  of  Xew  Orleans,  for  which  the  same  is  done,  as  was  allowed 
by  law  to  the  Recorder  of  the  parish  of  Jefferson  for  such  tran- 
scripts when  that  portion  now  known  as  the  Sixth  District  was 
annexed  to  the  city  of  New  Orleans. 

Sec.  5.  Be  it  further  enacted,  etc..  That  all  the  rights,  titles  and 
interest  of  the  city  of  Carrollton  as  now  existing  in  and  to  all 
lands,  tenements,  hereditaments,  bridges,  ferries,  streets,  roads, 
wharves,  markets,  stalls,  levees  and  landing  places,  buildings 
and  other  property  of  whatsoever  description  and  wherever 
situated,  and  of  and  with  all  goods,  chattels,  money,  effects, 
dues,  demands,  bonds,  obligations,  judgments  and  judgment 
liens,  actions  and  rights  of  action,  books,  accounts  and  vouchers, 
be  and  they  are  hereby  vested  in  the  city  of  Xew  Orleans;  pro- 
vided, that  all  estates,  income,  funds  or  property  of  every 
description  now  held  in  trust  by  said  city  of  Carrollton.  or  which 
shall  have  been  specially  pledged  or  affected  by  the  payment  of 
any  debt,  shall  be  held  by  the  city  of  New  Orleans  under  this  act 
upon  and  for  the  same  uses,  trusts,  limits,  limitations,  charities 
and  conditions  as  the  same  are  now  held;  and  the  debt  and  all 
other  indebtedness  or  liabilities  of  the  city  of  Carrollton,  includ- 
ing the  funding  and  improvement  bonds  and  the  bonds  issued  to 
the  Jefferson  City  Gas  Light  Company,  and  known  as  the  gas 
bonds  and  notes,  interest  coupons,  wages,  salary  due  or  to  become 
due,  warrants  or  other  species  of  obligations  whatsoever,  shall 
be  assumed  and  paid  by  the  city  of  Xew  Orleans,  and  said  city  i& 
hereby  declared  liable  therefor;  provided  further,  that  allothcers 
of  said  city  of  Carrollton  shall  continue  as  at  present  constituted 
to  discharge  the  duties  of  their  respective  offices  until  this  act  of 
incorportion  can  be  completed  by  putting  into  possession  of  the 
proper  officers  of  the  city  of  Xew  Orleans  the  books,  papers^ 
records,  documents  and  other  property  now  belonging  to  the  city 
of  Carrollton  and  no  longer;  and  after  which  time  all  the  powers, 
rights,  privileges  and  immunities  possessed  and  enjoyed  by  the 
Mayor  and  Council  of  the  city  of  Carrollton  shall  cease  and 
terminate;  and  provided  further,  that  the  claims  or  vested  rights 
of  any  person  or  persons  or  company  or  corporation  of  said  city 
of  Carrollton  that  have  been  granted,  acquired  or  received  from 
or  against  said  corporation  of  the  city  of  Carrollton  or  otherwise 
shall  not  be  interfered  with,  divested  or  impaired  by  this  act,  nor 
by  the  citj'  of  New  Orleans  without  adequate  compensation. 

Sec.  6.  Be  it  further  enacted,  etc.,  That  the  portion  of  the  terri- 
tory of  the'  parish  of  Jefferson,  annexed  as  aforesaid  to  the  city 
of  New  Orleans,  shall  constitute  the  Seventh  District  of  said  city 
of  New  Orleans,  and  for  said  Seventh  District  there  shall  be  es- 
tablished an  additional  tnunieipal  police  court,  called  the  Fifth 
Municipal  Police  Court,  Axtd.  Which  s'hall  haVe  jurisdiction  over 


■518  NEW   ORLEANS. 

all  that  portion  of  said  city  embraced  in  said  Seventh  District; 
and  the  judge,  clerks  and  other  officers  of  said  court  shall  exer- 
cise all  the  rights,  powers,  and  perform  the  duties  in  the  manner 
and  form  and  receive  the  pay  and  emoluments  as  now  deter- 
mined and  provided  by  law  for  the  several  judges,  clerks,  etc,, 
of  the  existing  municipal  courts  for  the  city  of  Xew  Orleans; 
and  the  Governor  shall,  immediately  after  the  passage  of  this 
act,  appoint  and  commission,  for  the  term  specified  by  law,  a 
judge,  clerks  and  other  otlicers  for  said  court,  as  prescribed  by 
law;  and  the  present  Mayor,  in  his  capacity  as  committing 
magistrate  and  Recorder  for  said  city  of  Carrollton,  shall  turn 
over  and  transfer  without  delay  all  books,  records,  etc.,  belong- 
ing to  said  Mayor's  court  to  the  Fifth  Municipal  Court  created  by 
this  act. 
See  Act  20  of  1882  for  present  boundaries. 

Prohibiting  the  justices  of  the  peace  in  the  city  and  parish  of 
Orleans  from  issuing  processes  of  garnishment  against  the 
city  of  New  Orleans  and  the  Board  of  Metropolitan  Police. 

Justices  of  the      SECTION  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
?ted*^from'^*issu-  ^^"^^^  "/  t^e  State  of  Louisiana,  in  General  Assembly  convened,  That 
a"^inst°  ^t^  ^  f  *^^  justices  of  the  peace  within  the  parish  and  city  of  New  Or- 
N  e  w  Orleans  leans  are  prohibited  from  issuing  any   process  of  garnishment 
or  pu    ic   oar   g^g^jjjgj.  ^jjg  ^jj^y  ^f  Xew  Orleans  and  the  Board  of  Metropolitan 
Police,  and  from  serving  any  citation  or  interrogatories  on  the 
Mayor  of  Xew   Orleans  or  any   officer  of  said  city  or  -Board  of 
Metropolitan  Police  or  commissioner^  or  officers  of  said  Metro- 
politan Police. 

Decisions  of  Supreme  Court. 

1.  The  incorporated  limits  of  the  city  of  New  Orleans  termi- 
nate at  the  water's  edge,  and  include  no  part  of  the  river.  5  La. 
466;  17  La.  573. 

2.  Milneburg,  on  Lake  Pontchartrain,  is  considered  to  be  with- 
in the  incorporated  limi-ts  of  New  Orleans,  and  subject  to  city 
ordinances  and  police  regulations.     13  La.  70. 

3.  When  the  act  of  incorporation  does  not  expressly  include  the 
inhabitants  of  a  certain  place  within  the  city  limits,  yet  if  they 
considered  themselves  residents  within  the  limits  of  the  city, 
and  enjoyed  the  rights  of  other  residents  of  the  city,  this  will  be 
regarded  as  a  practical  interpretation  of  the  law,  and  of  includ- 
ing and  subjecting  them  to  the  police  regulations.     13  La.  70. 

4.  The  plan  of  a  portion  of  the  faubourg  St.  Mary,  drawn  on 
the  1st  of  April,  1778,  by  L.  Trudeau,  is  the  earliest  plan  of  the 
faubourg  known  to  exist.     19  La.  62. 

5.  The  territory  of  the  city  of  New  Orleans  was  composed,  at 
the  time  of  its  incorporation,  of  urban  and  rural  property,  the 
latter  being  by  far  the  most  extensive.    2  An.  611. 


NEW   ORLEANS.  SID 

6.  The  city  of  Xew  Orleans  was  founded  by  Governor  Bienville 
about  the  year  1718.  A  copy  of  the  plan  which  the  city  has  ob- 
tained from  the  Minister  of  Marine  and  Colonies  in  France,  made 
by  Engineer  De  Lassas  in  1726,  exhibits  the  city  of  that  period 
and  its  environs.  The  first  concession  of  land  below  the  city  was 
more  than  half  a  mile  distant,  and  all  the  intervening  space  was 
marked  as  commons  of  the  city.  It  was  fortified  at  its  founda- 
tion, and  an  esplanade  was  left  outside  for  the  use  of  the  fortifi- 
cations. By  Depanger's  plan  (made  May  29,  1724)  it  will  be 
seen  that  the  city  was  at  that  period  laid  off  into  parallelograms 
down  to  Barracks  street,  and  the  barracks  were  situated  at  the 
corner  of  that  street  and  the  levee.  The  fortifications  were  main- 
tained and  enlarged  from  time  to  time,  until  the  treaty  of  peace 
between  Prance  and  Great  Britain  in  1763,  when  the  province 
was  ceded  to  Spain.  In  1794  Baron  Carondelet  surrounded  the 
city  with  new  fortifications,  in  which  he  was  aided  by  Lareau 
Trudeau,  the  surveyor  general  of  the  province.     5  An.  724. 

7.  The  City  Council  possesss  the  power  to  remove,  as  nuis- 
ances, buildings,  etc.,  which  encroach  on  the  line  of  the  street, 
and  to  regulate  the  public  ways,  and  maintain  order  and  safety 
thereon,  and  to  demolish  works  which  tend  to  interrupt,  embar- 
rass or  impede  the  use  of  the  banks  of  the  river  or  public  grounds 
and  squares.     1  Martin  87;  4  Martin  10;  3  La.  563. 

8.  The  corporation  of  New  Oi'leans  possess  full  power  to  make 
by-laws  to  maintain  the  cleanliness  and  salubrity  of  the  city, 
and  may  abate  nuisances,  as  a  private  hospital ;  and  it  would  re- 
quire a  strong  case  to  induce  the  court  to  interfere  with  its  ex- 
ercise.    5  X.  S.  409;  5  An.  747;  10  An.  227. 

9.  The  corporation  is  authorized  to  prohibit  the  sale  of  oys- 
ters in  the  city  except  in  certain  designated  stands.     2.  La.  219. 

10.  Ordinances  of  the  City  Council  directing  sales  of  all  prop- 
erty remaining  on  the  levee  a  longer  term  than  is  authorized  by 
the  police  regulations  is  unconstitutional' and  void;  so  is  the  stat- 
ute of  1834,  authorizing  the  Council  to  pass  such  ordinances. 
The  corporation  possess  the  power  to  remove  encumbrances  from 
the  levee,  streets,  etc.,  at  the  expense  of  the  owner.  4  La.  97, 
98;  15  La.  1^9. 

11.  The  corporation  is  the  administrator  of  the  dse  of  the  banks 
of  the  river,  and  of  the  batture  outside  of  the  levee,  for  the  gen- 
eral convenience  and  the  great  objects  of  public  utility,  and  must 
necessarily  possess  all  the  powers  and  authority  requisite  to  effect 
those  objects;  it  has  a  right  to  all  the  advantages  it  may  produce, 
and  can  make  banks  and  improvements  to  increase  the  revenues. 
It  has  not  only  the  right  to  use  the  earth  taken  from  the  batture, 
In  the  construction  of  wharves,  embankments  and  levees,  but  also 
for  the  purpose  of  improving  the  port,  and  streets  and  avenues 
leading  to  it.     18  La.  278. 

12.  A  purchase  of  real  estate  by  the  corporation,  with  a  view 


520  NEW   ORLEANS. 

to  divide  it  into  lots  and  streets,  and  to  resell  the  same  for  the 
purpose  of  iniprovinjy  the  cleanliness  and  salubrity  of  the  city  and 
the  convenience  of  the  streets,  is  legal.     2  R.  R.  491. 

13.  The  erection  of  wharves  at  siich  places  as  commerce  may 
require  is  a  legitimate  exercise   of  municipal  power.    6  R.  R.  349. 

14.  The  municipal  authorities  are  bound  to  preserve  unob- 
structed, for  public  use,  the  streets  of  the  city  and  the  banks  of 
the  river;  and  though  they  may  tolerate,  temporarily,  works  not 
deemed  injurious  to  the  rights  of  the  public,  no  permission  of  a 
Council  can  prevent  a  subsequent  Council  from  putting  an  end  to 
such  toleration.     6  R.  R.  349. 

15.  Corporations  are  responsible  for  exercising,  through  their 
officers,  in  an  unskilful  and  improper  manner,  powers  vested  in 
them  by  their  charter.     5  An.  660. 

16.  Laws  enacted  under  the  State  Constitutions,  establishing 
and  regulating  the  municipal  rights  and  powers  of  Xew  Orleans 
are  not  contrary  to  the  ordinary  acts  of  legislation.  The  powers 
they  confer  are  not  franchises,  in  the  original  meaning  of  the 
word,  but  mandates  only;  and  these  laws  may  be  repealed  at 
pleasure,  except  so  far  as  their  repeal?may  affect  rights  acquired 
by  third  persons  under  them.  They  must  be  construed  and  ap- 
plied in  all  cases  like  other  laws.     1  An.  162;  5  An.  664. 

17.  The  city  of  Xew  Orleans  is  made,  bj"^  the  Constitution  of 
the  State,  one  of  the  permanent  functionaries  of  government;  and 
the  laws  by  which  it  is  organized  are   eminently  laws  for  the 

■  preservation  of  public  order,  from  the  force  and  obligation  of 
which  individuals  can  not  derogate  by  their  conventions.  1 
An.  435;  3  An.  313;  5  An.  664. 

18.  New  Orleans  has  not  all  the  powers  which  belonged  to  the 
city  under  the  French  government  of  Louisiana,  nor  those  of  the 
cabildo  under  the  Spanish  government.  Since  the  legislation  in 
our  Codes  on  the  subject  of  corporations,  the  express  delega- 
tion in  the  Act  of  1805,  organizing  the  city  government,  the  radi- 
cal change  in  our  political  system  by  the  transfer  of  Louisiana 
from  the  French  republic  to  the  United  States,  the  repeal  of  the 
laws  of  Spain  in  1828,  and  our  own  settled  jurisprudejice  in  rela- 
tion to  the  political  corporations  of  the  State,  it  is  useless  to  look 
for  our  municipal  powers  elsewhere  than  our  Code,  legislation 
and  jurisprudence.     3  An.  294. 

19.  The  tirst  section  of  the  Act  of  1805,  restricting  the  right  of 
the  corporation  of  Xe\v.  Orleans  to  hold  real  estate  to  such  as  is 
situated  within  the  limits  of  the  city,  does  not  include  slaves.  2 
An.  897. 

20.  The  statute  of  February  17,  1805,  confers,  in  general  terms, 
powers  of  administration,  and,  by  its  various  special  delegations 
of  authority,  excludes  the  idea  of  any  other  power  being  granted 
than  such  as  is  required  by  the  police  and  preservation  of  good 
order  among  the  population.    3  An.  294. 


NEW   ORLEANS  521 

21.  The  word  •' canals."  in  the  16th  section  of  the  statute  of 
February  17,  1805,  authorizing  the  Mayor  and  City  Council  of 
New  Orleans  to  cause  common  sewers,  drains,  canals,  pavements 
and  bridges  to  be  built  and  constructed  in  every  part  of  the  city, 
means  canals  for  draining  and  not  for  navigation.     3  An.  2940 

22.  The  power  to  relieve  the  indigent  sick,  and  to  provide  for 
the  poor  who  are  unable  to  labor,  is  conferred  on  the  municipal 
authority  of  Xew  Orleans  bj'  act  of  March  14,  1816,  section  1.  and 
February  17,  1821,  section  2.     4  An.  42. 

23.  The  Council  is  the  sole  judge  of  the  validity  of  the  election 
of  its  members,  and  the  law  giving  the  Council  this  exclusive 
power  is  not  unconstitutional.     7  N.  S.  1. 

24.  The  Council  is  authorized  to  establish  by  ordinance  a  uni- 
form rate  of  wharfage,  to  be  paid  by  ships,  steamers,  and  other 
vessels  moored  in  front  of  any  part  of  the  city.     2  An.  538. 

25.  Whatever  effect  the  by-laws  and  ordinances  of  a  Municipal 
Council  may  have,  they  are  not  laws  passed  by  the  Legislature  of 
a  State,  and  they  are  not  to  receive  the  same  strict  scrutiny  as 
penal  statutes,  where  they  inflict  fines  as  penalties  for  their  con- 
travention. 

Section  four  of  the  act  of  March  14,  1816,  which  provides  that 
"neither  the  Mayor,  Re(!order  nor  any  Alderman  then  in  office, 
shall  be  allowed,  in  his  own  name,  or  through  the  medium  of 
others,  to  become  a  lessee  or  bidder  for  any  branch  of  the  rev- 
enues of  the  city,'"  etc.,  can  not  be  considered  as  prohibiting  such 
persons  from  leasing  any  lot  of  ground  or  other  property  not 
forming  an  entire  branch  of  the  revenue  of  the  city.    3  R.  R.  368. 

26.  The  act  of  May  4,  1847,  to  provide  for  the  payment  of  the 
debts  of  the  municipality  of  New  Orleans,  gave  a  certain  destina- 
tion to  the  sinking  fund,  by  which  vested  rights  were  acquired 
that  could  not,  under  Art.  109  of  the  Constitution,  be  divested  by 
a  subsequent  act  of  the  Legislature.  The  act  of  March  20,  1850, 
providing  for  the  liquidation  of  the  city  debt,  gave  a  different 
destination  to  the  sinking  fund,  and  is  consequently  unconstitu- 
tional.    6  An.  21. 

27.  Our  laws  secure  the  public  use  of  the  banks  of  navigable 
rivers,  and  within  the  incorporated  limits  of  towns  the  municipal 
government  is  authorized  to  regulate  that  use ;  but  their  regula- 
tions must  be  in  furtherance  of  the  public  use  to  which  the  banks 
are  subjected,  and  can  not  be  taken  advantage  for  the  purpose  of 
forever  enjoying  the  property  of  the  riparian  proprietor,  which 
is  not  necessary  for  further  use.     6  An.  450. 

28.  The  public  have  the  right  to  use  the  banks  of  navigable 
rivers ;  but  the  right  does  not  authorize  the  permanent  location 
of  a  dry  dock  in  front  of  the  land  owned  by  another  person.  6 
An.  450. 

29.  The  right  to  establish  public  places  and  to  change  their 
destination  is  an  attribute  of  sovereignty  which   the  Legislature 


522  XEW   ORLEANS. 

may  delegate  to  corporations.  The  Legislature  of  Louisiana  has 
delegated  this  power  to  the  city  of  New  Orleans  without  res- 
ervation. Under  the  grant  it  is  competent  for  the  city  govern- 
ment to  accept  a  dedication  of  public  streets,  and  equally  compe- 
tent for  it  to  annul  the  acceptance  before  the  streets  have  been 
opened ;  provided,  no  vested  right,  acquired  under  the  dedication, 
is  affected  by  the  change.     7.  An.  270;  8  An.  145. 

30.  Towns  and  cities  may  be  projected,  and  streets,  public 
squares  and  roads  may  be  laid  out  on  plans ;  but  so  long  as  the 
ground  remains  enclosed,  and  no  portion  of  it  is  sold  with  reference 
to  those  plans,  and  no  express  dedication  is  made  and  accepted 
by  the  proper  authority,  the  right  of  the  owner  to  the  soil  wliich 
those  streets,  public  squares  and  roads  cover,  is  not  affected 
thereby.  When  neither  the  dedication  nor  the  acceptance  are 
express,  the  rights  on  behalf  of  the  public  must  be  supported  by 
long  continued  usage.     7  An.  233;  9  An.  597;  10  An.  81. 

31.  In  relation  to  public  places  and  streets  within  the  city  the 
municipal  authorities  represent  not  only  the  corporation  but  also 
the  public.  A  final  judgment  against  them  is  a  judgment 
against  the  public,  and  no  individual  can  bring  the  point  adjudi- 
cated again  before  the  courts.     7  An.  498. 

32.  Municipal  corporations  are  expressly  authorized  to  receive 
legacies  by  the  Civil  Code  (Art.  423),  and  by  the  whole  course  of 
legislation  on  the  subject.     8  An.  170. 

33.  Under  the  successive  Constitutions  of  Louisiana,  the  city 
of  New  Orleans  and  its  officers  have  been  made  permanent  func- 
tionaries of  government  for  all  purposes  of  police  and  good  order 
and  for  the  punishment  of  minor  crimes  and  offences.  The  police 
and  good  order  of  a  city  include  the  education  of  youth  and  the 
care  of  the  poor  within  its  limits.     8  An.  171. 

34.  It  may  well  be  doubted  whether  a  servitude  of  prospect  can 
be  established  in  our  modern  cities  where  the  squares  are  con- 
tiguous and  no  open  space  save  the  streets  and  public  squares  are 
habitually  left,  except,  perhaps,  in  the  case  of  adjoining  lots. 
The  right  of  perpetual  front  on  the  river  is  a  new  and  unusual 
servitude,  which,  even  if  established  by  title,  would  not  be  recog- 
nized.    8  An.  145. 

35.  The  Mayor  and  Aldermen,  etc.,  of  New  Orleans  are  fully 
empowered  to  enact  ordinances  and  adopt  measures  of  police  for 
preserving  the  health  and  promoting  the  comfort,  convenience 
and  general  welfare  of  the  inhabitants.     10  An.  227. 

36.  A  resolution  of  the  Common  Council,  directing  a  city  offi- 
cer to  abate  a  particular  nuisance  under  a  general  ordinance,  is 
legal,  and  can  not  be  assimilated  to  an  ordinance  inflicting  a  fine 
or  penalty  upon  a  particular  individual.     10  An.  227. 

37.  The  statute  of  March  18,  1850,  creating  a  distinction  be- 
tween urban  and  rural  property,  in  preparing  the  budget  of  re- 
ceipts and  expenditures  of  the  city  of  New  Orleans,  is  repealed 
by  the  consolidation  act  of  1852.    10  An.  454. 


NEW   ORLEANS.  523 

38.  A  cemetery  is  an  indispensable  part  of  every  city  or  town, 
and  wherever  situated  must  be  in  the  neighborhood  of  private 
property.  Such  cemetery  is  not  a  nuisance  because  it  depreciates 
the  marketable  value  of  tlie  property  in  the  neighborhood.  11 
An.  244;  10  An.  431. 

39.  The  several  acts  of  the  Legislature  giving  to  the  city  police 
powers  over  the  hatture  were  never  intended  to  disturb  the 
rights  of  property ;  and  had  such  been  the  objects  of  the  statutes 
they  would,  to  that  extent,  have  been  nullities.     11  An.  148. 

40.  The  city  is  responsible  for  damages  occasioned  by  the  tor- 
tious acts  of  municipal  officers,  done  within  the  scope  of  their 
employment  and  ratified  by  their  superiors.  In  such  case,  when 
the  evidence  is  unsatisfactory  as  to  the  amount  of  damages,  and 
the  property,  of  the  use  of  which  the  plaintiff  had  been  deprived, 
is  of  trifling  value,  only  nominal  damages  will  be  awarded.  12 
An.  15. 

41.  The  principles  of  law  settled  the  case  of  Stewart  vs.  The 
City  of  Xew  Orleans,  9  An.  461,  reaffirmed.  Under  the  authority 
held,  that  the  city  was  not  liable  in  the  present  case  for  the  non- 
feasance or  misfeasance  of  the  officers  of  the  police  jail.  12  An. 
190. 

42.  Such  portion  of  the  Act  Xo.  71  of  1852,  entitled  ''An  act  to 
consolidate  the  city  of  New  Orleans,  and  provide  for  the  govern- 
ment and  administration  of  its  affairs,''  as  are  not  contrary  to  the 
Act  Xo.  164  of  1856,  entitled  "An  act  to  amend  an  act  entitled  an 
act  to  consolidate  the  city  of  New  Orleans,  and  to  provide  for  the 
government  of  the  city  of  New  Orleans  and  the  administration  of 
the  affairs  thereof,""  are  not  repealed  by  the  latter  act.  12  An. 
432. 

43.  Nuisances  may  exist  in  the  city  without  rendering  the 
same  liable  for  the  consequences.  The  city  at  large  can  not  be 
held  responsible  for  the  acts  of  third  persons,  which,  vmder  a 
more  sagacious  and  efficient  police,  might  jjossibly  have  been  pre- 
vented. The  citj^  is  no  general  warrantor  against  the  acts  of  in- 
dividuals.    12  An.  481. 

44.  The  acts  of  the  Legislature,  which,  in  consolidating  the 
three  municipalities  and  the  city  of  Lafayette  under  one  gov- 
ernment, directed  that  the  debts  of  each,  which  were  to  be  as- 
sessed by  the  city  at  large,  should  alternately  be  liquidated  and 
paid  by  taxation  of  the  inhabitants  of  the  respective  districts,  in 
proportion  to  the  burden  which  they  imposed  upon  the  new  gov- 
ernment by  their  respective  debts,  were  not  contracts.  There 
was  nothing  to  prevent  the  Legislature  from  changing  its  policy, 
and  providing  itwas  done  by  the  act  of  12th  of  March,  1856,  that 
the  taxes  should  be  equal  and  uniform  within  the  entire  limits  of 
the  city.  The  statute  complained  of  is  a  liberal  compliance 
with  the  commands  of  the  Constitution,  ahd  does  not  violate  any 
-contract  or  interfere  with  any  vested  rights.    As  respects  muni- 


524  NEW  ORLEANS. 

cipal  corporations  it  has  always  been  held  that  the  law  of  the 
State  creating  them  and  conferring  iipon  their  officers  a  part  of 
the  sovereign  authority  as  mandataries  of  the  government  is  not 
a  contract,  and,  as  a  consequence,  that  the  Legislature  may 
modify  such  acts  of  incorporation  at  its  pleasure.     12  An.  515. 

45.  No  remedy  is  given  by  statute  against  a  parish  for  a  private 
injury  caused  by  the  absence  of  bridges  or  neglect  to  keep  them 
in  repair.  Where  it  was  not  shown  that  the  police  jury  of  the 
parish  were  under  a  legal  obligation  to  keep  the  bridge  over  a 
certain  water  course  always  in  repair :  Held,  they  were  not  liable 
for  damages  occasioned  by  the  ruinous  condition  of  the  bridge. 
12  An.  858. 
\  46.  The  Legislature  had  the  power  to  abolish  entirely  the  cor- 

poration of  the  former  city  of  Lafayette,  until  it  became  incor- 
porated in  the  city  of  New  Orleans,  and  was  finally  projected  as 
a  part  of  the  same  by  the  Constitution  of  1852.     12  An.  515. 

47.  Corporations  possess  only  jura  minoram.  They  have  not 
the  power  of  contracting  on  all  subjects  like  persons  of  full  age 
and  sui  juris.  Having  only  such  powers  as  are  conferred  by 
their  acts  of  incorporation,  they  can  not  be  bound  by  contracts 
made  by  those  not  authorized  to  represent  them.  The  city  cor- 
poration can  not  be  bound  for  any  contract  made  without  its  au- 
thorization expressed  by  a  resolution  of  the  Common  Council. 

12  An.  496. 

48.  Where  it  is  alleged  that  a  municipal  corporation  has  ex- 
ercised a  lawful  power  in  an  injurious  and  malicious  manner,  the 
presumption  will  be  in  favor  of  the  propriety  and  good  faith  of 
the  acts  of  the  corporation,  and  a  complainant  must  make  out  a 
clear  case  of  wilful  oppression  to  obtain   relief  from  the  courts. 

13  An.  426, 

49.  The  section  of  the  act  of  the  20th  of  March,  1858,  entitled 
"An  act  relative  to  judicial  mortgages  against  the  city  of  New 
Orleans,"  which  provides  that  no  inscription  of  a  judgment 
against  the  city  shall  operate  as  a  judicial  mortgage  is  not  in 
violation  of  the  article  of  the  Constitution  which  declares  that  no 
law  shall  be  passed  impairing  the  obligation  of  contracts.  13 
An.  504. 

50.  In  an  action  against  the  city  corporation  to  recover  dam- 
ages for  injury  done  by  a  mob,  when  the  defence  pleaded  with  a 
general  denial.  Held,  that  under  the  pleadings  the  city  might 
prove,  in  mitigation  of  damages,  that  the  plaintiffs  had  exposed 
their  property  in  the  public  markets  in  violation  of  an  ordinance 
of  the  city  requiring  the  markets  to  be  closed  at  the  hour  when 
the  injury  was  done,  but  that  such  evidence  could  not  be  received 
as  a  complete  bar  to  the  action.     14  An.  115. 

51.  A  municipal  corporation  is  not  liable  for  damage  done  to- 
private  property  unless  the  act  which  caused  the  damage  was- 


NEW   ORLEANS.  5^5 

•dpne  without  the  authority,  or,  being  authorized  by  law,  was  im- 
properly or  wantonly  executed.     14  An.  120. 

52.  Where  a  public  square  is  bounded  on  one  side  by  private 
property  the  owner  can  not  requix-e  that  the  town  authorities, 
when  the  square  is  enclosed,  should  leave  a  space  for  a  public 
way  between  the  enclosure  and  the  line  of  his  property.  14  An. 
152. 

53.  Where  a  municipal  corporation  was  sued  for  an  act  of 
■omission  or  non-feasance  in  not  repairing  a  draining  machine 
for  public  utility,  by  which  neglect  plaintiffs  premises  were 
overrtowed  and  his  property  damaged.  Held,  that  as  the  act 
complained  of  involved  the  disbursement  of  the  corporate 
revenues,  it  was  a  matter  of  discretion  with  the  corporate 
authorities,  and  if  plaintiff  was  damaged  it  was  clammim  absque 
injuria,  and  he  was  consequently  without  sufficient  cause  for 
action.  Held,  also,  that  a  corporation  in  such  a  case  may  avail 
Itself  of  this  exemption  from  the  suit  under  the  plea  of  general 
denial.     14  An.  920. 

'  54.  An  ordinance  of  the  City  Council,  ordering  a  blacksmith's 
«hop  to  be  closed  as  a  nuisance,  is  authorized  by  law,  and  may 
be  carried  into  effect  by  an  injunction  restraining  the  owner  from 
continuing  it.     14  An.  247. 

55.  The  power  of  the  municipal  corporation  to  make  con- 
tracts for  the  pavement  of  streets  at  the  expense  partially  of  the 
proprietors  is  clear.  In  the  absence  of  proof  of  fraud,  the  ac- 
ceptance by  the  corporation  of  work  which  it  was  authorized  to 
contract  for  is  prima  facie  evidence  against  the  defendant,  so  far 
as  relates  to  its  completion  and  the  manner  in  which  it  was  done. 
14  An.  297. 

5b.  Where  plaintiff  received  warrants  for  money  due  him  on  a 
contract,  without  objecting  or  taking  them  under  protest  that 
they  were  not  for  the  whole  sum  due,  his  endorsing  the  warrants 
will  preclude  his  claiming  afterward  that  they  were  not  drawn 
for  a  sufficient  amount.     14  An.  389. 

57.  A  party  shovild  not  suffer  by  an  omission  from  the  specifi- 
■cations  of  a  contract,  when  those  specifications  were  drawn  up 
by  the  opposite  contracting  party.     15  An.  667. 

58.  In  the  absence  of  proof  to  the  contrary,  it  will  be  presumed 
that  the  city  authorities  have  complied  with  the  formalities  of 
the  law  in  making  a  contract:  omnia  prfeaumuntur  solemnitur  esse 
acta.     17  An.  185. 

59.  The  city  of  New  Orleans  is  liable  for  the  damages  done  to 
property  by  mobs  in  riotous  assemblies.  Act  of  the  Legislature, 
approved  9th  March,  1855.  20  An.  Rep.  410;  23  An.  507;  28  An. 
936;  32  An.  578. 

-  60.  An  injunction  against  the  city  of  New  Orleans  may  be  dis- 
solved on  motion  without  bond.  The  statute  exempting  the  city 
from  giving  bond  in  all  judicial  proceedings,   to  which  she  is  a 


526  NEW   ORLEANS. 

party,  is  general,  and  applies  to  the   dissolution   of  injunctions. 
20  An.  Rep.  300. 

61.  The  city  of  New  Orleans,  having  decided  that  it  was  to  the 
public  interest  to  become  the  oicner  of  the  soil  necessary  to  con- 
struct a  levee  and  establish  a  public  road,  adopted  the  mode  of 
expropriation  prescribed  by  law  by  empaneling  a  jury  of  free- 
holders. The  jury  made  their  report  of  the  quantity  of  ground 
necessary  for  the  contemplated  levee  and  roads  and  estimated  the 
value  thereof.  Held,  that  the  city  having  elected  this  mode  of 
proceeding  she  is  bound  by  the  rules  and  regulations  prescribed 
in  such  cases.     20  An.  Rep.  394. 

62.  The  right  of  the  city  to  employ  an  attorney  at  law  conver- 
sant with  city  affairs,  to  facilitate  the  collection  of  debts  due  her, 
is  unquestionable,  when  in  so  doing  she  does  not  infringe  on  any 
of  the  rights  of  her  officers.     20  An.  Rep.  172. 

63.  The  law  of  1856,  section  131,  page  136,  exempting  the  city 
of  Xew  Orleans  from  giving  bond  in  litigations  to  which  she  is  a 
party,  does  not  apply  to  the  Treasurer  or  other  officers  of  the 
city.  The  statute  exempting  the  corporation  from  giving  bond 
is  an  exceptional  one,  and  can  not  be  extended  to  other  parties 
than  those  mentioned.    21  An.  Rep.  177. 

64.  Contract  debts  must  provide  means  of  paying.  29  An.  678; 
30  An.  35;  33  An.  79,  386;  36  An.  430. 

65.  Must  pay  contract  judgments.  32  An.  726,  884;  33  An.  79, 
1180,  1248;  34  An.  43,  95.  204,  368,  491,  673,  1150. 

66.  Liability  for  damages.   28  An.  688;  12  R.  674;  3  An.  645. 

67.  The  city  having  reserved  in  their  proposals  the  rejection  of 
any  and  all  bids  has  that  right  without  incurring  any  liability. 
26  An.  754. 

68.  A  duly  authorized  contract  will  be  enforced  against  the  city 
if  the  means  of  payment  provided  in  the  contract  should  fail,  not 
due  to  the  laches  or  fault  of  the  contractor.     41  An.  839. 

69.  A  municipal  corporation  after  remitting  the  bomis  and  re- 
ceiving taxes  in  lieu  of  same  can  not  recover  bonus,  however  true 
it  be  that  the  immunitj^  from  taxes  was  illegal.  It  can  not  claim 
both.     28  An.  497;  35  An.  548;  36  An.  432;  41  An.  904. 

Interpretation  of  contract.     35  An.  273. 

70.  Failure  to  pay  cash  justifies  abandonment  of  contract.  35 
An.  523. 

71.  Salaries  of  officers  can  not  be  diminished  by  resolution  of 
Council.     34  An.  128. 

72.  Salaries  of  clerks,  etc.    37  An.  894. 

73.  Power  to  remove.     35  An.  1075. 

74.  Taxation.    32  An.  709;  33  An.  79,  567. 

75.  The  Legislature  can  not  so  alter  the  charter  of  a  corpora- 
tion as  to  affect  the  rights  of  third  persons  previously  acquired 
under  the  charter.    30  An.  1371. 


NEW   ORLEANS.  527 

76.  Mandamus  to  compel  levy  of  tax.  34  An.  477;  85  An.  68, 
221.781. 

77.  Change  of  charters  does  not  affect  identity  of  corporation. 
39  An.  439. 

78.  Right  of  State  to  recall  and  abrogate  any  powers  pre- 
viously conferred  on  any  municipal  corporation.     38  An.  412. 

79.  Officers  can  not  create  obligations  binding  on  corporations 
unless  authorized.  12  An.  496;  29  An.  673;  15  Wal.  5666;  42 
An.  163;  2  Woods,  128. 

80.  The  parish  of  Orleans  is  the  city  of  N"ew  Orleans'  bound- 
aries.    27  An.  156;  24  An.  513;  28  An.  38,  42,  873;  29  An.  428. 

81.  No/,  fa.  can  be  issued  against  city  of  New  Orleans.  23  An. 
708. 

82.  Contract  of  banks,  etc.    42  An.  614. 

83.  Courts  of  this  State  have  no  power  by  injunction  to  prevent 
a  municipal  corporation  from  enforcing  police  ordinances  in  the 
interest  of  public  order  and  health,  penal  in  their  nature.  42  An. 
629. 

84.  The  Council  is  without  power  to  sell  for  even  a  limited  time 
the  exclusive  privilege  to  use  a  street  for  any  particular  purpose. 
It  can  only  regulate  their  use  and  management.     44  An.  748. 

85.  City  ordinance  inconsistent  with  and  in  conflict  with  the 
general  policy  of  the  State  is  illegal,  null   and  void.    45  An.    34. 

86.  Under  the  general  welfare  clause  to  be  found  in  all  muni- 
cipal charters,  which  is  often  implied  from  the  other  powers 
granted,  the  city  can  not  enlarge  these  powers  further  than  neces- 
sary to  carry  into  effect  the  specific  power  granted.   45  An.  954. 

87.  A  municipal  corporation  is  not  liable  for  damages  done  to 
private  property  unless  the  act  was  done  without  authority  of  law, 
or  being  authorized  by  law  was  improperly  or  wantonly  ex- 
ecuted.  46  An.  1528. 

88.  The  legislative  character  of  the  municipal  corporation  be- 
ing a  specified  act,  apart  from  the  body  of  the  general  laws  of  the 
State,  it  can  not  be  repealed  by  a  general  law  of  the  State,  unless 
that  intention  clearly  appears  from  the  terms  of  the  general  act; 
and  that  the  general  act  shall  repeal  the  special  law  it  must  ap- 
pear that  the  provisions  of  the  former  are  irreconcilably  incon- 
sistent with  those  of  the  latter.     47  An.  618. 

89.  The  Municipal  Council  has  the  authority  in  public  interest 
to  make  extensive  and  varied  regulations  as  to  the  time,  mode  and 
circumstances  one  shall  exercise  his  right  to  private  property; 
but  without  showing  cause  sufficient,  an  owner  can  not  be  di- 
vested of  his  property.     47  An.  1029,  1660. 


528  NEUTRAL   (GROUNDS. 

NEUTRAL    GROUNDS. 

See  Offences,  Parks,  etc.,  and  Streets. 

ord^Nortiss*,  Art.  1266.  The  neutral  ground  on  Claiborne  street  or 
*ApriJ  29, 1S90  all  that  portion  thereof  between  the  two  inner  rows  of 
shade  trees  is  a  public  place,  and  that  full  control  there- 
of is  given  and  confided  to  the  goveruTnent  of  the  city 
of  New  Orleans  by  the  Constitution  and  laws  of  the 
State,  particularly  by  the  existing  charter  of  the  city, 
and  that  the  said  city  government  has  full  and  complete 
police  power  and  control  over  the  same  and  over  all 
streets,  public  ways  and  public  places  within  the  city 
limits.  That  the  public  welfare,  health,  safety  and 
comfort  of  the  inhabitants  of  this  city  require  that  the 
said  middle  or  neutral  ground  on  Claiborne  street,  and 
all  of  that  portion  thereof  lying  between  the  two  inner 
rows  of  shade  trees,  shall  be  kept  open  and  free  from  all 
traffic,  obstruction,  or  use  as  a  roadbed  for  any 
railroad,  and  from  all  use  or  occupancy  as  a  rail- 
road bed  or  track  or  tracks  or  other  structure  or  work  to 
be  used  for  railway  traffic  or  transportation  of  either 
freight  or  passengers,  and  that  the  construction  and 
operation  of  any  such  railway,  or  the  carrying  on  of  any 
such  traffic  on  said  middle  ground  on  Claiborne  street, 
or  the  construction  of  any  work  that  will  ia  any  way 
cover,  partially  cover  or  interfere  with  free  access  to  the 
drainage  canal  on  Claiborne  street,  .beyond  what  is 
necessary  to  bridge  and  make  crossings  for  the  streets 
of  the  city  crossing  Claiborne  street,  will  be  and  is  here- 
by declared  dangerous  and  will  impair  the  public  health, 
safety  and  comfort  of  the  inhabitants  of  this  city,  and 
divert  the  said  Claiborne  street  and  the  middle  ground 
thereof  from  its  true  proper  necessary  municipal  use  and 
destination,  and  is  hereby  declared  a  dangerous  public 
nuisance,  and  will  be  dealt  with  as  such  to  the  full  ex- 
tent of  the  police  power  to  prevent  and  abate  nuisances 
and  control  all  municipal  public  streets,  ways  and  places, 
vested  in  the  city  of  New  Orleans  by  law  and  its 
charter,  and  that  all  ordinances  and  parts  of  ordinances 
in  conflict  with  this  ordinance  are  hereby  repealed. 


NEUTRAL   GROUNDS.  529 

.Art.  1267.  (1)  That  on  and  after  the  passage  of  this  ^^^  ji^-^^' ^/ s°' 
ordinance  it  shall  be  unlawful  for  any  person  or  persons  ^ord^N^y^^o, 
to  ride  on  horseback,  or  to  drive  any  horse  or  vehicle,  or  c-^- .j  ^  ^„ 
turn  out  any  cattle,  or  in  any  manner  exercise  the  same 
on  the  neutral  ground  of  St.  Charles  avenue  from  the  Lee 
Circle  to  Carrollton  avenue. 

Art.  1268.  (2)  That  any  one  found  violating  the  pro-  Penalty, 
visions  of  this  ordinance  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  $25  or  thirty 
days'  imprisonment  in  default  of  the  payment  of  said 
fine,  for  each  and  every  violation  of  this  ordinance,  one- 
half  of  the  fine  so  collected  to  be  turned  over  to  the 
commissioners  of  St.  Charles  avenue  to  be  used  in  the 
embellishment  of  said  neutral  ground.  The  other  half 
of  the  fine  so  collected  shall  be  paid  to  the  informer  for 
arrest  and  conviction  of  any  one  violating  this  ordinance. 

Art,  1269.  That  permission  be  and  is  hereby  granted 
to  the  Society  Prevention   Cruelty  to  Animals  to  erect    watering 

''  •'  troughs  near  Si. 

watering  troughs  on  such  side  streets  near  St.  Charles  charies  ave. 

'^  "  Ord.  N0.7479, 

avenue  as  is  found   most   desirable  for  the  purpose,  the  c.s. 

April  25,  1893. 

construction  of   the  troughs  and  their  location  to  be  ap- 
proved of  by  the  City  Engineer. 

Art.  1270.  That  the  permission  given  to  locate  these    Permissionto 

^  "  locate    o  n   S  t. 

watering  troughs  on  the  neutral  ground  of   St.  Charles  charies  avenue 
avenue  be  and  the  same  is  hereby  repealed.  ib. 

CANAL   street. 

Art.  1271.  That  the  City  Engineer  and  Commissioner 
of  Public  Works  be  directed  to  notify  the  Canal  and  Grade  of 

Claiborne  Railroad  Company  to  elevate  their  tracks  to  a  ^^^^'  ^^^  g 
grade  to  be  established  by  the  City  Surveyor  and  ap-  ^-.^^^  ^^  „ 
proved  by  the  City  Council,  and  the  grade  thus  estab- 
lished shall  constitute  the  proper  and  established  grade 
of  Canal  street  neutral  ground  from  Claiborne  street  to 
the  head  of  Canal,  at  the  terminus  of  said  company's 
line ;  that  the  said  notice  shall  also  embrace  directions  to 
said  company  to  raise  the  said  neutral  ground  to  the 
grade  established  under  this  ordinance,  as  well  as  to 
construct  the  necessary  crossings  at  the  intersection  of  all 
the  streets  from  the  head  of  Canal  street  toClaiborne  street. 

Art.  1272.  That  upon  failure  of  said  Canal  and  Clai- 
borne Railroad  Company  to  comply  with  the  joint  notice 


530  NEUTRAL  GROUNDS. 

compiV  w'tthP^'^^^^®^  *^^  herein,  the  said  Commissioner  of  Public 
caSail'nd  ciaf.  ^0**^8  and  City  Engineer  shall  notify  the  Council  of  the 
borne  Railroad  faij^re  or  ueglcct  of  Said  compauy  so  that  the  Council 
lb  shall  advertise  for  bids  for  said  work  to  be  performed 
by  the  contractor  according  to  the  plans  and  specifica- 
tions to  be  prepared  by  the  City  Engineer  and  approved 
by  the  Commissioner  of  Public  Works,  and  it  shall  be 
the  duty  of  the  City  Council  to  give  the  contract  to  the 
lowest  bidder. 

Art.  1273.  That  as  soon  as  the  work  contracted  for 

Attorne°*  ^'*^  shall  be  completed  and  certificates  given  for  the  work, 

lb- the  City  Attorney  shall,  upon  the  written  notice  from 

the  Mayor,  be  directed  to  bring  suit  for  the  recovery  of 

the  amount  expended. 

FRANKLIN   STREET. 

Franklin  st.     ^RT.  1274.  That  the  plan  as  submitted  by  the   City 
^Ord.No.7720,  Engineer  for  a  neutral   ground  on  Franklin  street,  be- 
june  13,  i873tween  Euphrosine  and  Jackson,  be  and  the  same  is  here- 
by approved. 

URSULINE   STREET. 

Fixing  width  Art.  1275.  That  thirteen  feet,  measured  from  the  gut- 
aveyfrom"ciai^ter's  cdgc  of  thc  bauquettcs,  as  now  existing,  and  meas- 
'"ord.^No.'^se?!  firing  twenty-five  feet  on  Ursulines  avenue,  from  Clai- 
^'oct.9, 1894.  borne  street  to  Broad  street,  shall  be  neutral  ground. 

Art.  1276.  That  the  said  neutral  ground  shall  be 
placed  under  the  control  of  the  Ursulines  Avenue  Im- 
ib.provement  Association,  with  same  power  to  beautify  and 
improve  as  was  vested  to  it  by  Ordinance  No.  5639, 
adopted  by  the  Council  of  the  city  of  New  Orleans,  Sep- 
tember 29,  1891. 

Art.  1277.  (2)  All  plans  and   specifications  for  the 
neer'sappr"v^ai  improvement  of  said  neutral  ground  by  the  Ursulines 
^^'  Avenue  Improvement  Association  shall  be  submitted  to 
the  City  Engineer  for  approval. 

Art.  1278.  (3)  All  ordinances  or  parts  of  ordinances 
clause.*''** '"^  contrary  to  or  in  conflict  with  are  hereby  repealed. 

CLAIBORNE   STREET. 

Art.  1279.  That  it  is  necessary  for  the   safety  of  the 
lives  and  property  of   the  people   of  the   city   of  New 


Control. 


NEUTRAL   GROUNDS.  531 

Orleans,  and  for  the  prompt  notification  and  application    Beiitoweron 

of  means  and  appliances  for  the  extinguishment  of  fires,  street' 

that  the  present  fire  alarm  observation   and   bell   tower  c.  s'. '    °  '^^'^' 

now  erected  on  the  middle  ground  on  Claiborne  street,  be-    "^^"^  ^^'  '^^ 

tween  the  crossins:  of  St.  Peter  and  Orleans  streets,  shall 

be  enlarged  and  increased  in  efficiency,  and  that  the  entire 

middle  ground  on  Claiborne  street,  between  the  crossing 

and  the  intersection  of  St.  Peter  street  and  Orleans  street, 

including  the  entire  space  between  the   two  inner  lines 

of  trees  on  the  said  middle  ground,  is  hereby  dedicated 

to  that  purpose  as  a   superior  municipal   necessity  and 

use,  and  that  the  City  Surveyor  be  required  to  forthwith 

prepare  and  submit  to  the   Council   detailed   plans   and 

specifications  for  the  construction  of   a  tower  to    supply 

the  place  of  the  present  structure,  to  be  one  hundred  feet 

in  height,  with  a  base  of  as  near  fifty  feet  square  as  can 

be  constructed  on  said  space  so  herein  dedicated  to  that 

purpose. 

The  lower  story  so  enclosed  and  fitted  as  to  be  a  safe 
place  for  storing  all  tools,  machinery  and  materials 
needed  for  the  construction  and  repair  of  the  Electric 
Fire  Alarm  telegraph  system  of  the  city,  and  that  as  soon 
as  said  plans  and  specifications  shall  be  approved  by  the 
Council  that  the  Comptroller  advertise  for  bids  for  the 
immediate  construction  of  said  tower  and  the  transfer  of 
the  bell  apparatus  and  attachments  of  the  present  insuf- 
ficient tower  to  the  new  tower  as  soon  as  completed. 

Art.  1280.  (2)  That  this   ordinance  shall  take  effect       Repealing 
from  and  after  the  date   of   its   promulgation,    and   all  <^ia"se.        ^^^ 
ordinances  and  parts  of  ordinances  inconsistent  herewith 
are  hereby  repealed. 

DELORD   STREET. 

Art.  1281.  That  the  neutral  ground  on  Delord  street,    Ord.  N0.6081, 
between  Rampart  and  Baronne,  be  placed  under  the  care    Wb.  23,1892. 
of   the  Illinois  Central  Railroad  Company   for  the   pur- 
pose of    being  graded,  sodded,  mowed,   and   hereafter 
kept  in  good  order. 

TULANE   AVENUE. 

Art.  1282.  That  the  plan  as  submitted  by  the  City^,  „ 

*^  J  J  Ord.  No.  1 1,467, 

Engineer  for  the  establishment   of  a  neutral  ground  on  c.  s. 

°  Oct.  IS,  189S. 

Tulane  avenue,   between  Galvez    street  and  Carrollton 


532  NEUTRAL   GROUNDS. 

ground  Vstab-  avenue,  SO  as  to  provide  for  a  neutral  ground  19  feet 
fished.  ^^  5  inches  in  width  and  a  road  on  each  side  of  same  21 
feet  wide,  and  sidewalks  22  feet  G  inches  wide,  be  and 
the  same  is  hereby  approved,  and  the  City  Engineer  is 
hereby  directed  in  preparing  the  specifications  for  the 
paving  of  said  street  to  make  them  conform  therewith. 
Art.  1283.  That  a  neutral  ground  be  established  on 
Tulane  avenue,  from  Galvez  street  to  CarroUton  avenue, 
and  that  the  said  neutral  ground  be  and  the  same  is 
hereby  dedicated  to  the  public  for  its  use  and  enjoyment, 
and  the  said  neutral  ground  shall  be  nineteen  feet  six 
inches  (19  feet  6  inches)  in  width,  with  a  roadway  on 
each  side  twenty-one  feet  (21  feet)  in  width,  and  the 
sidewalks  shall  be  twenty-two  feet  six  inches  (22  feet 
6  inches)  in  width,  in  accordance  with  the  plan  of  the 
City  Engineer,  submitted  to  the  City  Council  and  ap- 
proved in  section  1  of  this  ordinance. 

PRIVILEGES. 

Ord.  7439.  Bellan,  Ed,  setting  aside  12x20  feet  on  Elysian  Fields 
street,  Milneburg,  for  refreshment  saloon,  April 
17,  1893. 

Ord.  3766.  Everett,  John,  St.  Claude  street,  from  tracks  of  Shell 
Beach  Railroad  Company  to  the  curb  on  river 
side  of  neutral  ground,  below  Spain  and  Poet 
streets,  for  storage  of  wagons,  in  consideration 
to  repair  river-side  of  St.  Claude  street  from 
Spain  to  Poet  streets  and  keep  same  as  well  as 
gutters,  bridges,  etc.,  in  good  repair.  May  29, 
1889. 

Ord.  11,354,  Lafaye,  Paul,  confectionery  and  news-stand  in 
passenger  depot  erected  by  the  Canal  &  Clai- 
borne Railroad  Company  on  neutral  ground 
on  Claiborne  street,  at  intersection  of  Elysian 
Fields  street,  September  24,  1895. 

Ord.  11,532/  New  Orleans  Cold  Storage  Company,  an  office  over 
sidewalk  in  front  of  their  building  on  Front 
street,  between  St.  Joseph  and  Julia  streets, 
said  office  to  be  elevated  at  least  12  feet  from 
the  sidewalk,  12x30  feet,  October  29,  1895. 

Ord.  3722.  Moffat,  A.  W.,  Basin  street,  from  middle  of  block, 
between  Conti  and  St.  Louis  streets  to  its  in- 
tersection with  the  roadway  of  the  Carondelet 
Canal,  for  piling  lumber  thereon,  on  paying 
twenty-five  dollars  monthly  in  advance.  May 
9,  1889. 

Ord.  7438.  Panin,  Geo.,  setting  aside  twelve  (12)  feet  by  twenty 
(20)  feet  for  soda  water  stand  on  Elysian  Fields 
street,  Milneburg,  April  17,  1893. 

Ord.  10,313.  Patorno,  J.  B.,  to  erect  and  operate  a  photo- 
graphic gallery  on  neutral  ground  on  the  levee, 
February  12,  1895. 


NEW   ORLEANS   AUXILIARY   SANITARY   ASSOCIATION.  533 


NEW    ORLEANS    AUXILIARY    SANITARY   ASSO- 
CIATION. 

Art,  1284.  (1)  That   the  city   of  New  Orleans  does    Right  to  lay 
hereby   grant  to  the   New  Orleans  Auxiliary  Sanitary    or'd.  No.  6981 
Association  the  free  use   and  tenure  of  the  following    April,  issi. 
described  property,  with  the  right  to  construct  the  re- 
quisite supply  or  suction  pipes  therefrom  to  the  proper 
distance  into  the  Mississippi  river,  viz. : 

Art.  1285.  The  portion  of  ground  bounded  by  Tou- 
louse, Jefferson  and  Clay  streets,  and  a  space  of  thirty  tenure  of  prop - 
feet  in  width  between  the  woodwork  of  the   wharf  and      '  ib. 

the  line  of  said  portion  of  ground  fronting  the  Missis- 
sippi river,  meaning  as  follows :  One  hundred  and 
twenty  feet  on  the  front  roadway,  and  one  hundred  and 
twenty  feet  on  Clay  street,  fifty-nine  feet  front  on  Tou- 
louse street,  and  fifty-nine  feet  front  on  Jefferson 
street,  having  the  corners  of  said  street  rounded  5  all 
being  located  and  delineated  in  the  accompanying  plan. 

Art.  1286.  The  right  to  occupy,  control  and  hold  pos-  Term, 
session  of  said  property  is  hereby  granted  to  said  asso- 
ciation for  said  purpose  during  the  period  of  twenty- 
five  years ;  at  the  end  of  which  time,  or  at  any  period 
that  the  land  should  revert  to  the  city  of  New  Or- 
leans, the  city  shall  pay  to  the  New  Orleans  Auxiliary 
Sanitary  Association  the  value  of  the  improvements, 
machinery,  buildings,  etc.,  that  may  then  be  on  said 
property,  the  value  to  be  ascertained  and  fixed  by  the 
appraisement  of  two  arbitrators,  one  to  be  appointed  by 
the  city  authorities  and  the  other  by  said  association. 
And  in  case  of  failure  of  these  two  appraisers  to  agree, 
they  shall  appoint  an  umpire,  whose  decision  shall  be 
final  in  fixing  and  determining  the  amount  to  be  paid  by 
said  city  to  said  association. 

Art.  1287.  Whereas,  the  New  Orleans  Auxiliary 
Sanitary  Association  has  petitioned  this  Council  to  give 
them  the  use  of  a  certain  portion  of  land ;  and  whereas, 
the  city  is  convinced  that  the  object  will  be  conducive 
to  public  interest ; 


534  NEW   ORLEANS   AUXILIARY   SANITARY   ASSOCIATION. 

urVof  p^rojerty".  ^^"^^  ^^SS.  That  the  city  of  New  Orleans  does  hereby 
A*  rli  ^88^  grant  to  the  New  Orleans  Auxiliary  Sanitary  Associa- 
tion the  free  use  and  tenure  of  the  following  described 
property,  with  the  right  to  construct  the  requisite  supply 
of  suction-  pipes  therefrom  to  the  proper  distance  into 
the  Mississippi  river,  namely:  The  portion  of  ground 
bounded  by  Celeste  and  Nuns  streets,  atid  the  roadways 
fronting  Peters  or  Water  street,  and  the  roadway' front- 
ing   the     Mississippi    river,    measuring    feet   on 

Celeste  street,  feet  on  Nuns  street,  feet  on 

the  line  of  Peters  or  Water  street,  and feet  on  line 

of  the  Mississippi  River  roadway,  all  described  and 
located  in  the  accompanying  plan,  made  and  signed  this 
day  by  H.  C.  Brown,  Esq.,  City  Surveyor. 
Reversion.  Art.  1289.  The  right  to  occupy,  control  and  hold 
possession  of  said  property  is  hereby  granted  to  said 
association  for  said  purpose  during  the  period  of  twenty- 
five  years,  at  the  end  of  which  time,  or  at  any  other 
period  that  the  land  should  revert  to  the  city  of  New 
Orleans,  the  city  shall  pay  to  the  New  Orleans  Auxiliary 
Sanitary  Association  the  value  of  the  improvements, 
machinery,  buildings,  etc.,  that  may  then  be  on  said 
property,  the  value  to  be  ascertained  and  fixed  by  the 
appraisement  of  two  arbitrators,  one  to  be  appointed  by 
the  city  authorities,  and  the  other  by  said  association. 
And  in  case  of  failure  of  these  two  appraisers  to  agree 
they  shall  appoint  an  umpire,  whose  decision  shall  be 
final  in  fixing  and  determining  the  amount  to  be  paid 
by  said  city  to  said  association. 

Art.  1290.  That  Ordinance  No.  6442,  A.  S.,  approved 
ord.  No.  S4oo',  April  20,  1880,  and  Ordinance  No.  6981,  A.  S.,  approved 
April  IS.  issi.  April  12,  1881,  be  so  amended  as  to  read  as  follows: 
Add  to  the  words  'Hwenty-five  years"  the. words 
"  from  the  passage  of  this  amendment"  ;  provided,  the 
said  property  shall  at  no  time,  during  the  continuance 
of  the  right  herein  granted,  be  used  for  any  other  pur- 
pose than  those  designated  in  the  ordinance. 

Art.  1291.  Whereas,  The  New  Orleans  Auxiliary 
Sanitary  Association  has  petitioned  this  Council  to  give 
them  the  use  of  a  certain  portion  of  land ;  and  whereas, 


lb. 


NEW   ORLEANS   AUXILIARY   SANITARY   ASSOCIATION.  535 

the  city  is  convinced  that  the  object  will  be  conducive  to 
the  public  interest. 

Art.  1292.  That  the  city  of  New  Orleans  does  hereby    Location. 

•^  Ord.  N0.6442, 

^rant  to  the  New  Orleans  Auxiliary  Sanitary  Association  a.  s. 

the  free  use  and  tenure  of  the  following  described prop^    Amended  by 

crty,  with  right  to  construct  the  requisite  supply  of  sue-  c.'^s.    °    '^°°' 

tion  pipes   therefrom   to   the  proper  distance  into  the 

Mississippi  river,  namely :  The  portion  of  ground  bounded 

by  Celeste  and  Nuns  street,  and  the  roadways  fronting 

Peters   or  Water  street  and  the  roadway  fronting  the 

Mississippi  river,  measuring feet  on  Celeste  street, 

feet  on  Nuns  street, feet  on  line  of  Peters  or 

Water  street  and feet  on  line  of  the  Mississippi  river 

roadway,  all   described  and  located   in  the   accompany 
ing  plan  made  and  signed  this  day  by  H.  C.  Brown,  Esq.,  • 
City  Surveyor. 

Art.  1293.  The   right   to   occupy,    control   and   hold     Grant  for 

^  °  .        ,  .  ,  term  of  twenty- 

possession  of  said  property  is  hereby  granted  to  said  fiv^  y 
association  for  said  purposes  during  the  period  of 
twenty-five  years  from  the  passage  of  this  ordinance, 
at  the  end  of  which  time,  or  at  any  other  period  that 
the  land  should  revert  to  the  city  of  New  Orleans,  the 
city  shall  pay  to  the  New  Orleans  Auxiliary  Sanitary  As- 
sociation the  value  of  the  improvements,  machinery, 
buildings,  etc.,  that  may  then  be  on  said  property,  the 
value  to  be  ascertained  and  fixed  by  the  appraisement  of 
two  arbitrators,  one  to  be  appointed  by  the  city  author- 
ities and  the  other  by  said  association.  And  in  case  of 
failure  of  these  two  appraisers  to  agree  they  shall  ap- 
point an  umpire,  whose  decision  shall  be  final  in  fixing 
and  determining  the  amount  to  be  paid  by  said  city  to 
said  association. 

Art.  1294.  Whereas,  The  New  Orleans  Auxiliary  San- 
itary Association  has  petitioned  this  Council  to  give 
them  the  use  of  a  certain  portion  of  land  for  the  location 
of  a  flushing  pump  ; 

Art.  1295.  Whereas,  The  city  is  convinced  that  the 
object  will  be  conducive  to  the  public  interests ; 

Art.  1296-  That  the  city  of  New  Orleans  does  hereby 
grant  to  the   New  Orlenns   Auxiliary  Sanitary  Associa- 


536  !  NEW   ORLEANS   WATERWORKS   COMPANY. 

Ord^No^egSi  ^^^^  ^^®  ^^^^  ^^^  ^^^  tenure  of  the  following  described 

Am ilide'd^'"  P^op^i'ty,  with  the  right  to  construct  the  requisite  sup- 
Ord.  No.  5400,  ply  or  suctiou  pipcs  thercfrom  to  the  proper  distance 
into  the  Mississippi  river,  namely :  The  portion  of 
ground  bounded  by  Toulouse,  Jefferson  and  Clay  streets, 
and  a  space  of  thirty  feet  in  width  between  the  wood- 
work of  the  wharf  and  the  line  of  said  portion  of  ground 
fronting  the  Mississippi  river,  meaning  as  follows  :  one 
hundred  and  twenty  feet  on  the  front  roadway,  and  one 
hundred  and  twenty  feet  front  on  Clay  street,  fifty-nine 
feet  front  on  Toulouse  street  and  fifty-nine  feet  on  Jef- 
ferson street  5  having  the  corners  of  said  street  rounded, 
all  being  located  and  delineated  in  the  accompanying 
plan. 

Term.  Art.  1297.  The  right  to  occupy,  control  and  hold  pos- 

'  session  of  said  property  is  hereby  granted  to  said  asso- 
ciation for  said  purpose  during  the  period  of  twenty-five 
years  from  the  passage  of  this  ordinance  ;  at  the  end  of 
which  time  or  at  any  period  that  the  land  should 
revert  to  the  city  of  New  Orleans,  the  city  shall  pay  to 
the  New  Orleans  Auxiliary  Sanitary  Association  the 
value  of  the  improvements,  machinery,  buildings,  etc., 
that  may  then  be  on  said  property,  the  value  to  be  ascer- 
tained and  fixed  by  the  appraisement  of  two  arbitrators, 
one  to  be  appointed  by  the  city  authorities  and  the  other 
by  the  said  association. 

Umpire.  Art.  1298.  And  in  case  of   failure  of  these  two  ap- 

praisers to  agree  they  shall  appoint  an  umpire,  whose 
decision  shall  be  final  in  fixing  and  determining  the 
amount  to  be  paid  by  said  city  to  said  association. 


NEW  ORLEANS  GAS  LIGHT  COMPANY— See  Gas 
Companies. 


NEW     ORLEANS     TELEPHONE     COMPANY— See 
Telephone  Companies. 


NEW  ORLEANS   WATERWORKS   COMPANY— See 
Waterworks. 


OFFENCES,  MISDEMEANORS  AND  NUISANCES.  537 


NOTARY  (CITY)— See  Section  53,  City  Charter. 

Act.  139  of  1888  relative  to  Appointment  of  Notaries. 


NUMBERING  HOUSES— See  House  Numbering. 


OBSTRUCTIONS— See  Drainage  and  Streets. 


OFFENCES,    MISDEMEANORS   AND   NUISANCES. 
animals. 

Art.  1299.  It  shall  not  be  lawful  for  any  person  or  ^^  E^^^e^'^^jy^g 
persons  to  ride  on  horseback,  or  to  drive  any  horse  ort'^e^^j"  certain 
vehicle,   or  to  turn  out  any  cattle,  or  in  any  manner  to    J^^^^m  i^- 
exercise  the  same  in  the  centre  of  the  following  named 
streets :  Canal,  Basin,  Rampart,  Esplanade  or  Claiborne 
streets,  St.  Bernard  avenue,  or  in  Coliseum  place,  or  in 
any  public  square. 

Art.  1300.  It  shall  be  unlawful  to  wash  horses  or  washing- 
other  animals  on  the  sidewalks  of  the  city,  or  in  any  S,7nts^,  °"  p*""*' 
other  place  that  will  incommode  the  public.  ^^' 

Art.  1301.  Any    person  committing  any  of  the   of-    penaity. 
fences,    or  violating  any  of  the  provisions   hereinbefore  ^^' 

named,  shall  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars;  and  if  the  fine  be  not  paid  he  shall 
be  imprisoned  for  a  term  not  exceeding  ten  days. 

Art.  1302.  That  it  shall   not  be  lawful  for  any   one     Hitching  of 
keeping  horses  for  hire,  or  for  their  own  private  use,  to    juiyi 
hitch    any  horse  in  the  streets  within  the  immediate   vi- 
cinity of  any  private  dwelling  or  public  house  where  by 
pawing   or  otherwise   the  occupants  thereof  may  be   in- 
commoded. 

Upon  the  complaint,  in  writing,  to  the  Mayor  of  any 
such  householder  that  the  provisions  of  this  resolution 
are  disregarded,  to  their  annoyance  and  injury,  he  shall 
cause  a  notice  to  be  served  upon  the  party  or  parties 
against  whom  such  complaint  is  made  to  desist  from 
the  practice  complained  of.     In  the  event  of  failure  so 


7228. 


538  OFFENCES,  MISDEMEANORS   AND   NUISANCES. 

^Penalty.    ^^  ^o  do  any  such  person  shall  be  subject  to   a  fine   of  ten 

dollars  for  each  and  every  day  he  shall  fail  to   comply 

with  the  said  notice,  recoverable  before  the  Recorder  of 

the  district  in  which  said  offence  has  been  committed. 

Driving     In  default  of  payment  of  the  fine  herein  provided  for 

loose  horses  i     ./  i 

through  streets,  the  party  SO  offending  shall  be  imprisoned  for  a  period 

A.s.6^.     'not  exceeding  ten  days. 

Art.  1303.  (1)  That  hereafter  it  shall  not  be  lawful 
for  any  person  or  persons  to  drive  in  a  loose  condition 
through  the  following  streets  of  the  city  of  New  Orleans : 
Canal,  Common,  Royal,  Bourbon,  Chartres,  Custom- 
house, Carondelet,  St.  Charles,  Camp  and  Magazine 
streets,  except  when  in  crossing  the  same,  any  horse  or 
horses,  mule  or  mules,  or  other  beasts  of  burden. 

Penalty,  Art.  1304.  That  whoever  shall  violate  the  provisions 

yjrJ.  N  0.4972,  ^ 

^'d[c  i6  iSqt  ^^  *^^^  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars  or  imprisooment  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  im- 
prisoned in   the  said  parish  prison  for  a  term   not  to 
exceed  thirty  days  in  default  of  payment  of  the  fine,  to 
\)e  imposed  by  the  Recorder  of  the  district  wherein   the 
offence  is  committed ;  provided,  that  the  fine  shall  not  ex- 
ceed twenty-five  dollars  for  each  offence  nor   the   im- 
prisonment more  than  thirty  days, 
ti?throIl|hThe     ^^'^-  ^^^^-  That  it  is  hereby  made  an  offence  to  drive, 
**ord^'No  60S0  ^^  ^-^  attempt  to  drive,  through  the  streets  of  the  city, 
^F^Jb  2    1802  ^^^^^^  which  arrive  in  New  Orleans  either  by  boat  or  by 
railroad. 
Separate  of-      Art.  1306.  That  cacli  violation  of  this  ordinance  shall 

jfences. 

I''- be  taken  to  be  a  separate  offence,  and  that  any  person 
violating  the  same,  on  due  conviction  before  the  Recorder 
having  jurisdiction,  for  each  separate  offence,  shall  be 
subject  to  fine  or  imprisonment  in  the  parish  jail,  or  both, 
Penalty.        or  to  imprisonment  in  the  parish  jail  in  default  of  the 
payment  of  the  fine ;    provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence  nor  the  im- 
prisonment more  than  thirty  days. 
Repealing     Art.  1307,  That  all  ordinances  and  parts  of  ordinances 
lb.  in  conflict  or  inconsistent  with  this  ordinance  be  and  the 
same  are  hereby  repealed- 


OFFENCES,  MISDEMEANORS   AND   NUISANCES.  539 

Art.  1308.  That  hereafter  it  shall  not  be  lawful  f or  .j^^^^^y J^^°J 
any  person   or  persons   to    drive    through  any   of  the  ^^^^- ^0.7033. 
streets  of   the   city  of   New   Orleans,  horses,  mules  of    ^«=- '°'  '^*- 
other  beasts  of  burden,  except  under  the  following  con- 
ditions : 

Art.  1309.   (2)  That  all  horses  ormules,"  when  being,  ^^^^'p^^'-f^^f 
driven  from  points  of  arrival  to  stable,  or  from  stable  to'^^^P^''-       ib. 
points  of   shipment,  shall   be   in  charge   of   competent 
keepers,  who  shall  be  above  the  age  of  sixteen  years, 
and  who  shall  be  uniformed,  or  bear  some  device  upon 
their  person  to  designate  what  firm  they  represent,  and 
provided  that  all  such  animals  shall  not  be  driven  in 
droves  above  twenty-five  in  number;   and  provided  fur- 
ther, they  shall  not  be  driven  through   the   following        Prohibited 
streets:     Canal,   Common,   Royal,  Bourbon,   Chartres, 
Customhouse,  Carondelet,  St.  Charles  avenue,  Camp  and 
Magazine  streets,  except  when  crossing  the  same. 

Art.  1310.  (3)  That  whoever  shall  violate  the  pro-  Penalty, 
visions  of  this  ordinance  shall  be  subject  to  a  fine  not  to 
exceed  twenty-five  dollars,  or  suffer  imprisonment  for 
thirty  days,  in  default  of  payment  of  fine,  or  both,  to 
be  imposed  by  the  Recorder  of  the  district  in  which  the 
offence  was  committed ;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  nor  the  imprisonment  for 
more  than  thirty  days  for  each  offence. 

Art.  1311.  (4)  That  all  ordinances  or  parts  of    or-        Repealing 

.  clause. 

dinances   in   conflict  herewith  be  and  the  same  are  here-  ib, 

by  repealed. 

Art.    1312.     That   from    and   after  the   passage   of    Horse,  muies, 

cow,  etc.,     not 

this  ordinance  it  shall  not  be  lawful  for  any  person  or  to  rove  on  ban- 

''      '^  quettesor 

persons  to  allow  any  horse,  mule,  cow,  hog,  pig,  sheep,  ^^o^d^-jjo  ^  sc 
goat  or  any  other  animal  to  rove  upon  any  of  the  streets  ^-  ^• 
or  banquettes  within  the  limits  prescribed  in  this  ordi- 
nance. 

Art.  1313.  That  if  any  person  shall  overdrive,  over-       crueity  to 
load,    or  unnecessarily  or  cruelly  beat,    mutilate,    kill,  *'oTd.'No.3334, 
torture  or  abuse,  or  cause  or  procure  to  be  overdriven,  ^'il^^  ,^j3sg^ 
overloaded,  cruelly  beaten,  mutilated,  killed,  tortured  or 
abused  any  animal  in  or  on  any  street,   park,  levee  or 
other  public  place  in  the  limits  of  the  city  of  New  Or- 


lice 


540  OFFENCES,  MISDEMEANORS   AND   NUISANCES. 

leans,  such  person  shall  be  deemed  guilty  of  an  offence 
against  the  police  and  good  order  of  the  city,  and  shall, 
upon   conviction   thereof  before    the    Recorder  within 

Penalty.  whosc  jurisdictiou  the  offence  is  committed,  be  punished 
by  said  Recorder  by  a  fine  not  exceeding  twenty-five 
dollars  for  each  offence,  and  in  default  of  payment  of 
fine  be  imprisoned  for  not  exceeding  thirty  days. 

Duty  of  Po-  Art.  1314.  (2)  That  in  further  compliance  with  said  Act 
lb.  19  of  1888,  it  shall  be  the  duty  of  the  police  of  the  city 
to  enforce  this  ordinance ;  and  also  under  said  act  of 
the  Legislature  to  aid  the  Louisiana  State  Society  for  the 
Prevention  of  Cruelty  to  Animals,  incorporated  in  this 
city  by  notarial  act  of  N.  B.  Trist,  in  the  enforcement  of 
all  laws  which  are  now  or  may  hereafter  be  enacted  for 
the  protection  of  dumb  animals. 


VEHICLES. 

Unlawful  to     ^jjrp    1315,  jf  shall  be  unlawful  for  any  cab,  hack, 

stand  on  revet-  '^  ^  7  ' 

gent  at  West  carriage   or  other  vehicle,    public   or  private,    to   stop 
^  ord.  N0.S472,  Qj.  stand  or  attempt  to  stand  other  than  for  the  imme- 
juiy  38, 1891.  diate  purpose  of  letting   out   or    taking   in   a  passen- 
ger  or  passengers   on   that  portion   of  the  Revetment 
Levee    at    West  End,    commencing  from    the    bridge 
over  the  New  Canal  to  the  extreme  end  of  the  platform 
on  the  west  side  of  West  End  Hotel. 
Penalty.  ^^T.  1316.  That  whosoevcr   shall  violate   this   reso- 

^^'  lution  shall  be  subject  to  a  fine  not  to  exceed  twenty-five 
dollars  or  imprisonment  in  the  parish  prison  for  a  term 
not  to  exceed  thirty  days,  or  both,  or  imprisonment  in 
the  said  parish  prison  for  a  term  not  to  exceed  thirty 
days  in  default  of  payment  of  the  fine,  to  be  imposed  by 
the  Recorder  of  the  district  wherein  the  offence  is  com- 
mitted ;  provided,  that  the  fine  shall  not  exceed  twenty- 
five  dollars  for  each  offence,  nor  the  imprisonment 
more  than  thirty  days. 
G  o  n  g  s  at-      ^jjrp    1317    j^  shall  bc  and  is  hereby   made  unlawful 

tached    to    ve-  "^ 

^  o'rd'  No  o     ^^^  ^^y  person  or  persons  to  have   any   gong  or  gongs 
^'^-         00  '  attached  to  any  vehicle  or  vehicles  and  used  on  the  pub- 

Aug    27,  1889.  •'  ,  ,    .  1       n  i  1 

lie  streets ;  provided,  however,  that  this  shall  not  apply 


OFFENCES,  MISDEMEANORS   AND   NUISANCES.  541 

to  the  ambulance,  fire  insurance  and  police  patrol  wagons 
and  vehicles  used  by  the  fire  department  of  this  city. 

Art.  1318.  That  any  person  or  persons  violating  any  Penalty, 
of  the  provisions  of  this  resolution  shall  be  fined  not 
less  than  $5  nor  more  than  $25,  and  in  default  of  pay- 
ment to  imprisonment  for  not  less  than  five  days  nor 
more  than  thirty  days,  at  the  discrietion  of  the  Recorder 
of  the  district  in  which  the  offence  is  committed. 

Art.  1319.  That  it  shall  be  unlawful  to  use  a  wagon  megai  use  of 
or  other  vehicle  to  haul  for  hire  upon  which  are  license  ''ord?No.'4^ii 
plates  obtained  for  a  vehicle  for  the  private  use  of  the  ^nov.  la,  1889. 
owner  thereof. 

Art.  1320.  That  all  wagons  or  other  vehicles  found    t  o  b  e  im- 
upon  the  streets  or  other  public  places  of  the  city,  in  ^*'"'*  *  '     ib. 
violation  of  section  1  hereof,  shall  be  impounded  in  the 
pound  nearest  to  the  point  where  they  are  so  taken,  and 
the  Pound  Contractor  is  authorized  to  charge  and  collect 
a  fee  of  $3  for  each  vehicle  so  impounded. 

Art.  1321.  That  any  person  violating  this  ordinance    Penalty, 
shall  be  fined  $9,  and  in  default  of  payment  shall  be 
imprisoned  ten  days. 

Art.  1322.  That   it  shall   hereafter  be  unlawful  for      obstructing 
any  funeral  or  procession  of  pedestrians  or  vehicles,  by  Ord.  Nor3232, 
following  or  crossing  a  street  railroad  track,  to  impede,    bet.  2,  isss. 
obstruct  or  retard  the  usual  running  of  the  street  cars. 

Art.  1323.  That  any  person  violating   this  ordinance    Penalty, 
shall  be  punished  by  fine  not  exceeding  twenty-five  dol- 
lars or  by  imprisonment  not  exceeding  thirty  days. 

That  it  is  hereby  made  the  duty  of  police  officers  to  Dutv  of  po- 
arrest  any  and  all  persons  violating  this  ordinance.  ^'*^^  officers.  ^^ 

Art.  1324.  (15)  No  proprietor,  owner  or  driver  of  a 
dray,  cab,  hack  or  vehicle  whatever  shall  use  violence    cab  driver, 
or  insulting  language,  or  shall  oppose  an  unlawful  re- 
sistance to  any  of  his  passengers  or  employers,  or  to  any 
citizen. 

Art.  1325.  (16)  Any  person  committing  any  offences    Penalty 
or  violating  any   part   of  the  provisions   hereinbefore 
named   shall  be  fined  not  less  than  twenty  dollars  nor 
more  than  one  hundred  dollars,  and  in  default  of  pay- 
ment shall  be  imprisoned  not  exceeding  thirty  days. 


Ib. 


lb. 


542  OFFENCES,  MISDEMEANORS   AND   NUISANCES 

Punishment  Art.  1326.  (4)  111  every  case  where  minors  or  ap- 
minorsT^^^  °  prcntices  violate  an  ordinance,  the  parents  or  guardians 
■  of  the  minors  or  masters  of  the  apprentices  shall  be  re- 
sponsible for  the  fine ;  and  when  such  persons  refuse  to 
pay  the  fine,  the  minors  or  apprentices  shall  be  sent  to 
the  House  of  Refuge  for  a  period  not  exceeding  five 
days. 

CROSSINGS,    ETC. 

Driving  over     Art.  1327,  That  from  and  after  the   promulgation  of 
tra^c^ts  m  u'^s^this  Ordinance  it  shall  be  unlawful  for  the  driver  of  any 
come  o  a  u   g^j.^^^  ^^^  ^^  drive  ovcr  the   tracks   of   any  intersecting 
0. 8. '    °'  "*'  '^'  steam  railroad   without   having  previously  brought  his 
ec.  '7''^-(,g^j.  ^Q  g^  f^ii  g^Qp  gjj(j  satisfied   himself  there  can  be  no 
danger  in  making  the  crossing. 
Penalty.  Art.  1328.  That  any  driver  or  other  person  in  charge 

^^'  of  a  street  car,  violating  the  provisions  of  this  ordinance 
shall,  upon  conviction,  before  the  Recorder  within  whose 
jurisdiction  the  offence   has   been   committed,  be  fined 
not  exceeding  $25,    and  in  default  or  payment   of  fine 
be  imprisoned  not  more  than  thirty  days. 
Cars  to  come     Art.  1329.  That  ou  and  after  the  passage  of  this  or- 
crossing'  oth°er  diuaucc  it   shall  be  unlawful  for  any  car  propelled  by 
*  ord.^No.  7480  horse  or  mule  power   to   cross  any  track  or  tracks  of  a 
^A^p'rii  25. 1893.  ^^^d  propelled  by  electricity,  or  tracks  of  a  road  pro- 
pelled by  steam  power,  or  for  any  car  propelled  by  elec- 
tricity, to   cross   any  track  before  coming  to  a  full  stop. 
Penalty.        Any  infraction  of  this  ordinance  shall,  upon  conviction, 
"  be  subject  to  a  fine  of  not  more  than  $25  or  less  than 
thirty  days'  imprisonment;  one-half  of  the  fine  so  col- 
lected shall  be  paid  to  the  informer, 
Explosives  on     Art.  1330.  (1)  That  from  and  after  the  passage  of  this 
Ord^Na  11,526,  ordinance  it  shall  be  unlawful  for  any  person  or  persons 
^'oct.  29,  1895.  to  place  on  any  railroad  track  or  tracks,   passenger  or 
freight  railways,  within  the  city  limits,  any  torpedoes, 
cartridges  or  explosive  materials,  with  malicious  intent 
to  injure  or  frighten  passengers  or  other  citizens. 

Art.  1331.  (2)  That  it  shall  be  deemed  a  misdemean- 
or to  violate  any  of  the  provisions  of  section  1  of  this  or- 
dinance, punishable  before  any  Recorder  or  justice  of 
the  peace  or  other  proper  law  officer  having  jurisdiction 


OFFENCES,  MISDE-AIEANORS   AND   NUISANCES.  543' 

by  a  fine  of  $5  for  each  and  every  offence,  or  imprison-  Penalty, 
ment  for  ten  days,  or  both,  at  the  discretion  of  the  officer 
having  jurisdiction. 

FISH,  ETC. 

Art.  1832.  That  it  shall  be  unlawful  for  any  person  unUwfui  to- 
or  persons  to  catch,  kill  or  pursue  any  green  trout  or  spawning^sL^ 
black  bass,  or  to  have  the  same  in  their  possession  after  *ord^  no.  5S68, 
being  caught  or  killed  in  this  parish  during  the  spawn-  *Dec.  k,  iSoi. 
ing  season,  say  from  the  first  day  of  March  to  the  ord""Nof  7130^ 
fifteenth  day  of  May  of  each  year,  inclusive.  ^'  ^ 

Art.  1333.  That  whoever  shall  violate  the  pro-  Penalty, 
visions  of  this  ordinance  shall  be. subject  to  a  fine  not  to 
exceed  twenty-five  dollars  or  imprisonment  in  the  parish 
prison  for  a  term  not  to  exceed  thirty  days,  or  both, 
or  imprisonment  in  the  parish  prison  for  a  term  not  to 
exceed  thirty  days  in  default  of  payment  of  the  fine  to 
be  imposed  by  the  Recorder  of  the  district  wherein  the 
offence  is  committed  ;  provided,  that  the  3ne  shall  not  ex- 
ceed twenty-five  dollars  for  each  offence  nor  the  im- 
prisonment more  than  thirty  days. 

Art.  1334.  That  it  shall  be  unlawful  for  any  person     unlawful  ta 
or  persons  to  haul  any  seine,  net,  etc.,  in  any  lagoon  or  net"  eta^in^any 
bayou  within  the  limits  of  the  parish  of  Orleans.     That  LayluTn  parish 
any  person  or  persons  violating  the  provisions  of  this  °o?d!  N^fcsge, 
ordinance  shall,  upon  conviction,  pay  a  fine  of  not  more^'Nov.  2,  1S92. 
than  twenty-five  dollars  nor  more  than  thirty  days'  im-    • 
prisonment  by  the  Recorder  in  whose  jurisdiction  said 
offence  is  committed.     One  half  of  the  fine  imposed  to    ^^"*''y- 
go  to  the  informer.     That  this  ordinance  shall  take  ef- 
fect from  and  after  its  passage. 

Art.  1335.  That  all  ordinances  or  parts  of  ordinances  Repealing 
conflicting  with  the  provisions  of  this  ordinance  be  and  *^  *"^^*  ib. 
the  same  are  hereby  repealed. 

STREET   SIGNS. 

Art.  1336.  That  any  person  or  persons  interfering    Defacing  or 
with,  molesting,  obstructing  the  view  or  scratching,  de-s?gns!"^  ^^^^^ 
facing,  or  in  any  manner  whatsoever  injuring  the  street  c.sf*  ^°*^^°' 
signs  recently  put  up  under  city  contract,  shall  be  guilty    ^*^*  ^'  '^^' 
of  a  violation  of  police  ordinance  and  punishable  by  im- 


544  OFFENCES,  MISDEMEANORS  AND  NUISANCES. 

Penalty.  prisonineiit  in  the  parish  prison  or  city  workhouse  for  a 
period  of  not  less  than  five  days  nor  more  than  thirty 
days,  or  a  fine  of  not  less  than  fifteen  dollars  nor  more 
than  twenty-five. 

Unlawful  to     Art.  1337.  That  it  is  hereby  made  unlawful,  and  it  is 

move    stake  or  ,       •,  .     , 

other  marks  declared  a  misdemeanor,  to  move,  or  in  any  way  change 

placed  bv  City    ,  .    .  „  .  *^        ,  , 

Surveyor.         the  positiou  of  any  stone,  stake,  nail  or  other  mark, 
c.s.'     ■       'when  placed  by  the  City  Engineer  or  the  Deputy  City 
Surveyors  or  State,  or  United  States  Engineers,  in  or- 
der to  establish  any  line  or  grade  within  the  city  of  New 
Orleans. 
Penalty.  Art.  1338.  Any   person   or  persons    guilty    of    the 

*  offence  above  described  shall  be  liable  to  a  fine  not  ex- 
ceeding twenty-five  dollars,  recoverable  before  the  Re- 
corder of  the  district  in  which  said  offence  has  been 
committed,  and  in  default  of  payment  of  said  fine  to 
imprisonment  not  exceeding  thirty  days,  or  such  per- 
sons may  be  sentenced  to  fine  and  imprisonment  both, 
in  the  discretion  of  the  Recorder. 

•  SAND. 

Unlawful  to     Art.  1339.  That  it  shall  be  unlawful  for  any  person 

remove  sand,  ,  ,         ,  ,      '  , 

Ord.  No.  5528,  or  persous  to  remove  or  cause  to  be  removed  any  sand 
Aug.  is,  1891.  from  the  battures   in  front  of  the  city,  without  having 
previously  complied  with  the  requirements  or  existing 
ordinances. 
Penalty.  ART.  1340.  That  any  person  or  persons  violating  the 

'provisions  of  this  ordinance  shall,  on  conviction  before 
any  of  the  Recorders  having  jurisdiction,  be  fined  in  a 
sum  not  exceeding  twenty-five  dollars,  or  suffer  impris- 
onment for  a  period  not  exceeding  thirty  days,  or  both, 
at  the  discretion  of  the  Recorder. 

FIREARMS. 

Concealed     Art.  1341.  That  whocvcr  shall  carry  a   weapon    or 
^^Ord.°No.  5607,  weapons   concealed  on   or   about  his   person,    such   as 
%e'pt.  IS,  1891.  pistols,    bowieknives,    dirks,    or  any   other    dangerous 
weapon,  shall  be  subject  to  a  fine  not  exceeding  twenty- 
five  dollars,  and  in  the  event  the  fine  imposed  shall  not 
Penalty.        ^^  ^^^^   ^j^^  Recordcr  may  sentence  the  offender  to  a 
term  not  exceeding  thirty  days  in  the  parish  prison. 


OFFENCES,  MISDEMEANORS   AND   NUISANCES.  545 

Art.  1342.  It  shall  be  unlawful  for  any  one  to  sell,  or  ^^{{'J^^^pf^i^  [l 
lease,  or  give  through  himself  or  any  other  person,  any  ""ord^No.rnr, 
pistol,  dirk,  bowieknife,  toy  pistol  for  which  carridges  are  ^-j^;   ^^^  ^g^^ 
used,  or  any  other  dangerous  weapon  which    may   be 
■carried    concealed,  to    any   person   under    the   age   of 
eighteen  years. 

Art.  1343.  That  any  person  violating  the  provisions  Penalty.  ^^ 
of  this  ordinance  shall  be  deemed  guilty  of  a  misde- 
meanor and  shall  be  liable  to  a  fine  not  exceeding 
twenty-five  dollars  or  imprisonment  for  a  period  not 
exceeding  thirty  days,  or  both,  at  the  discretion  of  the 
Recorder  having  jurisdiction. 

Art.  1344.  (1)  That  from  and  after  the  passage  of  this  „f  |*/e\?mJ«pr°o^ 
ordinance  it  shall   be  unlawful  for  any  person  to  fire  or  '^  oVI'^no.  985 
discharge   any   gun,    pistol,    fowling-piece   or     firearm  ^jl^l^jjjgg^ 
within  the  limits  of  the  city,  commencing  at  the  Missis-  oi^™  no.'^Iso^ 
«ippi  river  at  Upperline    street  in  the  Seventh  District,  ^'^'     3  ^^^ 
along  Upperline   street  to  Mobile   street,  down   Mobile 
street  to  Claiborne  street,  down  Claiborne  street  to  the 
northeast  side  of  New  Canal,  out  New  Canal   to   Broad    limits, 
street,  down  Broad  street  to  Common  street,  out   Com- 
mon street   to   Hagan   avenue,  down   Hagan  avenue  to 
Canal  street,  out  Canal   street   to   Metairie  road,   down 
Metairie  road  to  the  east  side  of  Bayou  St.  John,  to  Ma- 
rigny  Canal,  along  Marigny  Canal  to  Gentilly  road,  down 
Gentilly  road  to  London  Avenue  Canal,  along   London 
Avenue  Canal  to  Marigny  Canal,  along  Marigny  Canal  to 
the  Pontchartrain  Railroad,  to   La  Force    street,  thence 
along  the  protection  levee  and  intersection  of  Lafayette 
avenue  and  Claiborne  street,  down   Claiborne    street  to 
Poland  street,  to  the  lower  limits  of  the  city. 

Art.  134.').  And  that  portion  of  the  Fifth  District  em- ,.  ^.V**^  district 

^  limits. 

braced  in  the  following  streets :     Commencing  at  Po-  ^''• 

telemy  street,  Lee's  lane  to  river  front,  along  the  river 
front  to  head  of  Patterson  street,  from  head  of  Patter- 
son street  along  the  river  front  south  to  boundary  line 
of  parish  of  Jefferson ;  east  to  Franklin  street,  from 
Franklin  street  north  to  Lapey rouse  street,  east  to  Val- 
lette  street,  from  Vallette  street  north  to  Newton  street, 
from  Newton  street  east  to  Washington  avenue,  from 
Washington  avenue  north  to  river  front. 


546  OFFENCES,  MISDEMEANORS  AND   NUISANCES. 

Penalty.  ^^  ^rt  1346.  (2)  All  persons  violating  the  provisions 
of  this  ordinance  shall  be  fined  not  less  than  five  nor 
more  than  twenty-five  dollars,  and  in  default  of  pay- 
ment of  said  fine  shall  suffer  imprisonment  for  not  more 
than  thirty  days,  at  the  discretion  of  the  Recorder  in 
whose  district  the  offence  is  committed. 

Repealing  Art.  1347.  (3)  All  ordinauccs  or  part  of  ordinances 
clause.  jtj  contrary  to  or  in  conflict  with  this  ordinance  be  and  the 
same  are  hereby  repealed. 

GIMLET   KNIVES. 

lefklfiveS  ^'"^      ^^'^-  1^^^'  "^^^^  ^^  ^^^  ^^^^^  ^^®  ^^^^  ^^y  ^*  June, 

^0|d.  No.  5067,1879^  it  shall   not  be  lawful  for  any  person  or  firm  to 

^ay.^^879.^    sell,  offer  or  expose  for  sale  within  the  limits  of  the  city 

c.  s.  '  of  New  Orleans  any  gimlet  knife,  dirk  knife,  stiletto, 

spring  knife,  brass  knuckle,    iron  buckle  or  slung  shot. 

Penalty.  Art.  1349.  That  any  violation  of  this  ordinance  shall 

be  punished  by  imprisonment  in  the    parish  prison  for 

the  term  of  thirty  days,  or  a  fine  of  twenty-five  dollars, 

or  both,  at  the  discretion  of  the  Recorder. 

NIGGER   SHOOTERS. 

Nigpr shoot-  Art.  1350.  That  it  shall  be  unlawful  for  any  person: 
ord.  No.  6865,  <^^  pcrsous  to  usc  or  have  in  their  possession  an  instru- 
jan.  issi.  ment  for  propelling  missiles  known  as  "nigger  shoot- 
ers," and  that  any  person  of  persons  violating  the 
provisions  of  this  ordinance  shall  be  subject  to  a  fine  of 
not  less  than  five  nor  more  than  twenty-five  dollars,  and 
in  default  of  payment  of  the  fine  above  provided  for  the 
party  oft'ending  shall  be  imprisoned  for  a  term  of  from 
five  to  thirty  days,  at  the  discretion  of  the  Recorder 
within  whose  district  the  offence  shall  have  been  com- 
mitted. 

NOISES,    NUISANCES,  ETC 

Unlawful     Art.  1351.  (1)  That  the  blowing  of  police  whistles  by 

blowingof  .  _ 

police  whistles,  auv  pcrsou  or  persons   otherwise   than   tor  police  pur- 

Ord.No.  8oiS,        -^    ^,  _,  ^- ^  •       1.         .        J       ,  J  ^      1  -A 

A.  s.  poses  be  and  the  same  is  hereby  declared  to  be  a  misde- 

Aug.  22,  1882.  ^  .     .        .  ,  .     ..... 

meanor,  and  is  hereby  prohibited. 


ers 


Penalty. 


OFFENCES,  MISDEMEANORS   AND   NUISANCES.  547 

Art.  1352.  (2)  That  any  person  or  persons  so  offend-    Penalty.    ^^ 
ing  shall  be  fined   ten   dollars   by  the  Recorder  of  the 
district  in  which  the  offence  was  committed,  and  if  the 
fine  be  not  paid   to  imprisonment  for  a  period  of  not 
more  than  ten  days. 

Art.  1353.  (24)  It  is  unlawful  to  form  heaps  of  oys-    oysters, 
ters  on  the  sidewalk,  or  on  the  streets,  or  in  other  houses  o.  s."    °'  ^'*'' 
than  those  licensed  to  sell  the  same. 

Art.  1354.  Every  person  who  shall,  without  the  consent    c  a  r  r  y  i  n 

^  away  earth. 

of  the  Street  Commissioner  or  Surveyor,  carry  away,  or  ib. 

cause  to  be  carried  away,  any  earth  from  any  street, 
square,  public  square,  public  walk  or  commons,  sliall 
pay  the  fine  hereinafter  stipulated. 

Art.  1355.  It  shall  not  be  lawful  for  any  person  or  Drums  horns, 
persons   to   beat  a   drum    or   blow   a  horn,  or  sound  a  ^**^-  j^^ 

trumpet  in  any  street  or  public  place  within  the  limits 
of  the  city ;  provided,  that  such  provision  shall  not  apply 
to  any  militia  or  other  procession,  or  to  those  cases  in 
which  auctioneers  are  permitted  to  beat  drums. 

Art.  1356.  It  is  unlawful  to  use  indecent  or  vulgar  indecent  lan- 
language  in  any  street,  cemetery,  public  square  or  levee,  fes'^^e^t'c  °"'^*°" 
or  other  public  place,  or  to  commit  any  nuisance  ^^g^*  ^°*  ^'*'' 
offensive  to  public  decency,  in  any  public  place.  o^^no.^36^, 

Art.  1357.  Or  for  any  person  living  in,  or  occupying  ^- ^-  jj^ 

any  premises,  or  part  of  any  premises,  in  the  city  of  New 
Orleans,  to  use,  or  wilfully  permit,  or  knowingly  allow, 
any  other  person  of  his  or  her  family,  or  under  his  or  her 
control,  or  direction,  to  use  or  utter,  on  such  premises, 
any  indecent,  obscene,  vulgar  or  insulting  language  or 
any  language  tending  to  provoke  assault,  or  to  insult  any 
person,  or  to  wilfully  make  or  permit,  or  to  allow  to  be 
wilfully  made  any  unusual,  uncalled  for  and  unwar- 
ranted sound,  violent  or  continuous  noise,  shout- 
ing, screaming,  or  other  noise  or  noises  of  any 
kind,  to  wilfully  disturb,  or  wilfully  permit  to  be  dis-  ^Disturbances, 
turbed,  the  peace  and  quiet  of  the  vicinity,  or  to  wilfully  ^^• 

disturb  or  permit  the  disturbance  of  any  other  person 
or  persons,  the  occupants  or  residents  in  any  premises 
in  the  vicinity  and  neighborhood,  in  the  peaceable  en- 
joyment of  their  homes  or  other  premises,  by  reason  of 
any  such  unlawful  wilful  acts,  conduct  or  disturbance. 


548  OFFENCES,  MISDEMEANORS   AND   NUISANCES. 

Charivaris,     ^^'^-  ^^^^^   (^)  ^*  ^^  unlawful  to  abuse,  provoke  or 

^'*=-  disturb   any  person   to   make   charivari,    or  to   appear 

masked  or  disguised  in  the  streets  or  any  public  place. 

Throwing  of     ^^^-  ^^^^-  (1^)  No  pcrsou  ou  Mardi  Gras  or  at  any 

flour,  etc.         other  time  shall  throw  flour  or  any  other  substance  on 

any  person  passing  along  the  street  or  any  public  place. 

i^fjll^^^f;""^;     Art.  1360.  (11)  No  person  shall  make  a  violent  noise 

*=**=•  jj^  or  create  disturbance  or  offence  against  public  peace  by 

intoxication  or  otherwise. 
ordlNo'.'A  25      ^^^-  l^^l-  "^^^t  whoever  shall  violate  the  provisions 
^'dcc  2   i8qo  ^^  ^^^^  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars  or  imprisoned   in  the   parish   prison 
for  a  term  not  to  exceed  thirty  days,   or  both,   or  im- 
prisoned in  the  said  parish  prison  for  a  term  not  to  ex- 
ceed thirty  days  in  default  of  payment  of  the  fine,  to  be 
imposed  by  the  Recorder  of  the  district  wherein   the 
offence  is  committed;  provided,  that  the  fine  shall   not 
exceed  twenty-five  dollars  for  each  offence  nor  the   im- 
prisonment more  than  thirty  days. 
Committing     Art.  1362.  (16)  No  persou  shall  commit  a  nuisance 

nuisances.  . 

ord.  No.  6022,  in  any  public  street,  square  or  other  place  whereby  the 

purity  of  the  atmosphere  is  liable  to  suffer. 
Penalty.  Penalty,  a  fine  not  exceeding  twenty-five   dollars    or 

'imprisonment  not  exceeding  thirty  days. 

PROTECTION   OF   POLICE. 
Cursing     the 

^ord?No.4782,     Art.  1363.  That  it  shall  be  unlawful  and  shall  be 

^'oct.  7, 1800.    considered   a    breach   of    the    peace   for    any    person 

wantonly  to  curse  or  revile,  or  to  use  obscene  or  oppro- 

bious  language  toward  or  with  reference  to  any  member 

of  the  New  Orleans  City  Police  while  in  the  actual  per- 

Rescuing  or  formaucc  of  his  duty. 

reVcTp^ris'Jfnlr     ^RT.  1364.  (2)  That  it  shall  be  unlawful  and  shall 

p"oiice.^*°^^  °^be  considered  a  breach  of  the  peace  for  any  person  to 

i^-  rescue  or  attempt  to  rescue  any  prisoner  in  the  custody 

of  any  officer  or  officers  of  the  New  Orleans  City  Police ; 

and  that  a  person  shall  be  considered  a  prisoner  and  as 

within   the   custody  of  any  officer  within  the   terms   of 

this  ordinance  from  the  moment  that  the  officer  has  laid 

his  hands  on  him  with  the  intention  of  arresting  him. 


OFFENCES,  MISDEMEANORS   AND   NUISANCES.  549 

Art.    1365.    (3)    That    it    shall    be    unlawful     aud  ^j^^i^^^^tinf  ^«^. 
it    shall    be    considered    a   breach    of   the    peace    for'^^st-  ^^ 

any  person,  by  action  or  by  words,  to  incite 
any  prisoner  in  the  hands  of  any  officer  of  the  New 
Orleans  City  Police  to  resist  arrest  or  confinement  or  to 
encourage  or  aid  him  in  such  resistance. 

Art.  1366.  (4)  That  it  shall  be  unlawful  and  shall  be      obstrucing 
considered  a  breach  of  the  peace  for  any  person  wilfully  with  officer. 
to  obstruct,  hinder  or  unlawfully  to  interfere  with  any 
member  of  the  New   Orleans   City  Police  while   in  the 
performance  of  his  duty. 

Art,  1367.  (5)  That  it  shall  be  unlawful  for  any  per-      Unlawful  to 

,.,,,  ,  .„  .wear      police 

son  not  authorized  by  law  to  wear  the  uniform  and  m-  uniform, 
signia,  or  any  portion  thereof,  of  the  New  Orleans  City 
Police,  or  to  undertake  to  act,  or  to  represent  himself  as 
a  member  of  the  New  Orleans  City  Police,  or  to  rep- 
resent himself  as  a  police  officer,  or  to  attempt  to  per- 
form the  duties  of  a  police  officer,  or  to  make  an  arrest 
as  a  police  officer. 

Art.  1368.  (6)  That  any  person  violating  the  provisions  Penalty, 
of  this  ordinance  shall  be  subject  to  a  fine  not  exceeding 
twenty-five  dollars,  or  imprisonment  in  the  parish  prison 
for  a  period  not  exceeding  thirty  days,  or  both,  at  the 
discretion  of  the  Recorder  of  the  district  in  which  the 
offence  is  committed,  and  in  the  event  the  fine  imposed 
shall  not  be  paid  the  Recorder  may  sentence  the  offender 
to  an  additional  term  not  exceeding  thirty  days  in  the 
parish  prison. 

Art.  1369.  (7)  That  Ordinances  Nos.  6609,  A.  S.,  and  O'^^- no- 66oo, 

^     ^  '  '  A.  S.  and  3488, 

3988,  C.  S.,  on  the  same  subject  matter  as  this  ordinance,  c.  s.,  repealed, 
be  repealed. 


persons  resist  arrest  and  damage  or  destroy  the  uniform  fo-'^s ' 


I 


Art.  1370.     That  in  all  cases  wherein  any  person  or ,  Damaging  or 

•^    "^  destroying  uni- 

forms     of     of- 
ficers. 

of  the  police  officer  or  officers  making  said  arrest,  it  O'd-  No.  4834, 


offence  is  committed  to  impose  a  fine  of  an  amount  suffi- 
cient to  pay  for  the  damage  done  or  to  sentence  the 
person  or  persons  thus  convicted  in  default  of  payment    Penalty. 
of  said  fine  to  suffer  imprisonment  for  thirty  days,  and 
that  all  fines  so  imposed,  when  paid,  shall  be  turned 


550  OFFENCES,  MISDEMEANORS  AND  NUISANCES. 

over  to  the  Board  of  Police  Commissioners  by  said 
Recorder  against  the  receipt  of  the  secretary-treasurer 
of  said  board. 

ORGAN   GRINDERS. 

o^rNo  6677      ■^^^-  ^^^^  (^)  "^^^^  ^^^^  ^^^  ^^^^^  ^^^^  ^^^^   organ 
^bct  i8cx3       grinders  shall  not  pursue  their  vocation  on  the  public 
streets  or  sidewalks  before  9  o'clock  a.  m.,  or  after  10 
o'clock  p.  M. 

Ord.  No.  4956, 

^•t^'     ^   o     of  this  ordinance  shall  be  subiect  to  a  fine  not  to  exceed 

Dec.  16,  1890.  '' 

twenty-five  dollars  or  imprisonment  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  im- 
prisonment in  the  said  parish  prison  for  a  term  not  to 
exceed  thirty  days  in  default  of  payment  of  the  fine  to 
be  imposed  by  the  Recorder  of  the  district  wherein  the 
offence  is  committed ;  provided,  that  the  fine  shall  not 
exceed  twenty -five  dollars  for  each  offence  nor  the  im- 
prisonment more  than  thirty  days. 

INDECENT  EXPOSURE. 

Exposure  of     Art.  1373.  That  it  shall  be  unlawful  for   any  person 

person.  •'       '■ 

ord.No.  5504,  or  persons,  upon  any  banquette  or   street,  within   any 

Aug.  4, 1891;  cemetery,  public  square,  park,  open  lot  or  other  place  of 
public  resort  within  the  city  limits,  to  make  any  indecent 
exposure  of  person,  or  commit,  by  words  or  actions,  any 
offence  against  the  rules  of  public  decency. 

Rep  ea  1  e  d  Art.  1374.  That  all  ordinances  or  parts  of  ordinances 
lb.  bearing  upon  the  subject  matter  of  this  ordinance  be  and 
the  same  are  hereby  repealed. 

Penalty.  Art.  1375.  That  whoever  shall  violate  the  provisions 

*  of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
oned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed;  provided,  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence  nor  the  imprison- 
ment more  than  thirty  days. 


OFFENCES,  MISDEMEANORS   AND    NUISANCES.  551 

Art.  1376.  (1)  That  any  person  who  shall  strip  naked  p  Exposure  of 
for  bathing,  or  show  himself  naked  or  in  any  indecent  ^"^<^- ^°- 4oss. 
apparel,  or  shall  bathe  dnring  daylight  in  the  river  Mis- 
sissippi, or  in  either  of  the  basins,  canals  or  lake,  or 
anywhere  public  within  the  limits  of  the  city,  shall  be 
arrested  and  fined  or  imprisoned  as  hereinafter  described. 

Art.  1377.  (2)  That  any   person  violating  any  pro-    Penalty.    ^^ 
vision  of  this  ordinance  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  twenty-five  dollars,  and  if  the  fine 
be  not  paid   he  shall   be   imprisoned  for  a  term  not  ex- 
ceeding ten  days. 

OBSCENE   literature. 

Art.  1378.  That  from  and   after  the  passage  of  this  Exposure,  ^cjr- 
ordinance  it  shall  not  be  lawful  for  anv  person   or  per-    °  '    obscene 

"      r  f  papers,  prints 

sons  to  expose,  circulate,  offer  for  sale,  sell  or  distribute  ^t^-  ^^^ 
or  give  away,  or  to  paint,  draw,  print,  write,  make  or  c.^s,  ^ 
cause  to  be  printed,  drawn,  painted,  written  or  made, 
for  the  purpose  of  exposing,  circulating  or  offering  for 
sale,  selling,  distributing  or  giving  away  within  the 
limits  of  the  city  of  New  Orleans,  any  obscene,  scan- 
dalous or  libelous  boak,  print,  newspaper,  pamphlet, 
circular,  or  periodical  caricature,  picture,  drawing, 
statue  or  other  object  whatever,  of  any  immoral  or 
scandalous  nature,  or  calculated  to  excite  scandal,  im- 
morality or  disturbance  of  the  public  peace  or  tran- 
quility. 

Art.  1379.  That  any  person  or  persons  violating  the  Penalty. 
provisions  of  this  ordinance  shall,  upon  conviction  there- 
of, be  subject  to  a  fine  of  not  more  than  $25,  col- 
lectible before  the  Recorder  of  the  district  in  which  the 
offence  was  committed,  and  in  default  of  payment 
thereof  to  imprisonment  in  the  parish  prison  for  a  term 
not  exceeding  thirty  days. 

Art.  1380.  That  all  previous  ordinances,  or  parts  of  ^i^^^^^.''^^**'' 
ordinances,  on  the  same  subject  matter  be  and  the  same 
are  hereby  repealed. 


552  OFFENCES,  MISDEMEANORS  AND   NUISANCES. 


PUBLIC   PROPERTY. 

Defflcingcity     Art.  1381.   (4)  No  person  shall  break,  deface or  Carry 

tombs,   monu-  away  any  board  or  plate  indicating  the  name  of  a  street 

Ord.  No.'awi.or  the  number  of  a  house,  or  deface,  cut,  or  in  any  way 

bee.  1856.      wantonly  injure  any  monument,  public  building  or  any 

other  object  destined  for  public  utility  or  decoration,  or 

cut,  damage  or  destroy  any  post,  sidewalk,  or  other  work 

belonging  to  the  city,  or  cut  or  destroy  or  damage  the 

tombs,  or  fences,  or  trees  or  shrubbery  of  any  cemetery. 

SLOPS. 

House  hotel     Art.  1382.  (1)  That  it  shall  be  unlawful  for  the  oc- 

orboarding  ^     ^ 

house.         ^    cupants  of  any  house,  hotel  or  boarding  house  in  the 

c-gS.  '  city  to  empty  or  cause  to  be  emptied  from  their  galleries, 

or  from  any  part  of  the  building,  into  the  street,  water 

or  other  refuse  matter,  under  a  penalty  of  twenty-five 

dollars,  and  in  default  of  payment  be  imprisoned  not 

exceeding  thirty  days. 

Unlawful  to     Art.  1383.  (1)  That  it  shall  be  unlawful  for  any  per- 

stre°eT.   '"      ^  SOU  to  throw  iuto  any  street  or  canal,  within  the  limits 

c.  s.'    °'     *'of   the  city,  any  slops,  or  any  animal,  vegetable,  fruit, 

^"  '  ■'   ^' scrap,   refuse,    trash,  paper,  wood,  tin,  iron,    garbage, 

manure,  dirt,  offal,  ashes  or  debris. 

Penalty.  Art.  1384.  (2)  That  any  person  violating  the  provi- 

■  sion  of  this  ordinance  shall  be  punished  by  a  fine  not 

less  than  ten  nor  more  than  twenty-five  dollars,  one-half 

of  said  fine,  when  collected,  to  go  to  the  informer,  or 

in  default  of  the  payment  of   said  fine  by  imprisonment 

not  exceeding  thirty  days. 

BURNING   BRUSH. 

Burning  of     Art.  1385.  That  the  burning  of  brush,  grass  or  other 
Ord.'No.  3310,  materials  within  the  corporate  limits  of  the  city  of  New 
Orleans,  between  the  hours  of  5  p.  m.  and  5  a.  m.,  be 
and  the  same  is  hereby  prohibited. 
Penalty  Art.  1386.  Each  pcrsou  violating  this  Ordinance  shall, 

for  each  offence,  be  subject  to  arrest  and  to  a  fine  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars, 
collectible  by  the  Police  Justice  of  the  district  in  which 
the  offence  was  committed. 


OFFENCES,  MISDEMEANORS   AND  NUISANCES.  553 


LOTTERIES. 

Art.  1387.   (1)  That   it   shall   be   unlawful    for   any    unlawful 
person  or  persons  to  sell,  barter,  exchange  or  otherwise  tickets, 
dispose  of  any  lottery  ticket  or  token,  policy,  combina- c.  s*! 
tion,  device  or  certificate,  or  fractional  part  thereof ,  in 
any  lottery  drawn  or  to  be  drawn  in  or  out  of  the  city  of 
New  Orleans,  unless  the  same  be  duly  authorized  by  the 
laws  of  the  State  of  Louisiana. 

Art.  1388.  (2)  That  any  person  or  persons  violating  Amended  by 
the  provisions  of  this  ordinance  shall,  upon  conviction  c  s'. 
before  the  Recorder  within  whose  jurisdiction  the 
ofilence  was  committed,  be  condemned  by  said  Recorder 
to  pay  a  fine  of  twenty-five  dollars  for  each  offence,  and 
in  default  of  payment  to  imprisonment  for  not  less  than 
twenty  nor  more  than  thirty  days. 


whistles. 
Art.  1389.     „ ,.  , 

"  "  whistles. 

motives  and  dummies  on   the   following   named  streets  0|d.  No.  5883^ 
and  avenues  is  declared  a  nuisance  and   is   hereby  pro-    Dec  s,  189U 
hibited  during  the  hours  between  7  o'clock  a.  m.  and  7 
o'clock    p.    m.,    viz.:  On   the    following    streets:    !St. 
Charles  avenue,  between  Lee  Circle  and  the  upper  lim-     ,,   . 

Limits   pro- 
its  of  Carrollton ;  on  Canal  street,  between  Clay  statue  hibited  in. 

and  the  New  Canal,  and  from  thence  north  to  the  north- 
ern limits  of  Greenwood  Cemetery,  and  on  Bienville 
street,  between  Basin  street  and  Hagan  avenue,  and  on 
Basin  street  from  Common  to  Conti,  and  on  Elysian 
Fields  street  from  Decatur  to  Claiborne  streets,  and 
on  St.  Claude  street  from  Klysian  Fields  to  Louisa 
streets. 

Art.  1390.  The   penalty  for  each  violation  of  this  or-    Penalty, 
dinance  shall  be  a  fine  of  twenty-five  dollars,  to  be  paidc.  s."    °'  '^'^^' 
by  the  company   or   individuals   owning  the   whistling     "^^''' 
locomotive  or  dummy,  and  recoverable  before  any  of  the 
city  courts  of  the  parish  of  Orleans ;    and  further,  the 
driver,  engineer  or  person  in  charge  of  said  locomotive 
or  dummy  shall  be  liable  for  each   offence  to  a  fine  of 


554  OFFENCES,  MISDEMEANORS  AND  NUISANCES. 

twenty -five  dollars,  or   to  imprisonment  for  thirty  days 

b}"-  the  Recorder  of  the  district  wherein  the  offence  was 

committed. 

cil^.se^^''^'''^     Art.  1391.    All  ordinances  or  parts  of  ordinances  in 

^^- conflict  herewith  are  hereby  amended  and  appealed. 

Blowing   of     Art.  1392.  That  it  shall  be  unlawful  to  blow  steam 

steam    whistles 

unlawful  be  whistles  other  than  those  on  steamboats  actually  navi- 

Iween      ceriam  _  >> 

^^""^-iwT  ejatinff  the  river,  between  the  hours"  of  nine  (9)  o'clock 

Ord.  No.  3974,  =>  =>  '  v     / 

c-.s.  p.   M.   and  half -past  six  (6:30)  o'clock  a.   m..     Under 

bept.  3,  1SS9.  ^  ^  -' 

Amended  by  penalty   of   a  fine  not   exceeding  ten   dollars,    and   in 

Ord.   No,  4344,  '^  "^  07 

c.  s.  default  thereof,  imprisonment  for  not  more   than   ten 

days,  and  the  Chief  of  Police  be  required  to  enforce  this 
ordinance. 

Proviso.  Provided,  That  nothing  herein  shall  be  construed  as 

applying  to  locomotives  attached  to  steam  trains  in 
motion,  or  to  cases  covered  by  the  State  or  United  States 
statutes. 

TRESPASS. 

anTIhe?'s^\nds     Art.  1393.  That  whocvcr  s hall  take  posscssiou  of  any 
°o?d°No.%2S  ^^^^^  of  land,  or  any  part  thereof,  where  property  lines 
^Nov  2r  1803  ^^^  defined,  or  where  public  notice  of  same  is  posted, 
or    where    said    lands   are   in  charge  of  a    keeper   or 
any    part    or   portion     of     any    house     or    tenement, 
either  for  hunting,  fishing  or  any  other  purpose,  without 
the  permission   of  the  owner  or  owners  of  the  lands  or 
grounds  of  property  invaded,  shall  be  guilty  of  a  tres- 
pass, and  shall,  upon  conviction  before  the  Recorder  of 
Penalty.        ^j^g  district  iu  whicli  the  offence  was  committed,  be  fined 
not    less  than  five  dollars  nor  more  than  twenty-five 
dollars,  or  imprisonment  for  not  less  than  ten  nor  more 
than  thirty  days. 

MALICIOUS   MISCHIEF. 

Injuring,     Art.  1394.  That  any  person  or  persons  who  shall  ma- 

erty,  public  or  liciously  Or  wilfully  dcstroy,   injure,  deface,  break   or 

''ord.No.  4798,  tamper  with,  with  malicious  intent  to   destroy,  injure, 

Oct.  2S,  1890.  deface  or  break,  any  property   or  properties,  public   or 

private,  situated  in  any  building,  or  attached  thereto,  or 

on  the  street,  banquette,  alleyway,  or  any  public  square 


OFFENCES,  MISDEMEANORS   AND   NUISANCES.  555 

or  place,  or  cemeteries,  shall  be  subject  to  arrest  and  a 
fine  of  not  more  than  twenty-five  ($25)  dollars,  or  in 
default  of  payment  of  fine  thirty  days'  imprisonment  in 
the  parish  prison,  to  be  imposed  by  the  Recorder  in 
whose  district  the  offence  was  committed. 

Art.  1395.(2)  That  all  laws  or  parts  of  laws  in   con-    Repealing 

clause. 

flict  herewith  be  and  the  same  are  hereby  repealed.  ib. 

VACANT   HOUSES. 

Art.  1396.  That  for  the  protection  of  the  surround- y^^j^jj^j^^^ggg 
ing  property  and  the  prevention  of  what  might  thereby  *^^^-  ^"'gs!)^^ 
become  a  public  danger  it  shall  be  compulsory  upon  the 
owners  or  agents  of  all  vacant  houses  to  keep  the  doors 
and  other  entrances  of  such  vacant  houses  so  closed  as 
to  prevent  the  ingress  therein  by  tramps  or  individuals 
not  regularly  occupying  the  same. 

Art.  1397.  (2)  That  it  shall  be  the  duty  of  the  police  D"ty  of  PoUce. 
to  report  daily  all  vacant  houses  with  entrances  left  open 
to  the  Maj^or  through  the  Chief  of  Police. 

Art.  1398.  (8)  That  upon  due  notification  sent  to  the  Failure  to  com- 
owners  or  agents  of  vacant  property  by  the  Mayor,   or-    fice.^' 
dering  such  owners  or  agents  to  comply  with  the  pro- 
visions of  this  ordinance,  and  their  failure  to  obey  the 
same   within  the  time  stated  in  said  notice,  affidavits 
shall  be  made  against  the  said  owners  or  agents   before 
the  Recorder  of  the  district  in  which  the  offence  is  com- 
mitted, and  the  party  or  parties  so  offending  shall   be    Penalty, 
subjected  to  a  tine  of  not  more  than  twenty-five  dollars, 
and  in  the  event  of  its  non-payment  to   imprisonment 
for  a  period  not  exceeding  thirty  days. 

SMOKE   CONSUMERS. 

Art.  1399.  That    no    person    or    persons    shall    use    Smoke    con- 
bituminous  coal  for  the  purpose  of  generating  steam  in  Ord.  No.  9568, 
boilers  in  any  building  unless  the  furnace  in  which  said    Aug.  28,  1894. 
coal  is  burned  is  provided  with  some  effectual  device  for 
consuming  its  own  smoke. 

Art.  1400.  That  any  violation  of    the  provisions  of    Penalty, 
this  ordinance,  and  every  person  or  firm,  whether  owner, 
occupant,  tenant   or   contractor,  who  shall   violate   the 


556  OFFENCES,  MISDEMEANORS   AND   NUISANCES. 

provisions  of  this  ordinance,  shall  be  liable  to  a  penalty 
of  not  less  than  five  dollars  nor  more  than  twenty-five 
dollars,  recoverable  before  any  court  of  competent 
jurisdiction,  and  also  a  further  fine  of  twenty-five  dollars 
for  each  and  every  month  he,  she  or  they  shall  refuse  or 
neglect  to  comply  with  a  written  notice  from  the  Com- 
missioner of  Police  and  Public  Buildings,  and  in  default 
of  payment  of  said  fine  to  be  imprisoned  not  less  than 
ten  days  and  not  more  than  thirty  days  for  each  offence 

EXCAVATING   STREETS,  ETC. 

te^'nLl'up      Art.  1401.  (1)  That   it   shall   be   unlawful   for  any 
^*ord!"No  621  company,  corporation,   contractor,  person  or  persons  to 
^Mar.  i8  i8S|.  ^^^  ^^  break  open,  or  keep  obstructed,  any  streets  for  a 
o^™No^  68^2^  ^^^^^^^^'^'^     distance    greater    than     three    blocks    or 
^btt  II  i8o2  squares,  at  any  time,   excepting  during  the  time  of  the 
building  of  street  railways. 
Penalty.    ^^      ^rt   ^402.   (2)  That  for   any   violation  of   this  ordi- 
nance  it   shall   be   punishable   by  a  fine  of  twenty-five 
dollars  per  day  for  every  day  said  violation  exists ;  that 
.  all  other  ordinances  relative  to  the  subject  matter  here, 
and  especially  Ordinance  No.  7289,  A.  S.,  are  expressly 
retained  in  force,  except  in  so  far  as  they  may  conflict 
herewith,  and  to  that  extent  be   and   they   are  hereby 
abolished, 
str^lts^etc^     Art.  1403.  That  any  person  or  persons  who  shall  dig 
without  per- jjQigg  in  the  streets,  public    roads  or  sidewalks  and  use 

mission.  '    t^ 

^Ord.  No.  4507,  ^jjg  earth  for  private  purposes,  or  cut  them  in  any  man- 
May  13,  isgo.  j^gj.^  except  for  planting  trees   or   laying  pipes,    or  con- 
structing drains  or  culverts,    without  the  permission  of 
the  City  Council,  shall  be  subject  to  a  fine  not  exceeding 
Penalty         ^^'^'  ^^  ^^  imposcd   by  the   Recorder  of  the    district  in 
which  the  offence  is  committed,    and  in  default  of  pay- 
ment of  the  fine  to  imprisonment  in  the  parish  prison 
for  a  term  not  exceeding  thirty  days. 
s?pl7Jt\t-     Art.  1404.  That  for  every  day  anyone  shall  fail  to 
*^°''^"         lb.  restore  the  street,  road  or  banquette  to  its  former  con- 
dition after  written  notice   from   the  Commissioner   of 
Public  Works,  shall  constitute  a  separate   offence  under 
this  ordinance. 


OFFENCES,  MISDEMEANORS  AND   NUISANCES.  557 


ADVERTISEMENTS . 


Art.  1405.   (1)  That  it  shall  be  unlawful  for  any  per-  Posting,  paint 
son  or  persons  to  post   or  paint   advertisements  of   any  o"f;  no.  745, 
kind  whatsoever  on  any  of  the   streets  or   curbings,   or  ^Amended  by 
the  gutters,  flaggings,   gutter-stones,   telegraph  posts.  Si"!".  ^°"  ^'^^^' 
wooden  or  iron  railings,  of  any  of  the  public  buildings, 
or  cause  to  have  distributed  on  the  public  streets,  ban- 
quettes, public  markets  or  highways,  dodgers,  or   hand 
advertisements,  whether  of  a  theatrical  nature  or  other- 
wise ;  provided,  however,  that  nothing  in  this  ordinance 
shall  interfere  with  or  prevent  the  distribution  of   invi- 
tation cards  to  religious  meetings. 

Art.  1406.  That  whoever  shall  violate  the  provisions    Penalty, 
of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed  c°|^*  ^°'  ^'^' 
twenty-five  dollars  or  imprisoned  in  the  parish  prison    ^^^'  3'  '891- 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
oned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed ;   provided,  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence   nor  the  imprison- 
ment more  than  thirty  days. 

Art.  1407.  That  Ordinance  No.  4923,  C.   S.,  on  the Per'"ission  of 

'  tlie  Mayor. 

same  subject  matter,  be  and  the  same  is  hereby  repealed,   o^^.  No.  4228, 

Art.  1408.  That  it  shall  be  unlawful  for  any  person  Jan,  8,1890. 
to  post  or  paint  advertisements  on  any  private  wall  or 
fence,  or  upon  the  curbstones,  flagging,  gutter-stones, 
gateways,  telegraph  posts,  fire-plugs,  wooden  or  iron 
railings  of  the  public  grounds  or  buildings,  of  the  an- 
nouncement for  sale  of  any  description  of  drugs,  mer- 
chandise, or  of  the  nature  or  treatment  of  disease,  of 
any  public  amusement  or  lottery,  or  of  the  notice  of 
any  general  public  character,  without  the  previous 
written  permission  of  the  Mayor  for  a  time  to  be  therein 
specified. 

Art.  1409.  That  any  person  violating  this  ordinance    Penalty, 
shall  be  liable  to  a  fine  not  exceeding  twenty-five  dollars, 
to  be  imposed  by  the  Recorder  of  the  district  in  which 
the  offence  shall  be  committed,  and  in  default  of  pay- 


558  OFFENCES,  MISDEMEANORS   AND   NUISANCES. 

ment   of   the   fine   to   imprisonment   for   a   period   not 
exceeding  thirty  days. 

Art.  1410.  That    Ordinance    91,   N.    S.,    relative  to 
painting  or  posting  advertisements,  be  repealed. 

GAMBLING. 

Gambling  on     Art.  1411.  (1)  That  from  and  after  the   passage  of 

ord.  No.  731,  this  resolution  a  fine  of  ten  dollars '  shall  be  imposed 

May  27, 1884.  upon  anyone  found  gambling  on  the    public  streets, 

eithar  with  dice,  cards  or  other  means,  said  fine  to  be 

paid  upon  conviction  to  the  Recorder  of  the  district  in 

which  the  arrest  is  made,  and  in  the  event  of  failure  to 

Penalty.  •  ^     r. 

pay  said  fine  imprisonment  for  a  period  of  not  more 
than  thirty  days  in  the  parish  prison,  and  the  officer  who 
permits  said  practice  in  his  district  shall,  upon  convic- 
tion, be  expelled  from  the  force.  That  all  laws  in  con- 
flict herewith  are  hereby  repealed. 
Penalty  for  Art.  1412.  That  from  and  after  the  passage  of  this 
BankinggamesI  ordinance  a  fine  of  not  more  than  twenty-five  dollars, 

or  banking    or  -.    ,        ^     „       .  ^  n  ' 

gambling  and  m  default  of  payment  of  the  fine,  imprisonment  in 
o"d.  No.  4034,  parish  prison  for  a  term  not  exceeding  thirty  days,  shall 
bc't.  29. 18S9.  be  imposed  by  the  Recorder  of  the  district  wherein  the 
offence  is  committed,  upon  any  one  gambling  in  the  city 
of  New  Orleans,  either  with  dice,  cards  or  other  means  ; 
or  upon  any  one  keeping  a  banking  game,  or  gambling 
house,  or  aiding  or  assisting  in  keeping  the  same. 

SWINGING  SIGNS. 

Signs  or  ad-     Art.  1413.  (1)  That  tlic  date  at  whlch  this  Ordinance 
bolrds.  *  ® ' "  ^  shall  have  been  adopted  and  approved  it  shall  be  unlaw- 
c.  s.'     °"  ^^^' ful  f or  any  person,  firm,  owner,  occupant  or  agent  of 
June  10, 1   4Q^jjgj.  Q^  g^jjy  g^Qj.g  Qj.  dwelling  to  erect  suspend,  place, 
keep,  or  caused  to  be  suspended  any  sign-board,   sign- 
plate  or  advertising  board,  of  wood,  metal  or  other  ma- 
terial, so  as  the  same  may  in  any  way  hang,  suspend  or 
swing  over  any  sidewalk  or  street  within  the  city  limits. 
Swinging  or      Art.  1414.   (2)  That  ou  and  after  the  date  of  approval 
anging  signs.  ^^  ^^^^  ordiuaucc  it  shall  be   unlawful  to  keep  or  main- 
tain any  swinging  or  hanging  sign,  or  other  sign,  sign- 
board or  sign-plate,  extending  over  any  portion  of  any 


OFFENCES,  MISDEMEANORS  AND   NUISANCES.  559 

sidewalk  or  street,  and  every  owner,  agent,  lessee  or  oc- 
cupant of  any  house,  dwelling  establishment  or  store, 
where  or  in  front  of  which  such    sign  exists,  shall  re- 
move, or  cause  the  same  to  be  removed,  immediately  on 
the  approval  of  this  ordinance. 
See  Building  Ordinance. 
Art.  1415.  That  whoever  shall  violate  the  provisions    Penalty. 
of  this  ordinance  shall  be  subjected  to  a  fine  not  to  ex-  c.  s.'    °"  '^'*' 
ceed  twenty-five   dollars   or  imprisoned  in  the    parish       '''=•''' 
prison  for  a  term  not  to  exceed  thirty  days,  or  both,  or 
imprisoned  in  the  said  parish  prison  for  a  term  not  to 
exceed  thirty  days  in  default  of  the  payment  of  the  fine, 
to  be  imposed  by  the   Recorder  of  the  district  wherein 
the  offence  is  committed  ;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence  nor  the  im- 
prisonment more  than  thirty  days. 

SMOKING. 

Art.  1416.  (1)  That  no  person  shall  smoke  any  pipe,    Prohibitedon 
cigar   or   cigarette   or   tobacco   ignited   in  any  way  by '  oXno.  5776, 
fire,  upon  the  wharves -set  apart  for  the  loading  or  un-*^'Nov.  17,1891. 
loading  of  vessels  of  any  description,  whose  business  is 
to  transport  cotton,  oil  or  other  inflammable  merchan- 
dise ;  or  any  float,  dray  or  vehicle  of  any  kind  used  in  con- 
veying cotton,  tvhen  so  loaded  with  bales  or  crates  of  cotton 
to  and  from  the  wharves,  presses  or  railroad  depots;  the 
same  prohibition   shall   extend   to  railroad  depots  and 
yards  where  cotton  and  other  inflammable  merchandise    • 
is  stored  temporarily  or  permanently. 

Art.  1417.  (2)  That  it  shall  be  unlawful  for  any  per-       Hold  or 
son  to  smoke  or  use  matches  in  any  way  in  the  hold  of .  ei^^ 
vessels  of  any  description,  or  on  the  decks  of  same  dur-  c°^^'  ^°'  '°^^' 
ing  the  time  said  vessels  may  be  taking  in  or  unloading    °^*^"  ^°'  ^^'^' 
cargoes  of  the  above  described  inflammable  articles,  and 
until  the  loading  of  the  same  shall  be  completed  for  the  « 
time  being,  and  hatches  closed  and  decks  cleared  up. 

Art.  1418.  (3)  That  there  may  be  prepared  and  stuck    sign  boards. 
up  in  conspicuous  places   upon  the   wharves   and   other 
places  used   for  the   above   described   purposes,    sign- 


560  OFFENCES,  MISDEMEANORS   AND   NUISANCES. 

boards  or  notices  to  the  effect  that  "No  smoking  allowed 
here  under  penalty  of  the  law,"  and  it  shall  be  unlawful 
for  any  person  to  remove  same  under  the  penalty  as  set 
forth  in  section  4  of  this  ordinance ;  provided,  the  cost 
of  such  sign  boards  is  not  at  the  expense  of  the  city. 
Cotton  presses     Art.  1419.  That  from  and  after  the  promulgation  of 

or  railroad  .         ,      t,    -,  ^         n    ^     p 

platforms.        this  Ordinance,  it  shall  be  unlawful  for  any  person  to 
c.  s,     °'  ^^'"  smoke  in  any  cotton  press  or  warehouse  where  cotton  is 
"'^    '  '      stored,  or  in  the  offices  of  presses  or  warehouses  within 
the  city  of  New  Orleans,  under  penalty  of  not  less  than 
twenty-five  dollars,  and  in  default  of   payment,  to  im- 
prisonment for  not  less  than  three  nor  more  than  thirty 
days. 
Penalty.  Art.  1420.  That  whoever  shall  violate  the  provisions 

c.  s."  ' *  'of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars  or  imprisonment  in  the  parish  prison 
for  a  term  not  exceeding  thirty  days,  or  both,  or  im- 
prisoned in  the  said  parish  prison  for  a  term  not  to  ex- 
ceed thirty  days  in  default  of  payment  of  the  fine,  to  be 
imposed  by  the  Recorder  of  the  district  wherein  the  of- 
fence is  committed ;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence,  nor  the  im- 
prisonment more  than  thirty  days,  one-half  of  said 
fine  going  to  informer  or  prosecutor. 
Jurisdiction.     Art.  1421.   (5)  That  the  Recorders  of  the  municipal 

Ord.  No.  1063,  ^     ^  .  ,1 

c-  s.  courts  shall  have  jurisdiction  to  hear  and  entertain  all 

violations  of  this  ordinance  occurring  in  their  respective 
jurisdictions. 
Repealing     Art.  1422.  (6)  That  all  ordinances,  or  parts  of  or- 

clause.  ^  ■  . 

lb.  dinances,  in  conflict  with  the  provisions  of  this  ordinance 
are  hereby  repealed,  and  that  this  ordinance  shall  take 
effect  from  and  after  its  passage. 
Cabins  of     Art.  1423.  That  it  is  hereby  made  unlawful  for   any 

ferryboats.  *^ 

Ord.  No.  5565,  person  or  persons  to  smoke  any  cigar,  pipe  or  cigarette 

Sept.  1, 1891.  in   the  cabin    of  any   ferryboat  within  the    city  limits 

■  whenever   such  cabin   shall   contain  a  sign  prohibiting 

smoking  in  same. 

Penalty.  Art.  1424.  That  any  one  violating' the  provisions  of 

'  this  ordinance  shall  be  subject  to  a  fine  not  exceeding 

twenty-five  dollars,  or,  in  default  of  payment,  to  impris- 


OFFENCES,  MISDEMEANORS   AND   NUISANCES.  561 

onment  for  not  more  than  thirty  days,  at  the  discretion 
of  the  Recorder  having  jurisdiction. 

Art.  1425.  That  from  and  after  the  promulgation  of  ca?^"'''"^   °" 
this  ordinance,  that  smoking  in  any  street  car,    of  this  J^^q'  ^"^  '^'^^' 
city,  except  on  the  two  rear  seats  of  open  cars,  where    A^m^ndid^by 
smoking  shall  be  permitted,  is  hereby  prohibited,  and  eft'. ^°' "'°^'' 
shall   hereafter  be    considered  as  a   misdemeanor,    and    J"iy3o,  j39s. 
any  one  so  offending,  or  any  driver  of  a  street  car  who 
permits  such  an  offence,  shall  be  fined  not  less  than  $5 
nor  more  than  $25,  or  imprisoned  not  le.ssthan  five  days 
or  not  more  than  thirty  days,   recoverable  by  the  Re-    Penalty, 
corder  of  the  district  in  which  the  offence  shall  be  com- 
mitted. 

Art.  1426.  That  one-half  of  any  money  thus  re-  Fine  to  be 
covered  shall  be  the  property  o-  the  party  giving  such  fo^rming"^*^  *''' 
information  and  testimony  to  the  Recorder  as  will  lead  ^^* 

to  the  conviction  of  the  offender. 

Art.  1427.  That  all  laws  or  parts  of  laws  in  conflict  Repealing 
with  the  above  be  and  the  same  are  hereby  repealed.  '       ib. 

peddlers. 
Art.  1428.  (1)  That  it  shall  be  unlawful  for  any  ped-^  Ringing  door 

^     ^  -^    *^  bells,  etc.,  pro- 

dler,  huckster  or  vendor  of  any  kind  of   merchandise  to  hibited. 

'  "^  Ord.  No.  1487, 

enter  without  permission  the  premises  of  any  citizen  or  c.  s. 
to  maliciously  or  wantonly  ring  door  bells,  knock  or 
annoy  by  boisterous  outcry  the  peace  and  quiet  of  a 
neighborhood,  and  any  violation  of  the  foregoing 
shall  subject  the  offender  to  a  fine  of  not  less  than  ten 
nor  more  than  twenty-five  dollars,  upon  conviction  by 
the  Recorder  of  the  district  in  which  the  offence  is  com-  Penalty, 
mitted,  and  in  default  of  payment  of  said  fine  to  im- 
prisonment of  not  less  than  fifteen  nor  more  than  thirty 
days. 

Art.  1429.  (2)  That  the  Chief  of  Police  shall  direct  Duty  of  PoUce. 
the  rigid  enforcement  of  this  resolution. 

Art.   1430.  (3)  That     all    ordinances    or     parts    of    Repealing 

.  _.       ,  clause. 

ordinances  in  conflict  herewith  are  hereby  repealed,  and  ib. 

that  this  resolution  shall  take  effect  from  and  after  its 
promulgation. 


562  OFFENCES,  MISDEMEANORS   ANO   NUISANCES. 

Repealing^ cer-     ^RT.  1431.  That    Ordinance    No.    4024,    C.    S.,    as 
Drd.No  5,56,^°*^°^®^  ^^  Ordinances  No.  4090,  C.   S.,  4489,  C.  S., 
c-s.  and  4891,  C.  S.,  be  and  is  hereby  repealed,  same  having 

been  declared  illegal  by  U.  S.  Court. 
Ord.  No.  4933,  C.  S.,  repealed  by  Ord.  No.  5181,  C.  S. 


Ord.  No  5156, 
Mar.  3,  1891 


DEFACING    POLES. 

Posters,  etc.  ^RT.  1482.  (1)  That  it  shall  be  unlawful  hereafter  to 
c.^'!''*  ^°' "^' paste  or  place  any  bills,   or  posters,   or  dodgers,  upon 

Jan.  4, 1884.  any  telegraph,  telephone  or  electric  lamp  post  or  pole, 
with  or  without  the  consent  of  the  owners  of  same ;  and 
any  person  or  persons  convicted,   before  any  Recorder 

Penalty.  having  jurisdiction,  of  contravention  of  this  ordinance, 
shall  be  fined  not  more  than  ten  dollars,  or  imprison- 
ment not  more  than  ten  days,  at  the  discretion  of  the 
court.  This  ordinance  to  go  into  effect  the  first  day  of 
January,  1884. 

RICE,    CHAFF,   MANURE. 

Removal  of     Art.  1433.  (1)  That  the  removal  of  rice,  chaff  and 

through  the  ^     ' 

streets.  manure  must  be   done  by  carts  securely  fastened  so  as 

Ord,  No.  1583,  .    -^  .      •;  „       „  ,, 

c.  s.  not  to  permit  any  portion  or  quantities  thereof  to  fall  on 

any  of  the  public  streets  or  thoroughfares ;  and  the  fail- 
ure of  the  owner  or  owners  of  any  carts  or  wagons  to 
comply  herewith  is  hereby  declared  an  offence  against 
How  regulated,  the  public  health,  punishable  by  a  fine  for  each  offence 
of  not  less  than  five  dollars  nor  more  than  twenty-five 
„     ,  dollars,  recoverable  before  the  committing  magistrate  of 

P6na,Ity« 

the  district  in  which  the  offence  is  committed,  or  in  de- 
fault of  paying  said  fine,  imprisonment  in  the  parish 
prison  or  workhouse  for  a  period  not  less  than  five  days 
nor  more  than  thirty  days. 

DEFACING  LAMPS  AND   POSTS. 

Injuring,  de-      Art.  1434.  (2)  That  from  and  after  the   promulga- 

facing,  etc.  ^    ■'  f  & 

Ord.  No.  431,  tion  of    this  ordinance  any  person   or    persons   found 

Sept.  4, 1883.  guilty  of  in  any  manner  injuring,  defacing  or  otherwise 

interfering  with  the  lamps,  posts,  or  any  parts  thereof  of 

the  city,  shall  be  fined  not  less  than  twenty-five  dollars, 


lb. 


OFFENCES,  MISDEMEANORS  AND   NUISANCES.  563 

or   in  default  thereof  to  imprisonment  for  not  less   than    Penalty. 
thirty  days,  or  both,  at  the  option  of  the  court. 

TOMBOLAS. 

Art.  1435.  (1)  That  tombolas,  wheels  of  fortune  or    in  vicinity  of 

,.,  ...  Tin  niaikets,  etc. 

other  device  by  which  money  or  goods  is  demanded  of  ord.  No.  7908, 
any  person  or  persons  for  the  chance  of  drawing  a  prize    juke  27, 1S82. 
at  the  public  markets,  or  in  the  vicinity  of  the  same,  on 
the  neutral  grounds,  in  the  public  squares,  or  in  any  of 
the  public  thoroughfares  of  the  city,  be  and  the  same 
are  hereby  prohibited. 

Art.  1436.  (2)  That  any  person  or  persons  violating  Penai-y, 
the  provisions  of  this  ordinance  shall  be  deemed  guilty 
of  a  misdemeanor  and  subject  to  a  fine  not  exceeding 
twenty-five  dollars  for  each  and  every  such  violation  by 
the  Recorder  of  the  district  in  which  the  offence  was 
committed,  upon  due  proof  thereof  by  any  police  officer 
or  conservator  of  the  peace,  and  in  default  of  payment 
of  the  said  fine  such  person  or  persons  shall  be  im- 
prisoned in  the  parish  prison  or  workhouse  of  the  city 
for  a  period  of  not  more  than  thirty  days  nor  less  than 
ten  days,  at  the  discretion  of  the  Recorder. 

Art.  1437.  (14)  It  shall  be  unlawful  for  any  person    shaking  car- 

1  ,  ,  n  pets,     hanging 

or  persons  to  hang  up  on  trees,  posts  or  fences,  or  on  clothes  in  pub- 
lines    suspended   from  either,  or  to  spread   upon    the  "^  ^  ^^^^'  * 
ground,  any  articles  of  clothing  or  bedding  for  the  pur- 
pose of  drying,  or  to  shake  carpets  on  any  public  squares, 
streets,  promenades,  or  other  public  grounds  belonging 
to  or  under  the  control  of  the  city. 

Art.  1438.   (15)  It  shall  not  be  lawful  to  sell,  or  offer  ^J.*^'^«.^f^^fJ|^^ 
for  sale,  any  article  of  groceries,  by  retail,  in  the  streets  ^*<=- 
of  the  city,  either  in  carts  or  otherwise. 

RED   LIGHTS. 

Art.  1439.  That  any  person  or  corporation  causing  to      To  exhibit 

.  ,  T         1  in  where      repairs 

be  made  any  excavation  of  the  public  thoroughfares,  or  are  being  made, 
who  shall  deposit  in  any  street  or  on  any  sidewalk,  heaps    a.  s.' 
of  brick,  dirt,  rubbish   or  materials  whatsoever,    pro- 
ceeding from   the  construction   or   demolishing  of   any 


564  OFFENCES,  MISDEMEANORS   AND  NUISANCES. 

building,  or  from  any  other  cause  whatsoever,  shall  be 
bound  to  place  a  lamp,  with  red  light,  every  night,  in 
the  centre  of  said  excavation  at  every  point  of  probable 
danger,  and  at  the  summit  of  said  heap,  which  lamp 
must  remain  lighted  during  the  night,  so  as  to  shed  a 
sufficient  light  to  make  the  encumbrance  visible,  in  order 
to  prevent  accidents  liable  otherwise  to  happen.  Any 
failures  on  the  part  of  individuals  or  corporations  to 
comply  with  the  foregoing  ordinance  will  subject  them 
to  a  fine  of  twenty  dollars  or  imprisonment  for  thirty 
days,  in  default  of  payment  of  said  fine,  for  each 
night  said  lamps  shall  fail  to  be  lighted  as  herein  re- 
quired, recoverable  before  any  court  of  competent  juris- 
diction. 

ELECTRIC  TOWERS. 

Climbing,     Art.  1440.  (1)  That  from  and  after  the  passage  of 

defacing  or  ^     ■^  ro 

injuring   eiec-  this   ordiuaucc  it  shall  be   unlawful   for  any  person  or 

trie  towers.  "^ 

ords.Nos.  iiispersons  to  climb  upon,  deface  or  injure  in  any  way  any 
June  1,'  1886.  of  the  clcctric   towers  or  poles  in  the   city  of  New  Or- 
leans, to  tamper  with  the  cranes,  or  in  any  manner  injure 
or  aid  and  abet  in  damaging  the  same. 

Penalty.  Art.  1441.  (2)  That  any  person  or  persons  violating 

*  this  ordinance  shall  be  liable  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars,  or  im- 
prisonment not  exceeding  thirty  days,  at  the  discretion 
of  the  Recorder  of  the  district  in  which  the  offence 
may  be  committed. 


parks,  squares,  etc. 

Property  oi     Art.  1442.  (1)  It   shall  be  unlawful   for   any   per- 

^ord.'No.  7086,  son  or  persons  to  wilfully  cut,  hack,  deface  or  otherwise 

May  17,  1S81.  injure  any  statues,  trees,  vases,  copings,  walks,  benches, 

flowers  or  any  other  property  appertaining  to  the  public 

squares  or  parks  of  this  city. 

Tramps,  va-      /^jjrp    1443.  (2)  Vagrauts,   loungers   and  tramps  are 

lb-  hereby  forbidden  to  make  any  of  said  squares  or  parks 

a  place  of  rendezvous ;  and  all  ball  playing,   velocipede 

racing  and  all  kinds  of  rough  sport  calculated  to  injure 


OFFENCES,  MISDEMEANORS  AND   NUISANCES.  565 

ladies  and  children  are  expressly  forbidden  in  said 
squares  or  parks. 

Art.  1444.  (3)  Political  meetings,  religious  gather-    pubiic  meet- 
ings,  formations  of  processions,  military  drill,  or  any  '"^^'  ib. 
assemblage  calculated  to  trample  the  walks  and  flower 
beds,  and  deface  the  general  aspect  of  the  squares  or 
parks   are   hereby    expressly    prohibited    within    their 
limits. 

Art.  1445.  (4)  There  shall  be  no  artillery  firing  of    Artillery  pro- 
any  description,  for  any  purpose,    in    said  squares   or  ib. 

parks. 

Art.  1446.  (5)  Vehicles  of  all  descriptions  are  here- .,  ^.  ,     ^ 

^     ■'  _  ,  ^  .     Vehicles,  boot- 

by  prohibited  from  standing  around  said  squares,  and  it    blacks,  etc. 

is  also  made  unlawful  for   bootblacks,    candy   sellers, 

peanut  venders,  patent  medicine  men,   or  peddlers   of 

any  other  description,  to  ply  their  avocations  in  or  around 

said  squares  or  parks. 

Art  1447.  (6)  Whoever  shall  violate  any  of  the  sec-    Penalty, 
tions  of  this  ordinance  shall,  upon  conviction  thereof,  be 
fined  not  more  than  ten  dollars,  or  imprisoned  not  more 
than  ten  days,  by  the  Recorder  of  the  district  who  may 
have  jurisdiction  over  the  matter. 

Art.  1448.  That  any  person  or  persons  found  molest-    Molesting 
ing  the  plants  or  other  articles  of  the  public  squares  or  artidL^Jf  pab^ 
parks  of  the  city  of  New  Orleans,  or  in  any  wise   com-  oi-cf.^NoTi'.oip, 
mitting  any  act  of  vandalism  which  would  tend  in  any    juiyg,  1895. 
way  to  impair  the  beauty  of  the  squares  or  parks,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished by  a  fine  of  ten  dollars  or  thirty  days'  imprison- 
ment in  default  of  the  payment  of  said  fine  for  each  and 
every  violation  of  this  ordinance,  one-half  of  the  fine  so 
collected  to  be  turned  over  to  the  commissioners  of  the 
square  or  park  in  which  the  offence  may  have  been  com- 
mitted, or  in  the  event  of  the  offence  having  been  com- 
mitted in  any  of  the  squares  under  the   supervision    of 
the  Commissioner  of  Police  and  Public  Buildings,  to  be 

Penalty. 

turned  over  to  him,  to  be  used  in  the  embellishment  of 
the  square  or  park  under  their  charge ;  the  other  half  of 
the  fine  so  collected  shall  be  paid  to  the  informer  for  the 
arrest  and  conviction  of  any  one  violating  this  ordinance. 


566  OFFENCES,  MISDEMEANORS   AND   NUISANCES. 

Signs.  ^^  xrt.  1449,  That  the  Commissioner  of  Police  and 
Public  Buildings,  as  well  as  all  Park  and  Square  Com- 
missioners, be  and  they  are  hereby  authorized  to  have 
suitable  signs  printed  embodying  the  above  ordinance, 
and  to  place  the  same  in  such  parts  of  the  squares  and 
parks  as  they  may  desire. 

BANANA  AND  ORANGE  PEELINGS. 

Fruit  peelings.     Art,  1450.  (1)  That  it   shall   be   unlawful   for   any 

Ord.  No.  1399,  ^     '^  *' 

c.  s.  person  or  persons  to  lay,  place  or  throw  upon  any  of  the 

banquettes  or  footways  within  the  limits  of  the  city  any 
banana,  orange,  fruit  peelings  or  other  substance  where- 
by pedestrians,  by  stepping  thereon,  may  be  injured. 

Penalty.  Art.  1451.  Any  party  or  parties  so  offending,    upon 

due  proof  thereof  before  any  Recorder  of  the  district 
wherein  such  offence  may  have  been  committed,  shall 
be  subject  to  a  fine  of  not  less  than  five  dollars  or  im- 
prisonment not  less  than  ten  days,  or  both,  at  the  dis- 
cretion of  the  Recorder. 

Special  duty  Art.  1452.  (2)  That  the  police  are  specially  directed 
lb.  and  ordered  to  arrest  and  make  affidavit  against  any  and 
all  persons  discovered  by  them  in  the  commission  of 
the  offence  herein  set  forth. 

GRASS. 

Grass  or     Art.  1453.  (1)  That  the  proprietors  of  lots  or  houses 
ord.No.  7277,  fronting  on  the  public  way  in  the  city   or  incorporated 
Aug.  12, 1S81.  suburbs  shall  cause  to  be  uprooted  and  removed  all  the 
grass  or  weeds  growing  on  the  sidewalks  or   gutters   in 
front  of  their  property, 
lb.     Art.  1454.  That  whoever  shall  violate  the  provisions 
Ord.  No.  5564.  of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
Sept  I,  isqi.  twenty-five  dollars  or  imprisoned  in  the   parish   prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
oned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed ;    provided,   that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each   offence,  nor  the  imprison- 
ment more  than  thirtv  days. 


OFFENCES,  MISDEMEANORS   AND  NUISANCES.  567 

Ords.  Xos.  3973  and  5094  repealed  by  Ord.  No.  5564,  C.  S. 

See  Amusements,  Bicycles,  Bakery,  Buildings,  Cemeteries, 
Churches,  Combustibles,  Drivers  and  Driving,  Fire  Department 
and  Fire  Limits. 

See  Health,  Levees,  Lewd  Women,  Markets,  Poles,  Slaughter- 
house, Stables  and  Dairies,  Streets,  Vagrants,  Vehicles,  Wharves. 

Decisions  of  the  Supreme  Court. 

The  Council  have  the  power  to  remove,  as  nuisances,  buildings 
which  encroach  on  the  line  of  the  street,  1  M.  187;  and  to  abate 
nuisances,  such  as  sheds  built  upon  the  levee  or  public  grounds, 
4  M.  10;  and  remove  private  hospitals  when  they  become  nui- 
sances, 5  N.  S.  409;  and  to  cut  adrift  crafts,  or  otherwise  remove 
them  as  nuisances,  when  they  remain  at  a  particular  portion  of 
the  port  longer  than  the  time  stipulated  by  ordinance,  8  N".  S. 
549;  and  to  prohibit  the  sale  of  oysters  except  at  certain  stands, 
'2  La.  219;  and  to  demolish  works  and  buildings  in  certain  cases 
when  they  are  nuisances,  3  La.  563;  N.  S.  293;  6  R.  R.  349. 

The  power  to  abate  nuisances  is  a  portion  of  police  authority 
necessarily  vested  in  the  corporations  of  all  populous  towns.  A 
resolution  of  the  Council  directing  a  city  officer  to  abate  a  par- 
ticular nuisance,  under  a  general  ordinance,  is  legal,  and  can  not 
be  assimilated  to  an  ordinance  inflicting  a  fine  or  penalty  upon  a 
particular  individual.     10  An.  227. 

The  city  has  the  power  of  enacting  ordinances  to  prevent 
nuisances  and  to  provide  for  the  preservation  of  public  decency, 
o  An.  747. 

The  fine  which  a  municipal  corporation  is  authorized  to  re- 
cover for  the  violation  of  its  ordinances  is  a  penalty  in  the  nature 
of  liquidated  damages,  and  established  as  such  in  lieu  of  the  dam- 
ages which  a  court  would  be  authorized  to  assess  in  place 
thereof.     4  An.  335. 

An  ordinance  directing  a  particular  soap  factory  to  be  removed 
within  a  certain  time,  and  imposing  a  fine  on  the  parties  in  case 
of  nonremoval,  is  illegal,  and  can  not  be  enforced.  The  imposi- 
tion of  fines  must  be  by  ordinance  of  a  general  character,  opera- 
tion and  effect.     3  An.  688. 

Any  work  or  establishment  which  obstructs  the  free  use,  which 
inhabitants  and  strangers  have  a  right  to  make  of  public  places, 
such  as  roads  and  banks  of  the  river,  is  a  nuisance,  and  may  be 
abated  by  the  police  authorities  of  the  place.  4  M.  2:  3  La.  566; 
%  R.  R.  349. 

An  injunction  will  lie  at  the  suit  of  any  proprietor  in  a  city  to 
restrain   the  erection  of  buildings  by  an   individual   on  public 
places,  11  M.  620.     An  injunction  will  issue  to  compel  the  re-    • 
moval  of  an  obstruction  in  a  common  way,  7  R.  R.  442;  and   the 
burning  of  a  kiln  may  be  prevented  by  injunction.     2  An.  773. 


568  OFFENCES,  MISDEMEANORS  AND   NUISANCES. 

Individuals  have  the  right  to  sue  for  the  abatement  of  a  nuis- 
ance.    10  An.  431 ;  2  An.  770;  11  M.  620. 

A  cemetery  is  not  necessarily  a  nuisance ;  special  circumstances 
are  requisite  to  make  it  such.     10  An.  431 ;  11  An.  244. 

Any  citizen  aggrieved  by  a  public  nuisance  is  entitled  to  an 
action  of  damages  against  the  offending  party,  especially  if  such 
nuisance  involves  also  the  breach  of  a  private  warranty.  12  An. 
541. 

A  municipal  corporation  has  no  right  to  enforce  obedience  to 
the  ordinances  which  it  has  the  power  to  pass,  by  fine  and  im- 
prisonment or  other  penalty,  unless  that  right  has  been  un- 
questionably conferred  by  the  law-giver.     38.  An.  1. 

The  power  of  the  city  of  Xew  Orleans  to  inflict  fine  or  im- 
prisonment is  confined  and  restricted  to  transgressions  of  ordi- 
nances under  its  police  power,  and  can  not  be  extended  to  trans- 
gressors of  ordinances  looking  to  revenue.     38  An,  750. 

Fast  driving  is  not  permissible  on  the  streets  of  Xew  Orleans. 
25  An.  235. 

Violations  of  the  ordinances  of  a  city,  passed  in  the  exercise  of 
the  expressed  or  implied  powers  vested  in  municipal  corpora- 
tions, and  relating  to  actfe  not  included  in  the  criminal  laws  of 
the  State,  can  not  be  regarded  as  crimes  to  which  the  constitu- 
tional guarantees  of  prosecution  by  indictment  or  information 
and  trial  by  jury  pertain.     35  An.  1192. 

The  ordinance  adopted  by  the  Council  of  the  city  of  Xew 
Orleans,  prohibiting  smoking  in  the  street  cars,  is  constitu- 
tional and  valid. 

.  The  police  power  delegated  to  the  city  in  section  7  of  the 
charter  gives  ample  authority  for  the  enactment  of  the  ordi- 
nance. 

There  is  much  discretion  left  to  a  municipal  corporation  in  de- 
termining what  is  a  nuisance,  and  the  exercise  of  this  discretion 
will  not  be  judicially  interfered  with  unless  the  corporation  has 
been  manifestly  unreasonable  and  oppressive,  invaded  private 
rights  and  transcended  the  authority  granted  to  it. 
To  determine  what  is  a  nuisance  is  a  question  of  fact. 
The  City  Council  of  Xew  Orleans,  to  a  certain  extent,  is  vested 
with  legislative  authority,  and  it  is  vested  with  that  discretion 
within  its  authority  common  to  all  legislative  bodies.  Within 
the  exercise  of  this  legislative  discretion  it  has  authority  to  de- 
termine what  is  a  nuisance,  and  to  pass  the  necessary  ordinances 
to  suppress  it.     42  An.  484. 

Constitutional  provisions  and  forms  of  proceeding  relating  to 
crimes  denounced  by  the  public  criminal  statutes  of  the  State  do 
not  apply  to  violations  of  mere  municipal  ordinances,  save  to  a 
very  qualified  extent. 


OFFICERS  AND   EMPLOYEES.  569 

The  city  of  New  Orleans,  even  prior  to  Act  41  of  1890,  pos- 
sessed power  to  enforce  her  ordinances  by  tine  or  by  imprison- 
ment in  default  of  payment  within  the  limits  fixed  by  law,  and 
when  the  penalty  deiined  in  the  ordinance  is  within  said  lim- 
its the  Recorders  of  the  city  are  bound  to  observe  the  same  and 
can  neither  extend  nor  diminish  them.     42  An.  1110. 

The  courts  of  this  State  have  no  power  by  injunction  to  pre- 
vent a  municipal  corporation  from  enforcing  police  ordinances 
in  the  interest  of  public  order  and  health,  penal  in  their  nature. 
42  An.  629. 

The  ajarae  ordinarily  known  as  pin  pool  is  not  a  gambling  game 
in  the  sense  of  the  Constitution  and  the  law;  and  a  city  ordinance 
denouncing  it  as  such  is  illegal.     43  An.  1076. 

The  same  act  may  constitute  a  crime  against  the  public  law  of 
the  State  and  also  a  petty  offence  against  a  municipal  regulation. 
The  two  offences  are  different,  and  each  may  be  punished  with- 
out violating  any  constitutional  right  of  the  party  accused.  45/ 
An.  717;  46  An.  1232,  1364. 


OFFICERS  AND  EMPLOYEES— See  Employees. 

Act  57  of  1888. 

Section  1 .  Be  it  enacted  by  the  General  Assembly  of  the  State  of    J^^^  ^^^  ^6  of 
Louisiana^  That  Act  Xo.  26  of  the  General  Assembly  of  the  State  1873  amended, 
of  Louisiana,  approved  February  16,  1873,  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

That  anv  public  ofttcer  or  employee  authorized  by  the  Con-     _ 

"    f  i-      .'  J  Extortion    m 

stitution  and  laws  of  the  State  of  Louisiana,  in  either  the  legisla-  office  defined, 
five,  executive,  judiciary  or  military  departments  of  the  State 
government,  or  anj'  officer  or  employee  of  the  parishes,  judicial 
or  other  districts,  or  of  cities  and  towns  incorporated  or  having 
governments  authorized  by  law,  whose  compensation  for  ofticial 
services  or  employment  therein  is  iixed  by  the  Constitution  or 
laws  thereof,  who  shall  charge  or  receive  or  take,  directly  or  in- 
directly, any  more  than  the  said  lawful  compensation  for  said 
ofHcial  services  or  employment,  shall  be  deemed  guilty  of  extor- 
tion in  office,  and  shall  be  punishable  in  the  manner  hereinafter 
prescribed  in  this  act. 

Sec.  2.  Be  it  further  enacted,  etc..  That  any  public  officer  or  eui- 
ployee,  as  designated  in  section  1  of  this  act,  who  shall  fraudu- 
lently carry  or  caused  to  be  carried,  directly  or  indirectly,  upon 
the  lists  or  payrolls  of  his  office,  the  name  or  names  of  persons  as 
employees  therein,  to  whom  are  thus  allowed  salaries  or  pay  for 
services  not  rendered,  said  pretended  employee  or  employees  be- 
ing such  as  are  commonly  known  as  "deadheads,"  shall,  on  con-  ^ 
viction]  by  a  [court  of  competent  jurisdiction,  be  guilty   of   the 


570  OFFICERS   AND    EMPLOYEES. 

crime  of  extortion  in  office,  and  shall  be  punishable  in  the  manner 
hereinafter  prescribed  in  this  act. 
Punishment,  ^^.c.  3.     Be  it  further  enacted,  etc..  That  anj  officer  or  person 

violating  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  by  a  court  of  compe- 
tent jurisdiction  shall  be  liable  to  pay  a  fine  of  not  more  than 
•one  thousand  dollars,  and  to  an  imprisonment  for  a  term  not  ex- 
•ceeding  five  years,  at  the  discretion  of  the  court;  and  any  person 
aggrieved  or  injured  by  the  acts  of  said  offender  shall,  indepen- 
dent of  anv  criminal  proceedings,  be  entitled  to  maintain  a  civil 
action  against  the  same  for  damages  or  injuries  sustained,  and  a 
verdict  in  favor  of  the  party  injured,  or  a  conviction  of  such 
offender,  shall,  ipso  facto,  operate  a  vacation  of  the  office  or  fimc- 
tions  of  said  offending  official  or  employee. 
Repealing  Sec.  4.  Be  it  further  enacted,  etc..  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  and  all  con- 
flicting laws  herewith  be  and  the  same  are  hereby  repealed. 

Act    135  of  1888. 
N  o  contract     SECTION  1.     Be    it    enacted  by   the    General   Assembly    of    the 
rhe^'ou'fcoun^  '^^«^«   ^f  Louisiana,  That  neither  the  Council  of  the  city  of  New 
cii  of  New  Or-  Orleans,   nor  any  committee  thereof,  nor  any   of  the  officers  of 

leans   binding,       .  ,       .  .      ,,  ,  ,  .-,.-,,         .        . 

un  less  previ- said  City  Shall  havc  the  power  to  bind  the  city  by  any  contract 
Tzed'^  T^t'h'^e  ^^^  ^^Y  public  work,  or  for  the  purchase  of  any  materials  or  sup- 
Councii,  and  pHes  for  any  of  the  departments  of  the  city  government,  unless 
fo*\'he  "^  lowest  there  shall  have  been  previously  passed  a  resolution  authorizing 
bidder.  j.jjg   gg^j^  contract  or  the  said   purchase,  and  unless  the  said  con- 

tract for  public  work  or  for  the  furnishing  of  said  materials  and 
supplies  shall  have   been  let  by  the   Comptroller  to  the  lowest 
Exceptional  bidder,   as  provided  in  section  21  of  the  City  Charter;  provided, 
provisions.        however,  that  in   cases  of  emergency   the  officers  of  the  various 
departments  may  make  bills  for  the  supplies  of  materials  not  ex- 
ceeding fifty   dollars;  but  in  all  such  cases   immediate  report  in 
writing  of  the  making  of  such  bill   shall  be  made  by  the  head  of 
the  department  to  the  Mayor,  setting  fortli   the   reason  of  his 
action,  which  report  shall  be  laid  by  the  Mayor  before  the  Coun- 
cil and  receive  the  approval  of  that  body  before  the  said  bid  jis 
ordered  paid. 
Estimate   ot     H^c '2.  Be  it  ftirther  enacted,  etc.,  That  on  the  first  of  January 
supplies     and  and  July  of  each  and  every  year  each   and  every  head  of  every 

m  ate  rials   re  •  •^    •^  »'  *^ 

quired  of  every  department  of  the  city  government  shall  lay  before  the  Council 
head  of  de^art^  g^jj  gg^jjjjg^j.g  ^f  j.|j^,  gyppjjgg  gjjjj  ^^^gj.jgj  (^^ithin   the    limitation 

«ve'y  year.  of  the  appropriations  made  in  the  budget  for  his  department)  that 
may  be  needed  in  his  department  during  the  current'six  months; 
and  the  said  Council  shall  approve  or  modify,  in  its  discretion, 
said  estimate,  and  shall  thereupon  direct  the  Comptroller  to  ad- 
vertise and  adjudicate  the  contract  to  furnish  said   supplies    and 


OFFICERS  AND   EMPLOYEES.  571 

material,  or  so  much  thereof  as  may  be  needed,  to  the  lowest 
bidder,  as  provided  in  section  21  of  the  City  Charter. 

Act  113  of  1892. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State    ^^  ^.^^.^  .. 
of  Louisiana.  That  section  6   of  Act  Xo.  135  of  1888   be  and  is  person  al  at- 
hereby  amended  and  re-enacted  so  as  to  read  as  follows :  duties°*of*their 

That  officers  and  members  of  the  city  government  are   hereby  "^'^^  °*  officers 

"     ^  -^    a  n  d    members 

required  and  commanded  to  attend  personally   to   the   duties  of  of  the    city 
their  office,  and  are  hereby  prohibited  from  absenting  themselves  New  OrleTns.° 
from  the  city  of  New  Orleans  unless  by  permission  of  the  Coun- 
cil previously  granted,  for  reasonable  cause  stated  and  approved. 
They  shall  keep  their  offices  open  from  9  o'clock  in  the  morning  * 

until  3  o'clock  in  the  evening,  and  shall  require  their  employees 
and  clerks  to  be  and  remain  therein  during  those  hours. 

Art.  1455.  That  in   all  cases  in  which  the  Mayor  or    citv  to  pay 
any  Administrator  or  officer  of  the  city  may  have  been  Mayor  an"  Ad - 
or  may  hereafter  be  sued   upon   by  any  individual  for  ord.  No,  2843, 
acts  performed  in   the  execution  of  their  duty,  the  city    Nov.,  1874. 
will  pay  the  fees   of  counsel  employed  by  them  in  their 
defence   as  well  as  the   amount   of  any  judgment  that 
may  be  obtained  against  them  and  all  costs  and  other 
expenses  of  suit,  and  otherwise  indemnif v  them  from  all 
loss,  injury  or  damage  which   they  may   be   jointly  or 
severally  subjected  to  in  the  premises. 

Art.  1456.  That  from  and  after  the  passage  of  this  to  visit  public 
ordinance  it  shall  be  the  duty  of  the  Mayor  and  Admin-    monthly."""' 
istrators  of  the  city  of  New  Orleans  to  make  a  monthly  j^^^.'  ^°*  ^^^' 
visit  to  the  public  institutions  of   this  city,  such  as  the    ^"■'  '^^^• 
Boys' s  House  of  Refuge,  the  Insane  Asylum,  the  Asy- 
lum  for  the  Aged  and  Infirm,  the  Parish  Prison,  etc., 
to  examine  the  condition  of  said  institutions. 

Art.  1457.  That  from  and  after  the  adoption  of  this    Authority  for 
ordinance   no   new  work  to  an  amount   exceeding  five  IsCi'*'"®  **^*'' 
hundred  dollars  shall  be   undertaken  or  contracted  for  a°'s.*  ^°"  ^^' 
by  any  Administrator  without  the  authority  of  the  City    ^''^'  '^^^* 
Council  first  obtained  and  resolution  to  that  effect. 

Art.  1458.   (3)  The  Comptroller  shall  not   issue  war-    Bonds  to  be 

'■  completed     be- 

rants  to  officers  or  emplovees  of  the  city  in  any  instance  fo-'e    issue    of 

J.       »  »/  ^  warrants. 

until  they  complete  their  bonds  in   accordance  with  the  O'^.  No.  3205, 
ordinance  under  which  they  hold  office.  Jan-  7.  1857. 


572  OFFICIAL  JOURNAL. 


nished     within 

two  weeks.         i 

lb. 

or  names  of  his  securities  within  two   weeks  after  their 
appointment,  will  be   considered   as  having  declined  to 
qualify,  and  the  Council  will  proceed  to  a  new  election, 
unless  satisfactory  reason  be  given  for  the  delay. 
Condition  of     Art.  1460.   (5)  It  shall  be  the  duty  of  the  City  At- 
ib.  torney  and  Comptroller,  in  all  bonds  of  city  officers,  to 
provide  that  such  bonds  shall   continue  in  force  during 
the  continuance  of  such  officers   in   the  employment  to 
♦  which  they  may  have  been  elected,  so  that   their  re-ap- 

pointment or  re-election  shall   not  impair  the  obligation 
of  such  bonds. 

Executive  Department,  see  section  12,  City  Charter. 

Oath  of  office,  see  section  16,  City  Charter. 

Ineligibility  of  members  of  Council,  see  section  18,  City 
Charter. 

Right  to  seats  in  Council,  see  section  29,  City  Charter. 

Removal,  see  section  30,  City  Charter. 

Holding  over,  see  section  31,  City  Charter. 

Clerks,  Deputies,  each  department,  their  bond  and  duties,  see 
section  39,  City  Charter. 

Salaries,  see  section  40,  City  Charter. 

No  increase  of  salaries,  see  section  41,  City  Charter. 


OFFICIAL    JOURNAL. 

Public  print-     Art.  1461.  That  the  police  iuries  and  municipal  cor- 
ing to  be  let  out  .    1  •       1      T  -1  H  /-\ 

by  contract  to  porations  m  all  parishes,    including   the   parish    or  Or- 
the  lowest  bid- f  ,    „  f         „  _  ,  -.         .   ,.         „ 
der.                leans,  shall  not  hereafter   order  public  printing  of  any 

Act6,  i88i.   ,.,'  ,  ,-,  ;  :.-.-.• 

kind  unless  the  same  be  done  under  contract  and  adju- 
dication to  the  lowest  responsible  bidder  under  such 
rules  and  regulations  as  they  may  establish,  after  due 
public  notice  of  at  least  ten  days ;  and  the  price  thereof 
shall  not  in  any  case  exceed  the  price  fixed  for  judicial 
advertisements ;  and  for  other  printing  or  job  work  they 
shall  in  no  case  exceed  the  maximum  price  fixed  for 
State  printing  in  this  act.  The  said  police  juries  and 
municipal  corporations  shall  always  have  reserved  to 
them  the  right  of  rejecting  any  and  all  bids,  and  shall 
require  adequate  security  in  the  parish  from  the  lowest 
responsible  bidder  for  the  complete  fulfillment  of  the 
contract  resulting  from  adjudication. 


ORDINANCES   AND   CITY   LAWS.  573 

Art.  1462.  It  shall  be  the  duty  of  the  Mayor  to  puh- Pf/JF^^^'ion^  o* 
lish  all  ordinances  and  resolutions  passed  by  the  Coun-  Ift^y  cLner, 
cil,  and  it  shall  be  the  duty  of  the  Clerk  of  the  Council 
to  publish  the  proceedings  of  the  Council.  The  whole 
in  a  newspaper  published  daily  in  New  Orleans,  and 
which  shall  have  been  in  existence  as  a  daily  paper  for 
one  year  previous  to  the  contract ;  the  proprietors  of 
which  paper  shall  offer  to  publish  said  proceedings  at 
the  lowest  price,  at  public  auction,  after  one  week's 
notice,  and  give  good  security  for  the  faithful  perform- 
ance of  the  work.  Such  offering  shall  be  made  at  least 
every  two  years,  and  no  contract  shall  be  made  for  a 
longer  period. 

Art.  1463.  That  hereafter  no  officer  of  this  city,   nor.    Publications 

''  in  ofbcial  jour- 

any  State  officer,  shall  cause  to  be  published  at  the  ex-  ^ah^  ^^^     ^^ 
pense  of   the  citv  any   notice  or   advertisement  inanyc.s. 

^  '  J  J       April  8,  1890. 

other  than  the  official  paper  of  the  city,  nor  for  a 
longer  time  than  is  required  by  law,  unless  by  special 
order  of  the  Council. 

Art.  1464.  That  the  finance  committee  shall  not  ap-  ^See's^a™^ 
prove  any  bill  for  any  printing  done  in  violation  of  the  p'"'"'*'-  j^ 
first  section  of  this  ordinance. 

Art.  1465.  That   the   finance  committee   be  and  it  is  ^J T[e'r'"t'h'f 
hereby   directed  to   cancel  and   disregard    all    charges  o^d°  no.  10,267, 
made  for  advertisements   which  appear   after  the   hour^'/eb.  a,  is^s- 
set  forth  in  the  matter  of  bids  and  proposals  and  their 
reception. 


ONE-TWELFTH  RULE— See  Appropriations. 


ORDINANCES  AND  CITY  LAWS— See  Comptroller, 
Mayor. 

Art.  1466.  That  the  Mayor  of  the  city  be  and  he  is    compilation 
hereby  authorized  and  directed  to  employ  a  competent  nances, 
person  or  persons  whose  duty  it  shall  be  to  make  and    c."  s.  *    '     ' 

May  21,  1895. 

prepare  a  careful  compilation  of  the  ordinances  of  the 
city  of  New  Orleans  up  to  date,  and  to  properly  digest 
and  index  same,  and  he  shall  also  compile  all  laws  of 


574  ORDINANCES   AND   CITY   LAWS. 

ordhfanfls.  °  ^  *^^  ^^^^^  ^^^  decisions  of  the  Supreme  Court  of  the  State 
s« ''''^""^'  effecting  said  ordinances  of  the  city  of  New  Orleans. 

Art.  1467.  No  ordinance  or  resolution  shall  pass  the 
Council  at  the  same  session  at  which  it  is  first  offered, 
but  any  ordinance  or  resolution  shall  at  its  first  offering 
be  read  in  full,  and  shall  lay  over  one  week  before  being 
finally  considered  Oy  the  Council. 
Open  doors.  ^^^  ^^gg  rpj^^  Couucil  shall  sit  wlth  opcu  doors  and 
^''"  no  resolution  or  ordinance,  except  resolutions  for  in- 
vestigation and  for  the  conduct  of  parliamentary  busi- 
ness, shall  have  the  force  of  law,  unless  it  receives  the 
votes  of  the  majority  of  the  members  elected  to  said 
Council,  and  unless  on  its  final  passage  the  ayes  and 
nays  are  called  and  recorded. 
Approval  of  Art.  1469.  All  Ordinances  and  resolutions,  after  hav- 
sec.  20.  '  ing  been  passed  by  the  Council,  shall  be  transmitted  to 
the  Mayor  for  his  consideration,  who,  if  he  shall  approve 
thereof,  shall  sign  and  publish  the  same,  and  such  or- 
dinances and  resolutions  shall  thereupon  have  the  force 
of  law.  But  if  the  Mayor  shall  disapprove  of  any  or- 
dinance or  resolution  transmitted  to  him  as  aforesaid, 
he  shall  within  five  days  from  the  time  he  received  it 
return  the  same  to  the  Couucil  with  his  objections  in 
writing,  and  if  two-thirds  of  the  members  elect  shall 
adhere  to  said  ordinance  or  resolution  notwithstanding 
said  objection,  then,  and  not  otherwise,  the  said  ordi- 
nance or  resolution  shall,  after  publication  thereof,  have 
the  force  of  law ;  the  failure  to  return  an  ordinance 
with  his  veto  within  five  days,  if  the  Council  be  in  ses- 
sion, or  to  the  next  session  of  the  Council  after  five  days, 
shall  have  the  same  efl'ect  as  a  veto.  Any  ordinance 
making  appropriation  or  fixing  the  number  and  salaj'ies 
of  employees  may  be  approved  in  part  or  vetoed  as  to 
specific  items  mentioned  by  the  Mayor  in  his  veto  mes- 
sage. 
Publication.  Art.  1470.  It  shall  be  the  duty  of  the  Mayor  to  pub- 
se<?  J^y  *'*"■  lish  all  ordinances  and  resolutions  passed  by  the  Council, 
and  it  shall  be  the  duty  of  the  Clerk  of  the  Council  to 
publish  the  proceedings  of  the  Council.  The  whole  in  a 
newspaper  published  daily  in  New  Orleans,   and  which 


ORDINANCES-  AND   CITY  LAWS.  575 

shall  have  been  in  existence  as  a  daily  paper  for  one 
year  previous  to  the  contract,  the  proprietors  of  which 
paper  shall  offer  to  publish  said  proceedings  at  the  lowest 
price  at  public  auction  after  one  week's  notice,  and  give 
good  security  for  the  faithful  performance  of  the  work. 
Such  offering  shall  be  made  at  least  every  two  years, 
and  no  contract  shall  be  made  for  a  longer  period. 

PRIVATE   ORDINANCES. 

Art.  1471.  That  hereafter  when  any  ordinance  of  a    Party  inter- 
ested   to    pay 
private  nature  conveying  or  intending   to  .convey  a  per-  cost  of  printing. 

mit,  franchise,  right  or  grant  of  any  kind  whatever  to  s.* 
an  individual,  firm,  company  or  corporation,  the  per- 
son or  party  interested  in  the  benefit  of  such  private  or- 
dinance shall  pay  to  the  city  the  cost  of  printing  and 
publication  thereof  in  the  official  proceedings  and  as  an 
approved  ordinance,  and  lio  ordinance  of  the  private 
character  hereinbefore  described  shall  be  promulgated 
unless  a  certificate  shall  have  been  filed  with  the  Mayor, 
showing  that  there  has  been  deposited  with  the  Treas- 
urer for  the  use  of  the  city  a  sum  sufficient  to  defray 
said  expenses. 

NAME   OF   ORDINANCES. 

Art.  1472.  That  all  ordinances  and  resolutions  passed  ^J^J'^^''^^'^^ 
by  this  Council  shall  be  known  as  and  entitled  Council  q^j^  ^o  i  c 
Series.  |'ov.28.:k! 

Art.  1473.  That  the  Comptroller  be  and  he  is  hereby 
authorized  and  directed  to   withhold   the  publication  of  nc^ti^on°\o^"be 
any  and   all   petitions  for  the  paving  of   streets,    ban-  '^qP-j^'^o;  3,  j 
quettes  or  the  opening  of  streets  of  this   city  under  the  ^-^^       ^ggg 
provisions  of  sections  32,  33  and  34  of  the  City  Charter, 
until  all  costs  of  printing   therefor   shall   have  been  de- 
posited  with  the   Comptroller,   the   same   to   be    duly 
credited  by  him  to  the  "  public  printing  account." 

Art.  1474.  That  no  notarial  act  shall  be  entered  into    Notarial  act. 
by  the  Mayor   nor  other  proceedings  be  had  to  carry  out  ^^' 

any  paving  ordinance  as  contemplated  by  the  provisions 
of  the  City  Charter,  hereinbefore  recited,  until  incompli- 
ance with  section  35  of  the  Charter  the  cost  of  pub- 


576  OPIUM. 

lication  has  been  paid  into  the  Treasury  through  the  de- 
partment of  the  Comptroller,  and  the  Mayor  been  duly 
notified  of  such  payment. 
Ordinances      /^jjrp    1475    That   all   motious  Or   resolutions   having: 

amending     or  cs 

n*k^n^ce's"^n^u''s  t  ^^^'  ^^^^^  object  the  repealing  of  any   ordinance  or  reso- 
contain  title  or  lution  of  this  Couucll  shall  be  siibmitted  by  the  title  or 

s  u  b  s  t  ance    01  .  ^ 

"eaied"*^^*  "^^  ^^  ^  Statement  of  the  subject  matter  to  be  repealed. 

Ord.  No.  4172, 

Dec.  26,  1S89.  Decisions. 

An  unconstitutional  provision  in  a  city  ordinance  does  not 
vitiate  the  wiiole  ordinance,  unless  the  two  provisions  are  so 
closely  connected  in  object  and  meaning  that  the  one  can  not 
exist  without  the  other.     39  An.  247. 

When  the  fact  is  denied  that  a  certain  ordinance  has  been 
enacted  by  a  Town  Council,  the  fact  can  only  be  proved  by  the 
deliberations  of  the  Council  and  their  promulgation  duly  at- 
tested.    30  An.  1105. 

Municipal  ordinances  are  not  required  to  be  read  in  full. 
36  An.  641. 

The  city  has  no  power  to  punish  by  fine  and  imprisonment  the 
non-payment  of  licenses  on  trades  and  occupations.     32  An.  — , 

The  city  may  by  injunction  close  a  blacksmith  shop  which, 
from  its  noise,  odor  and  smoke,  renders  living  in  the  neighbor- 
hood inconvenient  and  unpleasant,  and  is  carried  on  in  violation 
of  the  city  ordinances.    C.  C,  665;  14  An.  247. 

Ordinance  inconsistent  with  and  in  contlict  with  the  general 
policy  of  the  State  is  illegal,  null  and  void.     45  An.  34. 

The  Legislature  may  delegate  to  municipal  corporations  power 
to  adopt  and  enforce  ordinances  on  matters  of  special  local  im- 
portance, though  general  statutes  exist  relating  to  the  same  sub- 
jects.    45  An.  717;  46  An.  1234,  1364. 

An  ordinance  to  the  extent  that  it  may  transcend  the  power 
vested  in  the  body  which  passed  it  is  null.     47  An,  1660. 


OPIUM. 

Sale  of.  Art.  1476.  That  it  shall  be  unlawful  for  any  person 

d^sf'  ^°'  '^^°'or  persons  to  sell,  barter  or  exchange  the  drug  known 

June,  1884.     as  opium,  except  on  the  prescription  of   an  accredited 

physician. 
Pemity.  ^^T.  1477.  That  whoever  shall  violate  the  provisions 

^'^s.^°"*^^^' of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
Dec.  16,  1890.  twenty-five  dollars,  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris 


ORGANIZATION   OF   DEPARTMENTS.  577 

oned  in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days,  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed ;  provided,  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence  nor  the  imprison- 
ment more  than  thirty  days. 

Art.  1478.  (2)    That   it   shall  be   unlawful  for  any   opium  joints. 

XI  u  X    1,1  •    1.  X  •         Ord.No.  7S0. 

person  or  persons  to  keep  such  an  establishment  as  is  c.  s. 
commonly  designated  ''  a  joint,"  where  opium  is  smoked 
or  otherwise  used.  Any  person  or  persons  keeping 
such  an  establishment,  as  well  as  all  those  found  therein, 
either  as  visitors  through  curiosity,  or  in  the  act  of  using  Penalty, 
or  smoking  opium,  shall  be  arrested,  and  on  conviction 
before  any  of  the  Recorders  be  fined  not  less  than  ten 
dollars  or  imprisonment  for  not  more  than  thirty  days, 
or  both. 


ORGANIZATION  OF  DEPARTMENTS. 

Art.  1479.  The  Council  shall  organize  the  Departments  j,f^D^*°'|***°2 
of    Comptroller,    Treasurer,    Commissioner   of    Public  ments. 

^  '  '  Sec.  38,  city 

Works  and  Commissioner  of  Police  and  Public  Build-  charter, 
ings,  regulate  the  number  of  clerks  and  other  officers  to 
be  employed  by  each  department,  and  fix  the  salaries 
of  such  clerks  and  officers ;  said  clerks  and  officers  shall 
be  appointed  by  said  Comptroller,  Treasurer,  Commis- 
sioner of  Public  Works  and  Commissioner  of  Police  and 
Public  Buildings,  respectively,  by  and  with  the  advice 
^nd  consent  of  the  Council ;  but  said  clerks  and  officers 
may  be  discharged  by  said  Comptroller,  Treasurer,  Com- 
missioner of  Public  Works,  and  Commissioner  of  Police 
and  Public  Buildings,  respectively,  at  pleasure,  and  in 
case  of  the  discharge  of  any  clerk  or  officer  by  said 
Comptroller,  Treasurer,  Commissioner  of  Public  Works 
and  Commissioner  of  Police  and  Public  Buildings  the 
fact  of  said  discharge  shall  be  communicated  to  the 
Council  at  its  first  meeting  thereafter,  together  with  the 
<}ause  thereof. 


578  ORGANIZATION. 

yStworf^  Art.  1480.  (2)  That  any  public  officer  or  employee,  as 
designated  in  section  1  of  this  act,  who  shall  fraudu- 
lently carry  or  cause  to  be  carried,  directly  or  indirectly, 
upon  the  lists  or  pay  rolls  of  his  office  the  name  or 
names  of  persons  as  employees  therein  to  whom  are  thus 
allowed  salaries  or  pay  for  services  not  rendered,' said 
Extortion  in  prctcndcd  cmploycc  or  employees  being  such  as  are  com- 
monly known  as  * 'deadheads,"  shall,  on  conviction 
by  a  court  of  competent  jurisdiction,  be  guilty  of  the 
crime  of  extortion  in  office,  and  shall  be  punishable  in 
the  manner  hereinafter  prescribed  in  this  act. 


ORGANIZATION. 

^0|d.No8S76.     Section  1.  That  the  Departments  of  Mayor,  Comp- 

Amended^y^^^ll^^'    Treasurer,   Commissioner    of    Public    Works, 

^t^c!^s!;  I'o',-  Commissioner     of      Police      and     Public     Buildings, 

g°' ^- |i  J°':City     Attorney,     Department     of      the      City     Coun- 

763,  c.s.         cil.  City  Engineer,  be  and   they  are   hereby   organized, 

and  said  departments  are  hereby  authorized  and  directed 

to  employ  such  clerks,  officers  and  other  employees  at 

such  salaries  as  herein  stated  : 

Department  of  the  Mayor. 

One  secretary,  $200  per  month ;  one  chief  clerk,  $150 
per  month ;  assistant  clerk,    $75  per  month;  one  door 
keeper,  $50  per  month. 

City  Hall  Building. 

One  librarian,  $75  per  month;  one  assistant  librarian, 
$75  per  month;  one  custodian  of  archives,  $50  per 
month ;  one  janitor,  $100  per  month ;  three  porters,  each 
$50  per  month ;  two  elevator  men,  each  $60  per  month. 

Comptroller's  Department. 
One  chief  clerk,  $150  per  month ;  one  warrant  clerk, 
$150  per  month ;  one  book-keeper,  $125  per  month ;  one 
assistant  book-keeper,  $100  per  month ;  one  individual 
book-keeper,  $125  per  month ;  one  legal  process  clerk, 
$100  per  month ;  one  porter,  $50  per  month. 


ORGANIZATION.  579 

Tax  Mortgage  Registry. 
One    chief    clerk,    $125  per   month ;    four    assistant 
clerks,  each  $100  per  month. 

Treasurer'' s  Department. 

One  chief  clerk,  $200  per  month  ;  one  cashier,  $125 
per  month :  one  book-keeper,  $150  per  month ;  one 
license  clerk,  $125  per  month ;  one  tax  receiver,  $200 
per  month ;  two  tax  clerks,  each  $125  per  month ;  one 
messenger,  $75  per  month. 

Commissioner  of  Police  and  Public  Buildings. 

One  general  superintendent,  $150  per  month;  one 
chief  clerk.  $150  per  month ;  one  assistant  clerk,  $100 
per  month  ;    one  porter  and  messenger,  $50  per  month. 

Police   Jail. 

One  superintendent,  $125  per  month ;  one  assistant 
superintendent  and  clerk,  $83.33  per  month;  one  ma- 
tron, $40  per  month;  two  night  watchmen,  each  $50  per 
month ;  two  day  watchmen ,  each  $50  per  month  ;  six 
keepers  market  and  street  gang,  each  $50  per  month ; 
one  gate-keeper,  $50  per  month ;  one  assistant  gate- 
keeper, $50  per. month. 

Fire  Alarm  Telegraph. 

One  superintendent,  $150  per  month ;  one  lineman, 
$100  per  month  ;  three  assistant  linemen,  each  $75  per 
month;  three  operators,  each  $100  per  month; 
one  battery  man  and  messenger,  $50  per  month ;  one 
superintendent.  Fifth  District,  $75  per  month;  one 
superintendent,  Sixth  District,  $75  per  month ;  one 
superintendent,  Seventh  District,  $60  per  month. 

Removal  Sick  and  Dead. 

One  carpenter,  $65  per  month ;  two  drivers,  each  $50 
per  month. 

Conveying  Prisoners. 

Two  drivers,  each  $50  per  month;  one  hostler,  $50 
per  month. 


580  ORGANIZATION. 


Parish  Prison. 


One  commissary,  $75  per  month  ;  one  inspector  patrol 
boxes,  $100  per  month. 

Archives,  Civil  District  Court. 
Two  clerks,  $75  per  month. 

Porters,  Court  House. 

Civil  District  Court,  two  porters,  each  $50  per  month ; 
Criminal  District  Court,  two  porters,  each  $50  per 
month;  Supreme  Court,  one  porter,  $50  per  month. 

PuMic  Squares. 

Lafayette  Square,  one  laborer,  $50  per  month ;  An- 
nunciation Square,  one  laborer,  $50  per  month ;  Clay 
Square,  one  laborer,  $50  month. 

Matrons,  Police  Station. 
Two  matrons,  each  $40  per  month. 

Commissary  of  Markets. 

Pour  commissaries,  each  $50  per  month  ,•  two  morgue 
keepers,  one  for  day  and  one  for  night,  each  $60  per 
month. 

New  Court  House  and  Jail. 

Two  engineers,  each  $100  per  month;  two  firemen, 
each  $60  per  month ;  one  janitor,  $100  per  month. 

Commissioner  of  Public  Works. 

One  stenographer,  $75  per  month ;  one  chief  clerk, 
$150  per  month  ;  one  book-keeper,  $125  per  month  ;  one 
assistant  book-keeper,  $100  per  month ;  one  complaint 
clerk,  $100  per  month ;  one  porter  and  messenger,  $50 
per  month ;  one  general  superintendent,  $150  per  month  ; 
one  upper  district  superintendent,  $100  per  month; 
one  lower  district  superintendent,  $100  per  month  ;  one 
foreman  for  each  of  the  First,  Second,  Third,  Fourth, 
Fifth,  Sixth,  Seventh,  Eighth,  Ninth,  Tenth,  Eleventh, 


ORGANIZATION.  581 

Twelfth  and  Fifteenth  Wards,  each  $70  per  month ;  one 
foreman  for  the  Thirteenth  and  Fourteenth  Wards,  $70 
per  month ;  one  foreman  for  the  Sixteenth  and  Seven- 
teenth Wards,  $70  per  month  ;  two  keepers  of  roadway 
for  Gentility  Road,  from  North  Laharpe  to  Micheaud, 
each  $60  per  month  ;  laborers,  $1.50  per  day ;  carpenters, 
$2.50  per  day;  carts,  $2.50  per  day;  pavers,  $2.50  per 
day. 

Supply  Depots. 

One  day  watchman,  depot,  above  Canal  street,  $75 
per  month;  one  night  watchman,  depot  above  Canal 
street,  $50  per  month ;  one  day  watchman,  depot  below 
Canal  street,  $50  per  month. 

Canal  and  Navigation  Bridges. 

One  keeper  Marais  street  bridge,  $40  per  month ;  one 
keeper  Villere  street  bridge,  $40  per  month;  one  keeper 
Claiborne  street  bridge,  $40  per  month ;  one  keeper  Gal- 
vez  street  bridge,  $40  per  month ;  one  keeper  Broad 
street  bridge,  $40  per  month ;  one  keeper  St.  John  foot 
bridge,  $40  per  month ;  one  keeper  Esplanade  street 
bridge,  $50  per  month  ;  one  keeper  Liberty  street  bridge, 
$50  per  month  ;  three  keepers  Magnolia  street  bridge, 
each  $50  per  month  ;  two  'keepers  White  street  bridge, 
each  $40  per  month ;  one  keeper  West  End  bridge,  $40 
per  month.  > 

Drainage  Machines. 

Bienville  street:  One  engineer,  $83.33  per  month;  two 
two  firemen,  each  $50  per  month.  Melpomene  avenue  : 
One  engineer,  $83.33  per  month  ;  two  firemen,  each  $50 
per  month.  Dublin  avenue:  One  engineer,  $83.33  per 
month ;  two  firemen,  each  $50  per  month.  London  ave- 
nue: One  engineer,  $83.33  per  month;  two  firemen, 
each  $50  per  month.  Orleans  street:  One  engineer^ 
$83.33  per  month;  one  fireman,  $50  per  month. 

Algiers  Pump, 
One  watchman,  $10  per  month. 


582  ;  ORGANIZATION. 

WJiarves  and  Landings. 

One  superintendent  from  Canal  street  to  lower  limits, 
$120  per  month ;  one  superintendent  from  Canal  street 
to  upper  limits,  $120  per  month ;  one  wharfinger 
First  District,  $100  per  month ;  one  wharfinger 
Second  District,  $100  per  month ;  one  wharfinger 
Third  District,  $75  per  month ;  one  wharfinger 
Fourth  District,  $83.33  per  month;  one  contraven- 
tion clerk.  First  District,  $70  per  month ;  one  con- 
travention clerk,  Second  District,  $70  per  month ; 
one  signal  officer.  First  District,  $45  per  month ;  one 
signal  officer,  Second  District,  $45  per  month ;  one 
keeper  public  roads,  Algiers,  $60  per  month. 

City  Council. 

One  clerk  of  Council,  $150  per  month;  one  assistant 
clerk  of  Council,  $150  per  month  ;  four  committee  clerks 
of  Council,  each  $150  per  month  ;  one  sergeant-at-arms, 
$125  per  month. 

Citi/  Attorney. 

One  assistant  City  Attorney,  $283.33  per  month  ;  two 
assistant  City  Attorneys,  each  $200  per  month ;  one 
assistant  City  Attorney,  $166  per  month ;  one  clerk,  $100 
per  month ;  one  assistant  clerk  and  stenographer,  $75 
per  month  ;  one  messenger,  $60  per  month. 

City  Engineer. 

Two  assistant  City  Engineers,  each  $135  per  month, 
one  chief  clerk,  $150  per  month ;  two  assistant 
clerks,  each  $120  per  month ;  three  assistant  en- 
gineers, each  $100  per  month;  one  draughtsman, 
$100  per  month ;  one  inspector,  $100  per  month ;  one 
stenographer,  $75  per  month ;  five  rodmen,  each  $50  per 
month;  one  assistant  draughtsman,  $55  per  month;  one 
tracer,  $50  per  month ;  one  messenger,  $40  per  month ; 
one  custodian,  $55  per  month;  one  copyist,  $20  per 
month ;  three  inspectors,  per  day,  each  $3 ;  one  porter, 
$20  per  month. 


OVENS  AND   KILNS.  583 

Art.  1481.  That  all  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  be  and  the  same  are  hereby 
repealed. 

Ordinances  organizing  the  departments : 

Ordinances  Xos.  2956,  2977.  2990,  2992,  3030,  3076,  3101,  3174, 
3305,  3306,  3479,  3665,  3691,  3831,  4775,  5029,  5117,  5118,  5292,  6426, 
7151,  7737,  7750,  7955,  8470,  8471,  8601,  8876. 


ORPHANS. 

See  Asylums. 
Art.  1482.  That  Ordinances  Nos.  420  and 3321,  O.  S.,    Repeal. ng 

,  11  11  IT  <irds.   Nos.  420 

be  and  they  are  hereby  repealed-.  and  3321.  o-  s. 

Dec.  18,  188S. 

OVENS  AND  KIL^^S. 
PRIVILEGES. 

Ord.  3276.  Beirnius,  Elizabeth,  Washington  and  Annunciation 

streets,  oven.  October  24,  18S8. 
Ord.  7115.  Becker,   Frank,    Rampart   and   Montegut    streets, 

oven,  January  19,  1893. 
Ord.  7358.  Bashor,  Christian,    Foucher    and   Laurel     streets, 

oven,  March  30,  1893. 
Ord.  7894.     Baehr,  Frank,  Magazine  between  Berlin  and  Milan 

streets,  oven,  August  3,  1893. 
Ord.  76.56.  Cury,  L.  J.,  foot  of  Robin  street,  brick  kiln.  June  2, 

1893. 
Ord.  4381.  Domecq,  John,    165  Canal  street,  oven,   March   28, 

1890. 
Ord.  9183.  Dosso.  Theo.,  Royal  and  Enghien    streets,    oven, 

October  5,  1894. 
Ord.  5164.  Entzminger.  E.,  Louisa  and  R.impart  streets,  oven. 

March  7,  1891. 
Ord.  5634.  Ehrhardt.    George,  Johnson   and  Bienville  streets, 

oven,  October  1.1891. 
Ord.  7561.  Entzminger,  H.,  Urquhart  and  Spain  streets,  oven. 

May  11,  1893. 
Ord.  7586.  Entzminger,   H.,  Urquhart  and  Spain  streets,  oven. 

May  19,  1893. 
Ord.  S357.  Fabares,    Cyprien,   Dauphine   and   Flood    streets, 

oven,   November  22,  1888. 
Ord.  11,236.  Fehrenbach,    Martin,     903     Washington  avenue. 

oven,  September  3, 1895. 
Ord.  7829.  Garico,  Oscar,   Hospital  and   Royal  streets,   oven, 

July  28,  1893. 
Ord.  10,720.  Grere,  Mrs.  S.,  505  St.  Philip   street,  oven.   May 

17,  1895. 
Ord.  2584.  Herschvvitz,  F.,  88  Dauphine  street,  November  18, 

1887. 
Ord.   4713.  Hacker,   Ed   W.,  Miro,  Cleveland,   Palmyra    and 

Tonti  streets,  oven,  September  5,  1890. 


584  OVENS   AND   KILNS. 

Ord.  8481.  Hopkins,  S.  P.,  Dauphine  and  Louisa  streets,  oven, 

December  21,  1893. 
Ord.  7092.  Ignoffl,  Pliillippo,  :-43  St.  Claude  street,  oven,  Janu- 
ary 11,  1893. 
Ord.  8532.  Igan,  Chas.,  124  Hospital  street,  oven.  January  6, 

1894. 
Ord.  8991.  Juriccich,  Joseph,  35  St.  Philip  street,  oven,  April 

14,  1889. 
Ord.  10,875.  Jordan.  Martin,  Eliza,  between  Powder  and  Bouny 

streets,  June  18,  1895. 
Ord.  3085.  Kuhn,  Philip,  Roman  and  Mandeville  streets,  July 

20.  1888. 
Ord.  7915.  Kern.    Henry,    Locust    and    Philip    streets,    oven, 

August  3,  1893. 
Ord.  3258.  Lemanere,  Adolph,  88  Royal  street,  October  15, 1888. 
Ord.  7893.  Leclerc,  A.  L.,  157  Royal  street,  oven,  August  3, 

1893. 
Ord.  8174.  Lambert,  Frederick,  164  Port  street,  oven,  October 

19,  1893. 
Ord.  10,197.  Laffevanderie,  Louis  L.,  728  Bienville  street,  oven, 

January  16,  1895. 
Ord.  10,794.  Lefevre,  Emile,  59  Onzaga  street,  oven.  May  31, 

1895. 
Ord.  2772.  Munhausen,  August,  St.  Claude  and  Clouet  streets, 

February  21,  1888. 
Ord.  4587.  Miller,  August,  Marais,  near  St.  Ferdinand  street. 

oven,  June  27,  1890. 
Ord.  7513.  Meyer,  Henry.  Fifth  and  Cambronne  streets,  oven. 

May  4,  1893. 
Ord.  9401.  Massicot,   S.  J.,   Paris  avenue    and    New    Orleans 

street,  near  Gentilly  road,  oven.  July  9, 1894. 
Ord.  9781.  Massicot,  S.  J.,  Hagan  avenue  and  St.  Philip  street, 

oven,  October  5,  1894. 
Ord.  10,904.  Miller,  Geo.  A.,  Bienville  and   Solomon  streets, 

oven.  June  21,  1895. 
Ord.  11,044.  Muller,  O.  T.,  Bienville   and   Alexander  streets, 

oven,  July  25,  1895. 
Ord.  2772.  New   Orleans  Art  Pottery  Company,  247  Baronne 

street,  February  21,  1888. 
Ord.  2575.  Ohler.  Felix,   Marais  near  Spain  street,  oven,  No- 
vember 11.  1887. 
Ord.  3926.  O'Connor,    U..    Freret    near    Erato    street,    oven, 

August  15,  1889. 
Ord.  8206.  Ohler,  Felix,  Ferdinand  pear  Morales   street,  oven, 

October  24,  1893. 
Ord.  10,338.  Potchon,  Wm.,  Aline  and  Tchoupitoulas   streets, 

,  oven,  February  15, 1895. 

Ord.  9112.  Rochester,   J.  O.,  Hampson  and  Broadway  streets, 

oven,  November  19,  1889. 
Ord.  5241.  Rombart,    Geo..   Valmont    and    Constance  streets, 

oven,  April  17,  1891. 
Ord.  9274.  Rousseau,  Wm.  N.,   Vallette,  between  Evelina  and 

Market  streets,  oven,  June  1,  1894. 
Ord.  10,378.  Reimer,  John,  Jourdan  avenue  between  Dauphine 

and  Burgundy  streets,  oven,  March  7. 1895. 
Ord.  10,825.  Reimer,  John,  Jourdan  avenue  between  Dauphine 

and  Burgundy  streets,  oven,  June  7,  1895. 
Ord.  2584.  Sohtemer,  Bernhard.  392  Claiborne  street,  oven,  No- 
vember 18, 1887. 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  585 

Ord.  3501.  Soland.  H.  J.,  General  Taylor  and  Laurel  streets, 
oven,  January  25,  1889. 

Ord.  3570.  Sexert,  A.  S.,  151  Royal  street,  oven,  March  1,  1889. 

Ord.  6507.  Stein,  Geo.,  Chestnut  betvven  Broadway  and  Maga- 
zine streets,  oven.  July  8. 1892. 

Ord.  7935.  Schwankhart.  Vincent,  192  Camp  street,  oven. 
August  18,  1893. 

Ord.  11.429.  Schmidt,  Frederick,  2819  Dauphine  street,  oven^ 
October  8,  1895. 


PARENTS— See  Minors. 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

See  Offences. 

Act  No  84  of  1870— Extra  Session. 

To  establish  a  public   park  for  the   city  of  New  Orleans,  and  to 
provide  means  therefor. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
tives  of  the  State  of  Louisiana,  in  General  Assembly  convened,  That 
so  much  of  that  piece  (of)  [or]  parcel  of  land  situated  on  the 
Metairie  road  in  the  city  of  New  Orleans,  and  laid  out  by  the 
city  of  New  Orleans  as  a  public  park,  and  all  such  lands  as  may 
hereafter  be  acquired  for  that  purpose  by  virtue  of  this  act,  shall 
hereafter  be  known  and  entitled  as  "The  New  Orleans  Park." 

Sec.  2.  Be  it  further  enacted,  etc.,  That  the  said  park  shall  be 
under  the  exclusive  control  and  management  of  a  board  of  com- 
missioners to  consist  of  five  persons,  who  shall  be  named  and 
styled  '-The  Commissioners  of  the  New  Orleans  Park."  No 
action  of  the  board  shall  be  deemed  final  or  binding  unless  it 
shall  have  received  the  approval  of  four  members  of  the  board, 
whose  names  shall  be  recorded  in  the  minutes. 

Sec.  12.  Be  it  further  enacted,  etc.,  That  it  shall  be  lawful 
for  the  commissioners  to  put  to  w^ork  on  said  park  all  male  per- 
sons committed  to  the  workhouse  by  any  Recorder  or  jus- 
tice of  the  peace,  and  all  male  persons  sentenced  to  imprison- 
ment in  the  parish  prison  by  the  district  court  for  burglary,  lar- 
ceny, perjury,  robbery  and  vagrancy.  And  it  shall  be  lawful  for 
the  commissioners  to  establish  and  maintain  a  bridge  across  the 
New  Canal,  between  the  Metairie  road  and  the  lake ;  provided, 
that  it  be  so  built  as  to  let  pass  all  vessels  using  said  canal. 

Sec.  13.  Be  it  further  enacted,  etc.,  That  the  said  commission- 
ers are  hereby  authorized  to  purchase,  receive  and  hold  such  real 
estate  between  the  Metairie  road  and  the  Lake  Pontchartrain  as 
may  be  necessary  and  convenient  in  accomplishing  the  objects 
for  which  said  commissioners  are  appointed.  They  may,  by 
their  agents,   surveyors,  engineers  and  servants  enter  upon   all 


586  PAKKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

lands  and  teciements  between  the  Metairie  road  and  Lake 
Pontchartrain  upon  which  they  may  eonelude  to  establish  said 
park,  and  survey  and  lay  out  and  construct  the  same,  and 
may  agree  and  contract  for  the  land  with  the  owner  of 
the  land,  which  they  may  tbink  necessary  for  the  park. 
If  said  land  belong  to  the  estate  of  any  deceased  person, 
then  with  the  executor  or  administrator  of  such,  or  in  case  of  the 
same  belonging  to  a  minor  or  person  non  compos  mentis,  then  with 
his  or  her  guardian  or  tutor,  or  in  case  said  lands  be  held  by 
trustees  of  school  sections  or  other  representatives  of  estates, 
then  with  such  representatives.  And  said  executors,  administra- 
tors, tutors,  guardians  and  representatives  are  hereby  declared 
competent  for  such  estate,  person  or  minor,  to  contract  with  said 
commissioners  to  use,  occupy  and  possess  the  lands  of  such 
estates,  persons  and  minors,  so  far  as  may  be  useful  or  necessarj' 
lor  the  purposes  of  the  park;  and  the  act  or  deed  of  such  execu- 
tors, administrators,  tutors,  guardians  or  representatives  in 
relation  thereto  shall  pass  a  title  iu  such  lands  in  the  same  man- 
ner as  if  the  said  deed  or  act  was  made  or  done  by  a  legal  owner 
of  full  age  and  sound  mind;  and  such  executor,  administrator, 
tutor,  guardian  or  representative  snail  account  to  those  interested 
in  their  respective  bonds  for  the  amount  paid  him  in  pursuance 
of  such  agreement  and  composition;  and  if  said  commissioners 
and  the  parties  representing  lands  prefer  they  may  refer  the 
question  of  compensation  to  arbitrators,  mutually  chosen,  whose 
award  or  that  of  their  umpire  (in  case  of  disagreement)  shall 
vest  title  according  to  its  terms. 

Sec.  14.  Be  it  furthei  enacted,  etc.,  That  if  said  Commissioners 
are  unable  to  agree  for  the  purchase  of  any  real  estate  required 
for  the  use  and  purposes  of  said  Commissioners,  as  provided  in 
the  preceding  section,  or  are  unable  to  obtain  the  title  thereon, 
they  shall  have  the  right  to  obtain  title  of  the  same  in  the  follow- 
ing manner:  The  said  Commissioners  may  apply  to  any  of  the 
district  courts  for  the  parish  of  Orleans  for  the  appointment  of 
appraisers.  The  application  shall  substantially  set  forth  and 
state — 

First— It  must  be  entitled  so  as  to  describe  the  court  wherein  or 
the  judge  to  whom  the  application  is  made,  and  the  character  of 
the  application. 

Second — The  real  estate  which  the  Commissioners  seek  to  ac- 
quire must  be  described  by  metes  and  bounds;  and  several  par- 
cels of  land,  owned  by  different  persons,  may  be  included  in  one 
application. 

Third — That  the  Commissioners  have  not  been  able  to  acquire 
the  land  and  the  reason  of  such  inability. 

Fourth — The  names  of  all  owners  or  parties  interested  in  said 
real  estate,  so  far  as  the  same  are  known  to  the  applicant,  must 
.be  set  forth,  and   if  not  known  the  fact  must  be  stated.     A  copy 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  587 

of  such  application,  and  notice  of  the  time  and  place  the  same 
will  be  presented,  must  be  served  on  all  persons  named  in  said 
application,  as  owners  or  interested  in  said  real  estate,  at  least 
ten  daj-s  prior  to  the  presentation  of  the  same;  provided,  such 
owners  so  named  (and)  [are]  residents,  and  can  be  found  within 
the  State  of  Louisiana,  and  are  not  infants,  idiots  or  persons  of  un- 
sound mind ;  in  that  case,  upon  their  tutors,  curators  or  guardians. 

Sec.  15.  Be  it  further  enacted,  etc..  That  on  presentation  of  the 
application  to  the  court  or  judge  therein  named,  and  no  person 
appearing  to  oppose  said  application,  and  whenever  it  shall  sat- 
isfactorily appear  from  said  application  and  proofs  thereunto  at- 
tached, that  service  of  notice  of  the  time  and  place  of  the  pres- 
entation of  said  application  upon  all  the  owners  and  persons  in- 
terested in  said  land  has  been  made,  the  said  court  shall  forth- 
with make  an  order  appointing  three  disinterested  and  com- 
petent freeholders,  who  reside  in  the  city  of  New  Orleans,  as  ap- 
praisers to  ascertain  and  appraise  the  value  of  said  lands,  or  com- 
pensation to  be  made  to  those  interested  in  the  lands  proposed  to 
be  taken  by  said  commissioners  for  their  purposes;  the  apprais- 
ers shall  make  a  report  in  writing  to  the  court,  and,  if  not  op- 
posed within  ten  days,  the  same  shall  be  confirmed  by  the  court, 
and  an  order  shall  be  made  reciting  the  proceedings  of  the  ap- 
praisal, the  confirmation  of  the  same,  and  a  description  of  the 
real  estate,  and  directing  to  whom  the  money  or  value  of  said 
real  estate  is  to  be  paid,  or  in  what  manner  the  same  shall  be  de- 
posited by  said  commissioners  for  the  use  and  benefit  of  said  own-  , 
ers.  And  if  any  person  shall  appear  to  oppose  the  confirmation 
of  said  report,  the  said  court  shall  hear  the  parties  for  and 
against  such  confirmation,  and  if  said  court  shall  decide  against 
such  contirmation,  an  order  shall  be  entered  directing  said  ap- 
praisers or  other  appraisers  to  proceed  to  a  reappraisal  of  the 
said  premises,  and  the  report  of  said  appraisers  shall  be  final, 
and  shall  be  confirmed  by  said  court;  and  the  order  of  said  court 
confirming  any  appraisal  as  aforesaid  shall  be  final  and  conclu- 
give  on  all  parties  interested;  provided,  that  an  appeal  will  lie 
to  the  Supreme  Court.       , 

Sec.  16.  Be  it  further  enacted,  etc.,  That  the  order  of  said  court 
confirming  an  appraisal  of  lands  as  heretofore  provided,  or  a  certi- 
fied copy  of  the  same  shall  be  filed  in  the  office  of  the  Recorder  of 
Conveyances  for  the  parish  wherein  the  land  is  situated,  and  there 
shall  remain  a  record;  and  such  order  so  entered  and  recorded 
shall  vest  in  said  commissioners  the  lands  described  therein,  and 
such  estate  as  may  therein  be  set  forth  on  the  payment  or  tender 
of  payment  or  deposit  of  the  amount  of  the  appraisal  and  damages 
by  said  company,  as  provided  in  said  order;  and  said  order,  or  a 
duly  certified  copy  thereof,  with  proof  of  such  payment  and  de- 
posit as  therein  provided,  will  be  considered  as  legal  evidence  of 
the  title  and  estate  of  the  commissioners  to  the  real  estate. 


588  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

Sec.  17.  Be  it  fxirther  enacted,  etc..  That  said  commissioners 
may  drain  into  the  New  Canal  all  the  lands  constituting  the  park; 
and  in  case  they  should  determine  to  do  their  own  drainage  the 
said  lands  shall  not  be  liable  to  any  drainage  tax. 

Sec.  18.  Be  it  further  enacted.,  etc..  That  the  said  commissioners 
are  authorized  and  empowered  from  time  to  time  to  borrow 
money  for  the  purpose  of  constructing  said  park,  and  as  evidence 
of  the  indebtedness  of  said  commissioners  for  such  loans,  they  may 
issue  their  corporate  bonds  or  promissorj-  notes,  bearing  interest 
at  a  rate  not  to  exceed  8  per  cent,  per  annum ;  and  to  secure 
the  payment  of  said  bonds  and  note  may  mortgage  its  real 
and  personal  propertj%  as  well  as  the  land  now  belonging 
to  the  city  of  Xew  Orleans,  known  as  the  City  Park;  and  the 
said  commissioners  may  sell,  dispose  of  or  negotiate  said  bonds 
or  notes  at  such  times  and  places  and  at  such  rates  and  for  such 
prices,  either  within  or  without  the  limits  of  this  State,  as  in  their 
judgment  will  best  advance  their  interests;  and  if  such  bonds  or 
notes  are  thus  sold  at  a  discount  such  sale  shall  be  in  all  respects 
valid  and  binding  for  the  par  value  thereof,  as  if  the  same  had 
been  sold  at  par  value. 

Sec.  20.  Be  it  further  enacted,  etc..  That  this  act  shall  be  favor- 
ably construed  so  as  to  favor  all  the  purposes  and  objects  of  the 
same,  and  the  operations  of  the  provisions  thereof,  and  shall  take 
effect  from  and  after  its  passage. 

•  Act  No.  87  of  1877.  Extra  Session. 

To  abolish  the  Board  of  Commissioners  styled  "The  Commis- 
sioners of  the  New  Orleans  Park;""  to  repeal  all  laws  impos- 
ing a  special  tax  for  the  New  Orleans  Park,  and  confer  upon 
the  city  of  New  Orleans  all  the  powers  and  duties  heretofore 
imposed  upon  the  Commissioners  of  the  New  Orleans  Park. 

Section  1.  Be  it  enatted  by  the  Senate  and  House  of  Representa- 
tives of  the  State  of  Louisiana,  in  General  Assembly  convened.  That 
the  otttce  of  the  Commissioners  of  the  New  Orleans  Park  be  and 
the  same  is  hereby  abolished ;  that  the  special  tax  for  the  park 
be  and  the  same  is  hereby  abolished,  apd  that  all  the  powers  and 
duties  conferred  on  the  Park  Commissioners  by  Act  84  of  Extra 
Session  of  one  thousand  eight  hundred  and  seventy,  entitled  '*An 
act  to  establish  a  public  park  for  the  city  of  New  Orleans,  and  to 
provide  means  therefor,"'  and  the  amendments  thereto,  are  hereby 
conferred  on  and  transferred  to  the  City  Council  of  New  Orleans. 

See  State  ex  rel.  Carondelet  Canal  and  Nav.  Co,  vs.  Pilsbury, 
30  An.  705. 

Whereas,  Act  No.  87  of  the  General  Assembly  of 
1877,  approved  April  20,  1877,  abolished  the  Board  of 
Commissioners  of  the  New  Orleans  Park,  and  provides 
that  all  the   powders   and   duties  conferred   on  the   said 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  589 

commissioners  are  conferred  on  and  transferred  to  the 
City  Council ;  therefore,  be  it  resolved. 

Art.  1483.  That  the  Administrator  of   Police,  shall  Administrator 

.  of  Police. 

have  general  superintendence  of  the  property  known  as    juiv,  1877. 

A.  S,  4021. 

the  City  Park,  situated  in  the  Second  District,  and  also 
of  the  tract  of  land  situated  in  the  Seventh  District,  pur- 
chased by  the  commissioners  from  the  Foucher  egtate 
for  the  purpose  of  a  park.  That  he  shall  report  to  the 
Council  the  present  condition  of  said  properties,  par- 
ticularly as  regards  the  fences  enclosing  the  same ; 
also  if  the  said  grounds  are  in  charge  of  keepers  ap- 
pointed by  the  late  commissioners,  and  if  so,  how  they 
are  employed,  whether  by  the  month  or  contract,  in  form 
of  lease,  the  amount  of  salary  or  compensation  agreed  to 
be  paid  them,  how  paid,  and  if  the  said  grounds  have 
been  used  with  the  sanction  and  authority  of  the  com- 
missioners, or  otherwise,  for  the  pasturage  of  horses, 
cattle,  etc. ,  for  hire ;  the  amount  of  revenues  received 
from  said  source  annually. 
Art.  1484.  (5)  Vehicles  of  all  descriptions  are  here- Vehicles, boot- 

1  1  -1  •       T    P  T  -1         •  -1  -.  •        blacks,  etc. 

by  prohibited  from  standing  around  said  squares,  and  it  ib. 

is  also  made  unlawful  for  bootblacks,  candy  sellers, 
peanut  vendors,  patient  medicinemen,  or  peddlers  of  any 
other  description,  to  ply  their  avocations  in  or  around 
said  squares  or  parks. 

Art.  1485.   (6)  Whoever   shall     violate  any  of    the    penalty, 
sections  of  this  ordinance  shall,  upon  conviction  thereof,  ^^' 

be  fined  not  more  than  ten  dollars  or  imprisoned  not 
more  than  ten  days,  by  the  Recorder  of  the  district  who 
may  have  jurisdiction  over  the  matter. 

AUDUBON   PARK. 

Upper  City  Park  and  St.  Charles  Avenue. 

Art.  1486.  (1)  That  there  be  and  is  hereby  created  Board  of  Com- 
a  Board  of  Commissioners,  to  be  entrusted  with  the  "elated."  ^  "^ ^ 
management  and  control  of  the  Upper  City  Park  and  c.  s'.  '  "*'  ' 
neutral  ground  on  St.  Charles  avenue,  to  be  named  and  ^''^  25,1886. 
styled  "The  Commissioners  of  the  Upper  City  Park  and 
St.  Charles  Avenue." 


590  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

bo^rd™''*"'  °^  ^^'^-  1^^^-  (-)  "^^^^  ^'^^^  Board  of  Commissioners 
^''- shall  be  composed  of  twenty-four  persons,  three  of 
whom  shall  be  the  Mayor,  Commissioner  of  Public 
Buildings  and  Commissioner  of  Public  Works,  and  no 
action  of  the  board  shall  be  deemed  final  or  binding 
unless  it  shall  have  received  the  approval  of  at  least 
seven  members  of  the  board,  whose  names  shall  be  re- 
corded in  the  minutes. 

Appointment.  Art.  1488.  (3)  That  the  Mayor,  Commissioner  of 
*  Public  Works  and  Commissioner  of  Police  and  Public 
Buildings  shall  be  permanent  members  of  said  board, 
and  the  other  members  of  said  Board  of  Commissioners 
shall  be  appointed  by  the  Mayor,  and  of  those  who  shall 
constitute  the  first  board,  under  this  ordinance,  seven 
shall  be  appointed  for  two  years,  seven  for  four  years, 
and  seven  for  six  years,  and  thereafter  all  appointments 
on  said  board  shall  be  for  the  term  of  six  years  5  that 
said  commissioners  shall  receive  no  compensation  for 
their  services  as  commissioners.  In  case  of  vacancy 
the  same  shall  be  filled  by  the  remaining  members  of 
said  board  for  the  residue  of  the  term  then  vacant,  and 
all  vacancies  caused  by  expiration  of  term  of  office,  or 
neglect  or  incapacity  of  qualification,  shall  be  filled  by 
the  Mayor,  and  the  said  Board  of  Commissioners  shall 
at  all  times  be  so  constituted  that  each  district  of  the 
city  shall  have  at  least  one  representative  in  the  person 
of  a  citizen  resident  of  said  district  as  a  member  of  said 
Board  of  Commissioners. 

Powers  of.^^         j^^^     -^^gg     ^^^  rpj^^^  ^^^  ^^.^  ^^^^^  ^j^^jj  ^^^^  ^^^  ^^^j 

and  exclusive  power  to  govern,  manage  and  direct  the 
said  park  and  neutral  ground,  to  lay  out  and  regulate 
the  same,  to  pass  rules  and  regulations  for  the  govern- 
ment thereof  not  inconsistent  with  the  law  or  city  ordi- 
nances, to  elect  or  appoint  such  officers  and  committees 
as  they  may  deem  proper,  to  prescribe  and  define  their 
respective  duties  and  authority,  the  amount  of  their 
compensation;  provided,  that  neither  the  city  nor  said 
public  property  be  liable  therefor,  and  generally  to  do 
all  things  in  regard  to  said  park  and  neutral  ground, 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  591 

the  ornamentation  and  beautifying  same  for  the  health, 
pleasure,  instruction  and  enjoyment  of  the  people. 

Art.  1490,  (5)  That  the  said  commissioners,  nor  any  commissioners 

^     ■'  T  J       not  to   be  in- 

of  them,  shall   ever,  directly   or  indirectly,  be  in   any    g^'^^lfj^*^  p"" 
way   interested   in   any  contract  or  work   of  any  kind  ^^' 

wiiatever  connected  with  said  park  or  neutral  ground,  or 
privilege  granted  thereon,  and  if  the  Mayor  shall  be 
satisfied  that  any  of  said  commissioners  have  violated 
this  provision,  after  he  shall  have  heard  said  commis- 
sioner in  regard  thereto,  he  shall  immediately  remove 
the  commissioner  thus  offending. 

Art.  1491    (6)  That  the  said  Board  of  Commission- couections  and 

^     '  disburse- 

ers  be  and  they  are  authorized  and  empowered  to  collect,  ments.  ^^ 
receive  and  expend,  according  to  their  discretion,  for  the 
purposes  herein  set  forth,  all  and  any  donations,  sub- 
scriptions, contributions,  funds  which  may  be  provided 
by  the  municipal  corporation,  the  fines  hereinafter  pro- 
vided for,  and  the  rents,  revenues  and  moneys  which 
may  be  derived  from  said  property  entrusted  to  their 
management  and  control,  or  from  the  products  thereof 
and  privileges  granted  thereon. 

Art.  1492.   (7)  That  the  said  Board  of  Commissioners    When  to  re - 
shall   annually,    and   in  the  month  of  January  in  each       "  ib. 

year,  make  to  the  City  Council  a  full  report  of  their 
proceedings  and  a  statement  of  their  receipts  and  ex- 
penditures. 

Art.  1493.  (8)  That  the  waterworks  and  police  force  PoUce  comroi. 
required  for  said  property  shall  continue  under  the  con-  ^^* 

trol  and  be  maintained  by  the  city. 

Art.  1494.  (9)  That  it  shall  be  lawful  for  said  Board  of  Rules  and  regu- 
Commissioners,  at  any  meeting  thereof  duly  convened,  '  *  ib. 
to  pass  such  rules  and  regulations  as  they  may  deem 
necessary  for  the  government  of  said  park,  not  incon- 
sistent with  the  ordinances  and  regulations  of  the  city ; 
such  rules  and  regulations  shall,  immediately  after  their 
passage,  be  reported  to  the  Council. 

Art.  1495.  (10)   That  all  persons   offending  against    Penalty, 
such  rules  and  regulations    shall   be   deemed   guilty   of 
misdemeanor,  and  be  punished  on  conviction  before  the 
Mayor,  Recorder,  or  any  magistrate,  by  a  fine  not  ex 


592  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

ceeding  twenty-five  dollars,  and  in  default  of  payment 

by   imprisonment  not   exceeding  thirty  days,  and   the 

fines  collected,  as  well  as  all  fines  collected  for  violation 

of  any  city  ordinance  within  the  limits  or  upon  the  said 

park  or  neutral  ground,  shall  be  paid  to  the  Board  of 

Commissioners  to  be  used  for  the  said  park  and  neutral 

ground. 

Purposes  of     Art.  1496.  (11)  That  nothing  herein  shall  be  so  con- 
park  not  to  be  ^  .  ^        ^  1  ,,        n      j^-       ^-  ^^1 

changed.  strucd  as  in  any  manner  to  change  the  destination  oi  the 
park  or  neutral  ground  designated  as  places  of  public 
resort  and  use,  the  enjoyment  of  which  shall  be  open 
and  common  to  all,  subject  only  to  the  police  power  to 
preserve  order  and  protect  property  and  rights. 

Art.  1497.  (12)  That  all  ordinances  or  parts  of  ordi- 
nances contrary  to,  in  conflict  with,  or  upon  the  same 
subject  matter,  are  hereby  repealed. 

Change  of     Art.  1498.  (1)  That  in  consideration  of   the  distin- 
"*oid.  No.i8s4,  guished  abilities  of  the  late  John  James  Audubon  as  an 

July  13,  1886.  ornithologist  and  an  artist,  his  many  virtues  as  an  exem- 
plary gentleman,  and  the  high  honor  he  reflected  upon 
this  his  native  State,  from  and  after  the  passage  and 
promulgation  of  this  ordinance  the  Upper  City  Park 
shall  be  named  and  known  as  Audubon  Park. 

Rules  and     Art.  1499.  (1)  The  drives  will  be  open  to  the  public 

regulations  for  ^     '  .  „  •  j.        r» 

government  of  solcly  for  plcasurc  riding  or  driving  from  sunrise  to  9 
0rd.N0.9797,  o'clock  p.  M.     Animals  used  upon  these  drives  will  not 
Oct.  2,  1894.  be  allowed  to  move  at  a  faster  rate  of  speed  than  eight 
(8)  miles  an  hour. 

2.  No  horse  or  vehicle  of  any  description  will  be 
allowed  upon  any  part  of  said  park  except  upon  the 
drives  or  other  places  appropriated  for  horses  and  car- 
riages. • 

3.  No  express  wagon,  either  with  or  without  passen- 
gers, nor  any  cart,  dray,  wagon,  or  any  other  vehicle 
carrying  goods,  merchandise,  manure,  etc.,  or  which  is 
ordinarily  used  for  such  purposes,  shall  be  allowed  on 
any  part  of  said  park,  excepting  the  Magazine  street  road, 
running  through  the  park. 

4.  It  shall  not  be  lawful  for  any  person  to  discharge 
firearms,  cannons,  or  fireworks  of  any'  kind,  except  by 


PAHKS.    S(^)rAKKS    AND    XKUTHAl.    (iKOlNDS.  593 

permission  of  the  Park  Commissioners.  Nor  shall  any 
one  set  up,  erect,  or  place  upon  or  within  the  said  park 
any  shelter,  booth,  or  any  other  structure,  or  any  post 
or  signs,  or  display  any  card  signs,  or  printed  or  written 
notice. 

5.  Nor  shall  any  person  in  any  manner  cut,  injure  or 
deface  any  tree,  shrub,  plant  or  grass,  or  any  fence  or 
other  erection  thereon. 

6.  No  person  shall  use  any  loud,  threatening,  abusive 
or  indecent  language,  nor  throw  stones  or  other  missiles, 
or  exhibit  any  show  or  play  any  games  of  chance,  or  do 
an}^  obscene  or  indecent  or  unlawful  act  whatsoever  upon 
the  park  grounds. 

7.  No  cattle,  horses,  goats,  swine,  nor  poultry  of  any 
description  will  be  allowed  to  stray  within  or  upon  the 
park  grounds. 

8.  No  carriage,  hack  or  other  vehicle  for  hire  shall 
stand  anywhere  within  said  park  for  the  purpose  of 
soliciting  or  inviting  passengers,  except  by  special  per- 
mit from  the  commissioners. 

9.  Bicycle  races  upon  any  of  the  drives  or  walks  shall 
not  be  allowed. 

10.  The  trapping  of  birds  shall  not  be  allowed. 

11.  Any  person  or  persons  violating  any  of  the  pro-  Penalty, 
visions  of  this  ordinance  shall  be  subject  to  arrest,  and 
on  conviction  be  punished  by  a  fine  of  not  less  than  two 
dollars  and  fifty  cents  nor  more  than  ten  dollars,  and 
costs,  and  if  such  fines  and  costs  shall  not  be  paid  shall 

be  imprisoned  at  least  one  day  for  every  dollar  of  such 
fine  and  costs  that  shall  remain  unpaid.  All  said  fines 
to  be  paid  to  the  commissioners  of  Audubon  Park  for 
the  benefit  of  said  park.  » 

That   His   Honor,  the   Mayor,  be  and   he  is   hereby    city  Park 
authorized   and  empowered   to  receive   from  the  Hon.   ord.'No.3S99, 
Joseph  N.  Hardy,  City  Treasurer,  all  the  paid  City  Park  March  12, 18S9. 
notes,  secured   in   their   payment   by  mortgage  on   the 
Foucher  tract,    of    which   the   City  or   Audubon    Park 
forms  part,  and  to  appear  before  the  City  Notary  with 
said  notes  and  execute  an  act  of  release  of  mortgage, 
releasing  the  mortgages  and  assumptions  of  mortgages 


lb. 


594  PARKS,    SQUARES    AND   NEUTRAL   GROUNDS. 

on  the  whole  of  said  Foucher  tract,  as  fully  described 
in  an  act  of  sale  from  the  heirs  of  Foucher  to  M.  A, 
Southworth  and  Robert  Bloomer,  passed  before  Edward 
G.  Gottschalk,  late  a  notary  public  in  this  city,  on  the 
5th  day  of  May,  A.  D.  1871,  also  in  the  city's  act  of 
purchase  passed  before  P.  C.  Cuvillier,  late  a  notary 
public  in  this  city,  on  the  15th  day  of  August,  1871,  to 
the  extent  of  the  paid  notes  only ;  that  after  having 
executed  said  act  said  notes  shall  be  returned  to  the 
custody  of  the  City  Treasurer. 

SUGAR   EXPERIMENTAL   STATIO.V. 

Terms  of  Art.  1500.  (1)  A  portiou  of  said  park,  the  upper 
iween  the  Com- river  comcr  thereof,  consisting  of  about  fifty  acres  of 
Audubon  Park  land  commenciug  at  the  levee  or  public  road  and  the 
ana    Scientific  uppcr  Uuc  of  the  park  and  running  along  the  upper  line 

ur"ai    As"ocia-  thcrcof  to  Magazinc  street,  with  the lower  line 

embellish  ment  cxtcnding  ouly  so  far  into  the  park  as  not  to  in  any  way 
Audu'bon' Park,  interfere   with  Horticultural  Hall,  the  roadway  around 
c.  s.' '  °'  ^^^^'  the  same  or  the  trees  in  the  park  (the  more  exact  limits 
12.1889.^^  be  accurately  defined  by  a  sketch  or  plan),  shall  be 
set  aside  for  the  location  thereon  of  the  Sugar  Experi- 
mental Station,  and  for  the  use  and  purposes  of  said 
association,  with  the  right  to  obtain  its  required  supply 
of  water  from  the  river  in  such  manner  as  shall  not 
interfere  with  public  rights  and  park  government.     The 
purposes   of   said  association  being   understood  to   be 
ornamental,      botanical,     chemical,      mechanical      and 
agricultural  experiments, 

2.  In  the  use  of  said  tract  of  land  by  said  association, 
and  in  the  construction  of  buildings  for  its  purposes,  a 
due  and  proper  regard  shall  be  had  for  the  appearance 
and  interests  of  the  park,  so  that  the  whole  shall  con- 
form, as  far  as  possible,  to  the  pleasure  and  benefit  of 
the  public  and  the  present  as  well  as  future  embellish- 
ment of  the  park. 

3.  The  whole  of  said  tract  of  land  shall  be  cultivated 
or  kept  in  an  improved  and  attractive  condition  and  the 
structures  thereon  shall  be  maintained  in  proper  repair. 
All  the  necessary  fences  around  and  on   said   tract   or 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  595 

portion  of  the  park  shall  be  wholly  constructed  and 
maintained  by  the  said  association,  and  a  fence  shall  be 
erected  and  maintained  by  said  association  on  the  true 
upper  line  of  the  park,  instead  of  where  the  fence  now 
is,  as  far  as  said  tract  extends  along  said  upper  line. 

4.  No  more  than  ten  acres  of  said  tract  shall  ever  be 
planted  in  or  devoted  to  cane,  including  all  varieties  and 
kinds,  and  all  land  planted  in  or  devoted  to  cane  shall 
be  divided  into  plots  of  not  more  than  half  an  acre  in 
width,  with  openings  and  passage  ways  between  said 
plots  of  at  least  fifteen  feet  width,  and  the  cultivation 
of  and  experiments  with  other  plants  and  products  shall 
be  so  conducted  by  said  station  as  will  make  of  said  tract, 
as  nearly  as  possible,  a  botanical  garden,  and  tend  to 
the  education  and  pleasure  of  the  people. 

5.  That  said  tract  or  portion  of  the  park  shall  be  open 
to  the  public,  under  such  rules,  regulations  and  police 
restrictions  as  may  be  deemed  necessary  and  proper  by 
the  park  commissioners  and  the  executive  committee  of 
the  Scientific  and  Agricultural  Association,  and  the  said 
association  shall  maintain  peace  and  good  order  among 
its  employees  on  said  park. 

6.  That  in  further  consideration  of  the  privilege 
herein  granted  the  said  association  agrees  to  take  charge 
and  hereby  assumes  the  entire  control  of  Horticultural 
Hall,  subject  to  such  rules  and  regulations  as  may  be 
agreed  upon  by  the  park  commissioners  and  the  execu- 
tive committee  of  the  association,  and  said  association 
hereby  agrees  to  contribute  annually  five  hundred  dollars 
to  the  maintenance  and  care  of  Horticultural  Hall, 
plants  therein,  and  grounds  and  plants  within  the  circle 
immediately  around  said  hall,  and  the  services  of  the 
director  and  employees  of  the  said  station  and  associa- 
tion shall  also  be  furnished  free,  and  the  park  com- 
missioners agree,  on  their  part,  to  appropriate  for  same 
purposes,  one  thousand  dollars  annually  out  of 
any  revenue  or  receipts  from  private  subscriptions  (pro- 
vided the  present  debt  of  about  one  thousand  two  hun- 
dred dollars  be  first  paid).  In  case  of  disagreement 
between   the    park    commissioners    and    the   executive 


596  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

committee,  one  arbitrator  shall  be  appointed  by  the 
commissioners  and  one  by  the  executive  committee, 
and  the  arbitrators  so  appointed  shall  select  the  third, 
and  the  difference  shall  be  settled  by  a  majority  of  said 
three  arbitrators.  It  is  further  agreed  that  the  associa- 
tion shall  have  the  right  to  erect  one  dwelling  and  one 
laboratory  upon  the  location  to  be  selected  by  the  park 
commissioners,  and  which  buildings  shall,  at  the  ter- 
mination of  this  agreement,  either  be  removed  by  the 
association  or  taken  at  a  fair  appraised  valuation  by  the 
park  commissioners,  at  the  option  of  the  latter. 

Provided,  further,  that  equal  opportunities  shall  be  af- 
forded city  and  country  youths  for  the  study  of  the 
growth  of  cane,  manufacture  of  sugar  and  for  the  en- 
joyment of  the  advantages  to  be  derived  from  the  Ex- 
periment Station  and  the  laboratory  thereof. 

7.  That  said  park  commissioners  shall  use  their  in- 
fluence in  securing  from  the  city  authorities  proper 
police  protection  for  the  grounds,  buildings  and  prop- 
erty of  said  association. 

8.  That  the  boilers,  engine,  and  other  machinery,  now 
located  on  the  said  tract  of  fifty  acres,  may  be  used  by 
the  said  association  without  compensation  until  required 
or  called  for  by  the  city  authorities  or  by  the  park  com- 
missioners. 

9.  That  the  privileges  herein  granted,  subject  to  the 
conditions  and  restrictions  stated,  shall  continue  for  ten 
years  from  the  date  thereof. 

10.  That  any  improvements  and  buildings  that  the  said 
association  may  place  upon  said  tract  or  portion  of  this 
park  may  be  removed  by  the  association  at  the  termina- 
tion of  this. agreement. 

That  all  plants,  trees,  etc.,  placed  in  the  park  shall 
remain  the  property  of  the  park  after  the  termination  of 
agreement  and  privilege. 

11.  That  at  the  expiration  of  these  privileges  the  said 
association  shall  leave  said  park  and  deliver  said  tract  of 
about  fifty  acres  in  a  level  and  clean  condition,  and  of  at 
least  the  same  height  it  now  is,  and  well  fenced 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  597 

Art.  1501.  That  the  City  Surveyor  be  and  he  is  here-  ^^or/No^bJ? 
by  authorized   and  directed   to   do,  or  have  done,   such^-s. 

•^  '  '  Dec.  6.  1887. 

surveying  work  upon  Audubon  Park,  and  to  furnish 
levels,  lines,  grades,  etc.,  relative  thereto  as  may  be 
from  time  to  time  requested  of  him  by  the  commis- 
sioners of  Audubon  Park  and  St.  Charles  avenue. 

LOWER   CITY   PARK. 

Art.  1502.  (1)  That  the  management  and  control  of  \ew  Orleans 
the  Lower  City  Park  be  and  is  hereby  entrusted  to  the  mem  Associa- 
New Orleans  City  Park  Improvement  Association,  vvith  park. 

Art.  1503.   (2)  The  said   association  shall   have   thee. s.     °'^'^" 
full  and  exclusive  power  to  govern,   manage  and  direct      "^•*'' 
the  said  park,  to  lay  out  and  regulate  the  same,  to  pass 
rules  and  ordinances   for  the  government  thereof,  not 
inconsistent  with  the  law  of  the  city  ordinances,  to  elect     Government, 

.     ,  1         /v»  1  •  1  management 

or  appoint  such  omcers  and  committees  as  they  may  ami  direction, 
deem  proper,  to  prescribe  and  define  their  respective 
duties  and  authority,  to  fix  the  amount  of  compensation 
of  their  employees  ;  provided,  that  neither  the  city  nor 
said  park  be  liable  therefor,  and  generally  to  do  all 
things  in  regard  to  the  said  park  tending  to  the  orna- 
mentation and  beautifying  of  the  same  for  the  health, 
pleasure,  instruction  and  enjoyment  of  the  people. 

Art.  1504.  (3)  The  said  association  is  authorized  to  col-    Authority  to 

^     '  collect,  receive 

lect,  receive  and  expend,  according  to  its  discretion,  for-i"<^  exnend 

'  f  7  &  ■)  donations. 

the  purposes  herein  set  forth,    any   and   all   donations,  ^^ 

subscriptions,  contributions  and  funds  which  may  be 
provided  by  the  Municipal  Corporation,  the  fines,  here- 
inafter provided  for,  and  the  rents,  revenues  and  moneys 
which  may  be  derived  from  said  property  entrusted  to 
its  management  and  control,  or  from  the  products  there- 
of and  privileges  granted  thereon. 

Art.  1505.  (4)  It  shall  be  lawful  for  said  association,    an"If  r^eguil- 
at  any   meeting  thereof  duly   convened,    to    pass  such    """^'       ib 
rules,  regulations   and   ordinances   as   they   may  deem 
necessary  for  the  government   of   said  park   not  incon- 
sistent" with  the  ordinances  and   regulations  of  the  city. 

Art.  1506.  (5)  All  persons  offending   against  or  vio-    Penalty, 
lating  any  of  said  rules,    regulations   and   ordinances, 


598  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

shall  be  deemed  guilty  of  misdemeanor  aad  be  punished, 
on  conviction  before  the  Recorder  having  jurisdiction, 
by  fine  not  exceeding  ($25)  twenty-five  dollars,  and  in 
default  of  payment  by  imprisonment  not  exceeding  (30) 
thirty  days,  or  both,  at  the  discretion  of  the  Recorder, 
and  the  fines  collected,  as  well  as  any  other  fines  re- 
ceived for  violation  of  any  city  ordinance  within  the 
limits  of  said  park,  shall  be  paid  to  the  association  for 
the  benefit  of  said  park 
City  Engineer.  Art.  1507.  (6)  All  plans  aud  specifications  for  the 
■  improvement  to  be  made  by  said  association  shall  be 
submitted  to  the  City  Engineer  for  approval. 

Place  of  pub-  Art.  1508.  (7)  It  is  understood  that  nothing  herein 
lb.  shall  be  construed  as  in  any  manner  to  change  the  des- 
tination of  the  park  as  a  place  of  public  resort,  the  use 
and  enjoyment  of  which  shall  be  open  to  all,  subject 
only  to  the  police  power  for  the  preservation  of  order 
and  the  protection  of  property  rights. 

Repealing     Art.  1509.  (8)  All  ordiuauccs  Or  parts  of  ordinances 
lb.  contrary  to,  in  conflict  with  or  upon   the    same    subject 
matter,  are  hereby  repealed. 


clause 


ANNUNCIATION  PARK. 

Board  of     Art.  1510.  (1)  That  the   following   named   persons 

Commissioners  •     ,      -,  •       •  iiii  pa 

ord.  No.  3C4,  arc  appointed  commissioners  to  take  charge  of  Annunci- 
May, 22, 18S3. ation  Park,  viz. :  C.  K.  Hall,  chairman;  I.  N.  Marks, 
E.  K.  Bryant,  James  D.  Hayden,  Bernard  Klotz,  James 
Jackson,  Rev.  Thomas  Heslin  and  Wm.  Bogel,  and  to 
Powers  of.  them  are  granted  all  the  powers  given  by  exi  sting  ordi- 
nances to  the  commissioners  of  other  public  parks  or 
squares. 

BEAUREGARD  SQUARE. 

Change  of  Art.  1511.  (1)  That  the  name  of  the  square  now 
known  as  the  Fillmore  Square,  in  the  Fourth  District 
of  this  city,  be  changed  and  be  hereafter  known  and 
named  Beauregard  Square. 

Art,  1512.  That  in  memory  of  that  distinguished 
soldier,  patriot  and  citizen,  Gen.  G.  T.  Beauregard,  and 
in  recognition  of  his  life-long  devotion  and  services  to 


name 


PARKS,    SQUARES   AND   NEUTRAL   GROUNDS.  599 

the  State  of  Louisiana  and  her  people,  it  is  the  sense  of  ^  ^  S^'e^Tr  o  m 
this  Council  that  the  square  formerly  known  as  Congo  ^„°"|°au^regard 
Square,    bounded  by   Rampart,   St.    Claude,   St.  Peter  s^"^^^«j^^^^^^^ 
and  St.  Ann  streets,  shall  hereafter  be  known  as  Beau-^^=^^,^  28,1893. 
regard  Square ;  and   the   commissioners  of  said  square 
are  hereby  requested  to  join  their  efforts  with  those  of 
the  Confederate  Veteran  Associations  in  securing  a  suit- 
able monument  of  General  Beauregard  and  to  otherwise 
beautify  said  square  in  a  manner  befitting  so  worthy  a 
name. 

Art.  1.513.  (2)  P.   O.   Fazende,  who  shall  be  chair-    Board. 

^     '  Ord.  Mo.  7136, 

man   thereof,    and  Messrs.  Charles   Lafitte,  H.  Gaily,  a.  s. 
Jules  C.  Denis,   Charles  E.  Schmidt,  Leon  Joubert,  Jo- 
seph Bayle,  John  Glynn,  Jr.,  and  Francis  Masich. 

Art.  1514.   (2)  Said  Board  of   Commissioners   shall    organization 

.  1  1  1  1         •         of  Board. 

have  the  power  to  organize  themselves  by  the  election  ib 

or  appointment  of  such  officers  (except  as  hereinbefore 
specified)  and  committees  as  they  may  deejn  proper, 
and  adopt  such  rules  and  regulations  or  by-laws  as  they 
mayconsider  useful  or  necessary ;  provided,  same  be  not 
inconsistent  with  law  or  city  ordinances ;  they  shall 
have  the  power  to  fill  vacancies  created  on  the  boards  by 
any  cause  whatsoever. 

Art.  151"),  (3)  That  said  Boards  of  Commissioners  and  Power  o» 
said  commissioner  for  Lafayette  Square  shall  be  and  are  """"'^^  ib. 
hereby  authorized,  immediately  on  the  adoption  of  this 
ordinance,  to  assume  and  undertake  the  sole  and  exclu- 
sive control,  management  and  supervision  of  the  public 
squares,  respectively,  designated  as  places  of  public  re- 
sort for  the  amusement  and  recreation  of  the  people. 

Art.  1516.  (4)  The  object  of  this  ordinance  and  the        Exclusive 
expressed  intention  of  the  citizens   hereinbefore  desig-  "       ib 

nated  being  the  improvement  of  said  squares  at  their 
own  expense  or  with  such  other  means  as  they  shall 
themselves  provide,  through  private  contribution  or 
otherwise,  without  cost  to  the  municipal  corporation, 
said  commissioner  or  Board  of  Commissioners,  are 
hereby  specially  empowered  and  authorized  to  have  such 
work  done  in  said  squares,  and  alterations  made,  as  to 
them  shall  seem  proper  to  ornament  and  beautify  same 


600  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

and   conduce   to   the   pleasure    and   enjoyment   of   the 
people,  in  their  own  full  and  final  discretion,  without 
interference  on  the  part  of  the  municipal  authorities. 
Improvement     Art.  1517.  Said    commissioners    are    authorized    to 

or  squares. 

Jt*- change  or  remove  existing  enclosures,  railings,  benches, 
etc.,  if  necessary  to  the  work  of  improvements,  as  they 
may  design,  and  dispose  of  same,  the  proceeds  to  be 
expended  in  the  work  of  improvement  on  the  respective 
squares. 

Police,  Art.  1518.   (5)  The  municipal   government    retains 

'  only  the  power  and  duty  to  properly  police  said  squares, 
and  such  special  ordinances  or  measures  shall  be  adopt- 
ed in  this  respect  as  may  be  necessary  to  protect  the 
work  of  the  commissioners,  and  guarantee  to  the  citi- 
zens the  full  and  free  enjoyment  of  said  squares  or 
public  places. 

Free  access.  Art.  1519.  (6)  Nothing  herein  shall  be  so  construed 
'  as  in  any  manner  to  change  the  destination  of  the 
squares  designated  as  places  of  public  resort,  the  enjoy- 
ment of  which  shall  be  open  and  common  to  all,  subject 
only  to  the  police  power  to  preserve  order  and  protect 
property  herein  already  provided. 

CANAL   STREET,  PROM  CLAIBORNE  TO  METAIRIE   ROAD. 

Creating      Art.  1520.  That   there   be   and   is  hereby  created   a 
missioners.       Board  of  Commissioncrs  for  the  improvement  of   Canal 
c'  s.  °' '°'  ^'  street,  from  Claiborne   street  to  Metairie  road,  and  that 
^^  ^  '^   "'  said  commissioners  be  invested   with  all  the   necessary 
powers  for   the   improvement  and   protection  of   Canal 
street  that  is  vested   with  the  Board  of   Commissioners 
of  St.  Charles  avenue. 
Mayor  to  ap-      Art.  1521  That  tlic  Mayor  is  hereby  empowered  to  ap- 
*""*•         lb.  point  the  following-named   gentlemen  to  serve  as  com- 
missioners who   shall   manage  the  affairs  of   said  Canal 
street,  and  the  said  Board  of  Commissioners  are  hereby 
empowered  to  fill  all  vacancies  on  the  said  board  occa- 
sioned by  death,  resignation  or  removal: 
t-omm  ssioners     Johu  Fltzpatrlck,  M.   H.  Mclllvain,  Albert  Paul,    R. 
^^•H.    A.    Mooney,    Dr.    G.  P.  Maloney,   Albert   P.    Noll, 
Adolph  Konrad,  P.  J.  Tyrell,  Jos.  R.  Schmide,  R.   Tan- 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  601 

neret,  Remy  Klocke,  Barker  Harrison,.  Geo.  Wiegand, 
L.  W.  Brown,  Walter  H.  Rogers,  R.  J.  Beltram,  Chas. 
A.  Orleans,  H.  McManus,  Peter  Blaise,  John  A.  Duffy, 
Geo.  Redersheimer,  L.  J.  McLaughlin,  A.  Adler  Jas.  J. 
Woulfe,  Hicky  Friedrichs,    F.    P.  Rivet,  S.  L.  Vacarro. 

CARROLLTON    AVENUE,    PROM    LEVEE    TO    GREEN    STREET. 

Art.  1522.  That  the  Mayor  be  and  he  is  hereby  au-     \i  avor  to 

.  ,   .  ,  <-»  •       appoint    Board 

thorized  and  directed  to  appoint  thirteen  (13)  commis- ot commission- 
sioners,  who  shall  be  vested  with  the  power  of  beautify-   o'rd.  N0.9812, 
ing,    ornamenting    and   improving   CarroUton    avenue,    June  5,  1894. 
from  the  Levee  to  Green  street,  Seventh  District,  and 
said  commissioners  are  hereby  authorized  to  disburse  all 
moneys  donated  or  otherwise  received  for  this  purpose. 

CLEVELAND    PARK. 

Art.  1523.  (1)  That  the  neutral  ground  on  Claiborne    Boundaries, 
street,  from  Canal  street  to  the  site  upon  which  is  con-  c.  s.  '  °' ' 
structed  the  Claiborne  Market,  be  and  the  same  is  here- ord!"N'o.^  8836, 
by  set  apart  as  a  public  park  for  the  enjoyment  and  use 
of  the  public  generally,  under  the  exclusive  control  and      "^p°^^ 
supervision   of   a   Board   of   Commissioners  to  be   ap- troi  "of^com" 
pointed  by  the  Mayor. 

Art.  1524.  (2)  That  for  the  purpose  of  beautifying,  Number  of 
ornamenting  and  improving  the  said  park,  the  Mayor  ib. 

shall  appoint  a  board  of  fifteen  commissioners ;  said 
commissioners  shall  take  control  of  said  grounds  and 
make  such  changes  and  improvements  as  they  may  deem 
necessary  to  convert  same  into  a  public  park ;  they 
shall  be  authorized  to  make  all  collections  and  receive 
all  moneys,  and  make  such  contracts  as  may  be  necessary 
for  the  improvement  of  the  park. 

Art.  1525.  (3)  That  said  park  shall  be  known  and  Cleveland 
is  hereby  designated  as  Cleveland  Park,  and  this  ordi-  ^^''^'  ib. 
nance  shall  go  into  effect  from  and  after  its  passage. 

Art.  1526.  That  all  of  that  portion  of  the  neutral  Extending 
ground  on  Claiborne  street,  between  Common  street  and  Ord.  .\o.'9836, 
Tulane  avenue  and  Julia  street,  be  and  is  hereby  added  bet.  .6, 1S94. 
to  the  Cleveland  Park  as  originally  laid  out. 


Powers  of. 


602  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

Commili,one*s     ^^'^-  l'^^^"  "^^^^  ^^^    Mayor  be  and   is   hereby  em- 
^''- powered  to  appoint  seven  (7)  additional  persons  as  park 

commissioners  to  serve  with  those  already  appointed  as 

park  commissioners  of  Cleveland  Park 
KepeaiingOrd.     Art.  1528.  That  Ordinance  No.   7916,  A.   S.,  be  and 

No.   7916,     \  '  ' 

s.,  and  annul- the  same  is  hereby  repealed,   and  the  notarial  act  evi- 

iiig   lease    01  ./  I-  7 

t  ia^"&^'ajdencing  any  contract  of  lease  thereunder  be  revoked  and 

gn.u  .d  cor- set  asidc,  and  the  Mayor  be   authorized  and  empowered 

ave^n^uo  and  to  take  such  actiou  as   may  be  necessary  to  carry  into 

Ord  No.  10,846.  effect  the  purpose  of  this  resolution. 

june4  1S95.       Art.  1529.  That  the  said  triangular  piece  of  ground 

Adding:  sam^-be  and  is  hereby  set  aside  and  deyoted  to  public  use  and 

Park.        '     made  part  of   the  public  park,  known  as   the  Cleveland 

■  Park,  and  the  commissioners  of  said  Cleveland  Park  aie 

empowered  to  embellish  the  same,  and  to   provide  rules 

and  regulations  for  the  government  and  maintenance  of 

the  said  triangular  piece  of  ground  with  the  balance  of 

said  Cleveland  Park. 


CLAIBORNE   STREET,  FROM   ESPLANADE  TO  ELYSIAN  FIELDS. 

Board  of  Com       Art.  1580.  (1)  That  the  ucutral  grouud  ou  Claibomc 

misMoners.  ^     '  ^ 

^Ord  ^o  634S,  street,  from   Esplanade   to    Elysian   Fields   streets,  be 
.May  17, 1892.  placed  in  charge  of  a  Board  of  Commissioners  to  consist 
of  live  members,  to  be  appointed  hereafter.     The  pur- 
pose of  said  commissioners  being  the  improvement  and 
beautifying  of  said  neutral  ground. 
Powers  and      Art.  1531.  (2)  That   Said   Board   of   Commissioners 
lb.  shall  be  invested  with  the  same  powers  and  authority  as 
is     conferred    upon    commissioners     appointed    under 
Ordinance  7949,  A.  S. 


authority. 


ESPLANADE   STREET,  FROM   RIVER  TO  GALVEZ    STREET. 

Board  of  Art.  1532.  That  there  be  and  is  hereby  created  a 
oTT.Ti'o.Mo'i  Board  of  Commissioners  to  be  entrusted  with  the  im- 
^N^'v.  2o  .S64.  provement  and  embellishment  of  Esplanade  street  and 
ordl'NlK'o.al",  neutral  ground  thereof,  from  the  river  to  Bayou  St. 
^K  b.  s,  1895.  John,  and  that  the  said  commission  is  hereby  invested 
with  all  the  necessary  powers  to  emprove  and  embellish 
said  avenue,  as  well  as  to  replace  the  decayed  and  miss- 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  603 

ing  trees  on  said  u antral  ground,  and  to  trim  and  place 
in  shapely  condition  those  now  standing  thereon. 

Art.  1533.  That  the  following  named  be  and  are  here-    subscriptions 
by  constituted  the  said  Board  of  Commissioners  for  the 
purposes  hereinbefore  set  forth,   and  are   hereby   duly 
authorized  to  raise  by  voluntarily  subscription  the  neces- 
sary amounts  to  carry  out  their  designs : 

A.  L.  Tissot,  Paul  Capdeville,  Charles  Trumpy,  Leon  commissionees 
(libert,  Victor  J.  Botto,  O.  A.  Schneidau,  Hypolite  Lar- 
roussini,  L.  H.  Gardner,  E.  J.  Soniat,  Jas.  Fahey,  J. 
Numa  Augustin,  Chas.  Claiborne,  James  Thibaut,  P.  A. 
Lelong,  John  Glynn,  Jr.,  August  Salaun,  Jr.,  Gasper 
Cusachs,  D.  G.  Baldwin,  Victor  Viosca,  Dr.  F.Formento, 
Geo.  H.  Dunbar,  Dr.  J.  N.  Charbonnet. 

Art.  1534,  (3)  The  commissioners  appointed  herein  to    Powers, 
have  all  of  the  powers  granted  to  the  Board  of  Commis- 
sioners of  St.  Charles  avenue. 

Art.  1535.  That  the  commissioners  of  Esplanade  ave-       Additional 
nue  be  and  they  are  hereby  authorized  to  improve,  em-  o^d'N^o.To.gM', 
hellish  and  to  transform  into  a  garden-like  spot  the  tri-  ^junezs,  1895. 
angle  lot  of  ground  situated  at  Dupre,  Gayosa  and  Espla- 
nade avenue. 

Art.  153G.  That  the  City  Engineer  do  furnish  such 
plans  and  specifications  for  said  purpose  to  said  commis- 
sioners whenever  80  requested  by  them  officially. 

South    Franklin    Street,    between    Calliope    and 
Jackson  Streets. 


Art.  1537.  That  the  Mayor  be  and  is   hereby  author 
ized  to  appoint  a  Board  of  Commissioners,  to  consist  of  o?d.  N0.11.078 
nine  members,  for   the  care   and   beautifying  of    South  ^ juiy  30^  ,595. 
Franklin  street,  between  Calliope  and   Jackson   streets. 

Art.  1538.     That  said  board  shall  have  the  power  to    povrers 
establish  such  police  regulations,  with  the   power  to  en-  i''- 

force  same,  as  will  protect  said  contemplated  improve- 
ments ;  provided,  such  regulations,  etc.,  will  not  be  in 
conflict  with  city  ordinances  or  laws  governing  such 
matters. 


Board  of 
Commissioners 


604  PARKS,    SC^UARES   AND   NEUTRAL   GROUNDS. 


GENTILLY  AVENUE. 

Board  ot     Art.  1539.  That   there   be  and  is  hereby  created    a 

Commissioners  -r-.  ,  ^  .       . 

ord.  No.  to.37s.  Board  or  Commissioners  for  the  improvement  of  Gen- 
.tilly  avenue,  and  that  said  commissioners  be  invested 
with  all  the  necessary  powers  for  the  improvement  and 
protection  of  said  Gentilly  avenue  that  is  vested  with 
the  Board  of  Commissioners  of  St.  Charles  avenue. 

poYn^r'^  '°  ^'"  That  the  Mayor  is  hereby  empowered  to  appoint  the 
^^-  following-named  gentlemen  to  serve  as  commissioners 
from  the  membership  of  Gentilly  Avenue  Improvement 
Association,  who  shall  manage  the  affairs  of  said  avenue  ; 
and  the  said  Board  of  Commissioners  are  hereby  em- 
powered to  fill  all  vacancies  occurring  on  the  said  board 
occasioned  by  death,  resignation  or  removal,  upon  the 
recommendation  of  said  Gentilly  Avenue  Improvement 
Association : 

commissiorers  Aiit.  P.  Aguclly,  X.  GriUot,  C.  Grillot,  A.  Hubert, 
M.  Lorenz,  E.  Reboul,  J.  P.  Schemel,  Gus.  Seeger, 
Major  E.  W.  Kelly,  F.  Tricou,  H.  Wiedenbroker,  Judge 
J.  C.  Walker,  F.  Schaeffer,  Jr.,  Ed  Aurianne,  Jos. 
Parnin  and  L.  Fatze. 


.lACKSON    SQUARE. 

Board  of  Com-      Art.  1540.   (1)  That  there  be  and  is  hereby  created 

missioners.  ^     '_  "^ 

Ord.  N0.7741,  a  Board  of  Commissioners,  to  be  composed  of  the  follow- 
Aprii.1,1882.  ing-named  gentlemen,  to-wit:  Joseph  Llado,  as  chair- 
man ;  Alphonse  Baudeau,  Charles  LeBreton,  J.  A. 
Larose,  James  Thebaut,  Charles  Perrilliat  and  John 
Bonnot,  and  they  are  hereby  entrusted  with  the  man- 
agement of  said  square  or  park  for  the  purposes  and 
with  the  powers  hereinafter  defined,  to-wit: 
lowers  of.^^  ^RT.  1541.  (2)  That  said  Board  of  Commissioners 
shall  have  the  power  to  organize  themselves  by  the  elec- 
tion and  appointment  of  such  officers  (except  as  herein- 
before specified)  and  committees  as  they  may  deem 
proper,  and  adopt  such  rules  and  regulations  or  bylaws 
as  they  may  consider  useful  or  necessary;  provided,  the 
same  be  not  inconsistent  with  law  or  citv  ordinances. 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  605 

They  shall  have  the  power  to  till  vacancies  created  by 
the  board  for  any  cause  whatever. 

Art.  1542.  (3)  That  said   Board   of  Commissioners    when  to  as - 
shall  be  and  ai-e  hereby  authorized,  immediately  on  the  ib. 

adoption  of  this  ordinance,  to  assume  and  undertake  the 
sole  and  exclusive  control,  management  and  supervis- 
ion of  said  square  or  park,  designated  as  a  place  of 
resort  for  the  amusement  and  recreation  of  the  people. 

Art.  1543.  (4)  That  the  object  of  this  ordinance  and  object  of  ordi- 
tlie  expressed  intention  of  the  citizens  hereinbefore  des-  "'^"*^'^-  j^ 
ignated  being  the  improvement  of  said  square  or  park 
at  their  own  expense,  or  with  such  other  means  as  they 
shall  themselves  j)rovide,  through  private  contributions 
or  otherwise,  without  cost  to  the  municipal  corporation, 
said  Board  of  Commissioners  are  hereby  specially  em- 
powered and  authorized  to  have  such  work  done  in  said 
square  or  park,  and  alterations  made,  as  they  shall  deem 
proper  to  ornament  and  beautify  the  same  and  conduce 
to  the  pleasure  and  enjoyment  of  the  people,  in  their 
own  full  and  final  discretion,  without  interference  on  the 
part  of  the  municipal  authorities.  Said  commissioners 
are  authorized  to  change  or  remove  existing  enclosures, 
railings,  benches,  etc.,  if  necessary  to  the  work  of  im- 
provements, as  they  may  design,  and  dispose  of  the  same, 
the  proceeds  to  be  expended  in  the  work  of  improve- 
ment on  said  square  or  park. 

Art.  1544.  (5)  That  the  municipal  government  re-  Rights  re- 
tains only  the  power  and  duty  to  'properly  police  said  ib. 
square  or  park,  and  such  special  ordinances  or  measures 
shall  be  adopted  in  this  respect  as  may  be  necessary  to 
protect  the  work  of  the  commissioners  and  guarantee  to 
the  citizens  the  full  and  free  enjoyment  of  said  square 
or  park. 

Art.  1545.  (6)  That  nothing  herein  shall  be  so  con- ordinance  con- 
strued as  in  any  manner  to  change  the  designation  of    *  ''^^  '     ib. 
said  square  or  park  designated  as  a  'place  of  public  re- 
sort, the  enjoyment  of  which  shall  be  open  and  common 
to  all,  subject  only  to  the  police  power  to  preserve  order 
and  protect  property  herein  already  provided. 


606  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 


JAMISON  PARK. 

Location.  Art.  1546.  That  neutral  ground  on  Howard  avenue, 

c.  sV    °    ^'from    Dryades    to   Baronne  street,    shall  hereafter  be 

Amended    by  t         •  r,^ 

ord.  \ 0.10,866.  known  as  Jamison  Place. 

une  13, 1   3.     ^jj^    1547.  That  the  Mayor  is  hereby  authorized  to 

Mayor  to  ap-  "^  *' 

point  commis-  apooint  uiuc  Commissioners  whose  duties  shall  be   to 

Sioners.  ^^ 

^^b  take  charge  and  embellish  and  beautify  the  said  site, 

and  who  be  vested  with  all  powers  and  rights  granted 

the  commissioners  of  other  parks  and  squares. 

ciius^e^^*'*"^     Art.  1548.  That  all  ordinances  or  parts  of  ordinances 

in  conflict  herewith  be  and  the  same  are  hereby  repealed. 

Electric  arm     Art.  1549.  That  the  several  companies  having  poles 

poles  removed  .  1  •  1  •  1  i    •         1 

Ord.  No.  10,136,  carrying  electric  or  other  wires  located  m  the  property 

Dec.'  26, 1894.  known  as  Jamison  Park  be  and  are  hereby  directed  to 

have  same  removed  from  the  park  and  placed  at  such 

locations  on  either  curb  line  of  the  sidewalk  on  Howard 

avenue  as  will  be  approved  by  the  City  Engineer. 

City  Engineer      Art.  1550.  That  the  City  Engineer  be  and  is  hereby 

"  directed  to  notify  the  different  companies  having  poles 

carrying  wires  and  located  as  above  to  cause  or  have  the 

said  poles  removed  at  once. 

.JEFFERSON    PARK. 

Location.  Art.  1551.  That  that  portion  of  the  neutral  ground  at 

Ord. No.  9689, 

c.  s.  the  head  of  Napoleon  avenue,    between  Tchoupitoulas 

"and  Waters  streets,  be  dedicated  as  a  park,  same  to  be 

known  as  Jefferson  Park. 

pohit^commtr.      ^^^'  1^^^-  "^^^^  *^®  Mayor  be  authorized  to  appoint 

^Ord^No     I-  ^  board  of  five  commissioners  to  have  control  of  and  im- 


^"oct  w  18      prove  the  Jefferson  Park. 


LOUISIANA   AVENUE. 

Board  of  Com-  Art.  1553.  That  there  be  and  is  hereby  created  a 
^d?No*^^"72,  Board  of  Commissioners  to  be  entrusted  with  the  man- 

^"nov.  13, 1894.  agement  and  control  of  Louisiana  avenue  and  the  neu- 
tral ground  thereof,  and  such  further  neutral  ground  as 
in  future  may  be  established  thereon,  which  said  board 
shall  be  styled  the  Board  of  Commissioners  of  Louisi- 
ana Avenue  and  Neutral  Ground  thereof. 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  607 

Art.   1554.   (2)  That  said  Board   of   Commissioners '^^'■'"r  °   ;'p- 

^     '  pomtment. 

shall   be   composed   of  fifteen    (15)    persons  to  be  ap-  ^''• 

pointed  by  the  Mayor,  five  of  whom  shall  be  appointed 
for  the  term  of  two  years ;  five  for  the  term  of  four 
years,  and  five  for  the  term  of  six  years ;  and  thereafter 
all  appointments  on  said  board  shall  be  for  the  term  of 
six  years ;  that  said  commissioners  shall  receive  no 
compensation;  that  in  case  of  vacancies,  the  same  shall 
be  filled  by  the  remaining  members  of  the  board  for  the 
residue  of  the  term  then  vacant,  and  all  vacancies  caused 
by  the  expiration  of  terms  of  office,  or  failure  or  inca- 
pacity to  qualify,  shall  be  filled  by  the  Mayor. 

Art.  1555.  (3)  That  said  board  shall  have  full  and  Powers  of 
exclusive  power  to  govern,  manage  and  (Jirect  the  said  ""^  '  ib. 
avenue  and  neutral  ground,  and  such  further  neutral 
ground  as  in  future  may  be  established  thereon ;  to  lay 
out  and  regulate  the  same ;  to  pass  rules  and  regulations 
for  the  government  thereof,  not  inconsistent  with  the 
law  or  city  ordinances ;  to  elect  or  appoint  such  officers 
and  committees  as  they  may  deem  proper ;  to  define  and 
prescribe  their  respective  duties  and  authority,  and  the 
amount  of  their  compensation ;  provided,  that  neither 
the  city  nor  said  public  property  be  liable  therefor,  and 
generally  said  board  shall  be  authorized  to  do  all  things 
tending  to  the  ornamentation  and  embellishment  of  the 
same  for  the  health,  pleasure,  instruction  and  enjoy- 
ment of  the  public. 

Art.  1556.  (4)  That  none  of  said  commissioners  shall    commission- 
ever  directly  or  indirectly   be  in  any  way  interested   in  from  being  in- 
any  contract   or  work  of   any   kind  whatsoever  on  said  tracts, 
avenue  or  neutral  ground,  or  privilege  granted  thereon ; 
and  that  if  the  Mayor  shall  be  satisfied   that  any  of  the 
said  commissioners  shall  have  violated   this   provision, 
after  he  shall   have   heard   said  commissioner,  he  shall 
immediately  remove  the  commissioner  or  commissioners 
thus  offending. 

Art.  1557.  (5)  That  the  said  Board  of  Commissioners       Donations, 
be  and  they  ate  hereby  authorized  and  empowered  to  ib. 

collect  and  receive,  and  to  expend  according  to  their 
discretion  for  the  purposes  herein  set  forth,  all  and  any 


608  PARKS,    SC^UARES    AND    NEUTRAL    HROUNDS. 

donations,  contributions,  subscriptions,  funds  that  may 
be  provided  by  the  municipal  corporation,  the  funds 
hereinafter  provided  for,  and  the  revenues  and  moneys 
which  may  be  derived  from  said  property  entrusted  to 
its  management  and  control,  or  from  the  products 
thereof  and  the  privileges  granted  thereon. 
piaYe  "\v  o 'o 'cT.  ^^T.  1558.  (6)  That  it  shall  be  unlawful  for  any 
stone,  brick, pgj.gQjj  qj.  persous  to  placc  or  throw  on  the  neutral 
^''•ground  of  Louisiana  avenue  any  wood,  stone,  brick, 
lime,  cement,  asphalt,  shells  or  any  other  paving  or 
building  materials,  or  rubbish  or  trash  of  any  kind 
whatsoever,  or  any  goods  of  any  character.  It  shall 
also  be  unlawful  for  any  person  or  persons  to  plant  or 
place  on  said  neutral  ground  any  object  or  plant  of 
whatsoever  kind,  whether  it  be  ornamental  or  otherwise, 
or  to  dig  into  or  upturn  the  earth  of  said  neutral  ground, 
without  first  obtaining  the  consent  and  approval  of  the 
Board  of  Commissioners  created  by  this  ordinance.  It 
shall  also  be  unlawful  for  any  person  or  persons  to  ride 
on  horseback,  or  to  drive  any  animal  or  vehicle,  or  turn 
out  any  cattle,  or  in  any  manner  feed  or  exercise  the 
same,  on  the  neutral  ground  of  Louisiana  avenue. 
Penalty  ^^  Art.  1559.  (7)  That  auy  pcrsou  or pcrsous  violatlugauy 
of  the  provisions  of  the  sixth  section  of  this  ordinance, 
or  offending  against  or  violating  any  rule  or  regulation 
made  by  the  said  Board  of  Commissioners  hereby  cre- 
ated, enacted  under  the  authority  conferred, in  section 
3  of  this  ordinance,  shall  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  a  fine  not  exceeding  twenty-five 
dollars  ($25),  or  suffer  imprisonment  for  a  term  of  not 
more  than  thirty  days  in  default  of  payment  of  said 
fine,  said  fine  or  imprisonment  to  be  imposed  by  the 
Recorder  of  the  district  in  which  the  offence  shall  be 
committed,  and  the  fines  so  imposed  and  collected,  as 
well  as  all  fines  collected  for  violation  of  any  city  ordi- 
nance within  the  limits  or  upon  Louisiana  avenue,  or 
the  neutral  ground  thereof,  shall  be  paid  one-half  to  the 
said  Board  of  Commissioners,  to  be  used  for  the  im- 
provement and  embellishment  of  the  said  avenue  and 
neutral  ground. 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  609 

Art.  1560.  (8)  That  nothing  herein  shall  be  construed  j^N«t4;>^i^^«[: 
as  in  any  manner  to  interfere  with  or  prohibit  the  railroads  ^°^^^-         j^ 
now  existing  or  grants  heretofore  made  from  repairing 
or  caring  for  their  tracks,  or  to  relieve  them  in  any  man- 
ner from  any  of  their  obligations  to  the  city  of  New  Or- 
leans. 

Art.  1561.  That  all  ordinances  or  parts  of  ordinances  ^i^^^^^p^^^'^s 
contrary  to  or  in  conflict  with  the  provisions  of  this  or- 
dinance be  and  the  same  are  hereby  repealed. 

ST.    ROCHE   AVENUE. 

Art.  1562.  That  the  Mayor  be  and  he  is  hereby  di-     Board  of 

.  .  Commissioners 

rected  and  authorized  to  appoint  the  followmg-namedord.  No.  11,525, 
gentlemen  as  a  Board  of  Commissioners  for  the  improve- 
ment of  St.  Roche  avenue,  from  St.  Claude  to  Roman 
streets ;  said  Board  of  Commissioners  to  have  all  the 
rights,  privileges  and  authority  vested  in  other  Boards 
of  Commissioners :  Pascal  Lamarque,  Capt.  Jno.  J. 
Williams,  Manuel  Joachin,  John  Conrad,  JohnCouchet, 
B.  Weib,  W.  R.  Nixon,  Jas.  Kennedy,  Wm.  Neil,  George 
Perry,  Paul  Dutel,  P.  A.  Carreras,  Jas  OUiphant,  John 
Kennedy,  Peter  Scott,  Henry  Bird,  Jos.  Bitters,  John 
Ferry,  Jos.  Lalal,  Peter  Everett. 

TRITON   WALK. 

Art.  1563.  (1)  Thatthe  neutral  ground  on  Triton  Walk,     Board  of 
from  Baronne  to  Rampart  street,  be  placed  in  charge  of  ^^o^d'^ilo'.Tglo! 
a   Board   of  Commissioners,    to   be  composed  of  John ''^ jungly  ,382. 
Boland,  Sr.,  John  Boland,  Jr.,  A.  J.    Ward  and  J.  A. 
Florat,  the  purpose  of  said  commissioners  being  the  im- 
provement and  beautifying  of  said  neutral  ground. 

Art.  1564.  (2)    That  said  Board  of  Commissioners    Powers  of. 
shall  be  invested  with  the  same  powers  and  authority 
as  conferred  upon  commissioners  appointed  under  Ordi- 
nance No.  7012,  A.  S. 

URSULINES   AVENUE. 

Art.  1565.  Thatthe  name  of  Ursulines  street,  from    Management 

.  '  and  control. 

Claiborne  to  Bayou   St.  John,  be  changed  to  Ursulines  ^.°^'^- ^°- 5639, 
avenue,   and  that  the    management  and  control  of  the   "sept.  29, 1891 


610  PARKS,    SQUARES   AND   NEUTRAL   GROUNDS. 

said  Ursiilines  avenue  be  and  is  hereby  entrusted  to  the 
Ursulines  Avenue  Improvement  Association,  from  Clai- 
borne to  Broad  street. 

Art.  1566.  That  the  following-named  persons :  Jo- 
seph Garcia,  Joseph  Bernard,  John  S.  Mioton,  Fillmore 
Delaup,  Felix  Bergeron,  Otto  T.  Maier,  Prosper  A.  Le 
Blanc,  Victor  J.  Joubert,  F .  Alcee  Allain  and  Louis  P. 
Deleroix,  constituting  the  Board  of  Commissioners  ap- 
pointed by  said  association ,  be  and  are  hereby  duly  com- 
missioned as  such  without  pay  from  the  city,  for  the 
term  ot  ten  years  from  September  1,  1891,  with  full 
power  to  fill  vacancies  in  their  number. 

Art.  1567.  (2)  The  said  association  shall  have  the 
full  and  exclusive  power  to  govern,  manage  and  direct 
the  said  Ursulines  avenue,  to  lay  out  and  regulate  the 
same;  to  pass  rules  and  ordinances  for  the  government 
thereof  not  inconsistent  with  the  law  or  the  city  ordi- 
nances ;  to  elect  and  appoint  such  officers  and  committees 
as  they  may  deem  proper ;  to  prescribe  and  define  their  re- 
spective duties  and  authority ;  to  fix  the  amount  of  com- 
pensation of  their  employees ;  provided,  that  neither  the 
city  nor  said  Ursulines  avenue  be  liable  therefor,  and 
generally  to  do  all  things  in  regard  to  said  Ursulines 
avenue  tending  to  the  ornamentation  and  beautifying  of 
the  same  for  the  health,  pleasure,  instruction  and  enjoy- 
ment of  the  people. 

ReTCBues.^^  Art.  1568.  (3)  The  said  association  is  authorized  to 
collect,  receive  and  expend,  according  to  its  discretion, 
for  the  purposes  herein  set  forth,  any  and  all  donations, 
subscriptions,  contributions  and  funds  which  may  be 
provided  by  the  municipal  corporation  or  otherwise,  the 
fines  hereinafter  provided  for,  and  the  revenues  and 
moneys  which  may  be  derived  from  said  property 
entrusted  to  its  management  and  control,  or  from  the 
products  thereof  and  privileges  granted  thereon, 

R  « 1  e  s  and      Art.  1569.(4)  It  sliall  be  lawful  for  said  association,  at 
regu  a  ions.  ^^  ^^^  mectiug  thcrcof  duly  convened,  to  pass  such  rules, 
regulations  and  ordinances  as  they  may  deem  necessary 
for  the  government  of  said  Ursulines  avenue,  not  incon- 
sistent with  the  ordinances  and  regulations  of  the   city. 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  611 

Art.  1570,  (5)  All  persons  offending  against  or  vio-  Penalty.  ^^ 
lating  any  of  said  rules,  regulations  and  ordinances, 
shall  be  deemed  guilty  of  misdemeanor  and  punished  on 
conviction  before  the  Recorder  having  jurisdiction,  by 
fine  not  exceeding  twenty-five  ($25)  dollars,  and  in  de- 
fault of  payment  by  imprisonment  not  exceeding  thirty 
(30)  days,  and  the  fines  collected,  as  well  as  any  other 
fines  received  for  violation  of  any  city  ordinance  with, 
in  the  limits  or  said  Ursulines  avenue,  shall  be  paid  to 
the  association  for  the  benefit  of  said  avenue. 

Art.  1571.  (6)  The  said  association  shall  have  power  to  Tr«es  and 
plant  trees  on  the  said  avenue,  and  it  shall  be  unlawful^  *"^^"  ib. 
for  any  person  to  destroy,  cut,  remove  or  tamper  with 
said  trees,  in  any  manner,  after  once  planted,  without 
first  the  consent  of  the  commissioners  of  the  said  as- 
sociation being  obtained.  It  shall  also  be  unlawful  for 
any  person  or  persons  to  interfere  with  any  one  of  the 
t^mployees  of  said  association  while  discharging  their 
duties  under  this  ordinance. 

Any   person  violating  this  section,    upon   conviction 
shall  be  punished  as  specified  in  section  5. 

Art.  1572.  (7)  All  plans  and  specifications  for  the  im-  city  Engineer, 
provement  to  be  made  by  said  association  shall  be  sub- 
mitted to  the  City  Engineer  for  approval. 

Art.  1573.  (8)  It  is  understood  that  nothing  herein  PubUc  drive, 
shall  be  so  construed  as  in  any  manner  to  change  the 
destination  of  said  avenue  as  a  place  of  public  drive, 
the  use  and  enjoyment  of  which  shall  be  opened  to  all, 
subject  to  the  police  power  for  preservation  of  order  and 
the  protection  of  property  and  rights. 

Art.  1574.  (9)  All  ordinances  or  parts  of  ordinances    Repealing 
contrary  to,  or  in  conflict  with,  or  upon  the  same  subject 
matter,  are  hereby  repealed. 

LEE    PLACE. 

Art.  1575.  (1)  That  the  public  park  in  the  First  Dis-    peHicationof 
trict  of  this  city  known  as  Tivoli  Circle,  be  and  the  same 
is  hereby  confided  to  the  charge  of  the  Lee  Monumental 
Association,  for  the  purpose   of  erecting  and  maintain- 
ing therein   a   monument  to   the    memory   of  General 


ment, 


612  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

Robert  E.  Lee,  subject  to  such  police  regulations  as  may 
be  adopted  and  approved  by  the  City  Council ;  and  pro- 
vided, that  the  erection  of  said  monument  shall  begin 
within  one  year  and  be  completed  within  five  years  from 
the  passage  and  promulgation  of  this  ordinance. 
L  ee  Monu-  ^^jjrp  157(5..  (2)  That  Said  association,  through  its 
president  or  authorized  agents,  shall  have  the  right  to 
enter  upon  the  ground  within  the  present  enclosure  and 
prosecute  such  works  as  may  be  considered  necessary 
tor  preparing  the  foundations  of  the  monument,  laying 
out  and  planting  shrubbery,  and  performing  all  such 
work  according  to  plan  as  may  be  adopted  to  carry  out 
the  object  in  view.  The  association  also  shall  have  the 
right  to  make  such  rules  with  regard  to  the  admission  of 
people  within  the  enclosure  during  the  progress  of  the 
work  as  will  not  interfere  with  the  prosecution  of  the 
same ;  provided,  however,  that  said  rules  are  not  in 
conflict  with  the  present  city  laws,  or  if  so,  shall  be 
especially  approved  by  the  City  Council ;  and  provided 
further,  that  the  property  in  and  about  said  circle  be  not 
disturbed. 

Art.  1577.  (3)  That  the  ground  within  the  enclosure 
to  be  so  improved  shall  be  dedicated  to  the  memory  of 
Gen.  Robert  E.  Lee,  and  as  soon  as  the  work  is  com- 
menced shall  thereafter  be  knewn  as  Lee  Place,  but  the 
name  of  the  outer  street  portion  shall  still  be  preserved 
under  the  designation  of  Tivoli  Circle. 


Tivoli  Circle 


LIBERTY   PLACE. 

Boundaries.       Art.   1578.  (1)  That   Ordinance   No.    8137,    A.    S., 

A°s^' ^°'^'^'' adopted  November  9,  1882,  be  and  the  same  is  hereby 

Nov  'S,  18S2.  j,gp^^jg^^    ^^^  ^j^^^    j^jj   ^^^^    portion   of  the     neutral 

ground   situated    on  Canal  street,  between  Wells   and 
Duty  of  Sur-  Delta  strccts,  or  as  much  thereof  as  may  be  necessary, 
"^y^"^-  to  be  specifically  defined  and  laid  out  by  the  City  Sur- 

veyor, be  and  the  same  is  hereby  set  apart  and  dedicated 
Designation  by  tlic  city  of  Ncw  Orlcaus,  as  a  public  place  or  site  to 
°^'  be  known  and  styled  as  the  Liberty  Place,  and  is  to  be 

used  exclusively  in  the  erection  of  a  monument  in  honor 
Object.  of  those  who  fell  in  defence  of  civil  liberty  and  home 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS,  613 

rule,  in  that  heroic  and  successful  struggle  of  the  14th 
of  September,  1874. 

Art.  1579.  (2)  That  the  following-named  gentlemen     Board  of 

.  .       .  »  •  T  Commissioners 

be   and   are   hereby  appointed   commissioners   of   said  ib. 

Liberty   Place,    to-wit  :    F.     N.    Ogden,     J.     Dickson 

Brims,  John  Glynn,  Jr.,  and  Frederick  G.  Freret,  they 

being   and   composing  the   original   committee   of    the 

Fourteenth  of    September    Monument   Association,    as 

per  their  petition   of   October  31,   1877,   on  file  in  the 

office  of  the  Secretary  of  the  City  Council. 

Art.  1580.  (3)  That  said  commissioners  be  and  are    Po^^^rs  of.^^ 
hereby  invested  with  all  necessary  powers  for  consum- 
mating the  objects,  purposes  and  intent  of  this  ordinance. 

MACARTHY    SQUARE. 

Art.  1581.  That  his  Honor  the  Mayor  be  and  is  here-    Mavor  toap- 

-^  point  Commis- 

bv  authorized  to   appoint  five    commissioners   for   Ma-  s'°""l:, 

Ord.  No.  5383, 

earthy  Square,  who  shall  have  all  the  power  and  authority  c.  s. 
conferred  on  commissioners  of  other  squares  and  parks. 


MARGARET  PLACE. 


Board  of 
mm  issioners 


Art.  1582.   (1)  That  there  be  and  is  hereby  created  aco 
Board  of  Commissioners,  to  be  composed  of  the  follow-  ^Ord.  No.  7949, 
ing-uamed  ladies,  to-wit:     Mrs.  Adam  Thomson,  chair-    "^"'^  '^''^^• 
man;  Mrs.  Thomas  Gilmore,  Mrs.  Henry  Beer,  and  they 
are  hereby  entrusted  with  the  management  of  said  Mar- 
garet Place,  for  the  purposes  and  with  the  powers  here- 
inafter defined,  to-wit: 

Art.  1583.  (2)  That  said  Board  of  Commissioners  Power  of.  ^^ 
shall  have  the  power  to  organize  themselves  by  the 
election  and  appointment  of  such  officers  (except  as 
hereinbefore  specified)  and  committees  as  they  may 
deem  proper,  and  adopt  such  rules  and  regulations  or 
by-laws  as  they  may  consider  useful  or  njjcessary ;  pro- 
vided, the  same  be  not  inconsistent  with  law  or  city  ordi- 
nances. They  shall  have  power  to  fill  vacancies  created 
by  the  board  for   any  cause  whatever. 

Art.  1584.  (3)  That  said  Board  of  Commissioners  To  assume 
shall  be  and  are  hereby  authorized,  immediately  on  the  '^°"  ^°  '  ib. 
adoption  of  this  ordinance,  to  assume  and  undertake  the 


614  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 

sole  and  exclusive  control,  management  and  supervision 
of  said  square  or  park,  designated  as  a  place  of  resort 
for  the  amusement  and  recreation  of  the  people. 
Object  of  ordi-      Art.  1585.   (4)  That  the  object  of  this  ordinance  and 
lb,  the   expressed   intention  of    the   citizens    hereinbefore 
designated   being  the   improvement  of   said  square  or 
park,  at  their  own  expense  or  with  such  other  means  as 
they  shall  themselves  provide,  through  private  contribu- 
tions or  otherwise,  without  cost  to  the  municipal  corpora- 
tion, said  Board  of  Commissioners  are  hereby  specially 
empowered  and  authorized  to  have  such  work  done   in 
said  square  or  park,  and  alterations  made  as  they  shall 
deem  proper  to  ornament  and  beautify  the  same  and  con- 
duce to  the  pleasure  and  enjoyment  of  the  people  in  their 
own  full  and  final  discretion,  without  interference  on  the 
part  of  the  municipal  authorities.     Said  commissioners 
are  authorized  to  change  or  remove  existing  enclosures, 
railing,  benches,  etc.,  if  necessary  to   the  work  of  im- 
provements, as  they  may  design,  and  dispose  of  same,  the 
proceeds  to  be  expended  in  the  work  of  improvement  on 
said  square  or  park. 
Rights  re-      Art.  1586.   (5)  That  the  municipal    government   re- 
served city.  ^^  ^g^^jjg  Qj^iy  ^}jg  power  and  duty  to   properly  police    said 
square  or  park,  and  such  special  ordinances  or  measures 
shall  be  adopted  in  this  respect  as  may  be  necessary   to 
protect  the  work  of  the  commissioners  and  guarantee  to 
the  citizens  the  full  and  free  enjoyment  of  said   square 
or  park. 
How  con-      Art.  1587.   (6)  That  nothing  herein  shall  be  so   con- 
strued.       ^^  strued  as  in  any  manner  to  change   the  designation   of 
said  square  or  park,  designated  as  a  place  of  public  re- 
sort, the  enjoyment  of  which  shall  be  open  and  common 
to  all,  subject  only  to  the  police  power  to  preserve  order 
and  protect  property  herein  already  provided. 
EBciosure  of     Art.  1588.  (1).  That  the  commissioucrs  of  Margaret 
o"rd"No.*8i32,  Place  are  hereby  authorized  to  enclose  the    surrounding 
Nov.  10, 1892.  banquettes,  and  to  make  them  a  part  of  said  place ;  pro- 
construction  yidcd,  that  sultablc  walks  be  constructed  through  said 

of  walks.  '  ■  ^  ^ 

place  for  the  convenience  of  the  public. 

Art.  1589.  That  so  much  of  that  portion  of   ground 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  615 

as  is  between  the  continuation  of  the  line  of  old  Camp  ^^^^J  d  i  t  i  onai 
street  and  that  of  new  Camp  street,  as  described  and  set^^'*^-  ^°-  "5, 
forth  on  a  plan  drawn  by  the   City   Surveyor,    dated    ^ec.  12. 1882. 

, ,  and  now  on  file  in  his    oflice,  be  and   is 

hereby  granted  to  the  commissioners  of  Margaret  Place 
and  shall  form  part  of  Margaret  Place. 

Art.  1590.  All  lines  and  grades  appertaining  to  said 
portion  of  ground  shall  be  established  and  furnished  by 
the  City  Surveyor. 

Art.  1591.   (1)  That  for  the  purpose  of  adding  to  the    Additions  to 
usefulness   of   Margaret  Place,  as  well  as  enhancing  its  Place, 
beauty  and  enlarging  its  area  for  the  recreation  and  pleas-  c.  s. ' 
ure  of  its  visitors,  that  portion  of   ground  embraced  be- 
tween the  line  of  curb  on  the  east  side  of  the  park  and  a 
line  45   feet   9    inches   from  the  east  property  line  on 
Camp  street,  between  Calliope  and  Clio  streets,  be  and 
the  same   is  hereby  declared  a   part  and  parcel  of  said 
Margaret  Park  or  place,  and  the  same   is   hereby  dedi- 
cated by  the  city  for  that  purpose. 

Art.  1592.  (2)  That  Ordinance   No.  16,  C.  S.,  defin- 
ing the  limits  of  Margaret  Place,  is  hereby  altered  and 
amended  so    as   to  conform   herewith,  and  the   map  or  Board  ot  com- 
plan  of  City  Surveyor,  marked  A  attached  hereto,  be  ap-  o^!n'o.To84s, 
proved  and  filed  as  of  record.  9^^^     j„ 

Art.  1593.  (3)  That  all  ordinances  in  conflict  here- 
with be  repealed. 

METAIRIE    PARK. 

Art.  1594.  That  the  Board  of  Directors  of  the  Me-  Boundary. 
tairie  Cemetery  Association  is  hereby  constituted  Com- 
missioners of  the  Metairie  Park,  and,  as  such,  is  hereby 
instructed  and  vested  with  the  exclusive  power  of  gov- 
ernment, management,  direction  and  control  of  the  said 
approaches  of  the  new  bridge  ov^r  the  New  Canal,  for 
a  distance  of  three  hundred  feet  each  way  from  said 
bridge  and  a  width  upon  each  side  of  said  canal  to  the 
extent  of  the  property  of  the  said  New  Basin  Canal  and 
Shell  Road,  all  in  accordance  with  said  agreement  and  as 
per  plan  hereinafter  mentioned ;  and  for  the  purpose  of 
such  management  and   control  said  park  commissioners 


616  PARKS,    SQUARES   AND   NEUTRAL   C4R0UNDS. 

Improvements  ^hall  have  power  to  adopt  such  rules  and  rej^ulations  as 
^^-  in  its  judgment  may  be  necessary  for  the  protection   of 
said  approaches  from  injury  or  vandalism. 

Unlawful  to     Art.  1595.  That  the   improvements   herein   contem- 
woTd,°st^on"  plated  shall  be  at  the   sole   expense  of  said  park  com- 
ib,  missioners,  plans  of  which  shall  first  be  submitted  to  the 
Council  for  approval.     Said  commissioners  shall  not  re- 
ceive any  compensation  from  the  city  of  New  Orleans. 

Art.  1596.  That  it  shall  be  iinlawful  for  any  person 
or  persons  to  place  or  throw  on  said  approaches  to  said 
new  bridge,  any  wood,  stone,  brick,  lime,  cement,  as- 
phalt, shells  or  any  other  paving  or  building  material, 
or  rubbish  or  trash  of  any  kind  whatsoever.  It  shall 
also  be  unlawful  for  any  person  or  persons  to  plant  or 
place  on  said  approaches  any  object  or  plant  of  whatso- 
ever kind  or  character,  whether  ornamental  or  otherwise, 
or  to  dig  into,  or  to  upturn  the  earth  of  said  approaches, 
Dr  in  any  manner  to  infringe  or  violate  any  of  the  rules 
and  regulations  of  said  park  commissioners  in  reference 
to  said  approaches,  without  first  obtaining  the  consent 
and  approval  of  said  park  commissioners. 

Penalty,  ^^  Art.  1597.  That  any  person  or  persons  violating  any 
of  the  foregoing  provisions  of  this  ordinance  shall  be 
deemed  guilty  of  a  misdemeanor,  and  be  punished,  on 
conviction,  by  a  fine  not  exceeding  twenty-five  dollars 
for  each  offence,  or,  in  default  of  payment,  by  impris- 
onment not  exceeding  thirty  days  5  said  fine  or  impris- 
onment to  be  imposed  by  the  Recorder  of  the  district  in 
which  said  offence  shall  have  been  committed. 

R  ep  e  ai i ng     Art.  1598.  That  all  ordinances  or  parts  of  ordinances 

lause. 

contrary  'to  or  in  conflict  with  this  ordinance  be  and  the 
same  are  hereby  repealed. 


MORRIS   PARK. 

Changing     Art.  1599.     That    the    square    formerly    known  as 
Douglas.  ''  Douglas  Square,"  bounded  by  Washington  avenue, 

c.  s.'    °'  '^  'Third,  Freret  and  Howard  avenue   or  St.  George  street, 
shall  hereafter  be  known  as  Morris  Park. 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  CI  7 


NAPOLEON  AVENUE. 

Art.  1600.  Creating  a  board  of  nine  (9)  commission-  Board  of  com- 

1  •  i?     -VT  1  r.  mi'sioners. 

ers  for  the   improvement    of   Napoleon    avenue    from   ord,  nc  9782. 
Tchoupitoulas  to  Claiborne  streets.  001.2,1894. 

Art.  1601.  That  Ordinance  No.  9872,  C.  S.,  an  ordi-  Powers, 
nance  creating  a  Board  of  Commissioners  for  Napoleon  c's. 
avenue  be  and  the  same  is  hereby  amended  to  confer 
upon  the  commissioners  appointed  under  said  ordinance 
the  same  power  as  given  to  the  Board  of  Commissioners 
of  St.  Charles  avenue,  as  contained  in  Ordinance  No. 
8927,  C.  S. 

NEWMAN   PARK. 

Whereas,  Mr.  Charles  Newman  and  neighbors  offer 
to  make  a  donation  pure  and  simple  and  irrevocable  unto 
the  city  of  New  Orleans  of  a  portion  of  ground  forming 
the  triangle  designated  by  the  No.  206,  bounded  by  Pry- 
tania,  Urania  and  Felicity  streets,  and  measuring  21 
feet  front  on  Prytania  street  by  a  depth  of  81  feet  on 
one  side  and  of  85  feet  on  the  other,  all  more  or  less,  on 
the  condition  that  the  same  be  forever  kept  and  dedi- 
cated to  the  uses  of  the  public  as  a  square  or  park. 

Art.  1602.  That  the  donation  of  said  portion  of  ground        '"onations 
is  hereby  formally  accepted  under  said  condition,  and  the   o-'J  no.7043» 
City  Notary  is  hereby  instructed  and  directed  to  prepare    Dec  27, 1893. 
the  act  necessary  to  transfer  the  ownership  of  the  same 
to  the  city,  and  his  Honor  the  Mayor  is  authorized  and 
requested  to  appear  in  said  act  to  accept  the  donation  in 
behalf  of  the  city. 

Art.  1603.  That  said  portion  of  ground  be  and  the  Ground  dedi- 
same  is  hereby  dedicated  for  said  purpose,  and  shall  ""ord." No.  8634, 
hereafter  be  known  as  Newman  Park.  ^'An.  23,  iSgi. 

Art.  1604.  That  the  Mayor  be  and  he  is  hereby  au-    Mayor  to  ap- 
thorized   and   directed  to   appoint  five  commissioners,  sionors.*"" 
who  shall  be  vested  with  the   power  of  beautifying,  or- 
namenting and  improving  said  park,  and  said  commis- 
sioners are  hereby  authorized  to  disburse  all  moneys  do- 
nated or  otherwise  received  for  this  purpose. 


lb. 


618  PARKS,    SQUARES   AND   NEUTRAL   GROUNDS. 


ORLEANS   AVENUE. 

Orleans  ave.,  Art.  1605.  (1)  That  the  BoRrd  of  Commissioners  of 
c1  a"^  d  e\na  the  Place  d'  Armes  Square,  in  the  Second  District  of  this 
co^mmVsio^nercity,  bc  and  is  hereby  authorized  to  assume  and  under- 
d' Armes  to  as- take  thc  solc  and  exclusive  control,  management  and 
s  u  m  e  coniro  g^pgj.yjgJQjj  qJ'  |^}jg  Orlcaus  avcuuc,  bctwceu  St.  Claude 
c,  s"!  '  ^  °*  ^^°'  and  Marais  streets,  for  the   purpose   of  improving  said 

Jan.  ic,  18S4. 

^'   ^  avenue. 

Said  work  to  be  done  under  the  supervision  of  the 
Commissioner  of  Public  Works  and  City  Surveyor,  and 
revocable  at  the  pleasure  of  the  Council. 

PARKERSON  PLACE. 

Dedicating     Art.  1606.  That  tangible  evidence  of  same  be  given 
''or'd.  No.  2924.  by  transforming  the   neutral    ground   of    Terpsichore 
May  1, 18S8.  street,  between  Prytania  and  Coliseum  streets,  into  an 
ornamental  park,    to     be  called    Parkerson    Place,     in 
honor  of  the  able  leader  of  the  above-named  organiza- 
tion,  and  that  the  Commissioner  of  Public  Works  be 
requested  and  instructed  to  execute  and  provide  for  the 
same. 
Mayor  to  ap-     Art.  1607.  That    the    Mayor  be    and   he   is   hereby 

point  Conimis-  .  .       . 

sioners.  authorizcd  and  empowered  to  appoint  a  commission  of 

Ord.  No.  5219,  ^        .  1  r.    ,  o    •  1 

c.  s  five  citizens  to  supervise  the  work  of  beautifying  and 

April  14,1891.  ^-  -D       ,  Dl 

ornamenting  Parkerson  Place. 

ST.    CHARLES   AVENUE. 

Board  of  Com-      Art.  1608.  That  there   be   and   is   hereby   created   a 

oid.^No.^6222,  Board  of  Commissioners,  to  be  entrusted  with  the  man- 
c  s 
April  5, 1892.  agement  and  control  of  said  St.   Charles  avenue  and  the 

said  neutral  ground  thereof,  to  be  named  and  styled  the 
Board  of  Commissioners  of  St.  Charles  Avenue  and 
Neutral  Ground  thereof. 
erm  o  o  ce.  j^^rj,  igoO.  (2)  That  the  said  Board  of  Commission- 
ers shall  be  composed  of  fifteen  persons  to  be  appointed 
by  the  Mayor,  five  of  whom  shall  be  appointed  for  the 
term  of  two  years,  five  for  the  term  of  four  years  and 
five  for  the  term  of  six  years ;  and  thereafter  all  ap- 
pointments on  said  board  shall  be  for  the  term  of  six 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  619 

years ;  that  said  commissioners  shall  receive  no  com- 
pensation as  commissioners ;  that  in  case  of  vacancy  the 
same  shall  be  filled  by  the  remaining  members  of  the 
board  for  the  residue  of  the  term  then  vacant,  and  all 
vacancies  caused  by  the  expiration  of  terms  of  office, 
or  neglect,  or  incapacity  of  qualification,  or  otherwise, 
shall-  be  filled  by  the  Mayor. 

Art.  1610.  (3)  That  said  board  shall  have  full  and  ex-    Powers  and 

,      , .  1-1  duties. 

elusive  power  to   govern,   manage   and   direct  the  said  ib. 

avenue  and  neutral  ground ;  to  lay  out  and  regulate  the 
same ;  to  pass  rules  and  regulations  for  the  government 
thereof,  not  inconsistent  with  the  law  or  city  ordinances ; 
to  elect  or  appoint  such  officers  and  committees  as  they 
may  deem  proper ;  to  describe  and  define  their  respec- 
tive duties  and  authority,  and  the  amount  of  their  com- 
pensation; provided,  that  neither  the  city  nor  said  public 
property  be  liable  therefor,  and  generally  to  do  all 
things  in  regard  to  said  St.  Charles  avenue  and  neutral 
ground  to  the  ornamentation  and  beautifying  of  the  same 
for  the  health,  pleasure,  instruction  and  enjoyment  of  the 
people. 

Art.  1611.  (4)  That  the  said  commissioners,  nor  any  of  interest  in  con- 

^     ^  'J  tracts   pro- 

them,  shall  ever  directly  or  indirectly  be  in  any  way  in-  hibi.ed. 
terested  in  any  contract  or  work  of  any  kind  whatsoever, 
connected  with  said  avenue  or  neutral  ground,  or  privi- 
lege granted  thereon ;  and  that  if  the  Mayor  shall  be 
satisfied  that  any  of  said  commissioners  shall  have  vio- 
lated this  provision,  after  he  shall  have  heard  said  com- 
missioner in  regard  thereto,  he  shall  immediately  re- 
move the  commissioner  or  commissioners  thus  offending. 

Art.  1612.  (5)  That  the  said  Board  of  Commissioners    Revenues, 
be  and  they  are  hereby  authorized   and   empowered  to  ^^' 

collect,  receive,  and  expend,  accordiHgto  their  discretion, 
for  the  purposes  herein  set  forth,  all  and  any  donations, 
contributions,  subscriptions,  funds  which  may  be  pro- 
vided by  the  municipal  corporation,  the  funds  hereinafter 
provided  for  and  the  revenues  and  moneys  which  may 
be  derived  from  said  property  entrusted  to  its  manage- 
ment and  control,  or  from  the  products  thereof  and 
privileges  granted  thereon. 


620  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS, 

lb. 

violating  any  rule  or  regulation  passed  by  said  Board  of 
Commissioners,  as  set  out  in  section  3  of  this  ordinance, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  be  pun- 
ished, on  conviction  before  the  Mayor,  Recorder,  or  any 
magistrate,  by  a  fine  not  exceeding  twenty-five  dollars, 
and  in  default  of  payment  by  imprisonment  not  exceed- 
ing thirty  days,  and  the  fine  collected,  as  well  as  all 
fines  collected  for  the  violation  of  any  city  ordinance 
within  the  limits  or  upon  St.  Charles  avenue  and  neutral 
ground,  shall  be  paid  to  the  said  Board  of  Commission- 
ers to  be  used  for  the  said  St.  Charles  avenue  and  neutral 
ground. 
re?erttoBolrd  ^RT.  1614.  (7)  That  should  from  any  cause  what- 
ers^o£A^idub°o"n socvcr  Said  Board  of  Commissioners  fail  to  qualify  or 
Park.  ^^  relinquish  the  control  of  or  neglect  to  care  for  said  St. 
Charles  avenue  and  neutral  ground,  the  supervision  and 
control  thereof  shall  of  right  revert  to  the  Board  of 
Commissioners  of  Audubon  Park,  as  originally  set  out 
in  Ordinance  No.  5639,  Council  Series,  and  all  powers 
and  rights  therein  set  out  shall  be  revived. 
Unlawful  to     Art.  1615.  That  it  shall  be  unlawful  for  any  person 

throw  or  place 

rubbish,  eic.     or  persons  to  place  or  throw  on  neutral  ground  or  St. 
0rd.N0.8g21        ^  ^  ■,•■,?• 

c.  s.  Charles  avenue  any  wood,  stone,  brick,  lime   cement. 

March  27,1894  .  ,      -i  t  •    1 

asphalt,  shells,  or  any  other  paving  or  building  material,, 
or  rubbish,  or  trash  of  any  kind  whatsoever.  It  shall 
also  be  unlawful  for  any  person  or  persons  to  plant  or 
place  on  said  neutral  ground  any  object  or  plant  of 
whatsoever  kind  or  character,  whether  it  be  ornamental 
or  otherwise,  or  to  dig  into  or  upturn  the  earth  of  said 
neutral  ground,  without  first  obtaining  the  consent  and 
approval  of  the  Board  of  Commissioners  of  St.  Charles 
avenue. 
Penalty.  Art.  1616.  That  any  person  or  persons  violating  any 

■  of  the  foregoing  provisions  of  this  ordinance  shall  be 
deemed  guilty  of  a  misdemeanor,  punishable  by  a  fine 
of  not  more  than  twenty-five  dollars  or  suffer  imprison- 
ment for  a  term  of  not  more  than  thirty  days  in  default 
of  payment  of  said  fine,  said  fine  or  imprisonment  to  be 
imposed  by-  the  Recorder  of  the  district  in  which  the 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  621 

offence  shall  be  committed,  and  the  fine  so  imposed 
and  collected,  as  well  as  all  fines  collected  for  violation 
of  any  city  ordinance  effecting  said  St.  Charles  avenue 
and  neutral  ground,  shall  be  paid  one-half  to  the  Board 
of  Commissioners  of  said  St.  Charles  avenue,  to  be 
used  for  the  avenue  and  neutral  ground. 

Art.  1617.  That  nothing  herein  shall  be  construed  as,  n?^  to  pro - 

°  hibit  repairs  by 

in  any  manner  to   interfere  with  or  prohibit  the  New  c  a^  r  o  1 1 1  on 
Orleans  and  Carrollton  Railroad  Company  from  repair- 
ing or  caring  for  their  tracks,  or  to  relieve  them  in  any 
manner  from  any  of  their  obligations  to  the  city  of  New 
Orleans. 

Art.  1618.  That  all  ordinances  or  parts  of  ordinances  Repealing 
contrary  to  or  in  confiict  with  this  ordinance  be  and  the  '  ib. 
same  are  hereby  repealed. 

SUGAR   EXCHANGE    PARK. 

Art.  1619.  (1)  That  the  space  between  Bienville,  g°d°No""i'2 
Delta  and  Front  streets  be  and  the  same  is  hereby  des-  c-  s. 

•^  Aug.  21,  18S3. 

ignated  as  a  public  park,  to  be  known  as  the  Sugar  Ex- 
change Park,  and   that  the  management  and  improve- soaj^iof  com- 

"  '  '^  ^  missioners. 

ment  of  the  same  be  entrusted  to  persons  to  be  appoint- 
ed by  the  Mayor. 

Art.  1620.  (2)    That  said  Board  of   Commissioners    Powers  ot. 
shall  have  power  to  organize  themselves  by  the  election  ^^' 

and  appointment  of  such  officers  and  committees  as  they 
may  deem  proper,  and  adopt  such  rules  and  regulations 
or  by-laws  as  they  may  deem  necessary;  provided,  same  ' 
be  not  inconsistent  with  law  or  city  ordinances,  the  ob- 
ject being  the  improvement  of  said  square  at  their,  or 
by  private  subscription  or  otherwise,  without  cost  to  the 
city ;  and  to  that  end  to  have  such  work  done  as  to  them 
shall  seem  proper,  to  ornament  and  beautify  same  and 
conduce  to  the  pleasure  and  enjoyment  of  the  people,  as 
more  fully  provided  for  in  Ordinance  No.  7012,  relative 
to  the  improvement  of  public  parks,  squares,  etc. 

Art.  1621.   (3)  That  the  improvements  of  said  park    Forfeiture  of 
be  commenced  within  thirty  (30)  days  after  the  promul-  P"^'ieg«-    ^^ 
gation  of  this  ordinance,   otherwise  forfeiture  of  this, 
privilege 


622  PARKS,  SQUARES  AND  NEUTRAL  GROUNDS. 


TULANE  PARK. 

Boundaries.       Art.  1622.  That    the    triangular    steep    of    ground, 
c.  s.  '  formed  by  the  iunction  of  Banks  and   Common  streets 

June  3, 1884.  "^  •* 

and  running  from  Galvez  street  to  a  point  at  or  near  the 
corner  of  Prieur  street,  be  and  the  same  is  hereby  ap- 
propriated for  a  public  park,  to  be  maintained  without  ex- 
pense to  the  city,  and  under  the  exclusive  direction  of 
the  following  commissioners :  Sister  Mary  Carroll, 
Commission-  John  Douglass,  Patrick  Gleunon,  John  T.  Gribson,  John 

ere,  powers  of,  "  ' 

McCaffrey,  Peter  Blaise  and  C.  C.  Bartwell ;  said  com- 
missioners to  be  empowered  to  be  autify  and  adorn  said 
park  agreeable  to  their  tastes  and  by  contributions  from 
the  citizens  of  that  section ;  said  park  to  be  used  as  a 
public  resort  for  recreation  or  amusement;  provided, 
that  nothing  shall  be  placed  therein  in  contravention  of 
existing  ordinances. 
Lines  and  Art.  1623.  (2)  That  lines  and  levels  and  such  plans 
lb.  shall  be  supplied  said  commissioners  by  the  City  Sur- 
veyor as  may  be  found  necessary  for  the  carrying  into 
effect  the  objects  herein  set  forth,  to  establish  and  em- 
bellish the  plat  of  ground  hereinbefore  mentioned. 

Art.  1624.  (3)  That  this  resolution   shall   take  full 
force  and  effect  from  and  after  its  passage. 
AmendingOrd^     Art.  1625.  That  Ordinance  No.  744,  being   an   ordi- 
ord.  N^lo.os6i  nance  creating  and  establishing  the  public  park  known 
Dec,  4, 1894.    as  the  Tulaue  Park,  situated  at  the  intersection  of  Tu- 
•    lane  avenue.  Banks,  Johnson  and  Galvez  streets,  be  and 
is  hereby  amended  for  the  following   reasons :     First, 
that  no  provisions  are  made  in   said  Ordinance  No.  744 
to  fill  any  vacancies  that   may  occur  on   the  Board  of 
Commissioners  who  have  control  of  the  said  park ;    sec- 
ond, there  is  now  vacancies  existing  on  said  board. 
Appointment     Art.  1626.  That  Ordinance  No.  744  be  and  is  hereby 

of  commission-  tt,  .i-  -t  r.        n 

era.  amended  by  striking  out  in  line  6  of  said  ordinance  all 

'  after  the  words  ' '  public  park  "up  to  and  including  the 
words  ''  C.  C.  Hartwell  "  in  line  12  of  said  ordinance, 
and  insert  in  lieu  thereof  the  following:  "And  the 
Mayor  is  hereby  empowered  to  appoint  and  commission 
the  following  named  persons  to  serve  as  commissioners 


PARKS,  SQUARES  AND  NEUTRAL  GROUNDS.  623 

of  the  said  park  who  shall  have  sole  control  and 
management  of  the  affairs  of  the  said  park,  and  the 
said  Board  of  Commissioners  is  hereby  empowered 
to  fill  all  vacancies  occurring  on  the  said  board  occa- 
sioned by  death,  resignation  or  removal  from  the  ward 
in  which  the  park  is  situated:  John  T.  Gibbons,  C.  C. 
Hartwell,  Peter  Blaise,  Thomas  Douglas,  John  Koepfer, 
Wm.  Purnell,  James  Triay,  Jos.  J.  Owens,  Thomas  Hig- 
gins,  Anthony  Whalen,  Steven  Cain,  Thomas  Connelly, 
William  Cummings,  Robert  W.  Norton,  Frank  Cnllen, 
Patrick  Crane,  J.  Werling,  James  Mullen,  M.  G.  Leeney, 
Jas  B.  Keenan,  James  McCormick,  Stephen  J.  Memory, 
B.  Estalotte,  Thos.  Casserly,  Paul  Ryder. 

Art.  1627.  That   the   plan   of  the  enlargement    and    Plans  a  p- 
improvement   of   Tulane  Park,    submitted  by  the   City  ord.  No.  10,201, 
Engineer,  extending  the  limits  of  the  park  from  John-    Keb.  s,  1895. 
son   street  to  a  point  where  Banks   street   and   Tulane 
avenue   intersect,  be  and  the  same  is   hereby  approved 
and  the  same  be  made  a  part  of  the  said  Tulane  Park. 

SQUARES. 

Art.  1628.  (1)  That  there  be  and  is  hereby  created  J^°^j^  »' 

^     "^         _  _  *'  Commissioners 

a  Board  of  Commissioners,  respectively,  for  each  of  the  o^^.  No.  7012, 
following-named  squares  or  parks,  to  be  entrusted  with 
lanagement  of  said  parks,  for  the   purposes  and  with 
\he  powers  hereinafter  defined,  to- wit: 

COLISEUM   SQUARE, 

(a)  W.  B.  Schmidt,  Esq.,  who  shall  be  chairman 
lereof,  and  Messrs.  John  T.  Moore,  Jr.,  Edward  Toby, 
\.  W.  Taylor,  Hon.  P.  Mealey,  Richard  Charles  and 
[enry  Renshaw. 

WASHINGTON    SQUARE. 

(6)  Peter  M.  Peterson,  Esq.,  who  shall  be  chairman 
iereof,  and  Messrs.  G.  A.  Lanaux,  John  Paisley,  Hon. 
1.  Bermudez,  J.  A.  Hincks,  David  Hughes,  Charles 
iacoume,  Ernest  C.  Villere,  W.  C.  C.  Claiborne,  Jr.,  B. 
japlace,  P.  McPride,  Charles  L.  Frantz,  A.  Schulerand 
J.  A.  Chalaron. 


624 


LAFAYETTE  SQUARE. 

(c)  That  Frank  T.  Howard,  Esq.,  is  hereby  appoint- 
ed and  constituted  sole  commissioner  for  Lafayette 
Square. 

Frankii,,  Art.  1629.  (1)  That  the  proposal  of  C.  A.  Weed, 
Esq.,  to  present  to  the  city  the  statue  of  Benjamin 
Franklin  by  Hiram  Powers,  be  accepted,  and  that  a 
suitable  pedestal,  according  to  the  plan  and  estimate 
presented,  be  erected  in  the  centre  of  Lafayette  Square 
under  the  direction  of  the  City  Surveyor. 

Protection  of  Art.  1630.  (1)  That  the  marble  monument  (Franklin 
TodcUcWf^c'k'  s^^t^^)  ^1^^  granite  block  in  Lafayette  square,  lately 
erected  by  the  United  States  Coast  and  Geodetic  Survey, 
be  and  is  hereby  recognized  as  being  under  the  special 
care  and  protection  of  this  city,  and  all  persons  are  for- 
bidden to  deface  or  injure  the  same  in  any  manner, 
under  the  penalty  of  the  law  protecting  buildings,  and 
the  Chief  of  Police  is  charged  with  the  protection  o 
said  monument  and  stone  block,  and  that  they  shall  not, 
under  any  circumstances,  be  used  for  other  than  scien- 
tific purposes. 


ST.  BERNARD    SQUARE. 

Commissioners     Art.  1631.  (1)  A.  Sambola,  Fred.  Nay,  E.  Pujol,  P. 


'"•  Clapp  and  N.  Burg. 


Decisions. 


Right  to  use  of  whole  width  of  the  avenue.     15  An.  9. 

Property  dedicated  to  public  use  is  hors  de  commerce,  and 
donors  can  no  longer  claim  ownership.     21  An.  244. 

A  municipal  corporation  may  alienate  or  change  the  use  and 
destination  of  public  places,  when  authorized  to  do  so  by  the 
Legislature,  in  view  of  the  public  interest.     34  An.  1090. 


PASSAGE  WAYS— See  Buildings. 


PAUPERS— See  Vagrants. 

Each  parish  must  support  its  own  infirm,  sick  and  disabled 
paupers.  Act  42  of  1880,  p.  42.  New  Orleans  must  provide  for 
the  removal  and  burial  of  its  dead  paupers.  Act  157  of  1874,  p.  17 . 


I 


PILOTS.  625 

PAVEMENTS— See  Streets. 


PEDDLERS. 
Peddling  at  RAiLROADS-See  Eailroacls  and  Offences.     At  Mar- 
kets— See  Markets.    From  Vehicles — See    Offences.    En- 
tering PREMiSES--See  Offences. 
Ord.  >^o.  4933,  C.  S..  repealed  by  Ord.  Xo.  5181,  C.  S. 

PERMITS — See  Buildings,  Forges,  Lands  and  Levees, 
Privileges,  Streets  and  Wharves. 


PETROLEUM.— See  Combustibles. 


PICKERIES  AND  COTTON  PRESSES. 
Art.  1632.  (1)  It  shall  not  be   lawful  for  any  person  ^^Not  uwfui  to 
or   persons,   without  the   permission   of   the   Common    o.  s.  3150. 
Council,  to  erect  within  the  limits  of  the  city  any  build- 
ing for  a  cotton  press  or   cotton  pickery,  or  to  use  any 
building  or  lot  for  that  purpose,  under  the  penalty  of  a 
fine  of  not  less  than  ten  dollars   nor  more  than  twenty- 
five  dollars  for  each  day  that  such   building  or  lot  shall 
be  used  in  violation  of  this  ordinance. 

PIGEONS. — See  Animals  and  Birds. 


PILOTS. 

See  Act  Xo.  56  of  1864,  p.  162. 

See  Act  No.  113  of  1857,  p.  88. 

See  Act  No.  99  of  1858,  p.  69. 

See  Act  No.  —  of  1859,  pp.  3,  56. 

See  Act  No.  19  of  1864,  p.  32. 

See  Act  No.  63  of  1877,  E.  S.,  p.  103. 

See  Act  No.  99  of  1880,  p.  126. 

See  Act  No.  11  of  1890,  p.  9. 

See  Harbor  Masters. 

See  Master  and  Wardens. 

Decisions. 

Williams  vs.  Payson,  14  An.,  p.  7. 

State  ex  rel.  Williamson  vs.  Judge,  36  An.,  p.  24. 


626  PIPES  AND   CONNECTIONS. 


PIPES  AND  CONNECTIONS. 

PRIVILEGES. 

Ord,  3078.  American  Cotton  Oil  Company,  pipe   across  street 
Enghien    and   Decatur    streets,  Febniarv   19, 
1888. 
Ord.  347(i.  American  Wtiite  Lead  and  Color  Works  Company, 
supply  pipe    from  worlis    on    Tchoupitoulas 
between  Jackson   and  Philip  streets,  January 
15,  1889. 
Ord.  4132.  American  Fatty  Product  Manufacturing  Company, 
pipe  across  North   Peters  street,  from  its  fac- 
tory, corner  Peters  and  Port  streets,  to  a  point 
alongside  railroad  tracks,  to   draw   oil  from 
tank  car  on  said  tracks,  November  30.  1889. 
Ord.  6052.  American  Brewing  Association,   8-inch   pipe  from 
brewery,  Conti,  between  Royal  and  Bourbon 
streets,  to  Conti,  to  river,  February  12,  1892. 
Ord.  7229.  American  Brewing  Company,  3-inch  pipe  across  Bi- 
enville  street,  from  tank  in  property   of   the 
company  on  Conti  street  to  the  bottling  works 
located  on  Bienville  street,  March  23,  1893. 
Ord.  9652.  Algiers  Iron  Works,  to  run  2-i^  inch  pipe  from  their 
works  from  the  head  of  Levergne  sti-eet.  Fifth 
District,  to  the  Mississippi  river,  September  7, 
1894. 

Ord.  9837.  Anheuser-Busch  Brewing  Company,  to  run  two 
6-inch  pipes  from  their  property  on  Gravier 
and  Delta  streets  to  the  river  for  the  purpose 
of  suction  and  discharge,  October  18,  1894. 

Ord.  10,831.  Alden  Knitting  Mills  of  New  Orleans,  to  lay  pipes 
from  its  property  on  Decatur  to  Mandeville 
street,  to  the  Mississippi  river,  for  the  pur- 
pose of  water  supply  and  discharge  of  sewer- 
age, June  7,  1895. 

Ord.  3832.  Brooks,  Samuel,  six-inch  pipe  from  premises,  cor- 
ner S.  Peters  and  Celeste  to  Mississippi  river 
for  supply,  July  1,  1889. 

Ord.  4980.  Boston  Club,  sewer  pipe  from  club  house  on  Canal 
street  to  connect  with  sewer  pipe  of  the  St. 
Charles  Hotel ;  repealing  Ord.  4612,  C.  S.,  De- 
cember 27,  1890. 

Ord.  5548.  Blake,  William,  and  associates,  12-inch  sewer  pipe 
from  square  bounded  by  Lee  Circle.  St. 
Charles  avenue,  Calliope,  Carondelet  and 
Howard  avenue,  through  Calliope  andDelord 
streets,  to  the  river,  August  29.  1891. 

Ord,  5922.  Brooklyn  Cooperage  Company,  pipes  from  factory 
in  square  bounded  by  Erato,  Thalia,  Front 
and  Peters  streets,  to  the  Mississippi  river, 
January  9,  1892. 

Ord.  7305.  Berwick  Lumber  Company,  supply  pipe  from  their 
factory  on  Clio  street,  lower  side,  corner 
Freret  street,  to  Basin,  March  16,  1893. 


PIPES   AND   CONNECTIONS.  627 

Ord.  10,121.  Brooks,  VV.  H.  D..  an  overhead  two  (2)  inch  pipe 
from  his  building,  corner  Celeste  and  St. 
Peters  streets,  to  connect  with  cars  on  the  Belt 
Railroad  for  the  purpose  of  drawing  oil  from 
cars.  December  24,  1894. 
Ord.  3437.  Commercial  Soap.  Candle  and  Starch  Manufacturing 
Company.  Limited,  supply  and  discharge 
pipes  to  river,  December  26,  1888. 
Ord.  5536.  Cogswell,   T.   R.,  pipes   to   the  river,   August  22, 

1891. 
Ord.  5921.  Crescent  City  Ice  Company,  pipes  from  factory  on 
Front  street,  through  Lafayette  street,  and  on 
Decatur  street,  through  Marigny  street  to  the 
Mississippi  river,  January  9.  1892. 
Ord.  6174.  Central   Lumber  Manufacturing  Company,  2-inch 
(2)  pipe  from  factory  on  Delord  street,  corner 
Dryades  street,  to  head  of  New  Basin,  across 
Rampart  street.  March  24,  1892. 
Ord.  6919.  Crescent  City  Yarn  and  Knitting  Mills,  six  (6)  inch 
pipe  from  factory,  corner  St.  Ferdinand  and 
Decatur  streets  to  the  Mississippi  river,  Novem- 
ber 11.  1892. 
Ord.  7112.  Chalmette  Steam    Laundry  Company,  six  (6)  inch 
pipe  from  their  works,   corner   Lafayette  and 
Fourcher    streets,   to   the   river,   January   19, 
1893. 
Ord.  7625.  Crescent  City  Rice  Milling  Company,  from  their 

premises  to  river.  May  25,  1893. 
Ord.  7139.  Desina,  Mrs.  C   seven  (7)  inch   pipe   on  Bourbon 
from    intersection   of   Customhouse   street,  to 
rear  of  her  property,  to  connect  with  ?even- 
inch  pipe  of  D.  H.  Holmes,  January  26,  1893. 
Ord.  9532.  Dunbar  &  Bros.,  to  lay  pipe  across  Peters  street  and 
over  the  Levee,  connecting  their  factory  with 
the  Mississippi  river,  August  9,  1894. 
Ord.  10,024.  Fabacher.  P.,  three  Qi)  inch  pipe  on  Eighth  street 
from  Tchoupitoulas  to   the   Mississippi  river, 
December  3.  1894. 
Ord.  7328.  Godchaux.   Leon,   four  (4)  inch   pipe   on  Chartres 
from  the  intersection  of  Customhouse  street  to 
rear  of  his  property,  connecting  with  seven- 
inch  pipe  of  D.  H.  Holmes,  March  20,  1893. 
Ord.  3939.  Haspel  &  Davis,  from  their  premises  47  and  48  N. 

Peters  street  to  the  river,  August  30,  1889. 
Ord.  5013.  Holmes,  D.  H.,  sewer  pipe  from   store  on  Custom- 
house street,  down  Customhouse  street  to  the  . 
river,  January  9,  1891. 
Ord.  6302.  Home  Brewing  Company,  from  premises  in  square 
bounded  by  N.  Peters,  Jeanna,  Chartres  and 
Pauline  streets  to  the  river,  April  23,  1892. 
Ord.  6899.  Henderson.  Wm..  six  (6)  inch  pipe  from  his  refinery, 
Girod  and  Peters  streets,  to  the  river,  Novem- 
ber 3,  1892. 
Ord.  7398.  Henderson, Wm..  two  sixteen  inch  pipes,  suction  and 
discharge  on    Notre    Dame    street,  from  his 
property  in  square  bounded  by  Julia,  Notre 
Dame   and    Commerce    streets   to   the   river, 
April  5,  1893. 
Amended  bv  Ord.  7589.  C.  S. 


628  PIPES   AND   CONNECTIONS. 

Ord.  7426.  Hotel  Dieu,  to  lay  pipe  across  Johnson  street  to 
cesspool  on  their  property,  corner  Johnson 
and  Tulane  avenue,  April  24,  1893. 

Ord.  7116.  Illinois  Central  Railroad,  sewerage  pipe  from  square 
bounded  by  Front,  Pilie,  Erato  and  Gaiennie 
streets  to  river.  January  19,  1893. 

Ord.  4838.  Jackson  Brewing  Company,  suction  pipes  from 
brewery  in  square  bounded  by  Clay,  Jackson, 
Old  iievee  and  Peters  streets  to  the  river,  ]S"o- 
vember  10.  1890. 

Ord.  6402.  Jackson  Brewing  Company,  from  brewery  to  the 
river,  July  4,  1892. 

Ord.  7800.  Jahnke,  Fritz,  two  inch  pipe  from  his  yard,  front 
ing  on  South  Peters  street,  between  Washing- 
ton and  Sixth  street,  to  the  river,  July  7.  1893. 

Ord.  8533.  Jones,  M.  N..  one  and  a  quarter  inch  pipe  from 
corner  Peters  and  Emma  streets  to  the  river, 
January  6, 1894. 

Ord.  11,714.  Jackson  Steam  Laundry,  the  privilege  granted  to 
Xew  Orleans  Vinegar  Company,  Limited,  to 
lay  a  pipe  to  the  river,  is  granted  under  the 
same  terms  and  conditions  to  the  Jackson 
Steam   Laundry,  Limited,  December  24,  1895. 

Ord.  6197.  Keller,  J.  H.,  soap  works,  six  (6)  inch  water  and 
supply  pipe  on  Josephine,  from  Howard  to 
Claiborne  street,  to  his  works,  March  31,  1892. 

Ord.  6357.  Keith,  Peter,  two  pipes  from  factory,  corner  Fourth 
and  Water  streets,  to  the  river.  May  26,  1892. 

Ord.  3090.  Louisiana  Retreat,  four-inch  pipe  to  the  river  for 
water  supply.  July  27,  1888. 

Ord.  3868.  Louisiana  Sugar  Refinery  Company,  pipe  under 
sidewalks,  between  their  works  and  the  Plant- 
ers" Sugar  Refinery  on  Clay  street,  July  6, 1889. 

Ord.  4495.  Lyons,  I.  L.,  to  connect  sewer  pipe  of  Board  of 
Trade.  Ltd.,  as  per  Ordinance  4317,  C.  S.,  May 
10, 1890. 

Ord.  4557.  Louisiana  Furniture  Company,  four-inch  supply 
pice  througti  levee  for  their  factory  on  river 
front,  June  7,  1890 

Ord.  8185.  Louisiana  Alcohol  Company,  two  (2)  eight  (8) 
inch  pipes  from  their  works  located  corner  St. 
Joseph  and  St.  Peter  streets,  along  St.  Joseph 
street  to  the  river  or  to  Water  street,  thence 
through  Water  to  Calliope  street,  thence 
through  Water  street  to  the  Mississippi  river, 
October  19,  1893 

Ord.  2900.  Lafayette  Brewing  Company,  from  brewery  to  the 
river,  April  2,  1889. 

Ord.  3203.  Maginnis  Oil  and  Soap  Works,  pipe  on  Commerce 
street  from  their  mills  to  and  across  St.  Joseph 
street,  to  connect  with  Belt  Railroad,  Septem- 
ber 25,  1888. 

Ord.  5388.  Munnoh,  T.  J.,  water  pipe  across  Joseph  street 
square  bounded  by  Water,  Joseph,  Tchoupi- 
toulas  and  Octavia  streets,  July  3, 1891. 


PIPES   AND   CONNECTIONS. 

Ord.  6048.  Manion  &  Co.,  from  property  of  Geo,  Sick,  in  square 
bounded  by  Decatur,  Gallatin,  Hospital  and 
Barracks  streets,  across  Gallatin  street, 
through  Mr.  Sick's  property  to  Xorth  Peters 
street,  across  North  Peters  street  and  batture 
to  the  river.  February  12,  1892. 

Ord.  6859.  Moll,  Jno.  G..  Jr.,  to  lay  pipe  from  premises,  in 
square  bounded  by  Xew  Levee,  Water.  Sixth 
and  Seventh  streets  to  river,  October  29,  1892. 

Ord.  10,876.  Maille.  Joseph,  to  lay  pipe  lines  along  and  under 
all  streets,  avenues,  alleys  and  public  places 
in  the  city  for  refrigeration,  preservation,  fire 
protection,  and  for  such  other  purposes  as  may 
be  desired,  June  18.  1895. 

Ord.  4347.  X.  O.  Board  of  Trade.  Limited,  sewer  pipes  from 
their  property  known  as  Vonderbank  Hotel 
and  their  Exchange  building,  to  certain  streets 
to  the  river,  March  7,  1890. 

Ord.  4774.  N.  O.  Brewing  Association,  from  Pelican  Brewery, 
corner  N.  Peters  street,  August  10,  1890. 

Ord.  6692.  N.  O.  &  Carrollton  R.  R.  Co.,  six  (6)  inch  pipe  from 
their  power-house  to  the  river,  September  9. 
1892. 

Ord.  6758.  National  Rice  Milling  Co..  six  (6)  inch  pipe  from 
their  warehouse  corner  Montegut  and  Levee 
streets,  across  Levee  street  to  the  river,  Sep- 
tember 30,  1892. 

Ord.  6854.  New  York  Steam  Dye  Works,  from  the  river  to 
their  Works,  corner  Patterson  and  Olivia  streets, 
adjoining  McLellan  Drj'  Dock,  October  29, 
1892. 

Ord.  9966.  N.  O.  Brewing  Association,  a  six  (6)  inch  drain 
pipe  across  Jackson  avenue  from  the  Louisiana 
Brewery,  from  the  gutter  on  south  side  of 
Jackson  street  to  gutter  on  north  side  through 
which  to  drain  the  water  of  brewery.  Novem- 
ber 17.  1894. 

Ord.  1,1196.  National  Rice  Mill  Co..  18-inch  pipe  from  their 
works,  Elysian  Fields  and  Peters  streets,  along 
and  across  Elysian  Fields  to  Peters  street,  down 
Peters  street  to  Magazine  to  the  Mississippi 
river.  Also  all  pavements  torn  up  or  dis- 
turbed to  be  repaired  at  their  expense  to  the 
satisfaction  of  the  Commissioner  of  Public 
Works.  Permission  from  the  N.  O.  Levee 
Board  to  be  obtained,  August  27.  1895. 

Ord.  6252.  Old  Basin  Sash,  Door  and  Blind  Factory,  to  connect 
boilers  in  square  bounded  by  St.  Louis,  Treme, 
Toulouse  and  Marais  streets  with  engines  in 
square  bounded  by  Treme,  Marais.  Toulouse 
and  Carondelet  Walk,  April  1. 1892. 

Ord.  7242.  Orleans  Manufactuiing  Lumber  Co.,  water  main 
on  Clara  and  Willow  streets,  between  Julia 
and  Cypress,  adjoining  on  Julia  from  Clara  to 
Willow,  and  to  connect  pumping  station  with 
Basin,  March  11,  1893. 

Ord.  2859.  Pelican  Brewing  Company,  from  brewery  to  the 
river,  March  18,  1888. 


630  PIPES   AND   CONNECTIONS. 

Ord.  4120.  Planters'  Sugar  Refining  Company,  water  and  waste 
pipes  to  river  from  reflnerj'  in  square  bounded 
by  Clay,  St.  Louis.  Decatur  and  Toulouse 
streets,  November  20,  1889. 

Ord.  6112.  People's  Slaughterhouse  and  Refrigerating  Com- 
pany, from  their  premises  across  Xorth  Peters 
street  to  the  river.  March  19,  1892. 

Ord.  3962.  Rotge  Jean,  iron  pipe  from  premises  on  Alexander, 
.between  Conti  and  St.  Louis  streets,  to  Carroll- 
ton  Avenue  Canal,  September  6,  1889. 

Ord.  6893.  Rosetta  Gravel,  Paving  and  Improvement  Company, 
to  lay  pipes  from  artesian  wells  through 
streets  and  public  places  of  the  city  for  sprin- 
kling purposes.  November  3. 1892. 

Ord.  8346.  Ruger  Vinegar  Works,  from  their  works  corner 
Magazine  and  Xorth  Peters  street  to  the  river, 
November  24, 1893. 

Ord  2926.  Schroeder.  Wm.,  from  his  property  on  Holly  Grove 
street,  on  Upperline  of  Carrollton  to  the  Tenth 
Street  Canal,  for  drainage.  May  7,  1888. 

Ord.  3038.  Schwartz,  Louis,  pipe  frotn  Tchoupitoulas  to  river, 
July  7,  1888. 

Ord.  4311.  Sorolo,  A.,  two  water  pipes  from  his  rice  mill.  Old 
Levee,  Clay,  Toulouse  and  Jefferson  streets,  to 
the  river,  February  24,  1890. 

Ord.  5366.  Solari,  J.  B.,  sewer  pipes  to  existing  sewer  pipes  to 
Customhouse  street,  June  11,  1891. 

Ord.  6048.  Sieks,  Geo.,  from  his  property  in -quare  bounded  by 
Decatur,  Gallatin,  Hospital  and  Barracks 
streets,  across  Gallatin,  through  his  property 
to  North  Peters  street,  across  North  Peters 
batture  to  river,  February  12.  1882. 

Ord.  8125.  Sauer,  Fred.,  Jr.,  two-inch  pipe  across  Levee  street, 
at  Ninth  street,  to  the  river,  October  5,  1893. 

Ord.  9155.  Schroeder,  J.  B.,  to  lay  four-inch  pipes  from  his 
property  in  square  bounded  by  Independence, 
Royal,  Dauphine  and  Pauline  streets,  to  the 
river,  for  supplying  water.  May  15, 1894. 

Ord.  10,597.  Sieward,  A.  H.,  sewer  pipe  from  Hotel  Denechaud 
to  connect  vvith  sewer  pipe  of  Board  of  Trade 
in  front  of  Masonic  Building,  April  18, 1895. 

Ord.  6840.  Ursuline  Nuns,  to  extend  sewer  pipe  from  Ursu- 
line  Convent  to  the  river,  October  20,  1892. 

Ord.  10,506.  "Weis.  Julius,  a  sewer  pipe  from  his  property  in 
square  bounded  by  Baronne,  Carondelet,  Va- 
rieties alley  and  Gravier  streets ;  down  Varie- 
'  ties  alley,  from  a  point  in  the  rear  of  the 
Denegre  Building,  to  Gravier  street;  down 
Gravier  to  a  point  at  or  about  the  intersection 
of  Gravier  and  St.  Charles  streets,  and  then  to 
connect  with  existing  sewer  pipe  of  the  Board 
of  Trade,  or  its  connecting  pipes;  said  pipes 
to  be  furnished  with  Y  branches  at  its  ends  on 
Varieties  allev. 


POISONS.  631 


POISONS. 


Art.  1633.  No  person  shall  sell  or  offer  for  sale  anv  ^     Poisonous 

■^  ''    drugs,  etc. 

poisonous  drugs,  medicines  or  chemicals  used  for  medi-  0|d.  N0.7516, 
cal  purposes,  except  on  the  prescription   of  a  physician,    Dec.  1881. 
nor  unless   the   receptacle   or  package  containing   such 
poisonous   drugs,    medicines   or   chemicals   be    marked 
**  Poison  "  in  plain  and  conspicuous  characters. 

Art.  1634.   (2)    Patent  medicines,  household   reme-    Patent medi- 

.  .  cine,    rat     and 

dies,  etc.,  compounds  for  the  destruction  of  rats,  insects,  bug  medicine, 
bugs,  of  a  poisonous  nature;  chemicals  used  in  com- 
merce and  industry,  and  presenting  the  same  dangerous 
character,  may  be  sold  without  a  physician's  prescrip- 
tion to  persons  of  full  age  and  sound  mind  and  person- 
ally known  to  the  vendor.  These  articles  shall  always 
be  labeled  ' '  poison. ' ' 

Art.  1635.  (3)  All  druggists,  peddlers,  hawkers  and  j^^oru^g gists, 
all  other  persons  dealing  in  or  selling  poisonous  sub-  to  keep  record 
stances,  shall  keep  a  special  book,  open  at  all  times  to 
the  proper  authorities,  in  which  they  shall  register  the 
name,  age,  residence  and  profession  of  the  person  to 
whom  any  poisonous  substance  is  sold ;  also  the  date  of 
sale,  the  quantity  sold,  the  use  it  is  intended  for,  whether 
sold  upon  a  personal  acquaintance  with  the  •  buyer  or 
upon  a  physician's  prescription.  The  latter  shall  always 
be  carefully  preserved. 

Art.  1636.  That  whoever  shall  violate  the  provisions  Q^d"  No'  gci 
of  this  ordiuaace  shall  be  subject  to  a  fine  not  to  exceed  c.^^^  ^^  ^ 
twenty-five  dollars,  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  im- 
prisoned in  the  said  parish  prison  for  a  term  not  to  ex- 
ceed thirty  days  in  default  of  payment  of  the  fine,  to  be 
imposed  by  the  Recorder  of  the  district  wherein  the 
offence  is  committed ;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence  nor  the  im- 
prisonment more  than  thirty  days. 


632  POLES. 

POLES. 

ELECTRIC   LIGHT   POLES. 

Foot  cleats.  Art.  1637.  That  the  Commissioner  of  Police  and 
c. s.'  *  'Public  Buildings  be  and  he  is  hereby  directed  to  im- 
'' mediately  notify  and  require  the  owners  of  all  electric 
light,  telephone  and  telegraph  poles  throughout  the 
city,  having  poles  with  foot- holds  or  cleats  thereon, 
within  ten  (10)  feet  of  any  building,  to  remove  said 
foot-holds  or  cleats  within  ten  (10)  days  from  the  date 
of  notice.  A  failure  to  comply  will  subject  offender  or 
offenders  to  the  penalties  prescribed  in  section  3  of  this 
resolution. 

Unlawful  Art.  1638.  (2)  That  it  shall  hereafter  be  unlawful  and 

^^'  all  persons  are  forbidden  to  erect  poles  throughout  the 
city,  with  foot-holds  or  cleats  thereon,  within  ten  (10) 
feet  of  any  building. 

Penalty.  Art.  1639.  That  whocvcr  shall  violate  the  provisions 

'of  this  resolution  shall  be  subject  to  a  fine  not  to  ex- 
ceed twenty-five  dollars,  or  imprisonment  m  the  parish 
prison  for  a  term  not  to  exceed  thirty  days,  or  both,  or 
imprisonment  in  the  parish  prison  for  a  term  not  to 
exceed  thirtv  days,  in  default  of  payment  of  the  fine  to 
be  imposed  by  the  Recorder  of  the  district  wherein  the 
offence  is  committed*;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence,  nor  the  im- 
prisonment more  than  thirty  days. 

Permission.       j^^rj,    iQ^Q    ^j^^^  |^  gj^^jj  y^^  hereafter  unlawful  for 

Ord.  No.  SS79, 

c-gS.  ^  ^  any  person  or  corporation  to  put  up  any  post  within  the 

limits  of  the  city  proper  for  telegraph,  telephone  or 
electric  light,  or  any  other  purpose,  without  permission 
from  the  Council ;  provided,  this  shall  not  apply  to  per- 
sons or  corporations  having  such  rights  under  previous 
ordinances. 
Penalty.  ^^  ^rt  1641.  Any  person  violating  the  provisions  of 
this  ordinance  shall  be  punished  by  a  fine  not  exceeding 
twentw-five  dollars,  and  in  default  of  the  payment  of 
said  fine  by  imprisonment  not  exceeding  thirty  days. 
Art.  1642.  (])    That  from   and  after  the  passage  of 


POLES.  •       633 

this  ordinance  it  shall  not  be  lawful  to  maintain  or  erect pof/s^^w h en 
any  poles  in  the   streets,  ways,  squares,  parks,  or  other  ""^^^^^^l^^  ^^ 
public  places  of  the  city,  for  the  purpose  and  use  of  sup-<^-^  .jg  ^^^ 
porting  wires  for   electric   light   purposes,  except  upon 
the  condition  hereafter  provided  in  this  ordinance. 

Art.  1643.  (2)  That  said  poles  shall  not  be  of  eleva-  Regulations. 
tion  at  the  lowest  wire  less  than  thirty  feet  from  the 
curbstone,  that  their  depth  of  insertion  in  the  earth 
shall  not  be  less  than  four  feet  from  top  of  curbstone, 
and  their  dimensions  at  a  point  of  five  feet  above  the 
surface  from  top  of  curbstone  shall  not  be  loss  than 
thirty  inches  in  circumference  or  ten  inches  in  diameter. 
They  shall  be  straight  and  have  a  smooth,  plain  surface, 
which  shall  be  painted  brown,  blue,  green,  or  some 
other  color,  to  distinguish  the  company  owning  them, 
from  the  ground  fifteen  feet  upward,  and  thence  white 
to  top  extremity,  and  in  black  letters  have  branded  upon    Taking  down 

•^  and  reolacing. 

them,  six  feet  above  the  curbstone,  the  name  of  the 
company  owning  them,  and  shall  be  placed  upon  side- 
walks close  to  and  on  the  inner  face  of  the  curbstone, 
and  shall  be  taken  down  and  replaced  whenever  found 
to  be  dangerous  from  decay,  splits,  breaks  or  spoils. 

Art.  1644.  (3)  That  no  fresh  or  new  lines  of  poles  New  lines, 
for  purposes  described  shall  be  erected  within  the  city 
limits  without  having  previously  obtained  the  consent 
by  ordinance  or  resolution  of  the  Council ;  and  further, 
no  such  poles  shall  be  allowed  to  remain  in  that  portion 
of  the  city  embraced  by  Jackson  street,  Elysian  Fields, 
Roman  street  and  the  Mississippi  river,  except  upon  the  ■'J^^'Ji' •<>"»' 
immediate  erection  and  maintenance  during  the  year 
1884,  free  of  any  expense  to  the  city,  of  five  additional 
electric  lights  on  Canal  street  beyond  Broad  street, 
exact  location  to  be  designated  by  the  Committee  on 
Lighting;  these  lights  to  be  in  consideration  of  the 
privileges  and  advantages  of  entering  upon,  using  and 
occupying  the  streets,  ways  and  public  places  for  pur- 
poses above  described  during  the  year  1884. 

Art.  1645.   (4)  That  the  city   shall  have  the  right,    city's  rights. 
under   such   regulations  as  may  be  established  by  the 
Council,  to  use  said  poles  gratuitously  for  the  support 


lb. 


634       •  POLES. 

of  such  wires  as  may  be  found  necessary  for  the  service 
of  the  fire  alarm  or  police  departments. 

Placing  and  Art.  1646.  (5)  That  the  location,  condition,  inspec- 
poies.  tion  and  placing  of   said   poles  shall   hereafter  be  put 

*  under  the  control  of  the  Commissioner  of  Public  Works 
and  City  Surveyor,  and  that  the  acts  and  doings  under 
this  ordinance  shall  be  subject  to  any  ordinance  or  ordi- 
nances that  may  hereafter  be  passed  by  the  City  Council 
concerning  the  same. 

Notarial  act.      Art.  1647.   (6)  That  the  Mayor    be  and    is   hereby 

'  authorized  to  enter  into  contract  with  such  electric  light 

companies  as  require  the  use  of  poles  for  the   purpose 

and  object  of  carrying  into  effect  the  provisions  of  this 

ordinance. 

Repealing  Art.  1648.  (7)  That  all  Ordinances  or  parts  of  ordi- 
ciause,  ^^  nances  in  conflict  with  the  provisions  of  this  ordinance 
be  and  the  same  are  hereby  repealed. 

TELEPHONE  POLES. 

Erection  of  Art.  1649.  (1)  That  from  and  after  the  passage  of 
ord.  No.  519,  this  ordinance  it  shall  not  be  lawful  to  maintain  or  erect 
Dec.  18,1883.  any  poles  in  the  streets,  ways  and  public  places  of  the 
city  for  the  purpose  and  use  of  supporting  wires  for  tele- 
phone purposes,  except  on  the  conditions  hereafter  pro- 
vided in  this  ordinance. 
Elevation,  etc.  ^RT.  1650.  (2)  That  Said  poles  shall  not  be  of  an  ele- 
vation, at  the  lowest  wire,  less  than  forty  (40)  feet  from 
top  of  curbstone,  that  their  depth  of  insertion  in  the 
earth  shall  not  be  less  than  (5)  feet  from  top  of  curb- 
stone, and  their  dimensions  at  a  point  of  six  (6)  feet 
above  the  surface  on  top  of  curbstone  shall  not  be  less 
than  forty  (40)  inches  in  circumference  or  thirteen 
(13)  inches  in  diameter;  they  shall  be  straight  and  have 
a  smooth,  plane  surface,  which  shall  be  painted  brown, 
blue,  green  or  some  other  color  to  distinguish  the  com- 
pany owning  them,  from  the  ground  fifteen  (15)  feet 
upward,  and  thence  white  to  top  extremity;  in  black 
letters  have  branded  upon  them  six  (6)  feet  above  the 
curbstone  the  name  of  the  company  owning  them,  and 
shall  be  placed  upon  sidewalks  close  to  and  on  the  inner 


POLES.  635 

face  of  the  curbstone,  and  shall  be  taken  down  and  re- 
placed whenever  found  to  be  dangerous  from  decay, 
splits,  breaks  or  spoils. 

Art.  1651.  (3)  That  no  fresh  or  new  lines  of  poles  Ne^viines.^^ 
for  purposes  described  shall  be  erected  within  the  city 
limits  without  having  previously  obtained  the  consent 
by  ordinance  or  resolution  of  the  Council ;  and  further, 
no  such  poles  shall  be  allowed  to  be  erected  or  any  ex- 
isting poles  be  allowed  to  remain  in  that  portion  of  the 
city  embraced  by  Jackson  street,  Elysian  Fields,  Roman 
street  and  the  Mississippi  river,  except  upon  the  pay-  Annual  pay- 
ment of  five  $5  dollars  per  annum  per  pole  for  every  ™^"'" 
such  pole  erected  or  at  present  in  use  within  that  sec- 
tion of  the  city  above  designated,  and  all  poles  outside 
of  said  section  to  be  exempt  from  said  payments ;  said 
payments  to  be  in  consideration  of  the  privilege  and  ad- 
vantage of  entering  upon,  using  arid  permanently  occu- 
pying the  streets,  ways  and  places  of  the  city  for  private 
property,  and  to  be  paid  annually  in  advance,  com- 
mencing January  1,  1884. 

Art.  1652.  (4)  That  in  addition  to  the  price  paid  per     Right  of 
pole  per  annum,  as  herein  set  forth,  the  city  shall  have*^'*^'  ib. 

the  right,  under  such  regulations  as  may  be  established 
by  the  Council,  to  use  said  poles  gratuitously  for  the  sup- 
port of  such  wires  as  may  be  found  necessary  for  the 
service  of  the  fire  alarm  or  police  departments. 

Art.  1653.  (5)  That  such  telephone  company  or  com-    Free    teie- 
panies  as  have  erected,  or  shall  hereafter  erect,  poles  as  p^°"^^'       ^^ 
before  described,  shall,  in  addition  to  the  price  paid  per 
pole  per  annum,  as  herein  set  forth,  gratuitously  furnish 
'and  maintain  telephone  apparatus  and  connection  with 
such    public   oflices,    institutions    or    buildings   as   the    ^'""^^'^• 
Council  may  direct,  to  a  total  number  of  not  exceeding 
ten  (10),  and  any  over  that  number,  if  ordered  by  the 
Council,  shall  be  paid  for  at  customary  rates,  and  shall 
balance   by   appropriate    credits    all    existing    charges 
against  the  city  government  in  any  of  its  branches  for 
use  of  any  telephones  now  or  hereafter  operated. 

Art.  1654.  (6)  That  the  location,  condition,   inspec-    Location  and 
tion   and  placing  of  said  poles  shall  hereafter  be  put  '"^p^'^"""-  j^^^ 


tract. 


636  POLES. 

under  the  control  of  the  Commissioner  of  Public  Works 
and  City  Surveyor. 
ordinaVces"''"     ^^T.  1655.  (7)  That  the  acts  and  doings  under  this 
^^-  ordinance  shall  be  subject  to  any  ordinance  or  ordinances 
that  may  hereafter  be  passed  by  the  City  Council  con- 
cerning the  same. 
Mayor  to  con-     ^^^^-  l^^^.  (8)  That  the   Mayor   be   requested   and 
jjj  authorized  to  enter  into  contract  for  one  year  with  the 
said  telephone  company  or  companies,  to  carry  out  the 
objects  of  this  ordinance. 
Repeaiinc     Art.  1657.  (9)  That  all  ordinances   or  parts  of  or- 

clause.  .  ^  ^ 

lb.  dinances  m  conflict  with  the  provisions  of  this  ordinance 
be  and  the  same  are  hereby  repealed. 
Adopted  December  18,  1883. 

TELEGRAPH   POLES. 

Erection  of     Art.  1658.    (1)    That   from   and    after  the   passage 
Sniawtiir*^  *""  of   this  ordinance  it  shall  not  be  lawful  to  maintain   or 
^ord.  No.  547,  qj.qq^  ^uy  polcs  in  the  streets,  ways  and  public  places  of 
Jan.  11, 1884.  |.j^g  ^j^y^  £qj.  ^jjg  purpose  and  use  of  supporting  wires  for 
telegraph   purposes,  except  on  the  conditions  hereafter 
provided  in  this  ordinance, 
Elevation,  etc.     Art.  1659.  (2)  That   Said  poles  shall   not  be  of   an 
^*'' elevation,  at  the   lowest  wire,   less  than  forty  (40)  feet 
from   top  of  curbstone ;  that  their  depth  of  insertion  in 
the  earth  shall  not  be  less  than  five  (5)  feet  from  top  of 
curbstone,  and  their  dimension  at  a  point  of  six  (6)  feet 
above  the  surface  or  top  of  curbstone  shall  not  be   less 
than  forty  (40)  inches  in  circumference,  orthirteen  (13) 
inches  diameter.     They  shall   be    straight   and   have  a 
smooth   plain  surface,   which  shall   be  painted   brown, 
blue,  green  or  some  other  color,  to  distinguish  the  com- 
pany owning  them,  from  the  ground  fifteen  (15)  feetup- 
ward,  and  thence  white  to  top  extremity;  in  black  letters 
have  branded  upon  them  six  (6)  feet  above  the  curbstone 
the  name   of  the  company  owning   them,  and  shall    be 
placed  upon  sidewalks  close  to  and    on  the  inner  face  of 
the  curbstone,  and  shall  be   taken  down  and   replaced 
whenever  found   to   be   dangerous   from  decay,    splits, 
breaks  or  spoils. 


POLES.  637 

Art.  1660.  (3)  That  no  fresh  or  new  lines  of  poles  Boundaries. 
for  purposes  above  described  shall  be  erected  within  the 
city  limits  without  having  previously  obtained  the  con- 
sent, by  ordinance  or  resolution,  of  the  Council;  and 
further,  no  such  poles  shall  be  allowed  to  be  erected,  nor 
any  existing  pole  allowed  to  remain  in  that  portion  of 
the  city  bounded  by  Jackson  street,  Elysiau  Fields,  Ro- 
man street  aud  the  Mississippi  river,  except  upon  the  m^rt.""^'  ^^^~ 
payment  of  five  ($5)  dollars  per  annum  per  pole  for 
every  such  pole  erected  or  at  present  in  use  within  the 
limits  above  described  ;  said  payments  to  be  in  consid- 
eration of  the  privilege  and  advantage  of  entering  upon, 
using  and  permanently  occupying  the  streets,  ways  and 
places  of  the  city  for  private  profit,  and  to  be  paid  an- 
nually in  advance,  commencing  January  1,  1884,  and  all 
poles  outside  of  said  limits  to  be  exempted  from  said 
payment. 

Art.  1661.  (4)  That  in  addition  to  the  price  paid  per  ^^^y^  eights. 
annum,  as  herein  set  forth,  the  city  shall  have  the  right,  '*'• 

under  such  regulations  as  may  be  established  by  the 
Council,  to  use  such  poles  gratuitously  for  the  support 
of  such  wires  as  may  be  found  necessary  tor  the  service 
of  the  fire,  fire  alarm  or  police  departments.' 

Art.  1662.  (5)  That  the   location,  condition,  inspec-    Location  and 
tion^and  placing  of  said  poles  shall  hereafter  be  put  un-S"P«''^''''«"jj^ 
der  the  control  of  the  Commissioner  of  Public   Works 
and  City  Surveyor.    • 

Art.  1663.  (6)  That  such  sums  of  money  as  may  be  Bienviiie drain- 
paid  during  the  year  1884  into  the  City  Treasury,  un-    '"^  machine. 
der  this  ordinance,  shall  be  exclusively  devoted  to  the 
renovation  or  repair  of  the  Bienville  street  draining  ma- 
chine and  the  canals  leading   thereto   or  therefrom,  as 
may  be  hereafter  ordered  by  the  Council. 

Art.  1664.  That  his  Honor,  the  Mayor,  be  requested  Notarial  act' 
aud  authorized  to  enter  into  contract  for  one  year  with  ^^ 

the  Western  Union  Telegraph  Company  to  carry  out  the 
objects  of  this  ordinance. 

Art.  1665.  That  all  ordinances  or  parts  of  ordinances  Repealing 
in  conflict  with  the  pi-ovisions  of  this  ordinance  be  and  ^^^'^^^-  ^^ 
the  same  are  hereby  repealed. 


638  POLICE. 

POLICE. 

See  Offences — Recorders — Streets — Wharves. 
Act  No.  63  of  1888. 

Creating  a  Police  Board  for  the  city  of  New  Orleans,  and  defining 
its  powers. 

Police  Board      SECTION  1 .  Be  it  enacted  by  the  General  Assembly  of  the  State  of 

nVw^  oilcans -^<*'^***«"<^»  That  the  powers  and  duties  connected  with  and  inci- 

created.  dent  to  the  police  department  and  police  discipline  of  the  city  of 

New  Orleans  and  the  parish  of  Orleans  shall  be,  as   hereinafter 

more  especially  provided  for,  vested  in  and  exercised  by  a  board 

How    to   be  consisting  of  six  commissio"hers  and  of  the  Mavor  of  the  city,  to 

composed.  °  .  .  t 

be  styled  the  '•  Police  Board  of  the  city  of  New  Orleans."  and  by 

^uch  otMcers,  patrolmen,  employees  and   clerks  as  may  be  ap- 

^,     .  ,  pointed  by  said  board ;  provided,  that  the  said  commissioners 

Number    and  ^  ''  ^    t-  ■> 

qualifications  shall  be  residents  of  the  several  districts  of  the  city  of  New  Or- 

s/onl^rs'"™  sai^d  leans,  excepting  in  the  case  of  the  Sixth  and  Seventh  Districts, 

board.  which  shall  be  consolidated  for  the  purposes  of  this  act  and  be 

allowed  one  commissioner. 

Commission-      Sec.  2.  That  Said  commissioners  shall  be  elected  by  the  Com- 

edV  t^e  T^m  '^o  f  nion  Council  of  New  Orleans,  two  for  the  term  of  four  years,  two 

".*  V'Jfin^d  ^^^  ^^^  term  of  eight  vears  and  two  for  the  term  of  twelve  years. 

In  case  of  death,  resignation  or  removal  from  ofiice  of  any  of  said 

Qualifications  commissioners,  the  vacancy  shall  be  filled  by  said  board  for  the 

of  commission- mjg3jpij.g(j  ^gj.,^  Qf  ga^j(j  commissioner;  and  upon   the  expiration 

of  the  terms  of  any  such  commissioners  the  office  shall  be  filled 

Meetings  of  ]yy  election  by  said  Common  Council  for  a  term  of  twelve  vears, 

said      board ;     •'  •?  -  , 

when   and   bv  as  above  Stated.     Said  commissioners  shall  be  citizens  of  the 
tob°e"hei*d.'''''^'*  United  States  and  of  this  State.    Said  board  shall  meet  at  least 

twice  a  month,  and  as  often  as  necessary,  subject  to  the  call  of 

the  Mayor. 

Mayor  to  be 

presiding    offi-     Sec.  3.  The  Mayor  of  the  city  of  New  Orleans  shall  be  the  pre- 

a'^castTng^  vot'e^  siding  officer  of  said  board,  but  shall  have  only  a  casting  vote 

Board  to  therein.     The  board  shall  elect  one  of  its  members  as  president 

elect     a    presi- 
dent pro  tem.    pro  tempore  of  the  board.     Not  less  than  four  of  said  conimis- 

mi^sTon  ers'to^^^^^''^  shall  Constitute  a  quorum. 

'^uo^um''"'^  *     Sec.  4.  The  persons  severally  appointed  Commissioners  of  the 
Police  Board  by  virtue  of  this  act  shall,  before  exercising  any  of 
ers  to"take^oat"h  the  dutics  thereof,  duly  take  and  file  in  the  office  of  the  Secretary 
t°he°?o'^be  Habie  ^*  ^^^^^  *^^  ^^^^  °^  *^^*^^  ^^^  aftidavit  Of  eligibility  prescribed 
to  removal   by  for  State  otficcrs,  and  may  at  any  time  be  removed  by  the  Mayor 
t  e  mayor.         ^^  ^^^  ^.^^  ^^  New  Orleans,  for  high  crimes,  malfeasance  or  mis- 
Proviso  demeanors,  for  incompetency,  for  corruption,  favoritism,  extor- 
tion or  oppression,  or  for  gross  misconduct  or  habitual  drunken- 
ness; provided,  that  in  all  cases  when  charges  are  made  agains 


POLICE.  639 

a  commissioner,  he  shall  have  an  opportunity  to  present  evidence 
in  his  behalf. 

Sec.  5.  The  said  board  shall  proceed  to  an  organization  at  its    t  i  m  e  an  d 
first  meeting;  in  the  month  of  Julv  of  every  fourth  year  by  elect-  manner  of  the 

°  '.  ,  1  .      ,  ,     organization  of 

ing  one  of  its  members'to  be  president  pro  tempore^  and  a  suitable  saidboard; 

person  to  be  secretary  and  treasurer,  whose  powers,  duties,  salary  p^^^^s  'a°nd  Ifx 

and  term  shall  be  regulated  and  fixed  by  said  board;    provided,  their  salaries. 

that  the  salary  of  said  treasurer  and  secretary  shall  not  exceed  ^  j^*^  e°r't™re- 

$1500  per  annum.     No  member  of  said  board  shall  receive  anycei^e  any  sal- 
ary whatever. 
salary  whatever. 

Sec.  6.  The   said  board   shall    appoint    a    superintendent,   a      powers   and 
police  surgeon,   and    as   many    captains,   sergeants,   corporals,  ^^^l  °^   ^^^-^ 
clerks,  operators,  patrolmen  and  doormen  that  may  be  requisite, 
and   the   said  board  shall,  with  the  sanction  of  the  Mayor,  pro- 
mulgate  all   rules,   regulations  and  orders  to  the  police  force, 
through  the  Superintendent  of  the  Police  Force,  who  shall  be  the 
executive  head  of  the  whole  force,  and  shall  have  the  direction 
of  said   police  force  subject  to  rules,  regulations  and   orders  of 
saidboard;  provided,  however,  that  nothing  herein  shall  be  so 
construed   as  to   impair,    diminish   or  reduce   the  power  of  the     Proviso. 
Mayor  as  commander  in  chief  of  said  police  force  to  issue  such 
orders  as  might  be  necessary  and  proper  for  the  preservation  of 
the  peace  in  the  city  of  New  Orleans  and  promote  the  efficiency 
of  said  force. 

Sec.  7.  Each  officer  and   member  of   said  police  force  shall      officers  and 
hold  office  respectively  during  good  behavior,  and  shall  be  liable  i7ce'"''force  ^to 
to  removal  from  office  after  written  charges  shall  have  been  pre-  hold  office  dur- 
ferred  against  him  and  due  trial  had  according  to  the  rules  andh"a  vf  or;  the 
regulations  of  said  board,  and  when  such  officer  or  members  of  ^°  g^g  ^^^  t^eir 
said  police  force  shall  be  laboring  under  any  disability  through  removal, 
sickness  or  accident ;  provided,   no   removal    shall  be  made  for 
any  such  disability  unless  the  same  shall  have  existed  for  more 
than  three   months    and   shall  be  of  a  permanent  or  incurable 
nature.     But  no   person  shall  be  appointed   to   membership  of 
said  police  force  unless : 

1.  He   is  able  to  read  and  write  the  English  language  under-    Qua  ifications 

standingly.  *  "  <^      require- 

o  •'  ments  of   mem- 

2.  He  is  a  citizen  of  the  United  States  and  has  been  so  for  a  bers  of  said  po 

lice  force. 

year. 

3.  He  has  been  a  resident  of  this  State  during  a  term  of  five 
years,  two  years  of  which  in  the  city  of  New  Orleans  next  prior 
to  his  application  for  appointment. 

4.  He  has  never  been  convicted  of  crime. 

5.  He  is  at  least  five  feet  six  inches  in  height. 

6.  He  is  above  the  age  of  twenty-one  years. 

7.  He  is  of  good  health  and  sound  in  body  and  mind. 

8.  He  is  of  good  moral  character  and  habit. 

9.  Nor  unless  he  has  been  examined  by  the  Civil  Service  Board 


640  POLICE. 

of  Examiners  to  be  appointed  by  said  police  board  and  his  name 
appears  on  the  eligible  list. 
Commission-     Sec.  8.  None  of  the  commissioners  of  said  police  board  nor 
officers  or°em*  any  of  the  officers  or  employees  of  the  police  force  shall  accept 
Kibited  ^f  r  o'^ni  ^^  ^^^^  ^"^  Other  place  or  office  of  public  trust  during  his  or  their 
holding  any  term  of  officc ;  and  if  he  or  they  shall  fail  within  ten  days  follow- 
ing his  or  their  appointment  or  election  to  such  place  or  office  of 
Penalty   for  public  trust  to  resign  as  commissioner  or  officer  or  employee  of 
the  police  force,  he  or  they  shall  be  ipso  facto  suspended  from 
the  same. 
Vacancies,     Sec.  9.  Vacancies  in  the  police  force  shall  be  filled  as  follows: 
°^       e     e  .  Qa^p^a^jjjg  must  i^g  appointed  from  amongst  sergeants,  sergeants 
from  amongst  corporals,  and  corporals  from  among  patrolmen, 
and  patrolmen  from   among  supernumeraries;    provided,   that 
roviso.         g^^j^  promotion  be  made  after  due  examination  of  the  applicant 
by  a  board  of  examiners  appointed  by  the  superintendent  of 
police. 
Mayor  to  be     Sec.  10.  The  Mayor  of  the  city  of  New  Orleans,   as  ex-offlcio 
chieff  *"^'^'  '°  justice  and  conservator  of  the  peace,  shall  be  the  commander  in 
chief  of  the  police  force. 
Each  mem-     Sec.  11.  Evcry  member  of  the  police  force  shall  have  issued 
have   a"certiii°  ^  ^^™  *  Certificate  of  his  appointment  signed  by  the  president 
cate  of  his  ap-  qj.  president  pro  tern,  and   by  the  secretary  and  treasurer  of  the 
board. 

Police  board      ^^c.  12.  The  Police  Board  shall  make  suitable  provisions  re- 
to   r  e  q  u  i  r  e  gpecting  the  security  to  be  given  by  the  officers  and  employees 

bonds  previous    ^  ?>  ^  a  .'  t-     j 

to  issuance   of  Under  their  control,  and  shall  require   them   to  file  their  bond 
appo^ntoen^t.^^^^d  ^^th   of  office   previous  to   the  issuance  of   the  certificate 
mentioned  in  the  previous  section. 

Power   of     Sec.  13.   The   said   Police   Board  shall   have  power    in  their 

board  to  try,  ^ 
condemn    and 

punish  any  offi- force  for  any   legal    offence  or  neglect  of  duty,  or  violation  of 
of  police  force,  rules.  Or  disobedience  of  orders,  or  incapacity,  or  absence  with- 
out leave,  or  any  conduct  injurious  to  the  public  welfare,  or  im- 
moral  conduct  or   conduct    unbecoming    an    officer,   or    other 
All   lines   to  breach  of  discipline,  to   punish  the  offending  party   by   repri- 
sion^fund  ^^"~  mand,  forfeiture  or  suspension  of  pay  for  a  specified  time,  or  by 
dismissal  from  the  force.     All  fines  shall  go  to  the  pension  fund 
for  disabled  and  retired  members  of  the  force,  to  be  created  by 
said  board,  and  as  hereinbelow  provided  for. 

Penalty  for     Sec.   14.   No   officer  Or  member  of  the  police  force,   under 
withdrawal    or  penalty  of  forfeiting  the  salary  that  may  be  due  him,  shall  with- 

resjgnation^  j  »  j  j 

wi  th  out  per-  draw  or  resign  except  by  permission  of  the  force.  Unexplained 
senceT^vv^thout  ^^^^'^^^  ^^*^^*^*' ^®^^^  *°^  three  days  shall  be  deemed  and  held 
leave.  to  be  a  resignation  by  such  officer  or  member,  and  accepted  as 

such. 


POLICE.  641 

Sec.  15.  The  said  Board  of  Commissioners  shall  have  power  Board  of 
to  issue  subpamas  attested  in  the  name  of  its  president  to  com-  ,'^o'hl^f  ^powJr 
pel  the  attendance  of  witnesses  in  anv  proceeding  authorized  by  to    issue    sub- 

,.  ,.  ■  ,  ,,,.  poenasand 

its  rules  and  regulations  touching  the  members  of  the  force.         compel  attend- 
Each    commissioner    of     the    board,    the    Superintendent    ()^aesses.°^  '"^^~ 
Police  and  the  Secretary  and  Treasurer  are   hereby  authorized  .    . 

and  empowered  to  administer  oaths  and  affirmations  to  any  per-  ers  oi  Police 
sons  summoned  and  appearing  in  any  matter  or  proceeding  ^J^^""^^  ^^'^^  ^^' 
authorized  as  aforesaid,  or  to  take  any  deposition  necessary  to  be  Superintendent 
made  under  the  orders,  rules  and  regulations  of  the  board,  or  for  thorized  to  ad- 
the  purpose  of  this  act.  Any  wilful  and  corrupt  false  swearing  •"•"'»*«'■  oath's, 
by  any  witness  or  person  to  any  fact  in  the  proceedings  above  wiifuTan^d  cor- 
mentioned  shall  be  deemed  perjury,  and  punished  in  the  '"anner  ^^P^^[^^*^^ 
now  prescribed  by  law  for  such  offences.  witnesses. 

Sec.  16.     The  said  Police  Board,  in  furtherance  of  the  police  poiice  Board, 
government  and  for  promoting  and  perfecting  the  police  disci- 
pline of  officers  and  subordinates  of  the  police  force,  are  empow- 
ered, in  their  discretion,  to  enact,  modify  and  repeal  from  time 
to    time   orders,  rules   and    regulations    of    general    discipline,  j^^   ^^^^^.^  ^^^^ 
wherein,  in  addition  to  such  general  provisions  as  may  be  deemed     duties, 
expedient  by   said   board,   tliere   may   be   particularly   defined, 
enumerated  and  distributed,  the  powers  and  duties  and  liabili- 
ties of  the  officers,  clerks  and  members  of  the  police  force,  and 
wherein  shall  be  declared  the  mode  of  appointment  to  office,  the 
manner  of  discipline  and  procedure  of  trial  and  removal  from 
office  of  the  said  officers,  clerks  and  members  of  said  force;  pro- 
vided, that  such  laws,  ordinances,  orders,  rules  and  regulations, 
forms  and  modes  of  procedure  shall  not  conflict  with  any  of  tlie 
provisions  of  this  act. 

Sec.  17.  It  is  hereby  made  the  duty  of  the  police  force  at  all  Dutiesof  Police 
times  of  day  and  night,  and  the  members  of  such  force  are  hereby  °^'^^' 
thereunto  empowered,  to  especially  preserve  the  public  peace,  to 
prevent  crimes,  detect  and  arrest  offenders,  suppress  riots,  mobs 
and  insurrections,  disperse  unlawful  or  dangerous  assemblages 
which  obstruct  the  free  passage  of  public  streets,  sidewalks, 
parks,  squares  and  places;  protect  the  rights  of  persons  and 
property,  guard  the  public  health,  preserve  order  at  elections 
and  all  public  meetings  and  assemblages,  prevent  and  regulate 
the  movement  of  teams  and  vehicles  in  streets,  and  remove  all 
nuisances  in  public  streets,  parks  and  highways;  arrest  all  street 
mendicants,  beggars  and  vagrants,  provide  proper  attention  at 
fires,  advise  and  protect  immigrants,  strangers  and  travelers  in 
public  streets,  at  steamboat  and  ship  landings  and  at  railroad 
stations;  carefully  observe  and  inspect  all  places  of  public  amuse- 
ment, all  places  of  business  having  licenses  to  carry  on  any  busi- 
ness, all  houses  of  ill  fame  or  prostitution,  and  houses  where 
<)ommon  prostitutes  reside  or  resort;  all  lottery  offices  unauthor- 
ized by  law,  policy   or  bucket   shops;  all  gambling  houses  or 


642  POLICE. 

Power  to  ar- houses  where  keno.  lotto  or  other  games   are   played:  all   cock- 
warrant,  pits,  rat  pits  and  public  dance  houses;  and  to  repress  and  restrain 
all  unlawful  or  disorderly  conduct   or  practices  therein :  enforce 
and  prevent  the  violation  of  all  laws  and  ordinances  in  for-ce   in 
Proviso.         said  city;  and  for   these  purposes,  with   or   without  warrant,  ta 
arrest  all  persons  guilty  of  violating  any  law  or  ordinance  for  the 
suppression  or  punishment  of  crimes  or  offences;  provided,  noth- 
ing herein  shall  be  construed  as  permitting  or  authorizing  policy 
or  bucket  shops,  gambling  houses,  or  houses  where  keno,  lotto  or 
other  games  are  played. 
dent'Cf^'^Porice     ^^^'  ^^'     ^^^  Superintendent  of  the  police  force  shall  make  to 
Korce ;  his  du-  the  Police  Board  monthly  reports  in  writing  of  the  state  of  the  de- 
ties  defined.       partment,  with  such  statistics  and  suggestions  as  he  may  deem 
Board  to  make  advisable  to  submit  for  the  improvement  of  the  Police  Depart- 
report  to  tiie  ment  and  discipline  of  said  police.     The  board  shall,  on  or  before 

Common 

Council.  the  hrst  Monday  in  January  of  each  year,  make  a  report  in  writ- 
ing to  the  Common  Council  of  New  Orleans  of  the  condition 
of  the  police  force. 

City  Attorney     Sec.  19.     The  City  Attorney  shall   be  the  legal  adviser  and 

to  be  legal  ad-  ,    ,  .^f         -,       .  .  , -,.  .  ,         ° 

visor  of  said  attorney  of  the  said  board  without  additional  compensation. 

Sec.  20.     The  said  Police  Board  shall,  on  the  first  Monday  in 

req°u'^red°To  the   month   of  December  of  each  year,  proceed  to   make  up  a 

make   annual  j^jiancial  estimate  of  the  sums  required  for  the  expenses  during 

financial  esti-  the  cnsuing  year  of  the  police  force,  law  expenses  and  disburse- 

penses.  °     ^^  ments  of  the  Police  Board,  or  rendered  necessary  In  criminal  or 

civil  actions  and  proceedings  against  the  said  commissioners  or 

officers,  or  members  of  the  force  for  acts  done  in  the  discharge  of 

duty,  or  by  color  of  office  and  also  for  the  salaries  and  pay  re- 

(juired  by   virtue   of  this  act.     The  Common  Council  shall  set 

Duty  of  Com- aside   in  the  budget  of  expenses  a  sum  equal  to  that  required 

men    council  »  f  i  i 

to  make  ap  according  to  the  estimate  made  as  aforesaid  by  the  Police  Board; 
propriation.    p^Qyjjjg^^  j^^at  Said  Council  shall  have  the  right  to  reduce  said 
estimate  to  a  sum  not  less  than  one  hundred  and  fifty  thousand 
dollars  for  the  Police  Department,  including  the  amount  to  be 
received  from  the  wharf  lessees,  whenever  the  revenues  of  the 
city  will  not  justify  or  permit  a  larger  appropriation. 
Members  of     Sec.  21.  Xo  member  of  the  police  force  shall  be  permitted  to 
prohibiu-d  from  solicit  or  be  Obliged  to  make  coatrlbutions  in  money  or  other- 
doing  certain  ^[ge,  on  any  pretext,  to  any  person,  committee  or  association  for 
any  political  purpose  whatever;  nor  shall  any  member  of  said 
force  be  permitted  to  be  a  delegate  or  representative  to  or  mem- 
ber of  any  political  or  partisan  convention  whose  purpose  is  the 
nomination  of  a  candidate  or   candidates   to   any   political  ofiice. 
He  shall  not  take  part  in  any  convention  held  for  the  nomination 
of  candidates  for  political  office.     Upon  the  day  of  election   for 
public  affairs  held  under  the  laws  of  the  State,  or  of  primaries  of 
any  political  party,  he  shall,  whether  specially  assigned  to  attend 
the  polls  or  otherwise,  do  all  in  his  power  to  preserve  the  peace. 


POLICE.  643 

He  is  also  prohibited  from  selling  or  assigning  his  salar}*  by  an- 
ticipation or  in  advance,  or  giving  powers  of  attorney  for  the  col- 
lection thereof. 

Sec.  22.  The  Police  Board  may,  in  their  discretion,  permit  m  e  mbers  of 
members  of  the  force,  for  services  rendered  by  them  in  maybe  alfowed 
the  discharge  of  their  duties,  which  are  both  "-meritorious  and  to   receive  re- 

,  ,  .  ,  ,  .       wards,  presents 

extraordmary,  but  for  such  only,  to  receive,  under  the  restric-  or  testimonials 
tions  provided  in  this  section,  rewards,  presents  or  testimonials  a"a"Jnd'er'^cer- 
tendered  them  for  such  services.  When  any  such  reward,  pres-  tain  restric  - 
ent  or  testimonial  is  proffered,  it  must,  money  or  otherwise,  first 
be  deposited  with  the  treasurer  of  the  board  to  await  such  final 
action  as  the  board  may  take  upon  it.  If  the  reward  or  present 
be  a  sum  of  money,  the  treasurer  shall  deduct  therefrwu,  unless 
the  Police  Board  otherwise  direct,  for  the  benefit  of  the  police 
pension  fund,  twenty  per  cent,  on  all  sums  less  than  one  thou- 
sand dollars,  and  twenty-five  per  cent,  on  all  sums  above  one 
thousand  dollars — paying  the  balance,  on  proper  vouchers,  to 
whom  it  is  intended.  In  each  and  every  case  application  must  be 
made  to  the  board,  in  writing,  for  permission  to  receive  an}-  re- 
ward, present  or  testimonial,  and  it  will  be  granted  or  not,  as  the 
board  may  deem  advisable.  The  nature  or  the  amount  of  the 
reward  or  present  must  be  stated  in  the  application.  Applica- 
tion for  permission  to  receive  testimonials  voted  members  of  the 
force  at  fairs,  receptions,  balls,  picnics  or  other  i^ublic  gatherings 
shall  be  denied. 

Sec.  23.  All  tines  imposed  by  the  Police  Board  upon  members  ah  fines  coi- 
of  the  police  force,  bv  wav  of  discipline,  and  collectible  from  pav  lected  to  be  de 

^  .?  .  I  f   .    posited  in  bank 

or  salary,  and  all  rewards,  fees,  proceeds  of  gifts  and  emoluments  to  the  credit  of 
that  may  be  paid  and  given  for  account  of  extraordinary  services  sion  Fund.'^  " 
of  any  member  of  the  police  force,  except  when  allowed  to  be  re- 
tained by  said  member,  and  all  moneys  remaining  for  the  space 
of  one  year  in  the  hands  of  the  property  clerk,  or  arising  from 
the  sale  of  unclaimed  goods,  and  all  proceeds  of  suits  for  penal- 
ties,  shall  be  deposited  and  paid  into  the  bank,  wherein   the 
treasurer  of  the  Police  Board  shall  keep  an  account.     The  pay- 
ment  so  made  shall  constitute  and  be  deposited  and  kept  as  a  Tlietrea'urers 
fund,  to  be  called  the    -'Police  Pension  Fund,"  and  the  persons  board   and    of 
who  shall,  from   time   to   time,  fill   the  otlice  of   said  Treasurer  Srk"7s°^mad^ 
of  the  Police  Board,  and  that  of  Treasurer  of  the  city  of  Xew  Or-  trustees  of  said 

pension     fund, 

leans,  are  hereby  declared  the  trustees  of  the  said  fund,  and  may,  with  power  to 
from  time  to  time,  invest  the  same,  in  whole  or  in  part,  as  they  '"^est  the  same, 
shall  deem  most  advantageous  for  the  objects  of  said  fund,   and 
are  empowered   to   make   all   necessary  contracts  and  take   all 
necessary  remedies  in  the  premises. 

Sec.  24.  If  any  member  of  the  police  force,  whilst  in  the  actual  Annuities  to 
performance  of  duty,  shall  become  permanently  disabled  so  as  to  ^ a  ?  n''me?nbers 
render  his  dismissal  from  membership  proper,  or  if  anj'  such  of  police  force. 
member  shall  become  superannuated  after  twenty  years  of  mem- 


644  POLICE. 

bership.  a  sum  of  not  exceeding  one  hundred  and  fifty  dollars  as 
an  annuity  to  be  paid  such  member  shall  become  chargeable 
upon  the  police  pension  fund;  if  any  member  of  the  police  force, 
whilst  in  the  actual  discharge  of  his  duty,  shall  be  killed  or  shall 
die  from  the  immediate  effect  of  any  injury  received  by  him 
whilst  in  such  discharge  of  duty,  or  shall  die  after  twenty  years' 
service  in  the  force,  and  shall  leave  a  widow,  and  if  no  widow,  any 
child  or  children  under  the  age  of  16  years,  a  like  sum  bj'^  way 
of  annuity  shall  become  chargeable  upon  said  fund,  to  be  paid  to 
such  widow  so  long  only  as  she  remains  unmarried,  or  to  such 
child  or  children  so  long  as  said  child  or  youngest  of  said  chil- 
dren continue  under  the  age  of  16  years.  In  every  case  the  Police 
Board  shall  determine  the  circumstances  thereof,  and  order  pay- 
ment of  the  annuity  to  be  made  by  draft.'signed  by  each  trustee 
of  the  said  fund;  provided,  that  if  any  otlicer,  whilst  in  the  dis- 
charge of  his  duties,  receives  injuries  which  disable  him  for  ser- 
vice, he  shall  receive  full  pay  as  long  as  said  disability  shall  last, 
unless  said  injury  be  of  a  permanent  nature;  and  provided  said 
disability  shall  not  exceed  six  months. 

Sec.  25.  Be  it  further  enacted^  etc..  That  all  laws  or  parts  of 
laws  inconsistent,  contrary  to,  or  in  conflict  with  the  present  act, 
be  and  the  same  are  hereby  repealed. 

Provisions   for     ^RT.  1666.  That  tilt;  commaiiders  of  the  varions  pre- 

police  jail.  ^ 

ord.  No.  3000,  cinct  police  stations  be  and  they  are  hereby  authorized 
juiy24, 18S8.  to  draw  requisition  on  the  parish  prison  or  police  jail  for 
the  supply  of  such  provisions  as  may  be  necessary  to 
feed  prisoners  confined  in  said  stations  over  Sundays  or 
legal  holidays,  and  the  Commissioner  of  Police  and  Pub- 
lic Buildings  is  hereby  directed  to  honor  said  requisi- 
tions. 
Private  watch-      Art.  1667.  That  all  private  watchmen  be  and  they  are 

men.  '^  '' 

^ord.  No.  3229,  hereby  authorized  and  requested  to  make  daily  reports  of 

ort.  2. 18S8.    all  lights  out  on  their  respective  beats  to   the  Chief  of 

Police  through  their  respective  employers  or  otherwise. 

Art.  1668.  That  such  reports  shall  be   treated  by  the 

Chief  of  Police  and  forwarded  to  its   proper  destination 

as  though  made  by  the  city  police.  ' 

boylan's  detective  agency  and   protection  police. 

Mayor  tp  com-  Art.  1669.  (1)  That  thc  Mayor  of  the  city  of  New  Or- 
uofmTn.^  ^"  leans  be  and  he  is  hereby  authorized  at  his  discretion  to 
Nov.',^8&).     commission  as  patrolman,  with  police  powers,  each  per- 


POLICE.  645 

son  employed  as  a  member  of  M.  J.    Farrell's  Harbor 
Protection  Police. 

Art.  1670.   (2)  That  the  pferson  commissioned  by  the    Bond  and 
Mayor  in  conformity  with  the  provisions  hereof,  shall  ^*'"^^'        id. 
not  be  required  to  furnish  the  bond  to  be  executed  by 
patrolmen  under  Ordinance  No.  3914,  A.  S.,  nor  shall 
such  persons  receive  or  be  entitled  to  any  salary  or  com- 
pensation of  any  kind  from  the  city  of  New  Orleans. 

Art.  1671.  That  Ordinance  No.  6715,  A.  S.,  be  and  changing 
is  hereby  amended  as  follows:  Strike  out  "  M.  J.  Far-  Ord.'No.3762, 
rail's  Harbor  Protection  Police,"  and  insert  ^'  Boylan's  May  21,1889. 
Detective  Agency  and  Protection  Police." 

Art.  1672.  That  permission  be  and  the  same  is  hereby  Pe  rm  1  ssion 
granted  to  Boylan's  Detective  Agency  and  Protection  ord.  N0.9330; 
Police  of  the  city  of  New  Orleans,  their  successors  or  June  26. 1894. 
assigns,  to  string  wires  from  their  central  office  to  con- 
nect with  signal  boxes  and  other  electrical  appliances 
to  be  erected  by  the  said  agency  for  the  better  protec- 
tion of  the  patrons  of  said  agency.  The  current  from 
said  wires  to  be  from  a  battery  to  be  very  light  and  not 
liable  to  cause  injury  or  damage.  In  stringing  said 
wires,  the  said  Boylan's  Detective  Agency  and  Protec- 
tion Police,  their  successors  or  assigns,  shall  have  the 
right  to  attach  them  by  suitable  fastenings  to  the  sides 
or  roofs  of  buildings,  taking  all  necessary  precautions 
in  no  manner  to  injure  the  buildings  to  or  on  which 
said  wires  may  be  attached ;  provided,  however,  that 
any  damage  done  to  said  buildings  shall  be  immedi- 
ately repaired  by  the  said  Boylan's  Detective  Agency 
and  Protection  Police,  their  successors  or  assigns. 

Art.  1673.  That  permission  is  hereby  granted  to  the  to  use  poles, 
said  Boylan's  Detective  Agency  and  Protection   Police,  ^''• 

their  successors  or  assigns,  to  use  existing  poles  in  lieu 
of  house  tops,  etc.,  if  same  are  found  to  be  practicable. 

Art.  1674.  That  they  shall  be  subject  to  all  police  subject  to  po- 
regulations  now  governing  the  matter  of  attaching  wires  [j^^g/  «g"'*- 
on  the  roof  or  sides  of  buildings ;  and  that  the  city  shall  ^''• 

have  the  right  to  connect  any  of  her  departments  free 
of  charge. 

Art.  1675.    That  this   privilege  be  revocable  at  the 
pleasure  of  the  Council. 


646  POLICE   PATROL   SYSTEM. 


Decisions. 

Act  63  of  1888,  which  creates  a  Police  Board  for  the  city  of  Xew 
Orleans  and  defines  his  powers,  is  not  unconstitutional,  and  its 
provisions  must  be  carried  out.     41  An.  156. 

Sec.  6  of  Act  63  of  1888  authorizes  the  Police  Board  of  the 
oity  of  Xew^  Orleans  to  appoint  a  Superintendent  of  Police  and 
other  subordinate  officers  of  the  force,  and,  vith  the  sanction  of 
the  Mayor,  to  promulgate  all  rules,  regulations  and  orders  to  the 
police  force  through  the  Superintendent. 

Sec.  16  thereof  provides  that  the  Police  Board,  in  furtherance 
of  the  police  government  and  for  promoting  and  perfecting  the 
police  discipline  of  officers  and  subordinates  of  the  police  force, 
are  empowered,  in  their  discretion,  to  enact,  modify  and  repeal, 
from  time  to  time,  orders,  rules  and  regulations  of  general  dis- 
cipline. The  powers  and  duties  imposed  are  essentially  and  alto- 
gether different,  those  of  the  former  relating  to  general  rules  gov- 
erning the  force,  while  those  of  the  latter  relate  to  police  gov- 
ernment and  discipline.  Of  the  latter  the  statute  has  given  the 
Police  Board  absolute  and  discretionary  power,  entirely  free 
from  the  sanction  and  control  of  the  Mavor.     4.")  An.  1477. 


POLICE  COURTS— See  Recorders. 


POLICE  JAILS — See  Prisons  and  Jails. 


POLICE  PATROL  SYSTEM . 

Signal  com-      ^\pjT   1676.  That  the  Mavor  be  and  is  hereby  author- 

pany.  •'  "^ 

Ord.  No.  1674,  ized  and  directed  to  enter  into  notarial  contract  with  the 
Not'aHai 'f^t' "^^^^^^  Telephone  and  Signal  Company  of  Chicago, 
111.,  for  the  erection  of  a  police  patrol  system,  to-vrit : 
That  the  said  Police  Telephone  and  Signal  Company, 
shall  fnrnish  and  place  in  readiness  for  operation  the 
necessary  ontfits  for  three  (3)  police  precinct  head- 
quarters for  the  sum  of  five  hundred  dollars  ($500) 
Police  patrol  gach,  and  one  hundred  (100)  street  sentry  boxes  for 
the  sum  of  two  hundred  dollars  ($200)  each,  the  loca- 
tions of  the  same  to  be  hereafter  designated  by  the 
Committee  on  Police  and  Public  Buildings,  and  that  the 
said  company  shall  also   furnish   all  the   necessary  tele- 


PRESCRIPTION.  647 

2:raph  wire  and  line  material,   and  build  such  lines   as  ^^^^^Necessary 

may  be  necessary  to  connect  the  above  mentioned  street 

sentry  boxes  and  central  office   outfits,  for  the  sum   of 

seventy-five  dollars   ($75)  per  mile,    said   work   to  be 

done  and  appliances  furnished   in   accordance  with  the 

bid   of    said   Police   Telephone    and  Signal  Company, 

dated  Chicago,  November  6,  1885. 

Art.  1677.  (2)  That  the   payment   of   same   to   said  ^^  ^P^y^ent  to 
Police  Telephone   and   Signal   Company  shall   be   pro-  i^. 

vided  for  in  the  budget  for  the  year  1887. 

Ordinance  No.  3827,  C.  S.,  provides  for  payment. 
Ordinance  Xo.  7107,  C.  S.,  provides  for  repairs. 
Ordinance  No.  7483,  C.  S.,  provides  for  empPoyment  of  a  com- 
petent person  to  repair  and  keep  in  good  condition. 


POLICE  AND  PUBLIC  BUILDINGS,  COMMISSION- 
ERS OF — See  Commissioners. 


PRESCRIPTION. 

ACT  OF  THE  LEGISLA  IlIM:. 
Act  Xo.  91  of  1858,  v.  (54. 

Kelative  to   prescription  of  certain  actions  against   the  city  of 
Xew  Orleans. 

Be  it  eii'icted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Louisiana^  in  General  Assembly  convened.  That  all  actions 
for  the  enforcement  of  any  contract  entered  into  with  the 
corporation  of  the  city  of  Xew  Orleans  for  work  and  labor  to  be 
performed,  and  for  the  recovery  of  any  damages  alleged  to  have 
arisen  in  favor  of  the  contractors  for  any  breach  thereof  on  the 
part  of  the  said  corporation,  shall  be  prescribed  if  not  instituted 
within  one  year  after  the  expiration  of  the  time  within  which  such 
contract  is  recpiired  to  be  performed  or  such  damages  are  alleged 
to  have  arisen. 

Act  50  OF  1894,  p.  60. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Louisiana,      Fixing  t  h  e 
That  section  nine  hundred  and  eighty-six  (986)  of  the  Eevised  ^'^J^^j^jji^^^^jj^Pg^'. 
Statutes  be  and  is  hereby  amended  and  re-enacted  so  as  to  read :  t  a  i  n  criminal 
Xo  person  shall  be  prosecuted,  tried  or  punished  for  any  offence,  *^^'^''^^®* 
wilful  murder,  arson,  robbery,  forgery   arid   counterfeiting  ex- 
cepted, unless  the   indictment  or  presentment  for  the  same  be 


648  PRISONS   AND   JAILS. 

found  or  exhibited  within  one  year  next  after  the  offence  shall  have- 
been  made  known  to  a  public  officer  having  the  power  to  direct 
a  public  prosecution.  Nor  shall  any  person  be  prosecuted  for 
any  fine  or  forfeiture  under  any  law  of  this  State,  unless  the  pros- 
ecution for  the  same  shall  be  instituted  within  six  months  of  the 
time  of  incurring  such  a  fine  or  forfeiture.  Nothing  therein  con- 
tained shall  extend  to  any  person  absconding  or  fleeing  from  jus- 
tice. Xor  shall  the  prescription  and  exemption  hereinbefore 
provided  apply  to  any  conviction  of  a  lesser  crime  or  offence, 
under  an  indictment  for  wilful  murder,  arson,  robberj-,  forgerj- 
or  counterfeiting,  but  on  the  contrary,  said  prescription  or  ex- 
emption shall  not  be  pleadable  against  such  an  offence. 


Prisons  and  jails. 

POLICE    JAIL. 

Workhouse     Art.  1678.  (1)  That  frotn  and   after  the   passage  of 
^'o  l''d"s^'N  o  s.  this  ordinance  it  shall  be  the  duty  of  the  Administrator 
?^2f:  a!  s^ ''"'*  of  Police  to  cause   to   be   repaired   the  old   Workhouse 
and  N''dv;',iSS6!  buildings  in  a  suitable  manner;  said  buildings  are  here- 
by constituted  and  shall  be  hereafter  known  and  used  as 
a  police  jail  for  the  city  of  New  Orleans. 
Undercharge     Art.  1679.  (2)  That  Said  policc  jail  sliall  bc  uudcr  the 
°or  ofpoTiw.''  charge  and  management  of  the  Administrator  of  Police, 
^^'  who  is  hereby  authorized  to  appoint  a  sufficient  force  for 
the  management  and  control  of  the  same,  subject  to  the 
approval  of  the  Council. 
Place  of  con-     Art.  1680.  (3)  That  said  police  jail  shall  be  used  as 


finement.     ^^^  pjacc  of  Confinement  for  all  persons  who  may  be  sen- 
tenced to  the  same  by  the  proper  authorities  under  ex- 
isting laws,  and   the  parties  so  sentenced   shall  be  em- 
ployed and  put  to  work  therein  in  accordance  with  such 
rules  and  regulations  as  may  be  prepared  by  the  Ad- 
ministrator of  Police  and  approved  by  the  Council. 
To  work  un-     Art.  1681.  (4)  That  all  persons   sentenced   to  work 
of  An^m?n*istra^  on  public  works  and  buildings  in  this  parish,  in  accord- 
mini.^'"'"'*'''^' ance  with  provisions  of   section  1,  Act  No.  38,  Acts  of 
1878,  regular  session,  shall  be  confined  in  said    police 
jail  and  employed  under  the  directions  of  the  Adminis- 
trator of   Improvements  on  such  works  as  the  Adminis- 
trator may  designate. 


PRISONS  AND  JAILS.  649 

Imp  r  ison- 
ment  in   police 

of  violation  of  city  ordinances  now  in  force,  for  which  i**'-  j^ 

the  punishment  is  fine  and  imprisonment,  the  imprison- 
ment shall  be  in  said  police  jail ;  provided,  that  nothing 
in  section  3  of  Ordinance  No.  6845  shall  be  so  con- 
strued as  to  imply  that  persons  sentenced  for  viola- 
tions of  city  ordinances  by  the  Recorders  of  the  city 
shall  be  pnt  to  work,  and  all  the  provisions  of  said 
Ordinance  No.  6845,  relative  to  putting  prisoners  to 
labor  on  pnblic  works  and  buildings,  shall  be  so  con- 
strued as  to  be  applicable  only  to  persons  sentenced 
thereto  by  the  criminal  courts  of  the  parish  nnder  the 
provisions  of  Act  No.  38  of  the  Acts  of  1878. 

Art.  1683.  (1)  That  in  all  cases  wherein,  by  existing    Recorders  au- 
ordinances,  the  Recorders  of  the  city  of  New  Orleans  c  o  m  m  i  t  to 

i      T        .,1       •       •     T    i-  i  •/       «.        T  ,         •  police    jail     or 

are  vested  with  jurisdiction  to  commit  offenders  to   im-  parish  prison, 
prisonment  in  the  police  iail  of   said  city,  they  be  and  c.  s." 

u         1  ^i,       •       ^  1  ji     /  -^  1        Sept.  23,  1884. 

are  hereby  authorized  and  empowered   to  commit   such 

offenders  to  imprisonment  either  in  the   parish   prison 

of  the  parish  of  Orleans  or  in  the  said  police  jail. 

Art.  1684.  (1)  That  hereafter  whenever  a  prisoner    Manual  labor 

committed  by  a  Recorder  of  this  city  to  the  police  jail  ^^'^^-  ^°-  76'. 

for  a  period  exceeding  ten  days  shall  be  willing  of  his    June  24,1884. 

own   accord  to   perform   manual   labor   on  any  of  the 

streets   or  public  improvements,  the  Commissioner  of 

Police  and  Public  Buildings,  with  the  Commissioner  of 

Public  Works,  shall  give  said  prisoner  such  employment  ^nder direction 

under  their  control  or  under  the  control  of  the  street  or    °^  ?"'^^'  su- 
perintendent. 

ward  superintendents,  as  said  Commissioners  in  their 
discretion  shall  think  fit. 

Art.  1685.  Any  prisoner  who  shall  thus  volunteer  to       Deductions 
work   shall  have  as  many  days  taken  off  or  remitted  °^  ^''^^'       ib. 
from  his   sentence  corresponding   with  the  number  of 
days  during  which  he  shall  have  performed  work  in  the 
manner  above  mentioned ;  provided,  that  such  days  be 
computed  at  the  rate  of  eight  hours'  solid  work  per  day. 

Art.  1686.  He   shall   also,  when    performing    such        Double 
work   receive   double  the  rations  usually  allowed  pris-  '■*^'°"- 
oners  in  the  police  iail,  and  be  given  such  tonics  or  in- .    Jonics  and 

r  0        7  »  invigoratives. 

vigoratives  as  will  be  best  calculated  to  increase  and  im-  im- 

prove his  efficiency. 


650  PRISONS   AND   JAILS. 

prisoned'! '  "  ^  ^^^-  ^^^^ '  That  the  commanders  of  the  various  pre- 
^uw^4'  fs8s'  ^"^^^  police  stations  be  and  they  are  hereby  authorized 
to  draw  requisition  on  the  parish  prison  or  police  jail  for 
the  supply  of  such  provisions  as  may  be  necessary  to 
feed  prisoners  confined  in  said  stations  over  Sundays  or 
legal  holidays,  and  the  Commissioner  of  Police  and 
Public  Buildings  is  hereby  directed  to  honor  said  re- 
quisitions. 
Matrons.  Art.  1688.    That  the    Commissioner   of   Police   and 

c.  s.'     '      '  Public  Buildings  be  and  he  is  hereby   authorized  to  ap- 
Amended  by  poiut  two  (2)  matrous,  ouc  cach  for  the  Third  and  Sixth 

c.'^s. '  "■  ''■''"'  Precinct  Police  Stations,  at  a  salary  of  forty  dollars  ($40) 
per  month  each;  provision  for  same  to  be  included  in  the 
appropriation  to  his  department  for  the  year  1890.  This 
resolution  to  take  effect  from  and  after  the  first  day  of 
January,  1890. 

•  PARISH   PRISONS. 

i8ss— 366         Sec.  2833.  Each  sheriff  shall  be  the  keeper  of  the  public  jail 

^fj*^""*'^^P°''of  his  parish  and  shall  by  all  lawful  means  preserve  the  peace 

Revised  and  apprehend  all  disturbers  thereof  and  other  public  offenders. 

statutes.  ^^  ^ 

1S16-24— I  ^^^-  2834.  The  police  juries  in  each  and  every  parish  of  this 

Police  Juries  state  and   the   Common   Council    of    Xew   Orleans  shall   have 

to  reenlate   the  ,     ,        •,  -,  ,      . 

police  of  jails,  power  to  pass  such  by-laws  and  regulations  as  they  may  deem 
expedient  for  the  police  and  good  government  of  the  jails  and 
public  prisons  in  their  parishes  respectively. 
1817—206— 4        Sec.  2835.  A   phvsician   shall   be   annually  appointed  by  the 

Physicians        ,.  .  .  ,  ^  .,,.,,  ,  , 

to  be  app'inted  police  jury  in   each   and  every  parish   who   shall   attend  such 
1852-188—1     prisoners  as  are  at   the  charge  of  the   State  whenever  they  are 
sick.     His  salary  shall  be  fixed  by  the  police  jury. 

1814— 3S—2  &3     ^'EC.   2836.    The    sheriffs,    jailors,    prison-keepers    and    their 
Provisions  to  deputies  Shall  furnish  to  each  and  every  prisoner  the  following 

prisoners.  per  diem  allowance  of  sound  and  wholesome  provisions,  to-wit: 

One  pound   of  beef  or  three-quarters  of  a  pound   of  pork,  one 
pound  of  wheaten  bread,  one  pound  of  potatoes  or  one  gill  of 
rice,  and  at  the  rate  of  four  quarts  of  vinegar  and  two  quarts  of 
salt  to  every  one  hundred  rations. 
1S17— 206— 3        Sec.  2837.  In  addition  to  the  nourishment  allowed  by  law  to 

be  furnished.  °  such  prisoners  as  are  contined  for  crimes  and  misdemeanors, 
they  shall,  at  the  Ijeginning  of  the  winter  season,  be 
allowed  each  one  blanket  capot,  one  shirt,  one  pair  of  woolen 
trowsers  and  one  pair  of  coarse  shoes,  and  a  shirt  and  a  pair  of 
trowsex-s  of  coarse  linen  for  summer;  and  12>^  cents  per  day  shall 
further  be  allowed  to  the  keeper  of  the  jail  for  each  and  every 


PRISONS   AND   .TAILS.  65l 

prisoner  who  is  sick,  in  order  that  the  said  sick  i)risoners  may  be 
taken  care  of  as  their  situation  may  reiiuire. 

Sec.  2838.  The  sheriffs  of  the  different  parishes  of  the  State       1S67— 341 
i<hall   be  allowed  50  cents  a  day  for  the  maintenance  of  every  tion°for^  keep- 
prisoner  confined   in   the   prison   of  the  parish  of  which   he  is  mg  prisoners, 
sheriff. 

Sec.  2839.  Whenever  it  shall  be  established  to  the  satisfaction     1850—86—1 
of  any  judge  or  justice  of  the  peace,  exercising  jurisdiction  in  ^ay'^be 'trans^- 
aiiy  parish  of  this  State,  that  the  jail  of  the   parish   is  unsafe  or^erre^d   _^to^^J^e 
\mflt  for  the  security  of   prisoners,  it  shall   be  the  duty  of  the  parish, 
judge  or  justice  of  the  peace  to  issue  his  writ  to  the  sheriff  or 
other  officer  of  the   parish,    commanding  him   to   convey   any 
prisoner  whom  he  may  have  in  custody  to  the  nearest  jail  in  any 
adjoining  parish  in  a  safe  condition,  the  prisoner  there  to  remain 
until  the  jail  of  the  first  mentioned  parish  shall  be  repaired,  until 
trial,  or  until  he  may  be  discharged  by  due  course  of  law;  and  it 
shall  be  the  duty  of  the  sheriff  of  the  parish  to  which  the  prisoner 
.shall  be  conveyed  to  keep  the  said  prisoner  safe  and  secure,  and 
subject  to  all  judicial  orders  or  decrees  issuing  from  the  parish 
from  which  the  prisoner  may  have  been  sent,  for  which  the  said 
sheriff  shall  receive  the  same  compensation  as  is  allowed  by  law 
in  other  cases,  to  be  paid  by  the  parish  from  which  tlie  iirisonef 
was  sent. 

Sec.  2840.  Each  sheriff  for  conveying  a  prisoner  to  any  other     iS?o— 86— 2 

,  ,  •         ■  .  "     .      ,.    ,  .   .     1  ■  Compensation 

l)arish.  as  contemplated  by  this  act,  shall  be  entitled   to  charge  f  o  r   removing 
ten  dollars  for  each  prisoner,  an  1  the  same  rate  of  mileage   now  pi^'soners. 
allowed  for  conveying  prisoners  to  the  State  penitentiary,  to   be 
paid  by  the  parish  from  which  the  said  prisoner  shall  be  removed. 

Sec.  2841.  All  the  sheriffs,  jailors,  prison-keepers,  and  their  1814— 38— i 
deputies,  within  this  State,  to  whom  any  person  shall  be  sent  or  prisoners  to^'be 
committed  by  the  Marshal  of  the  District  of  Louisiana,  or  his '■^"'^^<^- 
deputies,  under  the  authority  of  the  United  States,  whether  on 
<!ivil  or  criminal  process,  or  upon  any  process  or  warrant  which 
may  be  issued  by  the  President  of  the  United  States,  or  those  to 
whom  he  may  delegate  authority  for  any  cause  whatever  under 
the  law  of  the  United  States,  shall  be  and  thej'  are  hereby  en- 
joined and  re«iuired  to  receive  such  prisoners  into  custody,  and 
keep  the  same  safely,  until  they  shall  be  discharged  by  due 
course  of  law;  and  all  such  sheriffs,  jailors,  prison  keepers,  and 
their  deputies,  offending  in  the  premises,  shall  be  liable  to  the 
same  pains  and  penalties,  and  the  parties  aggrieved  shall  be  en- 
titled to  the  same  remedies  against  them,  or  any  of  them,  as  if 
such  prisoners  had  been  committed  to  their  custody  by  virtue  of 
legal  process  issued  under  the  authority  of  this  State. 

Sec.  2842.  For  keeping  such  prisoner,  the  sheriffs,  jailors,  etc.,     1814—38—2 
shall  be  entitled  to  demand  and  receive  of  the  marshal  of  the  dis-tionforlieeping 

them. 


G52  PRISONS   AND   JAILS. 

trict,  quarterly,  at  the  rate  of  fifty  cents  for  every  ration,  and  tifty 
cents  per  month  for  each  prisoner. 
See  Act  73  of  1878,  C.  S.,  p.  110. 
See  Art.  119  Constitution  of  1879. 
1855-42  Sec.  2843.  aSTo  debtor  shall  be  kept  in  confinement  at  the  suit 

be  pa?d^debto^s  0^  ^^J  Creditor,  unless  he  shall  pay  the  keeper  of  the  jail  three 
in  confinement.  (jQiiars   and   fifty   cents  a  week  in  advance  for  the  use  of  the 
debtor. 
1855—162  Sec.  2844.  The  sheriffs  throughout  this  State  shall  be  entitled 

con^evrn^prrs^-*^^  demand  for  transportation  of  prisoners,  for  mileage,  six  cents 
oners."  for   each    mile    he  may  necessarily  travel,   both    in   going  and 

returning,  and  for  the  expense  of  one  prisoner,  conveyed  as 
aforesaid,  he  shall  receive  five  cents  per  mile  for  going  only,  and 
for  additional  prisoner  thus  conveyed  the  sum  of  three  cents  for 
each  mile. 
His  accounts,  Sec.  2845.  No  sums  Shall  be  paid  to  any  sheriff  for  any  ser- 
"^  *"  "  ■  vices,  as  specified  in  the  preceding  section,  xmless  his  account 

shall  name  the  prisoners  so  conveyed ;  and  when  certified  by  the 
judge   as   regards   the   distance   shall   be   paid   on  the  warrant 
of  such  judge. 
1855— 3ps.  Sec.  2848.  Every  grand  jury  is  reipiired  to  inspect  the  prisons 

re  q  u'^ircd  to  within  their  respective  districts,  and  make  report  to  the  judge  of 
onT^^^  P '''®'  g'aid  court  of  the  manner  in  which  the  prisoners  are  treated,  and 
if  any  of  the  sheriffs,  jailors,  prison  keepers,  or  any  of  their  dep- 
uties, should  be  presented  by  them  for  not  having  complied  with 
the  laws  regulating  the  treatment  of  prisoners,  he  or  they  shall 
be  fined  in  a  sum  not  exceeding  two  hundred  dollars. 

Manual  labor.     Art.  1689.  That    the   Criminal   Sheriff   of   the   par- 
^ni.  No.  319s,  ^gj^    of    Orleans    shall,    upon  the    written    requisition 
Sept.  is,  1888.  q£  ^j^g  Commissioner  of   Public   Works,   place   to  work 
upon  the  public  roads,  or .  levees,    or   streets,    or  public 
buildings  or  public  works  in  the   city  of   New  Orleans, 
all  such  prisoners  sentenced  to  the   parish  prison  in  the 
parish  of  Orleans  by  any   court   of   competent  jurisdic- 
tion, who  are  willing:  of   their  ovrn   free  will  and  accord 
to   perform   manual   labor  upon  the  same,    under    the 
terms  and  conditions  mentioned  in  section  2  of  the  said 
act. 
Keepers.  Art.  1690.  That  there  shall  be  one   deputy  sheriff  or 

Amended  by  kccpcr  for  each'tcn  prisoners  set  to  work.    The  names  of 
c.s.  and  No!  such   dcputics   shall   be   placed  upon  a  special  pay  roll 
which  shall   be   countersigned  by   the  Criminal  Sheriff 
and  the  Commissioner  of  Public   Works,  and  the  Coun- 
cil shall  monthly  make  appropriation  to  pay  this  special 


PRISONS   AND   JAILS.  6o3 

pay  roll  from  the  reserve  derived  from  deductions  of  the 
appropriation  for  lighting. 

Art.  1G91.  (3)  That  the  said  deputy  sheriff  or  keep- Deputy  sheriffs 
ers  while  engaged  in  the  supervision  of  the  said  pris-  Cnder  com/oi 
oners  shall  be  entirely  under  the  control  and  direction  sioner  of  Pub- 
of  the  Commissioner  of  Public  Works  and  his  proper  "^  ""^  %b. 
subordinates. 

Art.  1692.  (4)  That  any  and  all  deductions  which    Expenses. 
have  been  or  may  hereafter  be  made  from  appropriation 
for  lighting  be  specially  i  et  apart  for  the   payment  of 
salaries  and  other  expenses  herein  provided. 

Art.  1693.  That  ail  prisoners  furnished  for  labor  on.  Repairing 

^  levees. 

the  public  works  of  the  city  by  the  criminal  sheriff  of   Ord.  No.  3204, 

the  parish  of  Orleans  under  provisions  of  Act  121  of     oct.  23,  isss. 

the  last  session  of  the  General  Assembly,  be  first  set  to 

work   on   the   repairs  and  raising  of  the  levees  of  the 

city  under  the  directions  of  the  Commissioner  of  Public 

Works. 

Art.  1694.  That    the    City   Surveyor  is   hereby   in    city  surveyor, 
structed  to  set  the  necessary  stakes  and  furnish  all  in- 
formation for  the  prosecution  of  the  work,  in  accordance 
with  the  recommendations  of  his  report  to  the  Council 
of  September  4,  1888. 

Art.  1695.  That  the  sum  of  fifteen  hundred  dollars  Appropriations 

lb. 

($1500),  or  as  much  thereof  as  is  needed,  is  hereby  ap- 
propriated from  item  43,  budget  of  expenditures  for 
year  1888,  ''strengthening  and  repairing  banks  of  old 
canal"  for  the  purchase  by  the  Commissioner  of  Public 
Works  of  barrows,  shovels,  wheel  planks,  transporta- 
tion and  other  necessary   appliances  for  this  work. 

Act  Xo.  121  of  1888. 

To  authorize  the  criminal  sheriffs  of  the  different  parishes  of  the 
State,  the  parish  of  Orleans  included,  to  employ  in  the  per- 
formance of  manual  labor  upon  the  public  roads  or  levees, 
or  streets  or  public  buildings  and  improvements,  any  pris- 
oner sentenced  to  the  parish  prison  for  any  crime  or  offence ; 
provided,  the  consent  of  the  prisoner  be  tirst  obtained. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana,  That  hereafter  whenever  a  prisoner  sentenced  to 
the  parish  prison  of  any  parish  of  this  State,  the  parish  of  Or- 
leans included,  by  any  court  of  competent  jurisdiction,  shall   be 


G54  PRISONS   AND   JAILS. 

Sheriffs  author  willinff  of  his  own  free  will  and  accord  to  perforin  manual  labor 

ized  to  employ  ,     ,  ,  ,. 

con  sen  ting  upon  any  of  the  public  roads,  or  levees,  or  streets,  or  public 
s Tc  h^  malfuai  buildings  and  improvements  or  public  works  inside  or  outside  of 
labor  outside  of  the  prison,  the  criminal  shei'iff  of  said  parish  shall  set  said  pris- 
as^  may°brde^  oners  to  work  upon  such  labor  as  shall  be  determined  by  the 
iice"''m?es^a^n°d  P^li^^c  juries  of  the  Several  parishes  and  the  municipal  authori- 
eontr  acting  ties  of  the  sevex'al  towns  and  cities;  provided,  that  such  prison- 
authoritfes!'  ^    ^rs  Shall  always  remain  under  the  custody   and   control  of   the 

several   sheriffs. 
Corresponding     "^EC.  2.  Any  prisoner  who  shall  thus  consent  to  work  shall  have 
remittances    of  ^g  manv  days  taken  off  or  remitted  from  his  sentence  correspond- 

sentences.  •  '  ^ 

ing  with  the  number  of  days   during  which   he   shall   have  per- 
formed work  in  the  manner  above  mentioned;  provided,  that  such 
days  be  computed  at  the  rate  of  ten  hours  work  per  day. 
Necessary  or.     Sec.  3.  That  the  Council  of  the  city  of  Xew  Orleans   and   the 
dinances  to  be  police  jurics  of  the  Several  parishe^are  hereby  authorized  to  pass 
cu^y^Cou/cii  of  all  such  ordinances  which  they  may  deem  necessary  to  carry  into 
?nd  the^se've^ral®^^^^ ''^^^  P^^^^®^^^^  ^^  ^^^^  ^'^'^  ^'^^   for  the    disiipline,    working 
police  juries,     and  employment  of  such  prisoners. 
Criminals  at     ^^^^'-  ^-  "^^^^  ^^^^'  ^^^^^^  "'^^  apply  to  criminals  sentenced  to  hard 

hard   labor    ex-  labOr. 

"^  ^  ■  Sec.  5.  That  all  laws  and  parts  of  laws  in  conflict  herewith  are 

repealed. 

CONVEYANCE    OF   PRISONERS. 

Different  sexes.     Art.  1696.    (1)  That  persons  of  different   sexes  sus- 

c.  s!      °" '^°' pected  or   arrested  on  suspicion,  or  convicted  of  crime 

Feb.  27, 1  83.  ^^  misdemeanor  or  violating  any  of  the  city  ordinances, 

shall  not  be  transported  in  the  same  van  or  vehicle,  at 

How   trans-  "^  ' 

ported.  the   same  time,   to  or  from   any  station  house,  or  the 

court  room  of  any  committing  magistrate,  or  the  parish 
prison  or  from  any  point  in  the  city  to  another. 
Persons  not     Art.  1697.   (2)  That    persons  not  known  to  be  crimi- 
crrmiira?s.^°  ^'^  ^als  shall   not  be  conveyed  in  the  same  van  or  vehicle 
^^-  with  convicted  persons,  or  persons  well  known  to  belong 
to  the  criminal  class. 
Space  allowed     Art.  1698.  (8)  That  in  every  van  or  vehicle  used   for 
^"ib.  the  transportation  of  prisoners  by  the  city  of  New  Or- 
leans or  parish  of  Orleans,  there  shall  be  allowed  each 
prisoner   sitting   room  or  space  on  one  of  the  seats  of 
said  van  or  vehicle  of  at  least  eighteen  inches  in  width. 
Art.  1699.  (4)  The  officer  or    person  in  charge  of  any 
lockup,    prison,    courthouse   or  other   institution    from 
which   prisoners  are   sent  in  vans  or  vehicles,  shall  be 


PRIVIES.  655 

responsible  for  the  proper  observance  of  this  ordinance,  ^  on^iDie*^^  '^' 

and   npon  proof   of  violation  by  himself   or  person  or  ^^• 

persons   subject  to  his  orders,  shall  be  dismissed  from 

his   office  or  position   by  the  Mayor,  and  shall   not  be    p^^^^^. 

again  reappointed  to  any  position  of  trust  within  twelve 

months. 

Art.  1700.  (5.)  A  copy  of  this  ordinance  shall  be 
kept  conspicuously  posted  in  every  prison  van  used  in 
the  city  of  New  Orleans. 

See  Act  84  of  1872. 


PRISONERS— See  Prisons  and  Jails. 


PRIVIES. 

Art.  1701.  Any  privy  hereafter  constructed  shall  be    construction, 
not  to  exceed  two  feet  below  the  surface  of  the  ground,  ^o^^.  No. 4077, 
and  be  walled  with  brick  or  stone,  laid  in  cement  with  or'd^^No^'4i3s^ 
sharp  sand  its  whole  depth,  with  water-tight  bottom,  and  g.*,  fezf  a.'  s.', 
said  wall  shall  be  raised  at  least  one  foot  above  the  sur-^+^^''^"  ^' 
face  of  the  ground,  and  shall  be  so  constructed  as  not 
to  have  any  issue  or  opening  on  any  street,  way,  yard  or 
place ;    nor  shall  it  be  within  three  feet  of  any  street  or 
way,  and  shall  be  built  adjacent  to  any  wall,  whether  a 
party  wall  or  otherwise,  be  separated  therefrom  by  solid 
masonry  of  not  less  than  two  feet  in  thickness,  laid  in 
cement  and  thoroughly  waterproof;  and  shall  have  a 
flue  or  ventilator  sufficient   for  ventilation,  extending 
above  the  surrounding  windows  or  communicating  with 
a  chimney. 

Art.  1702.  Any  person  building  or  causing  any  privy    Penalty, 
to  be  built  in  contravention   to  this  section,  or  any  part  ^^' 

of  it,  shall  be  liable  to  a  fine  not  to  exceed  twenty  dol- 
lars. And  the  court  before  which  suit  may  be  brought 
for  violation  of  this  section,  or  any  part  of  it,  shall,  in 
rendering  its  judgment,  order  such  privy  to  be  recon- 
structed in  accordance  with  the  provisions  of  this  sec- 
tion, within  a  reasonable  time,  and  in  default  of  such 
compliance  with  such  order,  the  party  so  failing  to  com- 


656  PRIVIES. 

ply  shall  be  subjected  to  like  penalty  and  punished  as  in 
the  first  instance ;  and  the  Board  of  Health  may  cause 
such  order  to  be  complied  with  at  the  expense  of  the  per- 
son ordered  as  aforesaid,  said  expense  to  be  recovered 
in  any  court  of  competent  jurisdiction  at  the  suit  of  said 
board. 

y^its!^^^'^^  Art.  1703.  Whenever  any  privy  vault  shall  be  found 
defective  or  leaky  the  Board  of  Health,  through  its 
proper  officers,  may  order  the  same  to  be  emptied  and 
repaired,  or  to  be  rebuilt. 

When  emptied.     Art.  1704.  Whcnevcr  auv  privv  vault   shall  be  filled 

Ord.  No.  3387,      .       .  J     f        J 

c.  s.  within  one  foot  of  the  surface  thereof,  or   whenever  the 

Dec.  4, 18SS. 

Board  of  Health,  through  its  proper  officers,  shall  so 
order,  such  privy  shall  be  emptied  by  the  owner,  agent 
or  tenant  within  forty-eight  hours  after  notice,  under  a 
penalty  not  exceeding  twenty-five  dollars,  and  in  de- 
fault of  payment  of  the  fine,  imprisonment  not  exceed- 
ing thirty  days  in  the  parish  prison ;  provided,  that  in  all 
cases  when  the  tenant  or  lessee  shall  have  assumed  in 
writing  the  obligation  of  emptying  said  privy  vaults, 
the  penalty  shall  be  inflicted  upon  the  tenant  or  lessee 
and  not  upon  the  owner,  lessor  or  his  agent. 
Receiving  Art.  1705.  That  in  cascs  where  a  system  of  one  or 
Ord.  No.  8025,  more  "vats"  or  "receiving  tanks"  connecting  with 
Aug.  29. 1S82.  privies  shall  be  constructed  on  premises,  such  as  fac- 
tories, foundries,  mills,  refineries,  large  mercantile  estab- 
lishments or  offices,  exchanges,  banks,  schools,  colleges, 
asylums,  hospitals,  prisons,  courts,  halls,  barracks  or 
other  places  requiring  the  presence  of  considerable  num- 
bers of  workmen,  employees,  officers,  residents  or  other 
persons,  then  in  such  cases  and  by  previous  consent  of 
the  Board  of  Health  had  and  obtained  as  by  plans  sub- 
mitted to  said  board,  such  "  vats  "  or  such  "  receiving 
tanks  "  may  be  constructed,  but  they  shall  not  severally 
exceed  in  inside  depth  eight  feet  below  the  street  level 
service  of  the  ground  nor  have  a  superficial  area  to  each 
^' vat"  or  "tank"  exceeding  sixty-four  square  feet, 
nor  a  greater  containing  capacity  than  4000  gallons.  In 
all  other  essential  particulars  they  must,  in  the  interest 
of  public  health  as  to  locality,  seclusion  and  facility  of 


PRIVIES. 


65T 


Sept  3,  i8S9.- 


emptying,  be  conformed  to  such  regulations  as  mav  be  Must  be 
made  regarding  same,  and  especially  to  the  terms  and  six  months! 
conditions  set  forth  in  section  1  of  Ordinance  4077,  Ad- 
ministration Series,  as  aforesaid ;  provided,  that  no 
' '  vat  "  or  ' '  receiving  tank  ' '  in  use  shall  be  allowed  to 
remain  unclean ed  for  a  longer  period  than  six  (6) 
months  and  shall  be  cleaned  oftener  when  considered 
necessary  by  the  Board  of  Health,  according  to  law. 
Pipes  emptying  into  vats  or  tanks  to  be  placed  according 
to  grading,  given  by  the  City  Surveyor. 

Art.  1706.  That,  except  as  hereinabove  specially  pro-    ord.  no.  4077 
vided.  Ordinance  4077,  A.  S.,  shall  be  and  remain  in  full  force.™ 
force  and  effect. 

Art.  1707.  That  whenever  and  wherever  it  can  be  con-   vats  for  urine 

.  .„.  iTTP*""  overflow. 

clusively  shown,  to  the  satisfaction  of  the  Board  of  ord.No. 3951, 
Health,  that  said  "vats"  and  "receiving  tanks"  are  to 
contain  only  urine  and  the  overflow  from  privy  vaults, 
permission  may  be  granted  by  the  Board  of  Health  to 
construct  them  of  wood,  the  sides  and  bottoms  to  be  of 
three  (3)  inch  cypress  boards,  free  from  all  defects,  and 
laid  so  as  to  be  water-tight,  the  construction  of  which, 
when  completed,  shall  be  inspected  and  approved  by 
said  board,  through  its  inspectors. 

Art,  1708.  That  all  "vats,"  "receiving  tanks"  or 
other  receptacles  for  human  or  animal  excrement  shall 
contain  a  square  or  circular  opening  or  manhole,  at  least 
sixteen  (16)  inches  in  diameter,  which  shall  be  covered 
by  a  close-fitting  and  adjustable  cap  of  iron  or  wood, 
which  opening  or  manhole  shall  be  adjusted  and  placed 
so  as  to  admit  of  a  thorough  inspection  of  said  vats, 
tanks  or  receptacles  by  the  sanitary  officers  of  the  Board 
of  Health,  and  that  said  manholes  or  openings  shall  be 
so  placed  within  sixty  (60)  days  from  and  after  the 
passage  and  promulgation  of  this  ordinance ;  and  this 
ordinance  and  the  amendments  therein  contained  shall 
apply  to  "vats  "  used  for  the  collection  of  excrement  of 
animals  in  stables. 

Art.  1709.  That  all  proprietors,  owners  or  agents  fail- 
ing to  comply  with  the  provisions  of  this  ordinance 
within  the  delay   hereinbefore   fixed,  shall  be  liable  to 


'658  PRIVIES. 

the  pains  and  penalties  already  fixed  by  Ordinance  No. 
4077,  A.  S.,  the  provisions  of  which  ordinance,  as  well 
as  those  of  No.  8025,  A.  S.,  are  hereby  continued  in  full 
force  and  effect,  except  in  so  far  as  they  conflict  with 
the  provisions  of  this  ordinance. 
Time  and  man-  Art.  1710.  The  emptying  of  privy  vaults  shall  be 
ord."  No.  4077,  made  between  the  hours  of  5  a.  m.  and  8  p.  m.    At  least 

A,  S 

twenty-four  hours  previous    to  such  emptying   the  con- 
tents of  the  vaults  shall   be   thoroughly   deodorized  by 
means  of  copperas  and  carbolic  acid  or  other  agents  ap- 
proved by  the  Board  of  Health,  and   immediately  after- 
ward the  vault  shall  again  be  deodorized  with  lime  and 
carbolic  acid. 
By  odorless     Art.  1711.  No  privy  shall  bc  emptied  otherwise  than 
lb,  by  some  odorless  apparatus,  approved   by  the  Board  of 
Health  and  the  City  Council,  and  the   solid  matter  shall 
be  placed  in  air  tight  barrels  under  a  tent,  with  the  aid 
of  such  disinfecting   measures  as  may  be  approved  by 
the  Board  Health. 
Penalty.  Art.  1712.  No  privics  shall  bc  emptied  without  a  pcr- 

May,  i8So!      mit  from  the  Board  of  Health,    directed   to   the  owner, 

agent  or  tenant  of  the  premises. 
Penalty.  Art.  1713.  That  whocvcr  shall  violate  the  provisions 

■c.  s.'    °'^^^  'of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
°' twenty-five  dollars,  or  impiisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
oned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed;  provided,  that  the  fine  shall  not  exceed 
twenty-five  dollars  for  each  offence   nor  the  imprison- 
ment more  than  thirty  days. 
Disinfection.      Art.  1714.  Whenever,  in  the  opinion  of   the   proper 
June,  1S79.'     officers  of  the  Board  of  Health,  any  privy  vault  may  re- 
quire disinfecting  or  deodorizing,  the  same  shall  be  done 
by  the  owner  or  tenant  of   the  premises  upon  an  order 
therefor,  within  thirty-six  hours. 
«e-inspection.      Art.  1715.  In  all  cascs  of  permits  or  orders  issued  for 
^''*  the  abatement  of  nuisances,  the    Board  of  Health  will 
cause  reinspection  to  be  made  after  the  expiration  of  the 


PRIVILEGES.  659 

time  allowed  for  complianee ;  and  no  person  concerned 
will  be  acquitted  of  the  order  until  satisfactory  compli- 
ance shall  have  been  made. 


PRIVILEGES. 

Art.  1716.  That  it  is  the  sense  of  this  Council  that  no    a  ppucants 

petition  for  a  personal  privilege  shall  be  considered  by  ^^t^of  pro^ui- 

the  committees  to  whom  same  are  referred  until  the  said  otd.°No.  10,026, 

c  s 
person  or  corporation  shall  file  with  the  clerk  of   the    Nov!  27, 1894. 

committee  to  whom  same  is  referred  a  receipt  from  the 

Treasurer  of  the  city  of  New  Orleans,  showing  that   he 

or  they  have  deposited  a  sum  sufficient  to  cover  the  cost 

of  promulgating  the  ordinance  or  resolution   granting 

privilege  asked  for. 

Art.  1717.  That  in  the  case  of  petitions  for  establish-    Barrooms, 
ing  barrooms  that  persons  so  applying  shall,  in  addition  ^^' 

to  the  receipt  for  cost  of  advertising  and  printing,  ex- 
hibit and  file  with  the  clerk  of  committee  a  receipt  from 
the  Treasurer  showing  that  they  have  deposited  a  sum 
sufficient  to  cover  the  city  license  for  the  current  year. 

Art.  1718.  That  the  clerks  of  the  committees  are  Duty  of  clerks 
hereby  instructed  to  notify  all  persons  not  complying  "ies?""""'^' 
with  the  provisions   of  this  ordinance  that   same   must  ^^' 

be  complied  with  before  action  will  be  taken  or  peti- 
tion filed. 

Art.  1719.  That  the  committees  of  the  City  Council    Applicant 

,,.  ,  ,..,  must  have  paid 

be  and  they  are  hereby  instructed,  and  it  is  made  a  part  aii  licenses  and 
of  their  duty,  to  investigate  whether  the  applicant  for  ord.  N0.6761, 
privileges  or  rights  is  a  prompt  taxpayer,  a  clear  receipt    Sept.  27, 1892, 
for  all  licenses  and  taxes  being  a  condition  precedent  to 
the  committee  giving  the  matter  any  consideration  what- 
soever. 

Art.  1720.  That  on  and  after  the  passage  of  this  ordi-  Failure  to  com- 
ply with  terms 
nance  any  party,  corporation  or  corporation  of  persons    arid  condi- 

who  having  been  granted  any  privileges,  grants,  etc.,    vious grants. 

prior  to   the  passage  of  this   ordinance    under  certain  c.  s. ' 

terms  and  conditions,  and  having  failed  to  comply  with 


the  said  terms  and  conditions,  shall  not  be  entitled  to 


660  ^PROPERTY,  CITY. 

any  farther  privileges  from  the  city  of  New  Orleans 
until  such  time  as  the  unfilled  obligations  have  been 
complied  with. 


PROPERTY,    CITY. 

See  Court  House  and  Jail,   Offences. 

Sec.  28,  City  Charter,  rights  and  titles  vested  in  citj^  of  New- 
Orleans. 
Sec.  68,  defining  term  real  estate. 
Sec.  69,  defining  personal  property. 
Sec.  70,  defining  income. 

Whereas,    It  is   supposed  that  there  is  at  the  pres- 


City  property 


o*'sT2o      ^^^^    ^^™^   ^    large   amount   of    real   estate   and    other 

June,  isss.  property  within  the  limits  of  the  city  of  New  Orleans, 
which  in  fact  belongs  to  the  corporation,  but  of  which 
there  is  no  record  on  the  books  of  the  city ;  and  it  is 
further  believed  that  if  proper  steps  are  taken  the  same 
may  be  ascertained  and  made  available ;  therefore,  be  it 
resolved, 
Five  per  cent.     Art.  1721.  That  a  commissiou   of  five   per  cent,    on 

er°er,  etc!*^°^'  the  valuatiou  of  any  real  estate  or  other  property  shall 
^^'  be  paid  to  any  person   who  shall   report  to  the  Council 
the  location  and  description  of  such  property ;  provided, 
the  same  be  non-recorded  in  the  books  of  the  city. 

Title  to  be     Art.  1722.  That  the   above  said   commission  of  five 
established.  ^^^  per  ccut.  shall  not  be  considered  as  due  to  the  informer 
until  a  proof  of  valid  title  to  the  city   shall   have   been 
fully  established  by  law. 

Whereas,  Mr.  Thomas  H.  Watson  lyiving  dis- 
covered through  researches  made  among  the  public 
records  of  this  city  that  certain  valuable  property  be- 
longing to  the  city  of  New  Orleans,  which  is  unknown 
to  the  city,  or  has  been  in  the  possession  of  private  par- 
ties who  claim  to  be  the  owners  thereof ;  and. 

Whereas,  Mr.  Watson  proposes  to  obtain  possession 
of  this  property  or  to  otherwise  place  the  city  in  full 
and  undisturbed  possession  thereof,  and  turn  same  over 
10  the  city,  on  condition  that  the  costs  advanced  in  said 


PROPERTY,  CITY.  661 

suit  together  with  25  per  cent,  of  the  value  of  said  property 
be  paid  him  for  his  services ;  therefore  be  it  resolved, 

Art.  1723.  That  the  proposition  of  Mr.  Watson  be  and  Accepting  pro- 
the  same  is  hereby  accepted,  and  that  the  City  Attorney  t  h  o  s .  a  . 
be  and  he  is  hereby  directed  to  join  Mr.  Watson  in  the  Ord.  no.  10,983, 
prosecution  of  said  suit.  July's.  'Sgs- 

Art-  1724.    That   the   Mayor  be    and   he   is   hereby    Mayor  au- 
directed  and  authorized  to  enter  into  notarial  contract  tract. 
with  the  said  Thos.  Watson  in  accordance  therewith. 

Art.  1725.  That  the  City  Council  shall  petition    the^etT^   '*"''*' 
Legislature   to  donate   to   the  city  of  New  Orleans  all  c^'sf "  ^"^ '^^^' 
swamp  lands,  vacant  and  unknown  property  within  its    ^"y^-'^^^- 
municipal  limits,  forfeited  and  sold   under  Act  77  of 
1880,  Act  96  of  1882,  Act  82  of  1884,  Act  98  of  1886,  and 
the  title  for  which  is  now  or  may  become  vested  in  the 
State. 

Art.  1726.  That  said  swamp  lands,  vacant  and  un-  .^^YV/Zor 
known  property,  or  the  proceeds  thereof,  shall  \)Qdraimge.  ^^ 
pledged  and  used  solely  for  drainage  purposes. 

Art.  1727.  That  the  City  Attorney  be  instructed  to  city  Attomev 
prepare  a  memorial,  together  with  an  act  necessary  to 
<iarry  out  the  purposes  of  this  ordinance,  and  that   the 
same  be  presented  to  the  Legislature  at  the  earliest  pos- 
sible date. 

Art.  1728.  That  the  Common  Council  of  the  city  of  ^^^'%fj^P^°^^^^« 
New  Orleans,  approves  and  ratifies  the  act  prepared  by  ^Ord.  No,  9220, 
the  City  Attorney,  and  approved  by  the  Treasurer  of  the  ^^y  ^^'  '^<- 
<iity  of  New  Orleans,  entitled 

An  act — To  provide  for  the  sale  of  property  bid  in  for 
and  adjudicated  to  the  city  of  New  Orleans,  or  that  may 
be  hereafter  adjudicated  to  the  city  of  New  Orleans  for 
taxes  for  the  year  1880  and  subsequent  years ;  to  pro- 
vide how  the  property  shall  be  advertised,  and  for  the 
manner  in  which  said  sales  shall  be  made ;  to  establish 
the  effect  of  the  deed  of  sale,  and  the  validity  of  sales 
under  this  act,  and  to  establish  prescription  of  all  ac- 
tions to  annul  said  sales  under  this  act  and  to  provide 
for  the  payment  of  all  costs  out  of  the  proceeds  of  sale. 

Art.  1729.  That  his  Honor  the  Mayor  be  directed  to  niusTmVfo 
submit  said  act  to  the  Legislature  as  the  duly  approved  ^^s'^'^'""^^-  ^^ 


to  sell 


662  PROPERTY,  CITY. 

and  authorized  action  of  the  City  Council  of  the  city  of 
New  Orleans. 
Treasurer  to     Art.  1730,  That  the  Treasurer  be  directed  to  make 

ord.  No.'io,97s,  out  a  list  of  the  property  acquired  by  the  city  of  New 
juiy'2, 189s,  Orleans  by  sale  from  the  Civil  Sheriff  by  Act  155  of 
1894,  or  as  much  of  said  property  as  the  Treasurer  may 
deem  advisable  to  be  sold,  and  as  soon  as  completed  to 
turn  over  said  list  to  the  Comptroller  for  advertisement 
according  to  law. 
Comptroller  Art.  1731.  That  the  Comptroller,  upon  the  receipt  of 
lb,  said  list  from  the  City  Treasurer,  be  and  is  hereby  direct- 
ed either  to  sell  said  property  for  account  of  the  city  of 
New  Orleans,  with  the  proviso  that  not  less  than  the 
amount  due  to  the  city  as  taxes  and  expenses,  including 
State  taxes  due,  shall  be  received  in  payment  thereof, 
or,  upon  the  advice  of  the  Mayor,  Comptroller  and  City 
Treasurer,  that  the  Comptroller  be  directed  to  send  up  a 
list  of  so  much  of  said  property  as  may  be  considered  as 
revenue  producing  in  the  way  of  collection  of  rents,  to 
the  City  Attorney,  with  instructions  that  said  officer  be 
directed  to  take  such  measures  as  may  be  necessary  to 
enforce  the  collection  of  rents. 

To  take  effect.     Art.  1732,  This   Ordinance  will  take  effect  from   and 

lb. 

after  the  passage. 

^ord.°NTs629,     ^RT.  1733.  That  the  Treasurer  be  and  he  is  hereby 

^■s^'pt.29,  isgi.^i^^^^®^    not    to   insure    any    property    purchased    by 

the  city  for  taxes,  and  that  he  be  authorized  to  cause 

repairs  to  be  made  from  the  revenues  received  by  the 

city  from  the  rents  of  each  individual  property. 

Trea!=urerau.     Art.    1734.   That    the    Treasurcr    be    authorized    to 

tie  with  E.  receive  from  Mr.  Edwin  Howard  McCaleb  the  sum  of 

ca?e^%or  cer- ouc  thousaud  dollars  ($1000)  in  full  payment  and  satis- 

ord.  No,  2919,  faction  of  all  ground  rent  in  capital  and  interest  due  the 

April  27, 18S8.  city   of   New   Orleans,    upon   the    following    described 

property  owned  by  him,  to-wit :  A  certain  lot  of  ground 

situated  in  the  Third  District  of  the  city,  in  the  square 

No,   266,  bounded  by  Esplanade,   Kerlerec,  Burgundy 

and  Rampart  streets,  which  lot  of  ground  commences  at 

a   distance   of   46   feet   7   inches   from   the    corner    of 

Esplanade  and  Burgundy  streets,  and  measuring  44  feet 


PROPERTY,    CITY.  663 

front  on  Esplanade  street,  by  106  feet  6  inches  and  7 

lines  deep,  and  is  composed  of  parts  of  lots  26  and  27, 

upon  the  original  plan  of  J.  Tannesse,  dated  June  6, 

1809. 

Art.  1735.  That  the  Treasurer  is  further  authorized    cancel  mort- 
gage. 

upon  the  receipt  of  said  amount  to   empower   the    Re-  i^- 

corder  of  Mortgages  for  this  parish  to  cancel  and  erase 
from  his  books  in  so  far  only  as  they  bear  upon  the  prop- 
erty herehuibove  mentioned,  the  original  inscriptions  of 
the  mortgages  granted  by  Jean  Pierre  Dufour  of  $1610 
as  the  price  of  lot  26  and  of  $1200  as  the  price  of  lot  27, 
granted  by  two  acts  of  M.  De  Armas,  notary,  of  October 
13,  1809,  and  also  all  other  inscriptions  of  mortgages 
resulting  from  the  assumption  of  same  amounts  or  parts 
thereof  by  all  subsequent  purchasers  of  said  property 
up  to  and  including  the  said  E.  H.  McCaleb;  provided, 
all  interest  on  said  ground  rents  be  paid. 

Whereas,  it  has  been  a  disputed  question  as  to 
the  ownership  of  the  property  forming  the  corner 
of  Carondelet  and  Perdido  streets,  in  square  bound- 
ed by  St.  Charles  and  Poydras  streets  and  lately 
occupied  by  Louisiana  Hose  Company  as  an  engine 
house ;  and 

Whereas,  the  said  Louisiana  Hose  Company  have 
submitted  to  the  city  of  New  Orleans  a  compro- 
mise proposition,  to-wit:  To  receive  from  the  city  of 
New  Orleans  the  sum  of  four  thousand  dollars  in  full 
settlement  of  all  their  rights  and  interest  in  and  to  said 
property,  the  said  four  thousand  dollars  to  be  paid  in 
January,  1896  ;  therefore,  be  it  ordained. 

Art.  1736.  That  the  foregoing  proposition  be  accept-  Accepting 
ed  and  that  the  Mayor  be  and  he  is  hereby  directed  to  £o°u'isTana  Hose 
sign  notarial  act  in  accordance  with  said  proposition  and  o?d!  Norio.377, 
the  Budget  Committee  is  hereby  directed  to  place  in  the  ^a^ci,  5^  1895. 
budget  of  the  year  1896  an  appropriation  to  carry  out 
the  intendment  of  this  ordinance.  • 

Art.  1737.  That  the  Mayor  be  and  he  is  hereby  Mayor  author- 
authorized  and  directed  to  purchase  from  the  owners  chaise  'ceru[n 
thereof,  in  the  name  of  the  city  of  New  Orleans,  for  the  ^or'd.'^No.  6167, 
price  and  on  the  terms  and  conditions  hereinafter  set  Ma^ch  22, 1893. 


'664  PROPERTY,    CITY. 

forth,  the  following-described  real  estate,  to  sign  all 
necessary  acts  of  sale  or  other  writings  iu  the  premises, 
when  the  City  Attorney  shall  have  reported  favorably 
on  the  titles,  viz. :  One  lot  of  ground  and  improvements 
thereon,  formerly  occupied  by  Mississippi  Fire  Company 
No.  2,  for  the  sum  of  twelve  thousand  dollars  ($12,- 
000).  One  two-story  frame  house  known  as  engine 
house  Independent  Fire  Company  No.  2  (now  No.  25), 
for  the  sum  of  twelve  hundred  dollars  ($1200),  said 
amounts  to  be  paid  in  three  equal  instalments,  first  pay- 
ment to  be  made  in  January,  1894,  second  payment  in 
January,  1895,  and  the  third  and  last  payment  in  Jan- 
uary, 1896,  with  interest  at  the  rate  of  6  per  cent,  (six 
per  cent.)  from  date  of  transfer,  and  the  Budget  Com- 
mittee is  hereby  directed  to  make  the  necessary  pro- 
visions for  same. 
Mayor  au-     Art.  1738.  That  the  Mayor  be  and   is  hereby  author- 

thorized  to  sell  .        ^  ^    ^ .  ,  ,  *^  *^ 

certain  p r op- izcd  and  directed  to  scU  at  the  highest  possible  figure 
lb.  the  following  described  property,  viz. :  One  lot  of 
ground  and  improvements  thereon,  adjoining  the  prop- 
erty occupied  by  Carrollton  Fire  Company  No.  1.  (now 
No.  19),  on  Dublin  street,  Carrollton ;  one  lot  of  ground 
on  which  stands  the  house  formerly  occupied  by  Star 
Hook  aad  Ladder  Company  No.  1  (now  No.  7),  the  pro- 
ceeds of  said  sales  to  be  placed  to  the  credit  of  purchase 
of  plant  for  paid  fire  department,  and  as  much  thereof 
as  may  be  necessary  to  be  set  aside  and  appropriated 
for  the  purchase  of  the  hereinafter-described  property, 
which  the  Mayor  is  hereby  authorized  and  directed  to 
purchase  in  the  name  of  the  city  of  New  Orleans,  to 
sign  all  necessary  acts  of  sale,  or  other  writing  neces- 
sary in  the  premises  when  thb  City  Attorney  shall  have 
reported  favorably  upon  the  titles,  viz. :  One  lot  of 
ground  situated  about  the  corner  of  Short  and  Pearl 
streets,  for  use  of  Chemical  Engine  No.  9 ;  one  lot  of 
ground  situated  corner  Hillary  and  Pearl  streets,  for 
use  by  Steam  Fire  Engine  Company  No.  19,  formerly 
Carrollton  No.  1. 


POUNDS.  665 

PORTER. 

CITY   HALL   PORTER. 

Art.  1739.  (1)  It  shall  be  the  duty  of  the  Porter  of    His  duties. 


City  Hall  to  have  all  offices  of  the  public  officers 
promptly  cleaned  and  prepared  for  their  occupancy  by 
9  o'clock  on  every  day,  with  fires  lighted  and  supplies 
of  coal  provided  in  said  offices  whenever  the  same  may 
be  necessary.  It  shall  be  his  duty  to  be  in  attendance 
at  the  hall  during  office  hours,  or  as  long  as  any  of  the 
city  officers  may  be  engaged  in  their  offices,  or  as  long 
as  any  committees  of  either  Board  of  the  Common 
Council  shall  be  in  session. 


PORT  WARDENS— See  Master  and  Wardens. 


O.  S.  ao99. 


POSTAL    TELEGRAPH    AND    TELEPHONE    COM- 
PANY— See  Telegraph  and  Telephone  Company. 


POUNDS. 

See  Animals  and  Offences. 

Art.  1740.  (1)  That  it  shall  not  be  lawful  for  any    unlawful  to 
Emerson  or  persons,  whether  owners  or  agents,  to  permit '^'or'd.No^lfoi, 
lany  cow,  horse,  mule,  sheep,  goat,  hog,   pig  or  other    Mky  31,1892. 
'animal  to  roam  at   large  within  the  limits  of  the  city 
of  New  Orleans,  except  that  portion  known  as  the  Fifth 
Municipal  District,  as  hereinafter  provided,  and  all  such 
animals  shall  be  kept  and  confined  within  a  stable  or 
fstables,  a  close  fence  or  fences. 

Art.  1741.  (2)  That  this  shall  not  apply  to  any  ani-shaiinot  apply 
fmal  or  animals  while  being  driven  from  their  stables  to  '^^^'^'  ib, 
)oints  of  shipment,  or  from  points  of  arrival  to  stables ; 
neither  shall  it  apply  to  any  animals  while  being  driven 
to  or  from  their  stables  to  a  pasture  or  pastures,  or 
slaughtering  pens;  provided,  however,  that  when  so 
driven,  such  animal  or  animals  shall  be  driven  in  the 
middle  of  the  street,  in  charge  of  a  keeper  or  keepers, 


666 


POUNDS. 


who  shall  not  be  under  sixteen  (16)  years  of  age;  the 
hours  for  driving  from  stable  to  pasture  to  be  from  5  a. 
M.  to  7  A.  M.,  from  pasture  to  stable  and  from  stable  to 
pasture  from  12  m.  to  3  p.  m.,  and  from  pasture  to  stable 
from  5  P.  M.  to  7  P,  M. ;  nor  shall  it  apply  to  such  ani- 
mals as  are  used  as  beasts  of  burden,  while  actually  so 
used,  or  being  driven  to  or  from  stables  or  farrier  shops. 

Art.  1742.  (3)  That  this  ordinance  is  intended  and  shall 
be  so  construed  as  an  extension  of  the  pound  limits  to 
the  boundary  of  the  city  of  New  Orleans,  except  the 
Fifth  Municipal  District,  which  shall  be  comprised 
within  the  following-named  lines,  viz. :  From  the  river 
in  front,  to  include  Market  street  in  the  rear,  to  Vallet 
street,  Vallet  street  to  Newton  street,  Newton  street  to 
Verret  street,  Verret  street  to  Lapeyrouse  street,  Lapey- 
rouse  street  to  Madison  street,  to  the  upper  line ;  also  to 
include  the  public  road  along  the  river  front  from  South- 
ern Pacific  Railroad  Company  to  the  lower  line ;  and 
that  the  Commissioner  of  Police  and  Public  Buildings, 
his  pound  keepers,  assistants  and  employees  be  and  they 
are  hereby  authorized  and  directed  to  take  and  impound 
the  animals  hereinbefore  mentioned,  within  the  area 
established  by  this  ordinance. 

Art.  1743.  (4)  That  for  each  and  every  violation  of 
^"'this  ordinance  or  any  part  thereof,  the  party  or  parties 
violating  the  same  shall  be  fined  by  the  Recorder  of  the 
district  in  which  the  offence  is  committed,  in  a  sum  not 
more  than  twenty-five  dollars,  and  in  default  of  pay- 
ment of  the  fine,  imprisonment   in  the  police   jail    not 
more  than  thirty  days. 
Damage  to     Art.  1744.  (5)  That  for  any  damage  caused  by  such 
streets,  etc.  j^^^jj^^jg  ^q  ^  street  or  streets,  sidewalks  or  ditches,   the 
owner  or  owners  of  such  cattle  or  animals  shall  be  held 
responsible  and  liable  for  the  repairs  of  the  same. 

Art.  174.5.  (6)  That  whenever  streets,  banquettes  or 
ditches  have  been  destroyed  or  damaged  by  cattle  or  ani- 
mals, it  shall  be  the  duty  of  the  Commissioner  of  Public 
Works  to  notify  the  Commissioner  of  Police  and  Pub- 
lic Buildings,  who  shall  thereon  publish  a  notice  in  the 
official  journal  during  three  consecutive  days  forbidding 


Penalty. 


Duty  of  Com 
missioners. 

lb 


Ibr. 


POUNDS.  667 

the  driving  of  cattle  and  animals  upon  said  streets  until 
the  streets  have  been  replaced  in  their  previous  condi- 
tion by  the  Commissioner  of  Public  Works. 

Art.  1746.   (7)  That  the  unlawful  roving  of  cattle  and    Extended  ap- 

^     ''  "  ,     plication  ot  un- 

animals  within  the  limits  defined  by  this  ordinance  is  lawful  roving^ 
meant  to  apply  to  any  found  running  over  banquettes, 
through  or  along  the  sides  of  ditches  and  canals,  on  the 
streets  and  neutral  grounds,  in  public  squares,  com- 
mons, open  lots,  or  trespassing  on  private  property, 
whether  said  animals  are  in  charge  of  a  driver  or  not. 

Art.  1747.  (8)  That  the  Commissioner  of  Police  and    Pounds. 
Public  Buildings  shall  be  required  to  establish  not  less 
than   seven   pounds,  one  to  be  located  in  each  of   the 
seven  municipal  districts,  under  this  ordinance. 

Art.  1748.  (9)  That  all  animals  and  vehicles  taken    Animals  and 

^'  vehicles im- 

up  by  the  police,  by  pound  keepers,  pound  drivers  orP?"nded, how 
other  citizens  for  violating  the  provisions  of  this  ordi-  ^^^^ ,  ^  y*- 
nance  shall  be  placed  in  the  nearest  pound,  and  thegf^.  No.  6695, 
pound  keeper  shall  be  required  to  give  a  receipt  to  the 
person  delivering  the  same,  which  receipt  shall  state 
the  number  and  kind  of  animals  received ;  and  all 
horses,  mules  and  cows  and  vehicles  so  impounded  and 
unredeemed  within  twenty-four  hours  shall,  after  five 
days'  notice  by  the  Commissioner  of  Police  and  Public 
Buildings  on  the  door  of  the  pound,  be  sold  at  public 
auction  by  the  Commissioner  of  Police  and  Public 
Buildings,  said  sale  to  take  place  on  Wednesday  follow- 
ing said  notice,  at  12  o'clock  m.,  and  all  hogs,  pigs, 
goats  and  sheep  so  impounded  and  not  redeemed  within 
forty-eight  hours  shall,  after  two  days'  notice  on  the 
door  of  the  pound,  be  sold  at  public'  auction  by  the 
Commissioner  of  Police  and  Public  Buildings.  The 
proceeds  of  such  sales,  after  deducting  pound  fees  and 
all  local  expenses,  shall  be  subject  to  the  order  of  the 
owner,  and  if  not  claimed  within  ten  days  from  date  of 
sale  shall  be  turned  into  the  City  Treasury  by  said  com- 
missioner, to  be  placed  to  the  credit  of  Department  of 
Police  and  Public  Buildings. 

Art.  1749.  (10)  That  the  several  pound-keepers  are    Fees, 
allowed  to  collect  the  following  fines  from  the  owner  or 
owners  of  any  animals,  etc.,  impounded  and  no  more: 


668  POUNDS. 


Horse,  mule      (^j)  f^or  each  horse,  mule  or  cow,  $2.50,  50  cents   of 

or  cow.  ^     ^  '  7    '  7 

^^-  which  amount  shall  be  paid  to  the  party  conveying  the 
animal  to  the  pound,  and  a  further  sum  of  25  cents  per 
day  for  each  day  such  animal  may  reriiain  impounded, 
which  shall  reimburse  the  keeper  for  any  expense  he  has 
incurred  for  provender  and  food. 

Hog.  ^^  (&)  For  each  hog  brought  to  the  pound  a  fine  of  $3, 
50  cents  of  which  amount  shall  be  paid  to  the  party  con- 
veying the  animal  to  the  pound.  For  each  sheep  im- 
pounded $1.50,  25  cents  of  which  amount  shall  be  paid 

Sheep.  to  the  party  conveying  the  animals  to  the  pound.     For 

each  goat  impounded  a  fine  of  $1.50,  25  cents  of  which 
amount  shall  be  paid  to  the  party  conveying  the  animal 
to  the  pound ;  25  cents  per  day  shall  be  allowed  the  pound- 
keeper  for  food  furnished  each  hog,  sheep  or  goat,  to  be 

Wagon,  dray,  paid  by   the   owner.     Upon  each  wagon,  dray,  cart  or 
lb.  other  vehicle  impounded,  a  fine  of  ($2)  two  dollars  shall 
be  imposed ;  provided,  that  no  fines  shall  be  exacted  by 
the  pound  keeper  or  any  person  whose  animal  and  cart, 
etc.,  have  been  sent  to  the  pound  because  that  person 
has  been  taken  before  a  Recorder  for  violating  some  or- 
dinance other  than  the  pound  ordinance. 
Duty  of  police.      Art.  1750.  (10)  It  shall  be  the  duty  of  the  city  police  to 
■  render  such  service  or  assistance  as  may  be  necessary  to 
the  pound  keepers  and  assistants  and  employees  in  the 
discharge  of  their  duty,  and  it  shall  further  be  the  duty 
of  each  and  every  police  officer  and  the  right  of  any  party 
aggrieved  to  make  an  affidavit  against  any  and  all  per- 
sons violating  any  of  the  provisions  of  this  ordinance. 

Releases.  Art.  1751.  (11)  That  uo  auimals  or  vehicles  taken  up 

'  and  impounded  under  this  ordinance  shall  be  released 
therefrom,  except  by  virtue  of  an  order  from  the  Com- 
missioner of  Police  and  Public  Buildings. 

Keeper,  Art.  1752.  (12)  That  the  Commissioner  of  Police  and 

Public  Buildings  is  authorized  to  appoint,  with  the  ap- 
proval of  the  Council,  a  keeper  for  each  district  of  the 
city  and  such  number  of  assistants,  of  age,  as  he  may 
deem  necessary,  for  each  district  of  the  city.  The  pound 
keeper  shall  furnish  security  in  the  sum  of  five  hundred 
($500)  dollars,  and  shall  receive  a  compensation  of  not 


POUNDS.  669 

more  than  fifty  dollars  per  month,  as  hereafter  pro- 
vided, and  also  the  profits,  if  any,  that  may  accrue  from 
the  keeping  and  feeding  of  animals  impounded  under 
this  ordinance ;  the  assistants  shall  be  paid  the  fees 
which  they  may  earn  by  conveying  animals  to  the 
pound. 

Art.  1753.  (13)  That  it  shall  be  the  duty  of  the  Duty  of  keeper 
keeper  of  each  of  the  pounds  of  the  city  to  keep  a  book 
to  be  furnished  by  the  Comptroller,  in  which  he  shall 
register  daily  all  animals  brought  to  the  pound,  by 
whom  brought,  and  the  time  of  their  being  released,  and 
the  amount  of  fees  and  fees  paid,  which  book  shall  be 
open  at  all  times  for  public  inspection,  under  the  pen- 
alty provided  in  section  4  of  this  ordinance.  Moreover, 
the  keeper  shall  make  out  and  furnish  to  the  Commis- 
sioner of  Police  and  Public  Buildings,  who  shall  for- 
ward same  to  the  Comptroller  weekly,  a  detailed  state- 
ment of  the  number  and  kind  of  animals,  the  amount 
of  fines  and  pound  fees  received,  and  fees  paid  to  his 
assistants  or  drivers,  which  fines  and  pound  fees,  less 
amounts  paid  out,  as  herein  provided,  shall  be  depos- 
ited with  the  Commissioner  of  Police  and  Public  Build- 
ings, and  any  pound  keeper  failing  to  furnish  such  state- 
ment, keep  the  book  and  make  deposit  as  provided 
herein,  shall  be  dismissed. 

Art.  1754.  (14)  That  the  pound-keepers  of  the  several    Minors, 
city  pounds  are  forbidden  to  receive,  under  the  penalty  ^'^• 

imposed  by  section  4  of  this  ordinance,  any  stray  animal 
brought  by  any  person  under  twenty-one  years  of  age. 

Art.  1755.  (15)  Whoever  shall  attempt  to  rescue  Penalty  for 
forcibly,  or  by  artifice,  any  animals  referred  to  in  this ''*^'^"'"^"  ib, 
ordinance,  while  being  carried  to  the  pound,  or  when  in 
the  pound,  or  attack,  or  interfere  with  the  person  con- 
veying said  animals  to  the  pound,  or  in  charge  of  the 
animals  in  the  pound,  shall  be  subject  to  the  penalty 
imposed  in  section  4  of  this  ordinance. 

Art.  1756.  (16)  All  moneys,  after  deducting  assist-    Moneys, 
auts'    or  pound  drivers'  fees  and  legal  expenses,  col-  ^''• 

lected  for  the  city's  benefit,  in  accordance  with  this 
ordinance,  shall  be  turned  into  the  City  Treasury 
weekly. 


670  POUNDS. 

Salaries  of     Art.  1757.  (17)  The  salary  of  each   of  the  pound- 

k.66D6rS 

lb.  keepers  shall  be  dependent  upon  the  amount  turned  into 
the  treasury  for  their  respective  districts,  shall  not 
exceed  $50  per  month,  as  already  specified,  and  the 
Comptroller  is  hereby  authorized  and  directed  to  war- 
rant on  the  Treasurer  for  such  salary,  and  the  Treasurer 
is  hereby  authorized  and  directed  to  pay  in  accordance 
therewith;  provided,  that  should  the  revenues  of  one 
month  be  insufficient  to  pay  the  salaries  of  the  said 
pound-keepers,  the  revenues  of  a  previous  or  subsequent 
month  may  be  used  for  that  purpose.  The  intent  and 
purpose  of  said  provision  being  to  make  the  said  pounds 
self-sustaining. 

Repealing     Art.  1758.  (18)  That  all  ordiuauccs ou  thc  samc  sub- 
ib.  ject  matter  as  this  ordinance  are  repealed. 
Vehicles  with-      Art.  1759.  (1)  That  from  and  after  the  promulgation 

pi'ates'.'^'^^^^of  this  ordinance,  it  shall  be  the  duty  of  the  police  to  ar- 

c.  s."    °'      '  rest  and  impound  any  vehicle  that  the  license  plates  of 

pri  10, 1894.  ^jj^(.]^  ^j,g  jjQ^  attached   to  the   vehicle  in  a   permanent 

manner,  or   any  which  have  more  plates  attached  than 

those  necessary  to  cover  the  current  year's  license. 

Fines.  ^^  Art.  1760.  (2)  That  the  several  pound-keepers  are  al- 
lowed to  collect  the  following  fines  from  the  owner  or 
owners  of  animals  and  vehicles  impounded  and  no  more : 

Horses.  ^^  («)  For  cach  horse  or  mule  $2.50,  fifty  cents  of  which 
amount  shall  be  paid  to  the  party  conveying  the  animal 
to  the  pound,  and  a  further  sum  of  twenty-five  cents 
per  day  for  each  day  such  animal  shall  remain  im- 
pounded, which  shall  reimburse  the  keeper  for  any 
expense  incurred  for  provender  and  food. 

Wagon, dray,      (&)  Upon  cach  wagou,  dray,  cart  or  other  veichle  im- 
cart.etc.     j^^  pounded  a  fine  of  two  dollars  shall  be  imposed. 
Releases.  Art.  1761.  (3)  That  uo  auimals  or  vehicles  taken  up 

^^'  and   impounded  under  this  ordinance  shall  be  released 
therefrom  without  payment  of  full  fee,  except  by  virtue 
of  an  order  from  the  Commissioner  of  Police  and  Pub- 
lic Buildings, 
cil!:le^'^^'"^     Art.  1762.  (4)     That  all  ordinances  or  parts  of  ordi- 
i"-  nances  in  conflict  herewith  are  hereby  repealed. 


PUBLIC   IMPROVEMENT   FUND.  671 

POWDER  AND   POWDER  MAGAZINES— See  Com- 
bustibles. 


PUBLICATIONS  —  See     Ordinances    and     Official 
Journal. 


PUBLIC  BATHS— See  N.  O.  Auxiliary  Sanitary  x 
Association. 


PUBLIC  EXHIBITIONS— See  Amusements   and  En- 
tertainments. 


PUBLIC  INSTITUTIONS— See  Almshouses,  Trust 
Funds,  Etc.,  Courts,  Public  Schools,  Prisons 
AND  Jails,  Etc. 


PUBLIC  I-MPROVEMENT  FUND. 
Act  110  OF  1890. 

Sec.  8.  Be  it  further  enacted,  etc..  That  out  of  the  proceeds  of 
said  one  per  cent,  per  annum  tax,  beginning  in  the  year  1892,  the 
said  Board  of  Liquidation  shall  annually  provide  for  the  carrying 
of  the  premium  bond  plan,  the  payment  of  the  interest  upon  the 
bonds  herein  authorized  to  be  issued,  and  of  the  interest  upon  all 
other  outstanding  interest-bearing  bonds  of  the  city  of  Xew  Or- 
leans, and  after  the  year  1925,  for  the  annual  sinking  fund 
necessary  to  call  and  retire  the  number  of  bonds  provided  for  in 
section  9  of  this  act.  After  making,  in  each  year,  the  provisions 
above  required,  and  after  deducting  the  expenses  incurred  by 
said  board,  and  after  paying  any  deficiency  in  the  interest  fund  of 
any  previous  years,  one-half  of  the  surplus  of  said  tax  shall  be 
passed  to  the  credit  of  a  special  fund,  to  be  known  as  the  "Perma- 
nent Public  Improvement  Fund,'"  to  be  disposed  of  as  hereinafter 
provided ;  the  other  half  of  said  surplus  shall  be  paid  over  to  the 
School  Board  of  the  city  of  Xevv  Orleans,  in  addition  to  any  fund 
appropriated  by  said  city  out  of  other  funds,  to  be  used  in  the 
maintenance  and  support  of  the  public  schools  in  said  city. 

Sec.  10.  Be  it  further  enacted,  etc.,  That  the  '"Permanent  Public 
Improvement  Fund,"  above  provided  for,  shall  be  used  exclu- 
sively for  the  construction  of  permanent  public  improvements  in 
the  city  of  of  Xew  Orleans,  such  as  levees,  canals,  drainage  sta- 
tions, pavements,  public  buildings,  public  parks  and  bridges,  and 


672  PUBLIC   SCHOOLS. 

all  ordinances  passed  by  the  City  Council,  to  be  paid  out  of  this 
fund,  shall  first  be  approved  by  the  said  Board  of  Liquidation,  who 
shall  not  draw  any  check  on  said  fund  unless  they  are  convinced, 
upon  proper  inquiry,  that  said  ordinance  covers  the  construction  of 
a  permanent  public  improvement,  within  the  purview  of  this  act. 
The  true  interest  and  meaning  of  this  clause  is  not  to  give  said 
board  any  authority  to  say  to  what  permanent  public  improve- 
ment any  fund  shall  be  applied,  but  only  to  see  that  said  fund 
shall  be  applied  exclusively  to  the  construction  of  improvements 
that  are  permanent. 


PUBLIC  SCHOOLS. 

Art.  1763.  Whereas,  under  Act  110  of  1890,  section 
2  thereof,  the  city  of  New  Orleans  is  authorized  and 
empowered  to  examine  into  and  assume  the  payment  of 
the  claims  or  obligations  of  the  Board  of  School  Di- 
rectors for  the  city  and  parish  of  Orleans,  due  for  the 
years  1880,  1881,  1882  and  1884,  now  in  the  hands  of 
the  orignal  owners  who  have  in  nowise  parted  with  their 
rights  of  ownership  or  pledged  the  same. 

And  whereas,  the  special  committee  of  the  City  Coun- 
cil, appointed  to  investigate  said  claims,  have  reported 
to  the  Council  the  result  of  their  labor,  and  have  filed 
with  said  report  a  full  list  of  the  amount  of  said  claims, 
together  with  the  names  of  their  respective  owners,  enu- 
merating the   months   and   nature   of  the  service  per- 
formed,  which  list  or  rolls  is  the  result  of  a  full  and 
faithfal  investigation  by  said  committee  from  the  records 
of  the  Board  of  School  Directors. 
ai^ou°f  t?r"e?     '^^'^-  l'G4.  That  they  recognize  as  correct  and  binding 
''ord!^No.^8o6i  ^POQ  the  city  of  New  Orleans  the  amounts  reported  on 
^Amended  by  ^^^^  rolls  Submitted,  which  said  rolls  aggregate  the  sum 
ord. No.11,100, Qf  Qjjg  hundred  and  sixty-six  thousand  seven  hundred 
Aug.s.isgs.  and  twenty-two  55-100  ($166,722.55)  dollars,  and  the 

same  be  and  are  hereby  approved  as  correct. 
Providing  for  Art.  1765.  That  the  said  sum  of  one  hundred  and 
payment.  ^^  sixty-six  thousand  seven  hundred  and  twenty-two  55- 
100  dollars  be  and  the  same  is  hereby  assumed  by  the 
city  of  New  Orleans  as  the  amount  due  by  the  Board  of 
School  Directors  of  the  city  and  parish  of  Orleans,  for 


PUBLIC   SCHOOLS. 


673 


the  years  1880  to  1884  inclusive,  said  amount  being  for 
services 'rendered  during  the  years  1880,  1881,  1882  and 
1884,  and  the  city  of  New  Orleans  hereby  obligates 
itself,  and  the  Council  of  the  city  of  New  Orleans  is 
hereby  directed  to  appropriate  and  set  aside  annually, 
or  until  such  time  as  other  provisions  are  made  for  the 
entire  liquidation  of  said  indebtedness  from  the  appro- 
priation to  the  public  schools,  the  sum  of  twenty  thou- 
sand ($20,000)  dollars  toward  liquidating  the  said 
indebtedness,  the  same  to  be  liquidated  in  the  order  in 
which  it  was  earned. 

Art.  1766.  That  as  soon  as  said  annual  appropriation 
is  provided  and  promulgated  by  the  City  Council,  the 
Treasurer,  before  paying  the  several  claimants,  be  and 
he  is  hereby  required  to  obtain  from  each  claimant  on 
the  roll  or  rolls  to  be  paid  a  certificate  in  the  words  and 
figures  following,  to-wit : 

I, ,  do  hereby  pledge  my  word  and  honor  that  I 

am  the  original  owner  of  the  claim  for  services  as  teach- 
er or  portress  of  the  public  school  for  the  year,  and  that 
I  have  in  no  wise  parted  with  my  right  of  ownership  or 
pledged  the  same,  and  the  amount  set  opposite  my  name 
on  the  rolls  of  the  Board  of  School  Directors  for  said 
period,  and  approved  by  the  Council  of  the  City  of  New 
Orleans,  is  equitably  due  me  for  services  rendered, 
labor  performed  or  material  furnished  said  Board  of 
School  Directors  of  public  schools. 

Art.  1767.  That  it  is  a  part  of  the  terms  of  payment 
under  this  ordinance  that  same  shall  be  considered  as  a 
fair  and  equitable  settlement,  and  as  such  accepted  in 
good  faith  by  all  parties. 


Certificates, 
lb. 


Act  Xo.  81  of  1888. 

In  relation  to  free  public  schools,  and  to  regulate  public  educa- 
tion in  the  State  of  Louisiana;  to  provide  a  revenue  for  the 
same,  and  impose  certain  penalties;  and  to  apply  lines 
imposed  by  district  courts,  and  amounts  collected  on  bonds, 
to  the  purpose  of  public  education,  and  to  provide  for  the 
payment  of  unpaid  balances  due  to  the  public  school  teachers 
of  New  Orleans,  for  the  years  eighteen  hundred  and  eighty 
(1880),  eighteen  hundred  and  eighty-one  (1881),  eighteen 
hundred  and  eighty-two  (18S2),  and  eighteen  hundred  and 
eighty-four  (1884). 
Sec.  1.     Be   it   enacted  by   the    General  Assembly   of  the   State 


674  PUBLIC   SCHOOLS. 

Creation  o  f  of  Louisiana,  That  the  Governor  and  Superintendent  of  Public 
Stfon  for^  the  Education,  and  the  Attorney  General,  together  with  six  citizens 
State ;  its  com  to  be  appointed  by  the  Governor,  one  from  each  Congressional 
th'ori  ty°an"d  District  of  the  State,  shall  be  a  body  politic  and  corporate  by  the 
ofthe  m^embers"  ^^^^  ^^^  ^^^^^  ^^  ^^^  Board  of  Education  for  the  State  of  Louis- 
iana, with  authority  to  sue  and  defend  suits  in  all  matters  relating 
to  the  interest  of  the  public   schools.     The  above  specified  six 
citizens  shall  receive,  as  compensation  for  their  services  in  at- 
tending the  meetings  of  the  board,  their  actual  traveling  expenses 
and  per  diem  for  the  number  of  days  that  the  board  is  in  session, 
the  same  as  members  of -the  State  Legislature,  payable  on  their 
warrants,  approved  by  the  president  and  secretary  of  the  board, 
out  of  the  school  fund. 

Ex -officio     Sec.  2.     Be  it  further  enacted,  etc..  That  the  Governor  shall  be 
times'^of 'meet^  cx-ofHcio  the  president,  and  the  State  Superintendent  secretary, 
ings  of  board.    The  board  shall  meet  on  or  before  the  first  Monday  of  December 
of  each  year,  and  at  other  times  upon  the  call  of  the  State  Super- 
intendent.    The  acts  of  the  board  shall  be  attested  by  the  signa- 
ture of  the  president. 
Parochial     Sec.  3.     Be  it  further  enacted,  etc.,  That  the   State   Board   of 
school  direc- Education  shall  appoint  for  each  parish  in  the  State,  except  the 
^°'®-  parish  of  Orleans,  a  Board  of  School  Directors   consisting  of  not 

less  than  five  nor  more  than  nine  qualified  citizens  of  the  parish. 
The   Governor  shall  issue   a  commission  to   each  of  said  direc- 
tors.    The  State  Board  of  Education  shall  prepare  rules,  by-laws 
and  regulations  for  the  government  of  the  common  schools  of  the 
State,  which  shall  be  enforced  by  the  Parish  Superintendents  and 
the  several  School  Boards,  and  shall  give  such  directions  as  it 
may  see  proper  as  to  the  branches  of  study  which  shall  be  taught. 
The  State  Board  shall  strictly   enforce  a  uniformity  of  text-books 
in  all  the  public  schools,  and  shall  adopt  a  list  thereof,  which 
Rules,  by-laws  g]ja]l  remain  unchanged    for    four  years    after    such    adoption, 
tions  for  the  For  satisfactory    reasons  shown   to  said  board,  it  may  change 
of*  the'^"ccKn- said    list    Or    adopt    a    list    generally   preferred    by    teachers 
"i°\  ^*i^°°^'  and  parents  in  certain  localities,  maintaining  as  far  as  possi- 
and  their  en- ble    a    Uniformity    of    text-books    and  without  placing  parents 
orcement.      ^^^  guardians  to  further  expense.     The  adoption  of  such  list  and 
thei^uniformi'  apparatus  Shall  be  by  contract  to  the  lowest  bidder,  subject  to  the 
ty  and  changes,  change  aforesaid,  and  to  the  best  advantage  as  to  cost  to  pupils. 
Additional  re-      Sec.  4.     Be  it  further  enacted,  etc..  That  the   State   Board  of 
i  s  h  superin-  Education  may  require  reports  to  be  made  by  the  Parish  Super- 
tendents.        intendcnt  whenever  the  interest  of  the  common  schools  indicate 
Term  of  office  the  necessity  of  other  reports  than  now  required, 
parish'"  boards     Sec.  5.     Be  it  further  enacted,  etc..  That  the  term  of  otfice  of  the 
su  p^er  iVt'e^n^  members  of  the  Parish  School  Boards  and  of  the  Parish  Superin- 
dents;  vacan-tendents  shall  be  four  years  from  the  time  of  their  appointment, 
of  office.  If  a  vacancy  occurs,  the  unexpired  term  shall  be  filled  as  herein- 


PUBLIC   SCHOOLS.  675 

before  provided.  These  officers  shall  take  the  usual  oath  of 
office,  which  oath  shall  be  filed  in  the  office  of  the  State  Superin- 
tendent of  Public  Education. 

Sec.  6.  Be  it  further  enacted^  etc.,  That  the  several  School  The  several 
Boards  are  constituted  bodies  corporate,  with  power  to  sue  and  bodies  corpo^- 
be  sued,  under  the   name   and  style   of  the '•  Parish  Board   of^ted. 

Directors  of  the  parish  of ,'"  as  the  cause  may  be.    Citations 

shall  be  served  on  the  president  of  the  board. 

Sec.  7.  Be   it  further  enacted,  etc.,  That  the  Parish   Board  of    xhe  president 
Directors  shall  elect  from  their  number  a  president.     They  shall  and  ^ej:j'etary 
elect  or  appoint  a  Parish  Superintendent,  who  shall  be  ex-officio  visiting  trus  - 
secretary  of  the  board.     They  are  authorized,  in  their  discre-  *^*^* 
tion,   to   appoint  auxiliary  visiting  trustees  for  each   ward   or 
school  district,   or  school  in  the  parish;  such  trustees  to  make 
quarterly  reports  to  the  parish  board  of  the  actual  condition  of, 
and  shall   make  needful   suggestions  in  all  matters  relating  to 
the  schools  they  have  in  charge  as  trustee.     The  Parish  Board 
of  Directors   shall  report  to  the  State   Board  of  Education   all     Dntiesoftlie 
deficiencies  in  the  school    or  neglect  of  duty  on   the  part  of  '^^r'^ish  boards"  * 
teachers,  superintendent  or  other  officer.     They  shall  visit  and 
examine  the  schools  in  the  several  school  districts  of  the  parish, 
from  time  to  time,   and  they   shall  meet  and  advise   with  the 
trustees  when   occasion  requires   (if  auxiliary   trustees  be   ap- 
pointed  by  the  board  of  the    parish).     They   shall   apportion 
the  school  fund  to   the   several  districts  in  the   parish  in  pro- .School  funds; 

no  w    a  p  p  o  r- 

portion  to  the  number  of  persons  in  the  district  between  the  ages  tioned. 
of  six  and  eighteen  years,  and  shall  determine  the  number  of 
schools  to  be  opened,  the  location  of  the  school-houses,  the 
number  of  teachers  to  be  employed,  their  salary ;  and  the  said 
School  Board  is  entrusted  with  seeing  that  the  provisions  of  the 
law  are  complied  with.  They  shall  make  such  rules  and  by- 
laws for  their  own  government  (not  inconsistent  with  the  law) 
as  they  may  deem  proper.  The  regular  meeting  of  each  parish 
board  shall  be  held  on  the  first  Saturdays  of  January.  April, 
July  and  October,  and  it  may  hold  such  special  and  adjourned 
meetings  as  the  board  may  determine  or  as  occasion  may  require. 
Each  member  shall  receive  payment  for  his  attendance  at  school 
board  meetings,  when  the  board  shall  hold   regular   sessions  on  • 

the  days  before  mentioned;  provided,  that  the  amount  be  not  rteh- erectkm 
fixed  by  the  said  board  at  more  than  two  dollars  per  diem,  and  ^^^  repairs, 
provided  that  the  whole  amount  expended  annually  shall  not  ex- 
ceed one  hundred  dollars.  The  School  Boards  shall  exercise 
proper  vigilance  in  securing  for  the  schools  of  the  parish  all 
funds  destined  for  the  support  of  the  schools,  including  the  State 
fund  apportioned  thereto,  the  poll  tax  collectible,  and  all  other 
funds.  They  shall  keep  a  record  of  all  their  transactions  and 
proceedings.  The  School  Boards  may  receive  land  by  purchase 
or  donation  for  the  purpose  of  erecting  a  schoolhouse,  provide 


670  PUBLIC   SCHOOLS. 

for  and  secure  the  erection  of  same,  construct  such  buildings  and 
enclosures  as  shall  be  conducive  to  the  protection  of  the  property, 
make  repairs  and  provide  the  necessary  furniture  and  apparatus. 
All  contracts  for  improvements  shall  be  to  the  lowest  responsible 
bidder,  the  board  reserving  the  right  to  reject  any  and  all  bids. 
They  shall  have  power  to  recover  any  damages  that  maj'  be  done 
the  property  in  their  charge;  they  may,  by  a  two-thirds  vote  of 
the  whole  board,  after  due  notice,  change  the   location   of  the 
schoolhouse,  sell  or  dispose  of  the  old  site,  and  use  the  proceeds 
thereof  toward  procuring  a  new  one. 
Removals  of .    Sec.  8.  Be  it  further  enacted^  etc..  For  sufficient  cause  the  Par- 
tLn"ent«"''a  n"d  ''^^   Board   of  School  Directors   may  remove  the  Parish  Super- 
their  appeals,    intendent,  subject  to  an  appeal  to  the  State  Board  of  Education; 
provided,  this  appeal   be  taken   within  ten   days  after  his  dis- 
missal.     The   appeal   shall  not  have   the  effect  of  suspending 
the   board's   action   of   dismissal   during  its  pendency,  but  the 
Parish  Superintendent  shall  be  reinstated  if  the  State  Board  of 
Education   decides  that  he    was   dismissed  without  cause,   and 
reverses  the  decision  of  the  Parish  School  Board. 
Counsels  of     Sec.  9.  Be  it  further  enacted,  etc..  That  the  district  attorney  of 
parish  boards.    ^^^  district,  or  any  other  attorney  selected  by  the  board,  shall 
act  as  counsel  for  the  Parish  Board. 
Graded,  can      Sec.  10.  Be  it  fm'ther  enacted,   etc..  That   the   Parish   School 
Tcho^ofs  ^and  Board  shall  have  the  authority  to  establish  graded  schools,  and 
ordinances  fo  to  adopt  such  a  System  in  that  connection  as  may  be  necessary 
^eir^esa   is  - ^^  assure  their  success;  central  or  high  schools  may  be  estab- 
lished    when    necessary.      The    ordinances    establishing    such 
schools  adopted  by  the  Parish  School  Boards  shall  be  submitted 
to  the  State  Board   of   Education,  and  no  high  school  shall  be 
opened  without  it  sanction,  and  no  such  school  shall  be  estab- 
lished unless   the   amount  be  donated  for  the  site  and  suitable 
buildings   are    provided    for  without  any   expense    out   of  the 
school  fund;  provided,  that  the  Board  of  Directors  of  the  parish 
of  Orleans   shall  not  require  the  sanction  of'  the  State  Board 
for  the  purposes  aforesaid.    The  School  Boards  shall  have  the 
Fuel  account- ^"^^^^"^-^  ^^  assess   and  collect  one  dollar  per  annum   on  each 
how  provided,  family.   Surviving  parent  or  guardian,   who    actually    sends   a 
child  or  children  to  the  common  schools  of  the  district,  to  be 
collected  in  such  manner  as  said  board  shall  determine,  which 
amount  shall  be  used  in  providing  the  school-house  with  fuel, 
and  defraying  the  expenses  necessary  for  the  comfort  of  the 
school. 
School    dis-     ^^^-  ^^'  Beit  further  enacted,  etc.,  That  it  shall  be  the  duty  of 
tricts;  how  the  Parish  Board  with  the  Parish  Superintendent  to  divide  the 
parish  into  school  districts  of  such  proper  and   convenient  area 
and  shape  as  will  best  accommodate   the  children  of  the  parish. 
The  Parish  Boards  shall,  as  soon  as  practicable,  proceed  to  the 
work  imposed  upon  them,  and  upon  completing  this  work  they 


PUBLIC   SCHOOLS.  677 

shall  make  a  report  to  the  Parish  Superintendent,  which  report 
shall  contain  the  boundary  and  description  of  the  said  district 
designated  by  number.  The  Parish  Superintendent  shall  record 
the  same  in  a  well-bound  book  kept  by  him  for  the  purpose, 
which  book  shall  be  held  by  said  Parish  Superintendent,  and  be 
at  all  times  open  to  inspection.  The  Parish  Board,  if  they  deem 
it  to  the  best  interests  of  the  schools,  may  divide  the  parish  into 
districts  without  reference  to  the  wards  in  the  parish. 

Sec.  12.  Bi'  itpirther  enacted,  etc..  That  the  Parish  Superintend-  school  a  i  s- 
ents  of  two  adioining  parishes,  where  the  division  line  intersects  trictsin  two  ad- 

joiningf   par- 

a  neighborhood   whose   convenience   requires  it,  may  layoff  a  ishes;  how  laid 

district  composed  of  parts  of  both   the   parishes.     Such  districts  °"*' 

shall  be  reported,  together  with  the   census   of  school   children 

only  as  belonging  to  the  parish  in  which  the  schoolhouse  may  be 

situated,  by  the  Parish  Superintendent  of  the  parish ;  and  report 

shall  be  made  bj'  the  assessor  and  Parish  Superintendent  as  though 

it  lay  entirely  in  the  parish. 

Sec.  13.  Be  it  further  enacted,  etc.,  That  where  two  school  optionof 
districts  adioin,  it  shall  be  lawful  for  the  children  of  either  of  school  children 

•>        ^  as    to  two    ad- 

the  said  adjoining  districts  to  be  taught  in  and  at  such  school-  joiniug   school 
house  as  shall  be  most  convenient  to  them ;  provided,  that  their  ^'®*''"='s- 
tuition  fees  shall  be  paid  to  the  district  in  which  they  are  taught, 
and  that  no  change  be  made  without  the  assent  of  the  Sehoo] 
Boards  of  the  respective  parishes. 

Sec.  14.  Be  it  further  enacted,  etc..  That  the  branches  of  or- what  branches 
thography.  reading,  writing,  arithmetic,  geography,  grammar.  tn*eve*rv'"dU- 
United  States  history  and  laws  of  health  shall  be  taught  in  every  trict,  a  n  d  in 
district.  In  addition  to  those,  such  other  branches  as  the  State  Engu'Lh  i°n 
Board  of  Education  and  the  Parish  School  Board  may  reiiuire;    '^ose  local- 

•'         ^  '     1  I  I  e  s   where 

provided,  that  these  elementary  branches  may  be  also  taught  in    French   lan- 
the  French  language  in  those  parishes  in  the  State  or  localities    m^nit^es!"^^ 
in  said  parishes  where  the  French  language  predominates,  if  no 
additional  expense  is  incurred. 

DCTIES   OF   OFFICERS. 

Sec.  15.  Be  it  further  enacted,  etc.,  That  the  president  shall  pre-     Duties   and 
side  at  the  meetings  of  the  board,  call  special  meetings  when  p°^gg''fj°^j"^* 
necessary,  advise  with  and  assist  the  parish  superintendent  in  Parish  school 
promoting  the  success  of  the  schools,  and  generally  do  and  per- 
form all  other  acts  and  duties  pertaining  to  his  office  of  president 
of  the  board.     All  deeds  and  contracts  for  the  schools,  including 
those  with  teachers,  are  to  be  signed  by  him;    the  latter  also  by 
the  parish  superintendent. 

SECKETAKY. 

The  secretary  shall  keep  full  minutes  of  all  proceedings  of  the     of  the  secre- 
board  in  a  book  provided  for  the  purpose,  and  shall  do  and  per-  '^"^y- 
form  all  other  acts  and  duties  legally  pertaining  to  the  office  of 
secretarv  of  the  board. 


678  PUBLIC   SCHOOLS. 

STATE  SUPERINTENDENT  OF  PUBLIC  EDUCATION. 

Office  for  the     Sec.  16.  Be  it  further  enacted^  etc.,  That  an  office  shall  be  pro- 
State  Superin-  yided  for  the  State  Superintendent  of  Public  Education  at  the 

tendent,     and  .  ..,.,,,,,    ^, 

what   shall  be  Seat  of  government,  m  which  he  shall  file,  each  year  separately, 
filed  therein,      ^^jj  papers,  reports  and  public  documents  transmitted  to  him  by 
the  board  and  officers  whose  duty  it  is  to  report  to  him,  and  hold 
the  same  in  readiness  to  be  examined  by  the  Governor  whenever 
he  sees  proper,  and  by  any  committee  appointed  by  the  General 
Vacancies  in  Assembly ;  and  he  shall  cause  to  be  kept  a  record  of  all  matters 
state  "sufTerin-  appertaining  to  his  office.     In  case  of  vacancy  in  the  office  of  Su- 
tendent;  h  o  w  perintendent  of  Public   Education  the  Governor  shall  fill  the 
vacancy  and  submit  the  name  of  the  appointee  to  the  Senate  for 
confirmation  at  the  first  session  held  after  the  appointment. 
Salary  of     Sec.  17.  Be  it  further  enacted,  etc..  That  the  salary  of  the  Super- 
fe^ndent  "^office  intendent  of  Public  Education  shall  be  two  thousand  dollars  per 
fixtures,  sta-  annum,  besides  which  he  shall  be  entitled  to  office  fixtures,  sta- 
etc?— "Znd  c?erk  tionery,  books,  fuel  and  lights,  needed  to  carry  on  the  work  of 
and  porter.        j^jg  offl^e.    He  shall  have  the  authority  to  appoint  a  clerk  and  a 
porter,  and  prescribe  the  duties  of  each ;  provided,  that  the  entire 
expenses  of  his  office,  including  salaries,  postage  and  incidentals, 
shall  not  exceed  the  specific  appropriation  therefor,  payable  in 
monthly  instalments,  out  of  the   current  school   fund,   by  the 
Treasurer  of  the  State,  upon  the  warrants  of  the  State  Superin- 
tendent. 
Supervisory     Sec.  18.  Be   it  further  enacted,  etc..  That  the  State   Superin- 
duties    of   the  tendent  of  Public  Education  shall,  have  general  supervision  of 
tend^ent."''*""  all  boards  of  education,  and  of  all  common,  high  and  normal 
schools  of  the  State,  and  shall  see  that  the  school  system  is  car- 
ried into  effect  properly.     He  shall  visit  the  several  parishes  of 
the  State  whenever  practicable,  at  least  once  a  year,  and  shall 
give  due  notice  of  the  time  of  his  intended  visit  to  the  parish  su- 
perintendent, whose  duty  it  shall  be  to  meet  and  confer  with  the 
State  Superintendent  on  all  matters  connected  with  the  interest 
of  the  common  schools  of  the  parish ;  while  engaged  in  this  duty 
his  actual  expenses  shall  be  paid  out  of  the  current  school  fund, 
but  shall  not  in  any  case  exceed  the  amount  appropriated  per 
annum  for  the  purpose. 
„,,    ^  ,     Sec.  19.  Be  it  further  enacted,  etc.,   That  he  shall  keep  an  ac- 

W  hat  account  *^ 

he  shall  special  count  of  all  orders  drawn  or  countersigned  by  him  on  the  Auditor. 

ly  keep.  ^^  ^^^  retums  of  settlements,  and  make  note  of  all  changes  in  the 

appointment  of  school  treasurers ;  whenever  required,  any  part 

pon'o""h^c'sta1e  o^  t*^i®   account  or  note   of  change   shall  be  furnished  by  the 

Superintendent  Auditor, 

sh  a  1  Tcontain,  Sec.  20.  Be  it  further  enacted,  etc..  That  he  shall  biennially,  on 
copjes"To^'b*'i  o^  before  the  meeting  of  the  General  Assembly,  make  a  report  of 
p  r  inted,  and  the  Condition  and  progress  made  and  possible  improvements  to 
exchan"ged.  *"   be  made  in  the  common  schools;  the  amount  and  condition  of  the 


PUBLIC  SCHOOLS.  679 

school  funds;  how  its  revenues,  during  the  two  previous  school 
years,  have  been  distributed ;  the  amount  collected  and  disbursed 
for  common  school  purposes  from  local  taxation  or  from  an}' 
other  source  of  revenue,  and  how  the  same  was  expended. 

This  report  shall  contain  an  abstract  of  the  parish  and  city  su- 
perintendents" reports.  He  shall  communicate  all  facts,  statistics 
and  information  as  are  of  interest  to  the  common  schools.  He 
shall  cause  to  be  printed  a  copy  for  each  school  district  in 
the  State  two  hundred  copies  for  the  use  of  the  members  of  the 
Legislature,  and  to  exchange  with  the  superintendents  of  public 
instruction  of  other  States,  and  three  hundred  copies  for  distribu- 
tion by  the  Superintendent. 

Sec.  21.  Be  it  ftirther  enacted^  etc.,  That  the  superintendent  in  Suggestions 
his  report  shall  set  forth  the  objects,  make  suggestions  which  aJfirrd^as^to'^the 
may  be   of  interest  and  promote  the  success  of  the  institution 'J^  st'tutjon  of 

■'  the    blind,  deaf 

of  the  blind   and  the  deaf  and  dumb.     The  superintendents  of  and  dumb, 
these  institutions  shall  annually,  by  the  first  day  of  March,  fur- 
nish the  State  Superintendent  of  Public  Education  such  state- 
ments of  their  respective  institutions  as  may  be  necessary  to  ena- 
ble him  to  make  a  full  and  satisfactory  report. 

Sec.   22.  Be  it  further  enacted,  etc..  That  certilied   copies   of     Certified 

.        „  ,     „  .  ,,  ,  .,  copies     of    his 

record  and  papers  m  his  omce  shall  in  all  cases  be  evidence  as  re  cords  and 
admissible  as  the  original.  Kv!d^e1i'?e'''" 

Src.  23.  Be  it  further  enacted,  etc..  That  it  is  made  part  of  his     ,^. 

,,  ,  ,    ,  .  ,         His    duty    to 

duty  to  report  all  neglect  of  duty  or  any  improper  uses  made  report  all  ne- 
of  school  funds  to  the  State  Board  of  Education  whenever  it  may  |'^*^^^  imprbplr 
come  to  his  knowledge.  uses  of  school 

^  funds. 

Sec.   24.  Be   it  further  enacted,   etc..  That  the   State  Superin- 
tendent shall   decide   all    controversies  or    disputes    that    may  „eriiftfndenf  to 
arise    or  exist  among  the   directors,   or  between  the    superin-  decide  all  con 
tendents  and  the  board,   and  between  the  superintendents  and  d'isputes^among 
teachers    concerning    their    respective    duties.      The    facts   of g^pg^\''^'^j*^°^®j 
these  controversies  or  disputes  shall  be  made  known  to  him  by  "lents  and  tea- 
written  statements  by  the  parties  thereto,  verified  by  oath  or  loaffpeaito^he 
affirmation,  if  required,  and  accompanied  by  certified  copies  of  fnd*^with°Yhe' 
all  necessary  minutes,  contracts,  orders  or  other  documents.     An  help  of  Attor- 
appeal  may  be  taken  from  his  decision  to  the  Board  of  Education :  wlien  he  desi'res 
provided,  it  be  taken  within  fifteen  days  after  his  decision  shall  ''• 
have  been  made.     When  called  upon  by   the  Superintendent  of 
Public  Education,  the  Attorney  General  shall  give  his  opinion  in 
regard  to  any  controversy   or   dispute.     The   Superintendent  of 
Public  Education  shall,  when   required,  give   advice,  explana- 
tions, constructions  or  information  to   the   district  officers  and 
superintendents  and  to  citizens   relative   to  the  common  school 
law;  the  duties  of  common  school  officers;  the  rights  and  duties 
of  parents,  guardians,  pupils  and  all  officers;   the  management 
of  the  schools,  and  all  other  questions  calculated  to  promote  the 
cause  of  education. 


680  PUBLIC   SCHOOLS. 


PARISH    SUPERINTENDENT. 

Qualifications  Sec.  25.  Be  it  further  enacted,  etc.,  That  there  shall  be  a  Parish 
parish  ^JuJ^rin-  Superintendent  in  each  of  the  parishes  of  the  State,  the  parish 
tendents.  of  Orleans  excepted,  who  shall  be  possessed  of  moral  character 

'and  ability  to  manage  the  common  school  interests  of  the  parish. 
He  shall  be  of  age.     His  salary  shall  not  be  more  than  two  hun- 
dred dollars  per  annum  for  his  services   as   Superintendent  and 
secretary  as  herein  provided. 
^JTheir visiting     sec.  26,  Be  it  fuither  enactech  etc.,  That  he   shall  during  the 
year  visit,  once  at  least,  each  district  school  in  the  parish,  and  he 
shall  exert  his  best  endeavors  in  promoting  the  cause  of  common 
school  education. 
Additional     Sec.  27.  Be  it  further  enacted,  etc..  Whenever  his  services  are 
to°pansh"sup'°"  Quite  efficient  and  highly  satisfactory  to  the   School  Board,  it  is 
i  n  ten  de  n  tsauthorized  in  its  discretion  to  allow  an  amount  sutticient  to  the 

when  allowaole 

Parish  Superintendent  to  defray  his  expenses  in   visiting  all  the 
schools  in  his  parish.     The  amount  allowed  shall  never  exceed 
one    hundred  and    twenty-five    dollars    per    annum.     Prior   to 
any  payment  for  expenses  in  visiting  the  schools,  he  shall  make 
a  written  report  respecting  the  condition  of  each  school  examined, 
and  shall  make  it  appear  that  he  has  devoted  at  least  three  hours 
in  examining  each   school  visited.     The   School   Board   is   also 
authorized  to  defray  his  expenses  to  attend  annually  the  conven- 
tion of  superintendents. 
Committee     Sec,  28.  Be  it  further  enacted  etc..  That  the  president  of  the 
oTt  e^rch^ers*;  School  Board  and  a  member  appointed   by  the  board,  also   the 
how  constitut-  Parish  Superintendent,  shall  constitute  a  committee,  and  shall  as 
such  appoint  the  teachers  of  the  common  schools  for  his  parish, 
and  fill  vacancies  in  the  order  of  merit  as   hereinafter  provided. 
At  the  first  meeting  of  the  board  after  the  appointment,  it  shall 
be  noted  in  each  instance  in  the  minutes  of  its  proceedings. 
Report  of     Sec.  29.  Be  it  further  enacted,  etc..  That  it  shall  be  the  duty  of 
school  children  each  Parish  Superintendent,  on  or  before  the  10th  day  of  January 
and  disirici;of  each  year,  to  cause   to  be   placed   in  the  hands  of  the  State 
w'h  o  m"fo  \e  Superintendent  of  Public  Education  a  report  showing  the  num- 
made.  bcr  of  children  between  the  ages  of  6  and  18  years  residing  in  the 

parish,  and  the  whole  number  residing  in  each  district  designated 
by  its  number.  He  shall  take  the  items  of  his  report  from  the 
assessor's  returns  showing  the  said  number  of  children,  but  he 
shall  assure  himself  of  its  correctness,  and  so  attest  before  a 
competent  otficer. 

Sec.  30.  Be  it  further  enacted,  etc..  That  he  shall,  previously  to 
the  fifteenth  day  of  January,  mail  to  the  State  Superintendent  of 
Public  Education  his  ofiicial  report,  showing  in  tables  an  aggre- 
gate of  the  school  districts  in  his  parish  by  number,  the  districts 
in  which  schools  were  taught  and  the  length  of  time  taught,  the 
highest,   the    lowest  and   the   average   number  of    children  at 


PUBLIC   SCHOOLS.  681 

school,  the  cost  of  tuition  of  each  child  for  the  session  and  per  Annual  re- 
month,  number  of  private  schools,  academies  and  colleges  P°J*^^°/jP^^''^^'^ 
tauffht  in   the  parish   and  the   length   of  session  of  same;  the  dent;  when  and 

»  '^  -,  ,       ,         1  to  whom  made; 

number  of  teachers  employed,  male  and  female,  for  the  common  what    it    shall 
schools,  the  average   wages  of   male  teachers,  female  teachers,  p^n^aU^for^aif- 
the  amount  of  money  raised  for  school  purposes  in  the  parish  by  ure  or  neglect 
■'  ,  ..  ,.  ,  1    to  make  the  re- 

local  tax  or  otherwise,  and  for  whose  purpose   it  was  disbursed;  port. 

the  number  and  kind  of  school  houses  and  the  value  of  each, 
the  number  built  during  the  year  preceding  the  report,  the  num- 
ber of  district  libraries  and  the  number  of  volumes  in  each,  and 
the  increase  during  the  year,  the  amount  received  and  expended. 
In  case  of  his  neglect  or  failure  to  make  this  report  in  time,  as 
required,  he  shall  forfeit  the  sum  of  twenty  dollars  of  his  annual 
salary. 

Sec.  31.  Be  it  further  enacted,  etc.,  That  each  Parish  Superin-  Theirrecords 
tendent  shall  keep  a  record  of  all  the  business  transacted  by  him  °raVs Actions"; 
as  Parish  Superintendent,  the  names  and  numbers  and  description  descriptions  of 

.  1      ,,       ■  IT  i        l^         1        school  districts, 

of  school  districts,  and  all  other  papers  and  documents  of  value  and  custody  of 
connected  with  his  office,  at  all   times  subject  to  inspection  and  P^*  p^^^^^^^^  *"*' 
examination  by  any  school  officer  or  other  person  interested  in 
any  question  pertaining  to  the  common  school. 

Sec.  32.  Be  it  further  enacted,  etc.,  That  the  Parish   Superin-     They  may  ad- 

•'  '  '  ^    .    ,    minister  certain 

tendent  may  administer  the  oath  required  of  any  of  the  officials  oaths. 
of  the  common  schools,  or  of  any  person  required  to  make  oath 
in  any  matter  relating  thereto,  except  to  qualify  directors. 

Sec.  33.  Beit  further  enacted,  etc.  That  he  shall  attend   at  his     Reports  of 
office  at  the  parish  seat  on  the  first  Saturdays  of  January,  April  ofhersTwhen 
July  and  October,  in  each  year,  and  at  such  other  times  as  may  and  where  to  be 
be  necessary  for  him  to  receive  the  reports  of  teachers  and  others, 
and  to  transact  the  business  required  of  him. 

teachers'  institute  or  association. 
Sec.  34.  Be  it  further  enacted,  etc..  The  Parish  Superintendent  .  Parish  super- 
may  devote  the  tirst  Saturday  of  each  month  during  the  time  the  hold    institutes 
common  schools  are  in  session   in  each  parish,  to  holding  insti-  tortheimprove- 

"^  '  <^  m  e  n  t   of    tea- 

tutes  for  the  improvement  of  teachers  in  their  qualifications  and  chers. 
methods  of  teaching,  and  for  the  discussion  of  topics  pertaining 
to  the  advancement  of  the  public  school  interest  in  the  parish. 

Sec.  35.  Be  it  farther  enacted,  etc.,  That  the  teachers  shall  be  Attendance  ot 
notitied  of  the  time  and  place  of  the  monthly  institute  meeting.  |.^^ '^^^hers  ob- 
Teachers  failing  to  be  present,  or  to  take  such  part  in  the  exer-  ^' 

cises  as  the  superintendent  may  assign  or  designate,  shall  forfeit 
one  day's  salary  (which  forfeited  salary  shall  be  paid  to  the  in- 
stitute fund),  unless  a  good  and  sufficient  reason  for  such  failure 
to  attend  shall  be  given  in  writing  to  the  Parish  Superintendent 
within  ten  days  thereafter.  No  teacher  shall  be  bound  to  attend 
the  institute  who  to  do  so^  shall  have  to  travel  a  greater  distance 
than  ten  miles  each  way,  and  otherwise  than  by  land. 


oers. 


682  PUBLIC   SCHOOLS. 

Length  of     Sec.  36.  Be  it  further  enacted,  etc..  Three  hours"  work  shall  be 

lesral    sessions,  .,,  ,..,,.  .  ..  ,  „ 

and    forfeiture  required  to  Constitute  a  legal  session  of  one  institute,  and  the  Par- 
an'ce?°"  '^"^"'^^^'^  Superintendent  shall  forfeit  five  dollars  for  each  institute  that 
he  fails  to  conduct  as  required  by  this  act,  unless  physically  un- 
able to  attend,  or  for  other  sufficient  excuse,  to  the  satisfaction  of 
the  School  Board. 
Honorary  and     Sec.  27.  Be  it  further  euacted.  etc.,  These  institutes  may  receive 
of  *'the^^'inst?  ^s  members,  honorary  or  active,  the  members  of  the  board,  all 
*"'^s-  officers,  and  any  citizen  of  good  moral  character  as  may  desire  to 

become  a  member,  subject  to  the  rules  and  regulations,  and  to  the 
payment  of  such  dues  and  fines  as  may  be  imposed  by  a   quorum 
of  the  said  institutes. 
Roll  of  mem-     Sec.  38.  Be  it  further  enacted,  etc.,  That  each  Parish  Superin- 
tendent, upon  the  assembling  of  the  teachers'  institute  of  his 
parish,  shall  cause  a  roll  of  members  to  be  prepared,  which  roll 
shall  be  called  at  least  twice  a  day  during  the  session  of  the  in- 
stitute, and  all  absentees  shall  be  carefully  marked.     He  shall  as- 
certain the  number  of  teachers  who  were  in  attendance,   and 
length  of  time  each  attended,  and  he  shall  keep  a  record  thereof, 
p  a  r  o  c  h  i  al     Sec.  39.  'Be  it  further  enacted,  etc..  That  the  Parish  Superintend- 
stkm^^;1heTreiit,  before  the  beginning  of  the  free  school  term,   shall   appoint 
*^nd*du'f '^^^'°"*  ^°^  ^^  *^^  ^^^^  qualified  teachers  of  his  parish  as  institute  man- 
ager for  each  institute  district,  should  there  be  more  than  one 
institute  in  the  parish :  and  such  appointees  shall  each  be  paid 
for  actual  services  two  dollars  and  a  half  per  day  out  of  the  in- 
stitute fund  as  compensation  for  holding  institutes,  and  for  assist- 
ing the  Superintendent  during  the  session. 
Institute  funds;     Sec.  40.  Be  it  further  enacted,  etc..  That  all  institute  funds  shall 
kept  and*^  ex-  be  collected  and  receipted  for  by  the  superintendent.     He  shall 
pended.  keep  a  record  of  the  amount  received,  hand   them  over  to  the 

treasurer  of  the  School  Board,  who  shall  keep  a  separate  account 
of  these  funds.     He  shall  pay  them  out  on   the  warrant  of  the 
superintendent,  countersigned  by  the  president  of  the    School 
Board.     These  funds  shall  be  .  expended  only  in  the  interest  of 
the  institutes.     The  superintendent,  for  all  services  in  connection 
with  the«e  institutes,  shall  be  paid  three  dollars  a  day  out  of  said 
fund  for  each  day  he  will  cause  the  said  institute  to  hold  under 
his  personal  superintendence,  and  for  each  day's  attendance  as 
provided  for  in  section  thirty -four  (34). 
Institute  pro-     Sec.  41.  Be  it  further  enacted,  etc..  The  foregoing  sections  hav- 
plic°  bie'^t'o  the  ^^S  reference  to  parish  institutes  shall  not  apply  to  the  parish  of 
parish  of   Or-  Orleans,  but  the  School  Board  of  said  parish  may  inaugurate  and 
carry  on  such  institute  in  the  manner  and  with  the  power  and 
authority  set  forth  above. 
Institutes  or-      Sec.  42.  Be  it  further  enacted,  etc..  That  other  institutes  may 
sTa te  ""boardl  ^^  held  when  ordered  by  the  State  Board  of  Education  or  under 
how  held  and  special  lavvs  Ordering  such  institutes  to  be  held.    These  shall 
be  held  at  any  time  ordered  by  authority  between  the  first  day 


PUBLIC  SCHOOLS.  683- 

of  April  and  the  first  day  of  October.  Every  teacher  of  a  com- 
mon school  must  attend  the  sessions  upon  penalty  for  non- 
attendance,  and  if  satisfactory  excuse  has  not  been  rendered  to 
the  Parish  Superintendent  of  forfeiting  two  days'  pay.  Those 
sessions,  i.  p..  those  provided  for  by  this  session,  shall  not  be 
held  during  a  longer  time  than  four  days;  during  which  there 
shall  be  vacation  of  the  common  schools  of  the  parishes,  to  give 
opportunities  to  the  teachers  to  attend,  and  no  reduction  of  the 
teacher's  salary  shall  be  made  during  said  vacation;  provided,  he 
was  in  attendance  the  full  time  of  the  session  of  the  institute. 
These  institutes,  held  under  this  section,  shall,  as  far  as  possible, 
be  held  in  some  town  centrally  located,  and  teachers  from  as 
many  parishes  as  can  conveniently  attend  shall  be  notified  to  at- 
tend. This  notice  they  shall  obey,  under  the  penalty,  if  not 
obeyed,  before  mentioned.  That  at  each  session  of  the  institute 
every  subject  embraced  in  the  common  school  cause  shall  be 
])rought  before  the  institute;  also,  shall  be  considered  the  whole 
work  of  the  teacher,  and  the  common  school  laws  of  the  State 
shall  be  read  and  expounded. 

Sec  43.  Beit  further  eiiacted,  etc.,  That  the  Parish  Superintend- obligatory  re- 
ent.  in  his  annual  report  to  the  State  superintendent,  shall  state     p/"^*^®  .  ^.-^^ 
the  time  and  place  teachers'  institutes  were  held;  the  name   of.  tes. 
the  persons  conducting  the  same;  the  number  of  persons  reg- 
istered as  in  attendance;   the  sums  collected;    the   number   and 
names  of  teachers  of  common  schools  in  the  parish  who  did  not 
attend  the  institute,  and  such  other  information  of  the  proceed- 
ings and  results  of  the  institute  as  he  may  deem  of  value  and  in- 
terest. 

Sec.  44.  Be  it  further  enacted,  etc.,  That  it  shall  be  the  duty  of    ^       .     ,, 

^  .  ^  ^  "^  Examination 

the  Parish  Superintendent  to  conduct  or  superintend  in  person  of  candidates 
the  examination  of  all  persons  offering  themselves  as  candi- JeV°l?erstby 
dates    for    position    of    teachers    of    the     common    schools    of  whom  and  how 

...  ,    .         ...  ,    ,  .       ,  ,.  conducted. 

his  parish  (except  in  cities  and  towns  organizea  as  one  district 
by  special  act  of  the  General  Assembly;  except  also,  when  the 
applicant  holds  a  certificate  entitling  him  to  teach  without 
further  examinations,  as  provided  for  in  this  act),  in  regard  to 
their  moral  character,  learning  and  ability  to  teach.  For  any 
violation  of  this  duty  he  shall  be  liable  to  a  fine  of  not  less  than 
twenty  dollars  nor  more  than  fifty  dollars.  The  School  Board 
of  the  parish  shall  appoint  a  committee  of  two  competent  persons 
to  assist  him  (the  Parish  Superintendent)  in  making  these 
examinations.  The  Superintendent  and  the  committee  must 
agree  as  to  competency  of  the  applicant  before  a  certficate  can 
be  issued.  Whenever  two  or  more  teachers  apply  for  the  same 
position  or  positions,  a  competitive  examination  shall  be  held, 
and  the  position  or  positions  shall  be  given  to  the  most  com- 
petent. 


^84  PUBLIC   SCHOOLS. 


EXAMINATION   FEE. 

Prerequisite     Sec.   45.  Be  it  further  enacted,    etc.,    Before   being    examined 

fee  from  candi-  *^  '  '  => 

dates  lor  ex- each  applicant  for  a  certificate  to  teacii  shall  paj' a  fee  of  one 
amination.        dollar  for  the  parish  Institute  Fund,  which  shall  be  returned  to 
him  if  a  certificate  be  not  issued. 
Duties    and     Sec.  46.  Be  it  further  enacted,  eto..  Before  the  examiners  shall 
amlners  °  a  n'd  Commence   their  examination   of    teachers   they   shall   take    an 
PfJI^J^g^^^J^' oath  that  they  will  faithfully  discharge  theij  duties;  they  shall 
not  give  to   any  person  a  certificate  before   they  will  have   ex- 
amined  the   candidate,  touching  his   or   her   qualifications  and 
fitness  to  teach,  and  who  is  not  qualified  to  teach  as  required  by 
the  common  school  law.     They  shall  be  satisfied  that  the  appli- 
cant is  possessed  of  good  moral   character;    if  at  anytime  the 
teacher  be  found  incompetent,   inefficient  or  unworthy  of  the 
endorsement  given  him,  the  Parish  Superintendent  may  revoke 
the  same  and  notify  the  board  of  his  action  for  its  approval  or 
disapproval.     Any  teacher  may  be  discharged  at  any  time  under 
the  above  provisions,   but  he  shall  be  entitled  to  receive  pay- 
ment for  services  only  up  the  time  of  such  dismissal. 

grades  of  certificates. 

Qualifications     Sec.  47.  Be  it  further  enacted,  etc.,  To   obtain  a  third    grade 

g'rad\'^certifi-  Certificate  the  applicant  must  be  found  competent  to  teach  spell- 

cate.  ing,  reading,  primary  mental  arithmetic,  rudiments  of   practical 

arithmetic  through   fractions  and   simple  interest,   elementary 

geography,  primary  language  lessons  and  laws  of  health. 

Diuoforsec-      Sec.  48.  Be  it  further  enacted,  etc..  To  obtain  a  second  grade 

end  grades.  ./  i  i  o 

certificate  the  applicant  must  be  found  competent  to  teach  arith- 
metic, geography,   English   grammar  and   composition.  United 
States  history,  elements  of  natural   philosophy   and   elements  of 
physiology. 
Ditto  for  high      Sec.  49.  Be  it  farther  enacted,  etc..  To  obtain  a  high  school  or 

grades.  °^  '^'''  ^^^^  grade  certificate,  the  applicant  must  be  found  competent  to 
teach  elocution,  spelling,  grammar,  rhetoric  and  literature,  his- 
tory, botany,  philosophy,  arithmetic,  algebra,  geography  and 
geometry,  and  such  other  studies  of  high  grade  as  local  boards 
may  deem  necessary.  A  special  certificate  of  this  grade  may 
issue  on  a  satisfactory  examination  in  the  study  or  studies  to  be 
taught  in  any  special  academic  department,  which  shall  entitle 
the  holder  to  special  appointment  in  a  department  where  such 
studies  may  be  taught. 
Prerequisite      Sec.  50.  Be  it  further  enacted,  etc..  That  no  person  shall  be  ap- 

Hcense.  *"""  pointed  to  tcach  who  has  not  obtained  a  license  for  the  scholastic 
year  in  which  the  school  is  to  be  taught,  and  of  a  grade  suftici- 
ently  high  to  meet  the  requirements  of  the  school,  or  unless  he 
or  she  holds  a  certificate  provided  for  by  this  act  which  exempts 
him   or  her  from    examination;    provided,   that    all    teachers 


PUBLIC   SCHOOLS.  685 

who    have     been     teachino-    three     years     are     exempt    from    Exception  as 

"  *  to  examination 

further  examination.  .     for    all    three 

Sec.  51.  Be  it  further  enacted,  etc.,  That  it  shall  be  the  duty  of  y«^^«' t^^*^*^^''*- 

each  teacher  of  a  common  school  to  keep  such  a  register  of  the  ^  School  regis" 

'^  '^  ter  and  month- 

school  as  the  Parish  Superintendent  may  require,  and  prior  to  ly  reports  from 
receiving  his  or  her  monthly  salary  at  the  end  of  each  month,  he  oMigatory^'^''^'^ 
or  she  shall  make  a  report  of  the  entire  number  of  pupils  enrolled, 
the  highest,  lowest  and  average  number  of  pupils  in  attendance 
during  the  session;  the  books  used,  branches  taught,  number  of 
pay  pupils,  if  any  and  such  other  information  as  the  Parish  Su- 
perintendent, may  deem  important,  and  shall  furnish  a  copy  of 
such  report  to  the  Parish  Superintendent,  and  if  he  or  she  wil- 
fully neglect  or  fail  to  do  this,  the  Parish  Superintendent  shall 
withhold  two  dollars  ($2)  of  his  salary  due.  for  the  benefit  of  the 
parish  institute. 

Sec.  52.  Be  it  further  enacted,  etc..  That  the  teachers  shall  Accountability 
faithfully  enforce  in  school  the  course  of  study  and  the  regula-  °'  pupils  to 
tions  prescribed  in  pursuance  of  law,  and  if  any  teacher  shall 
wilfully  refuse  or  neglect  to  comply  with  such  requisitions  the 
Parish  Superintendent,  on  petition  or  complaint  which  shall  be 
deemed  sulticient  by  the  board,  may  remove  or  dismiss  him  or 
her.  Every  teacher  shall  have  the  power  and  authority  to  hold 
every  pupil  to  a  strict  accountabilitj"^  in  school  for  any  disorderly 
conduct  on  the  play-grounds  of  the  school  or  during  intermis- 
sion or  recess,  and  to  suspend  from  school  any  pupil  for  good 
cause;  provided,  however,  that  such  suspension  shall  be  re- 
ported in  writing  as  soon  as  practicable  to  the  Parish  Superin- 
tendent, whose  decision  of  the  case  shall  be  final;  and,  provided 
further,  that  in  the  parish  of  Orleans  the  principals  of  schools 
shall  suspend  and  report  same  to  the  Superintendent  for  approval 
or  further  action. 


Sec.  53.  Beit  further  enacted.,  etc.,  That  the  State  Superintend-  Quarterly  ap 
ent  of  Public  Education  shall  quarterly,  on  the  first  Monday  in  ponionment  of 
March,  June,  September  and  December,  in  each  year,  apportion 
the  funds  appropriated  by  the  General  Assembly  for  the  support 
of  the  common  schools  of  the  State,  among  the  seven  parishes  of 
the  State,  according  to  the  number  of  children  between  the  ages 
of  six  and  eighteen  years  in  each  parish ;  provided,  however, 
that  all  the  poll  tax  collected  in  any  parish  shall  be  appropriated 
to  said  parish.  The  amount  so  apportioned  shall  be  paid  by  the 
State  Treasurer  to  the  school   treasurer  of  each  parish  upon  the  ' 

warrant  of  the  State  Superintendent  of  Public  Education. 

Sec  54.  Be  it  further  enacted,  etc..  That  the  police  jurors  of  the 
several  parishes,  and  the  Board  of  Trustees,  Aldermen  and  legal  ^^jB^jJ^g°"f 
representatives  of  cities,  towns  and  villages    (except   the  parish  Tru  stees. 
of  Orleans),  may  levy  for  the  support  of  the  common  schools  of  legaV  R^epre- 


686  PUBLIC  SCHOOLS. 

sentatives  o  t  their  respective  parisJies  not  less  than  one  and  a  half  mills  of  the 
and'  villages  ten  mills  tax  on  the  dollar  of  the  assessed  valuation  of  the  prop- 
isW^Orleans^)  ^^^y  thereof.     This  shall  J)e  provided  for  in  their  annual  budgets, 
to  lew  one  and  On  the  refusal  or  neglect  to  levy  said  tax  or  to  vote  for  such  levy, 
school  purposes  the  Parish  School  Board  shall  have  the  right,  and  it  shall  be  its 
budgets  *""^^'  duty,  to  compel  by  mandamus,  which  may  be  tried  in  chambers  or 
c  o  mpaisory  in  opcu  court,   the   levy   of   said   tax    to   be   collected  as    in 
c  a^"e^  o°Mheir  case    of    parish    and    corporation    taxes,    and    shall  be    paid 
failure    or  re-  ^q      ^hc  school   treasury   of    the    parish    or   town    where   col- 
lected, monthly,  by  the  tax  collector;   provided,  towns  not  ex- 
empted under  their  charters  from  the   payment  of  parish  taxes, 
and  subjected  to  the  burden  of  taxation  as  the  parishes  are,  shall 
not  pay  this  tax,  for  same  is   included  in  the  taxes   imposed  by 
the  parish  in  which  the  town  is  situated. 
Finesandfor-      Sec.  55.  Be  it  further  enacted,  etc.,  That  all   tines  imposed  by 
a^ppiicable  to  the  several  district  courts  for  violation  of  law  and  the  amount 
the  support  ot  collected  on  all  forfeited  bonds  in  criminal  cases,  after  deducting 

common  '  "^ 

schools.  commissions,  shall  be  paid  over  by  the  sheriff  of  the  parish  in 

which  the  same  are  imposed  and  collected  to  the  treasurers  of 
the  School  Boards  in  said  parishes,  and  shall  be  applied  to  the      j 
support  of  the  common  schools,  as  are  applied  the  other  funds     \ 
levied  for  the  purpose,  the  parish  of  Orleans  excepted. 

SCHOOL   TREASURER. 

The   parish     Sec.  56.  Be  it  further  enacted,  etc.,  That  the  parish  treasurer  in 
s'^c  h^o"'  Trea^  every  parish  (the  parish  of  Orleans  excepted)  shall  be  and  is  con- 
surer,  stituted  the  treasurer  of  all  school  funds  apportioned  by  the  State 
to  such  parish,  or   raised,  collected   or   donated  therein  for  the 
support  of  the  free  public  schools;   he  shall  receive  and  receipt 
for  all  such  funds  to  the  treasurer  of  the  State,  and  to  the  col- 
lector of  parish  taxes. 
His  bond  as     Sec.  57.  Be  it  further  enacted,  etc.,  That  immediately  upon  the 
gations  and  re-  passage  of  this  act  and   thereafter  before   he  enters  upon   the 
gistry.               duties  of  his  office  the  Parish  Treasurer  of  each  parish  who  shall 
be  elected  after  the  passage  of  this  act,  shall,  in  addition  to  the 
bond   required  by  existing  law,  execute  a  bond  in  favor  of  the 
Governor  of  the  State,  with  good  and  solvent  security,  in  a  sum 
equal  to  the   amount  annually  apportioned  to   the  parish ;    the 
sureties  on  said  bond  shall  be  residents  of  the  parish  and  shall 
own  therein  real  estate  worth  over  and  above  all  encumbrance 
the  amount  of  their  obligations  thereon;  said  bond  must  be  ac- 
cepted by  the  president  of  the  Board  of  Directors  and  the  Clerk  of 
the  District  Court,  who  shall  record  the  same  in  the  mortgage  book 
of  the  parish,  and  shall  forward  to  the   State  Superintendent  of 
Education  and  to  the  State  Treasurer  a  copy  of  said  bond  with  a 
certificate  of  its  acceptance  and  registry  endorsed  thereon. 

Sec.  58.  Be  it  further  enacted,  etc..   That  said  Treasurer,  im- 
mediately upon  the  acceptance  of  his  bond,  shall  demand  of  hi 


PUBLIC  SCHOOLS.  687 

predecessor  in  the  otHce  of  the  Treasurer  of  the  school  funds  the 
custody  of  all  hooks  and  papers,  and  of  all  balances  of  school 
money  in  his  hands  as  custodian  of  the  school  funds  of  the  parish. 

Sec.  59.  Be  it  further  enacted,   etc.,  That  said  Treasurer  shall    The  transfer 
pay  out  the  school  funds  entrusted  to  his  charge  only  on  warrants  °  ^'^  ooxixxn  s. 
drawn  by   the    president    and   countersigned   by  the   secretary 
of  the  Parish  School  Board,  and  shall  state  against  what  school 
district  fund  it  was  drawn,  which  warrants  shall  be  drawn  by 
these  otticers  only  in  virtue  of   appropriations  regularly  made  ^^^,°^^^*^^?°' 
by  the  Parish  Board ;  the  Parish  Board  shall  make  annually  an  bursabie. 
estimated  of  the  amount  of   revenue  for  the  year,  appropriating 
the  same  as  above  required,   and  no  warrant  beyond  the  amount 
estimated  shall  be  drawn  for  any  year.     These  warrants  shall  be 
numbered   and  shall  specify  on  their  face  to  whom  and  for  what 
they  are  given,   and  the  date   of  the   appropriation  made  by  the 
School  Board ;  the  Treasurer  shall  pay  these  warrants  only  to  the 
extent  of  the  amount  to  the  credit  on  his  books  and  in  the  order  mate"  of  reve- 
in   which  they   are   presented,  of  school  districts,  in  behalf  of  ""^®" 
which  the  warants  shall  have  been  drawn,  and  said  warrants  shall 
be  tiled  in  his  office  as  vouchers,  and  with  the  account  book  kept 
by  him  as  Treasurer  of  the  school  fund  shall  alwavs  be  subject  to 
examination  by  any  one  who  choses  to  examine  them. 

Sec.  60.     Beit  further  enacted,  etc.,  That  the  compensation  of  Compensation 
the  treasurer  shall  be  a  sum  to  be  fixed  by  the  State  Board  of    surer.^  '^^^ 
Education,   for  each  parish,  according  to  its  territorial  area  and 
the  amount  of  funds  to  be  disbursed;  but  in  no  case  shall  it  exceed 
two   and  a  half  per  cent,  on   the  amount   disbursed  by  him  as 
shown  by  his  vouchers. 

Sec.  61.  Beit  f^trther  enacted,  etc..  That  it  shall  be  the  duty  Annual  ac- 
of  the  treasurer  to  furnish  to  the  Parish  Board  accounts  of  his  celpts*  a*iid  'dfs- 
receipts  and  disbursements  as   often  as   required  by  them,  andb"''^e'"e?ts; 

•  ^  .  7  when    required 

before  the  10th  day  of  January,  annually,  he  shall  forward  to  and  how  made, 
the  State  Superintendent  of  Public  Education,  in  such  form  as 
he  shall  prescribe,,  a  full  report  of  his  receipts  and  disburse- 
ments for  the  year,  and  of  the  balance  on  hand  to  the  credit  of 
each  ward  or  school  district,  and  the  indebtedness  outstanding 
on  the  first  day  of  January ;  provided,  the  foregoing  sections  do 
not  apply  to  the  treasurer  of  the  board  for  the  parish  of  Orleans. 

CITY    SCHOOLS. 

Sec.  62.  Be  it  further  enacted,  etc.,  That  all  public  schools  of  g^j^  .  ,  , 
the  parish  of  Orleans  and  the  property  and  appurtenances  there-  of  directors  ot 
of  shall  be  under  the  direction  and  control  of  a  Board  of  Directors.  Orleans;' h  ow 
Said  board  shall  consist  of  twenty  members,  eight  of  whom '^°  "^*''"'^''j 
shall  be  appointed  by  the  Governor,  by  and  with  the  consent  and  division  of  the' 
approval  of  the  State  Board  of  Education,  and  twelve  members  da^el"  ac"an° 
thereof  shall   be   elected   by  the   City  Council   of  New  Orleans.  <='«s;''°^^^'''* 


688  PUBLIC  SCHOOLS. 

The  members  of  said  board  shall  hold  office  during  four  years 
after  their  appointment  and  election,  except  as  hereinafter  pro- 
vided, and  until  their  successors  are  appointed  or  elected  and 
qualified.  On  the  first  organization  of  said  board  by  the  mem- 
bers thereof,  who  shall  be  appointed  and  elected  on  the  passage 
hereof,  and  in  the  manner  aforesaid,  the  members  shall  be  divided 
into  four  classes,  by  such  method  as  they  may  choose,  each  class 
to  consist  of  three  members  elected  by  the  City  Council,  and  two 
members  appointed  by  the  Governor,  by  and  with  the  consent 
and  approval  of  the  State  Board  of  Education,  whose  terms  shall 
expire  respectively  in  one,  two,  three  and  four  years,  and  whose 
successors  shall  be  elected  and  appointed  for  four  years,  and  in 
the  manner  set  forth  above :  so  that  one-fourth  of  the  member- 
ship of  said  board  shall  expire  and  be  elected  and  appointed 
annually.  •  Vacancies  in  membership  shall  be  filled  by  the  ap- 
pointive or  elective  power,  as  herein  provided. 
Said  board;  Sec.  63.  Be  it  further  enacted,  etc.,  That  the  said  Board  of 
gan"il°ed^  °tg  Directors  of  the  public  schools  of  the  parish  of  Orleans  shall  be 
duties  anda    body  Corporate   in  law,    with    power    to    sue  and    be    sued. 

powers  and  its-^,  ,  ,     ,,  .  ,  , 

attorney.  Eleven  members  shall   constitute  a   quorum  for  the  transaction 

of  business.  Legal  process  shall  be  served  on  the  president; 
in  his  absence  or  inability  to  act,  on  the  vice  president.  The 
City  Attorney  shall  act  as  attorney  for  the  board.  The  board 
shall  be  organi/^ed  within  ten  days  after  its  appointment,  with  a 
president  and  vice  president  chosen  from  among  its  members, 
and  a  secretary,  who  shall  not  be  a  member  of  the  board.  The 
salary  of  the  secretary  shall  not  exceed  the  sum  of  eighteen 
Salary    a  n  d  hundred   dollars  ($1800)  pesr  annum.     In  addition  to  the  duties 

duties  oft  he  ^  -^ 

secretary.  of  his  otflce,  which   may  be  duly  prescribed  by  the  board,  he 

shall  make  a  quarterly  report  to  the  State  Superintendent  of 
Education  of  the  cost  of  maintaining  the  city  schools,  and  shall 
keep  the  accounts  of  said  board  in  such  manner  as  to  be  in 
strict  accordance  with  such  budget  as  they  may  adopt,  certify- 
ing to  said  board  at  each  monthly  meeting  the  expenses  of  said 
board  of  each  current  month.  Said  board  shall  have  control  of 
all  buildings,  records,  papers,  furniture  and  property  of  anj^ 
kind  pertaining  to  the  administration  of  the  schools  and  shall 
have  the  management  of  all  the  public  schools  within  the  limits 
Limitation  of  of  the  city  of  Ncw  Orleans.     The  expenses  of  said  board  for  its 

expenses  as  to  stationery  and  other  purposes  shall  not  exceed  twelve  hundred 
dollars  per  annum,  this  limitation  not  to  apply  to  the  schools  or 
teachers,  but  simply  to  the  expenses  of  the  board.  The  salary 
of  the  secretary  shall  be  paid  in  the  same  manner  as  hereinafter 
provided  for  the  payment  of  the  salary  of  the  Superintendent. 
Additional     Sec.  64.  Be  it  further  enacted,  etc..  That  in  addition  to  the  pow- 

powers    of  the  ers  and  duties  hereinbefore  granted  to  and  imposed  upon  Parish 

tors  ot  the  par-  Boards,  the  powers  and  duties  of  said  Board  of  Directors  of  the 

ish  of  Orleans,  parish  of  Orleans  shall  be  as  follows : 


PUBLIC  SCHOOLS.  689 

First.  It  shall  adjust  and  fix  equitably  the  salaries  of  teachers  The  adjust - 
and  porters  or  portresses  employed  in  the  schools,  and  of  the  sec-  ^f"  ^  r°i^e  s'^of 
retary  and  employees  and  of  such  assistant  superintendents  as  it  teachers,  por- 
may  deem  necessary  for  the  etticient   supervision  of  the  schools,  tresses. 

Second.  It  shall  limit  the  annual  expenses  of   maintaining  the     Limitation  of 
schools   to  the   annual  revenue,  and   the   expense   for  any   one  annual   and 
month  shall  not  exceed  the  one-ninth  part  of  the  whole   amount  ^enditures'^ 
provided  for  the  schools. 

Third,  [t  shall  prescribe  rules  for  subjecting  teachers,  or  can-  Rules  for 
didates  for  teacherships,  to  a  careful  competitive  examination  on  arnhfations^  ^^ 
all  such  branches  as  they  are  expected  to  teach,  and  no  person 
shall  be  elected  to  a  position  as  teacher  without  a  favorable  re- 
port on  his  or  her  moral  and  mental  qualifications  by  an  organ- 
ized committee  of  examiners  appointed  by  the  board.  Teachers 
regularly  examined  and  elected  shall  not  be  removed  from  the 
schools  during  the  time  for  which  employed,  except  on  written 
charges  of  immorality,  neglect  of  duty,  incompetency  or  malfeas- 
ance, of  vvhicli  he  or  she  shall  have  been  found  guilty  by  a  ma- 
jority of  the  members  of  the  board  at  a  regular  monthly  meet- 
ing. The  said  board  may  except  from  such  examination 
any  person  who  has  passed  a  satisfactory  examination,  as  re- 
(luired  by  Act  No.  23  of  eighteen  hundred  and  seventy-seven, 
approved  March  twenty-sixth  (28th),  eighteen  hundred  and 
seventy-seven  (1877),  and  who  holds  a  certificate  of  qualification, 
and  who  has  had  two  years  or  more  experience  as  a  teacher,  so 
that  the  calling  of  a  teacher  shall  be  elevated  to  a  profession,  and 
that  a  system  of  life  certificates  shall  be  issued  to  all  such  teach- 
ers in  the  city  of  New  Orleans  by  the  Board  of  Directors  of  city 
schools;  any  person  who  is  a  graduate  of  a  Htate  normal  school, 
or  of  any  college  or  university  duly  authorized  to  confer  degrees, 
certificates  of  qualifications  shall  be  given  to  all  persons  who  suc- 
cessfully pass  such  examination. 

Fourth.  It  shall  elect  all  teachers  from  among  the  candidates  Election  of 
holding  certificates  in  the  order  of   their  merit,  as  shown  bv  such  teachers  from 

^  "  among     cancli- 

examination,  including  graduates  of  normal  schools,  as  shown  by  dates  holding 
the  averages  attained  at  their  final  examinations,  or  from  amonggra  duates  of 
persons  excepted  from  examination  as  hereinbefore  provided.  normal  schools. 
Fifth.  All  certificates  to  teachers  granted  hereafter  shall  stand  certificates  to 
good  for  three  years ;  upon  a  second  examination  at  the  end  of  three  teachers    good 

°  ,7  1     J'  for  three  or  five 

years  certificates  of  a  higher  grade  shall  be  given,  to  be  good  for  years, 
five  years,  if  the  applicant  is  found  competent   to  teach  a  higher 
grade  school  than  the  one  for  which  the  first  certificate  issued. 

Sixth.     It  shall  hold  regular  monthly  meetings  on  a  dav  fixed 
by  it. 

Seventh.  It  shall  declare  vacant   the   position   of  any   of  its     Regular 
members  who  shall  have  failed  to   perform  the  duties  assigned  mo"'hiy  meet- 
to  him,  or   have  absented  himself  from  two  successive  montlily  *"^' 
meetings  of  the  board  without  leave,  or  have  been  guilty  of  any 


<390  PUBLIC  SCHOOLS. 

Vacating  seats  breach  of  decoruuj  or  of  any  other  act  inconsistent  with  the  dig- 

of    members     .,,,,.  ,  ° 

of  board  fo  r  nity  of  a  school  director;  and  it  shall  report  each  vacancy  to  the 
fw  o^succe^^  ^^^y  ^y  which  the  delinquent  member  shall  have  been  previ- 
sive  meetings  oiisly  elected  or  appointed :  it  shall  be  the  dutv  of  the  Board  of 

and  for  other  ,^.        ^  ^     .,,,-,         , 

causes.  Directors  of  City  schools  elected  and  appointed  under  the  provi- 

sions of  this  act  to  examine  and  scrutinize  personally  the  accounts 
of  their  predecessors  in  order  to  find  out  if  their  administration 
of  the  school  funds,  committed  to  their  charge  for  disbursement, 
has  been  in  accordance  with  law,  so  that  in  the  future  a  proper 
administration  of  the  city  schools  may  be  had. 

Theestabiish-     Eighth.  It  ma /  establish,  when  practicable,  evening:  or  night 

mentcfevening       ,         ,      ^          ,       .  . 

and     n  ightschools  for  the  instruction  of  such  youths  as  are   prevented   by 
schools.  their  daily  vocations  from  receiving  instructions  during  the  day. 

Theestabiish-  Xinth.  It  may  establish,  when  deemed  advisable,  one  or  more 
m  o"re*  normal '^^'"™*'  ^chools  Or  departments  for  the  professional  training  and 
school^,  and  improvement  of  candidates  for   teacherships,  including  in  the 

the   graduation 

of  their  pupils,  course  of  instruction  and  training  lectures  in  the  natural 
sciences,  and  on  the  method  of  teaching  and  disciplining  children 
and  the  practical  exercise  of  non-teaching  students  in  model 
classes,  organized  for  that  purpose  by  the  faculty  of  the  institu- 
tion. To  graduates  of  these  normal  schools  or  departments,  and 
also  to  proficient  students  in  other  city  schools  of  an  academic 
grade,  the  board  may,  in  its  discretion,  award  diplomas; 
and  the  graduates  of  the  normal  schools  or  depart- 
ments who  shall  have  been  examined  and  found  proticient  in  all 
the  branches  recjuired  to  be  taught  in  the  public  grammar 
schools  may  be  deemed  preferred  candidates  for  vacant  posi- 
tions in  the  city  public  schools,  and  the  diplomas  awarded  to 
such  graduates  shall  be  deemed  equivalent  to  teaching  certiti- 
cates  of  the  highest  grade  for  common  schools;  provided,  that 
the- final  examination  for  graduation  from  said  normal  schools, 
and  upon  which  diplomas  may  be  awarded,  shall  be  conducted 
in  the  same  manner  and  include  the  same  subjects  as  the  public 
competitive  examinations  required  by  paragraph  three  (3)  of  this 
section. 
No  compen-      Sec.  65.  Be  it  further  enacted,  etc..  That  no  school  director  of 

sation  allow- the   city   of  Xew   Orleans   shall    receive   compensation  for  his 

able  to  New  Or-  .      *^  ,        ,    ■,. 

leans  school  scrviccs  as  a  school  director. 

■directors.  gj,^^,   y(.    ^g   ,^  further    enacted,    etc..     That  the   said  board  is 

de^"t^o"Varish  authorized  to  appoint  for  the  constant  supervision  and  periodical 
of  Orleans;  his  examination  of  the  public  schools  of  the  parish  of  Orleans  a 
^u^iesan  pow-  ^.Q,jjpgj.gQ(-  ^^^  experienced  educator  to  be  designated  as  Super- 
intendent. He  shall  aid  the  directors  in  organizing  the  schools 
and  in  improving  the  methods  of  instruction  therein,  in 
examining  candidates  for  teacherships,  and  in  conducting  peri- 
odical examinations  of  pupils  for  promotion  through  the  re- 
spective grades  of  the  schools,  and  in  maintaining  general  uni- 
formity and  discipline  in   the   management  of  all  the   schools. 


PUBLIC  SCHOOLS.  G91 

He  shall  make  semi-annual  reports  on  the  condition  and  needs  of  His  salarv  and 

.-■•-.-.  >  ,     ,.          term  of  office. 

the  schools,  to  the  said  board,  and  an  annual  report,  on  or  before 
the  tirst  of  January,  to  the  State  Board  of  Education,  as  herein- 
before recjuired;  and,  whenever  notified  to  be  present,  he  shall 
attend  meetings  of  the  State  Board  of  Education.  The  Superin- 
tendent shall  receive  an  annual  salary  of  two  thousand  dollars, 
payable  in  equal  monthly  instalments,  paj-able  on  the  roll  of  the 
Board  of  Directors  of  City  Schools  in  the  same  manner  and 
at  the  same  time  that  the  employees  and  expenses  of  said  Board 
of  Directors  are  paid.  He  shall  hold  his  office  for  the  term  of 
four  years,  subject  to  removal  by  the  board  for  neglect  of  duty 
or  malfeasance,  of  which,  after  an  impartial  hearing  by  the  board, 
he  shall  have  been  adjudged  guilty.  He  shall  be  ex  officio  a  mem- 
ber of  said  board  and  entitled  to  participate  in  its  deliberations 
and  debates,  and  in  the  examinations  of  candidates  for  teacher- 
ships,  but  he  shall  not  east  a  vote  in  the  board. 

Sec.  (j7.  Be  it  further  euacted.  etc..  That  the  Treasurer  of  New   The  Treasurer 
Orleans  shall  ex  officio  be  the  treasurer  of  said  board,  and  shall  ^I^w!^;^'^'^*,."/ 

■'•  '  ex-o  mcio  trt  as- 

receive  all  funds   apportioned  by  the   State  to  such  city,  or  re- u  r  e  r  of  the 
ceived  or  collected  for  the  support  of  the  free   public   schools  a  iTd  '  fi^lin"g 
from  any  and  all  sources.    He  shall  give  bond  with  good  and  solvent  '^hereof. 
security  in  the  sum  of  ten  thousand  dollars  ($10,000),  in  favor  of 
the   president  of  said   board  and  his  successors  in   office,   to  be 
accepted  and  approved  by  said  board  and  recorded  in  the  Mort- 
gage Office  of  the  parish,  and  which  bond  shall  then  be  tiled  and 
kept  on  record  in  the  office  of  the  said  board.     The  tiling  of  said 
bond  and  taking  and  tiling  the  usual  oath  of  office  before  any  offi- 
cer authorized  to  administer  the  same  shall  (pialify  the  treasurer 
to  act. 

Sec,  68.  lie   it  furtlwr  enacted  etc.  That  said   treasurer  shall     j^jg  tg^m   of 
hold  his  office  for  four  years,  or  during  his  term  of  office  as  City  office;  removal, 

■,      ^  -,  .    ,         1  .  .         .      and  election  ot 

Ireasurer.  unless  sooner  removed  after  due  trial  and  hearing  by  a  successor; 
the  said  board,  for  neglect  of  duty  or  malfeasance  in  office ;  and  in  ^'^''^'y- 
case  of  removal  by  the  board,  it  shall  elect  a  treasurer  who  shall 
not  be  a  member.  He  shall  receive  the  sum  of  six  hundred  dol- 
lars per  annum  for  the  trouble  and  expenses  which  may  be  in- 
curred by  liim  in  the  discharge  of  the  duties  imposed  under  this  act, 
payable  monthly  on  his  own  warrant,  as  hereinbefore  provided 
for  the  payment  of  the  Superintendent's  salary.  He  shall  keep 
his  otHce  open  at  all  such  times  as  may  be  prescribed  by  said  board, 
for  the  payment  of  payrolls  or  checks  in  favor  of  teachers  and 
other  employees  of  the  board. 

Sec.  69.  Beit  further  enacted,  etc.  That   the  Mayor,   Treasurer^      «-  . 

•'  J       1  Ex-ofticiomem- 

and   Comptroller   of   the  city  of   New   Orleans  shall  be   ex  offiriob  ers  d    city 
members  of  the  said  board  and  entitled  to  take  part  in  all  the  de-  **'^°°'  ^°^''^' 
bates  and  deliberations  in  the  said  board  on  the  ways  and  means 
for  maintaining  the  public  schools  of  said  parish,  but   they  shall 
not  have  the  right  to  vote. 


692  PUBLIC  SCHOOLS. 

Annual  report      Sec.  70.  Be  it  further   enacted,  etc..  That    in    addition   to   the 
whe^n  and'^to  <^"^^®*^'"P^^^*^  "P^^  ^o^**<^®*^*  school  directors.it   shall   be   the 
w  ho  m   made,  duty  of  Said  board  for  the   parish   of   Orleans  to   present  to  the 
shall  embrace.  Common  Council,  of  the  city  of  Xew  Orleans,  on  the  first  day  of 
December  of  each  year,  a  full  report  of  the  condition  of   the  city 
schools,  showing  the  number  of   teachers   and  other  employees 
and  their  salaries;  the   number  and   location  of   school   houses, 
with  the  condition  thereof,  and  the  estimated  cost  of  keeping  all 
appurtenant  grounds  in  good  repair  during   the   ensuing  year; 
also     a     detailed     exhibit      of      all     receipts      and      expendi- 
tures of  the   board  of  the   schools   during  the   previous  twelve 
months;  said  report  shall  be  accompanied  with  a  statement  cer- 
tified by  the  ofticers  of  the  board   of  the  average   daily  attend- 
ance of   pupils   during  the  annual  session,  and  the  average  ex- 
pense per  capita  of  their  instruction. 
What  City     Sec.  71.  Be  it  further  enacted,  etc..  That  it  shall  be  the  duty  of 
Council  of  the  j.j^g  Common  Council  of  the  citv  of  Xew   Orleans,  in  making  up 

city  or  New  Or-  ~  o       i 

leans  shall  in-  their  budget  of  annual  expenses,  to  include  therein  the  amount 
support  "of  the  neccssar}-  to  meet  the  expenses  of  the  schools,  as  shown  by  the 
schools  inniak  statement  of  the  actual  attendance  and  cost  of  instruction  required 

I  n  g    up     their  ' 

buderet  of  an-  by  the  preceding  section,   with   such   additional   allowance  for 
nua    expenses.  pj.Q|jjjJ3ig  increased  attendance  and  contingent  expenses  as   may 
seem  just  and  reasonable  to  the  City  Council,  and  to  keep  in  good 
repair  all  school   houses  and   school   grounds  belonging  to  the 
city;  provided,  that  the   sum   appropriated,  with   the   probable 
receipts  from  the  State  school  fund  and  poll  tax.  shall  not  exceed 
the  aggregate  amount  required  for  the  maintenance  of  the  schools 
during  the  year,  and  for  the  keeping  in  good  repair  of  all  school 
houses   and  school   grounds  belonging  to  the  city,  as  shown  by 
the  statement  of  the  School  Board;  and  provided  further,  that  the 
amount  to  be  appropriated  by  said   city  shall  not  be   less   than 
the     sum     of    two     hundred     and     fifty    thousand     dollars; 
of  said    amount    so    to  be    appropriated    by    said   City  Coun- 
cil not  less  than  the   sum   of    one   hundred    and    seventy-five 
thousand    dollars    shall    be    provided    for    in    the   aanual   city 
budget  of  expenditures,  and  the  balance  out  of  the   reserve  fund 
of  20  per  cent.,  constituted  by  section  66  of  Act  Xo.  20.  approved 
June  23.  1882.  and  by  Act  Xo.  109  of   1886,  and  said  balance  is 
hereby  constituted  a  first  lien  and  claim  against  said  reserve  fund. 
Provisions  for  and  shall  be  paid  out  of  the  first  collection  made  on   account  of 
cUims"of  Tsso^,  the  same  and  by  preference  over  all  claims  whatsoever:  provided 
iSSi,  iSSz   and  further,  that  out  of  the  amount  so  appropriated   by  said  city  said 
*'  Board  of  Directors  shall  in  the  year  eighteen  hundred  and  eighty- 

nine  (1889),  and  annually  for  five  years  thereafter,  appropriate  a 
sum  sutticient  to  extinguish  at  least  one-sixth  of  the  unpaid 
claims  against  said  board  for  the  years  1880.  1881.  1882  and  1884. 
so  that  said  claims  shall  be  entirely  paid  by  the  beginning  of  the 
vear  1895.     The  Board  of  Directors  for  the  parish  of   Orleans  are 


PUBLIC  SCHOOLS.  693 

hereby  authorized  to  enforce  the  provisions  of  this  section  by  the 
application  to  a  court  of  competent  jurisdiction,  by  a  writ  of 
mandamus  or  other  effective  remedy. 

Sec.  72.  Be   it  fitrther  enacted,  etc.,  That  for   the  purpose   of  Provisions  for 
affording  proper  evidence   of  said   claims  aforesaid  (and  for  no  ^f  °^^j'j'g^PJ°P  j 
other  purpose  whatsoever),  said  board  shall  issue   certiflcates  of  claims, 
indebtedness  to  an   amount  equal   to   the  total   amount  of   said 
claims  and  maturing  in  six  equal  instalments  on   the  tlrst  day  of 
January,  1890,  1«91,  1892.  1893,  1894  and  1895. 

Sec.  I'd.  Beit  further  enacted,  etc.,  That  the  di&erent  Boards  of  Limitations 
Directors  shall  not  be  empowered  to  make  contracts  or  debts  for  and  deMs.^'^*'^'^ 
any  one  year  greater  than  the  amount  of  revenue  provided  for 
according  to  this  act.  it  being  the  intent  hereof  that  parties  con- 
tracting with  said  board  shall  take  heed  that  due  revenue  shall 
have  been  provided  to  satisfy  the  claim,  otherwise  they  may 
lose  and  forfeit  the  same,  and  no  action  or  execution  shall  be 
allowed  in  aid  thereof,  and  that  the  board  shall  not  exceed  their 
powers  in  incurring  the  debt. 

Sec.  74.  Be  it  further  enacted,  f-^c.  That  this  act  shall  go  into  Restraining 
effect  from  and  after  its  passage,  and  nothing  in  this  act  shall  be  clauses!''^*  '"^ 
so  construed  as  to  vacate  the  office  of  any  teacher  until  the  expira- 
tion of  the  term  for  which  he  or  she  shall  have  been  appointed 
under  existing  laws,  nor  as  requiring  such  persons  now  teaching 
in  the  public  schools  of  the  city  of  New^  Orleans  to  qualify  in  ac- 
cordance with  this  act  or  to  pass  such  examinations  as  are  other- 
wise demanded  by  paragraph  Ave  of  section  64,  and  that  all  laws 
in  conflict  with  the  provisions  of  this  act  be  and  the  same  are 
hereby  repealed,  except  acts  passed  at  the  present  session  of  the 
(ieneral  Assembly. 

Act  78  ok  1894. 

To  amend  and  re-enact  Section  14  of  Act  No.  81  of  the  Session  of 
18S8,  app-roved  July  12,  1888. 

Section  1 .  Be  it  enacted  Inj  the  General  Assembly  of  the  State  of 
Louisiana.,  That  section  14  of  the  Act  Xo.  81  of  the  General  As- 
sembly of  1888,  approved  July  12,  1888,  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

Sec.  14.  Be  it  further  enacted  etc..  That  the  branches  of  ortho- 
graphy, reading,  writing,  arithmetic,  geography,  grammar. 
United  States  History,  Laws  of  Health  and  Physical  Education 
shall  be  taught  in  every  district. 

In   addition   to   those,  such  branches   as   the  State  Board   of    Branches  of 
Education  and  Parish  School  Board  may  require;  provided,  that  t  a"u  p'°h  t°  in 
these  elementary  branches   may   be   also  taught  in  the  French  ^\n"*^ari' he"'" 
language  in  those  parishes  in  the  State  or  localities  in  said  par- 
ishes where  the  French  language  predominates  if  no  additional 
expense  be  incurred. 

Sec.  2.  Be  it  further  ordered.  That  all  laws  or  parts  of  laws  in 
<'onflict  herewith  be  and  the  same  are  hereby  repealed. 


694  PUBLIC  SCHOOLS. 


Act  158  of  1894. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana.  That  section  63  of  Act  81,  of  the  General  Assembly 
of  1888,  approved  July  12,  1888,  be  so  amended  as  to  read  as  fol- 
lows : 

Board  of  Di-     -pjjj^j  gjjid  Board  of  Directors  of  the  Public  Schools  of  the  par- 
rectors  of  Pub-  ^ 
lie  Schools  forish  of  Orleans,  shall  be  a  body  corporate  in  law,   with  power  to 

gan\zadon',  etc.  ^"^  ^"^^  '^^  sued.  Eleven  members  shall  constitute  a  quorum  for 
the  transaction  of  business.  Legal  process  shall  be  served  on 
the  president;  in  his  absence  or  inability  to  act,  on  the  vice  presi- 
dent. The  City  Attorney  shall  act  as  attorney  for  the  board.  The 
board  shall  be  organized  within  ten  days  after  its  appointment, 
with  a  president  and  vice  president  chosen  from  among  its  mem- 
bers, and  a  secretary,  who  shall  not  be  a  member  of  the  board. 
In  addition  to  the  duties  of  his  oflice,  which  may  be  fully  pre- 
Report  to  the  scribed  by  the  board,  he  shall  make  a  quarterly  report  to  the 
of^Ed" cal?on."* -^tate  Superintendent  of  Education  of  the  cost  of  maintaining 
the  city  schools,  and  shall  keep  the  accounts  of  said  board  in 
such  manner  as  to  be  in  strict  accordance  with  such  budget  as 
they  may  adopt,  certifying  to  said  board  at  each  monthly  meeting 
the  expenses  of  said  board  for  each  current  month.  Said  board 
shall  have  control  of  all  buildings,  records,  papers,  furniture  and 
property  of  any  kind  pertaining  to  the  administration  of  the 
schools,  and  shall  have  management  of  all  public  schools  within 
the  limits  of  the  citv  of  New  Orleans. 
Salary  of  the  The  Salary  of  the  secretary,  which  shall  be  fixed  by  the  board, 
ecre  ary-  gjjall  be  paid  in  the  same  manner  as  hereinafter  provided  for  the 
payment  of  the  Superintendent. 

Sec.  2.  Be  itfurt'ier  enacted,  etc.,  That  section  66  be  so  amended 
as  to  read  as  follows : 
Superinten-  That  the  Said  board  is  authorized  to  appoint  for  the  constant 
uutics.  "  '"supervision  and  periodical  examination  of  the  public  schools  of 
the  parish  of  Orleans  a  competent  and  experienced  educator,  to 
be  designated  as  Superintendent.  He  shall  aid  the  directors  in 
organizing  the  schools  and  in  approving  the  method  of  instruc- 
tion therein,  in  examining  candidates  for  teacherships.  and  in 
conducting  periodical  examinations  of  pupils  for  promotion 
through  the  respective  grades  of  the  schools,  and  in  maintaining 
general  uniformity  and  discipline  in  the  management  of  all  the 
schools.  He  shall  make  semi-annual  reports  on  the  condition 
and  needs  of  the  schools  to  the  said  board,  and  an  annual  report, 
on  or  before  the  first  of  January,  to  the  State  Board  of  Educa- 
tion, as  hereinbefore  required;  and,  whenever  notified  to  be  pres- 
ent, he  shall  attend  meetings  of  the  State  Board  of  Education. 
Supe^in^ten-  The  Superintendent  Shall  receive  an  annual  salary  of  twenty- 
dent;  hi  s  re-  five  hundred  dollars,  payable  in  equal  monthly  instalments,  pay- 
able on  the  roll  of  the  Board  of  Directors  of  the  City  Schools,  in 


moval    in    cer 
tain  cases 


PUBLIC  SCHOOLS.  695 

the  same  manner  and  at  the  same  time  that  the  employees  and 
expenses  of  said  Board  of  Directors  are  paid.  He  shall  hold  his 
ottlce  for  the  term  of  four  years,  subject  to  removal  by  the  board 
for  neglect  of  duty  or  malfeasance,  of  which,  after  an  impartial 
hearing  by  the  board,  he  shall  have  been  adjudged  guilty.  He 
shall  be  a  ex  officio  member  of  said  board,  and  entitled  to  par- 
ticipate in  its  deliberations  and  debates,  and  in  the  examination 
of  candidates  for  teacherships,  but  he  shall  not  cast  a  vote  in  the 
board. 

Sec.  3.  Be  it  further  enacted,  etc..  That  all  laws  in  conflict  with 
or  contrary  to  or  inconsistent  with  the  provisions  of  this  act  be 
and  the  same  are  hereby  repealed. 

Sec.  4.  Be  it  further  enacted  etc..  That  this  act  shall  take  effect 
from  and  after  its  passage. 

Act  53  OF  1894. 

Section  1.  Be  it  enacted  inj  the  General  Assembli/  of  the  State  of  a  ho  ]  b  d 
Louisiana,  That  the  Boards  of  School  Directors  of  the  several  prohibiied  from 
parishes  of  this  State  are  prohibited  from  entering  into  any  con-  Sacts  or  agree- 
tract,  agreement,  understanding  or  combination,  tacitly  or  ex- P'"'i*=°"'^^''"" 

"  '^  •'  ing   the    public 

pressl}^  directly  or  indirectly,  with  any  church,  monastic  or  other  schools  with 
religious  order  or  association  of  any  religious  sect  or  denomina-  reifgious  order^ 
tion  whatsoever,  or  with  the  representatives  thereof,  for  the  pur- 
pose of  running  or  to  defray  the  expenses  for  the  running  of  any 
public  school  or  schools  of  this  State,  together,  in  connection  or 
in  combination  with  any  private  or  parochial  school  or  other  in- 
stitution of  learning  which  may  be  under  the  control,  authority, 
supervision,  administration  or  management  of  any  church,  mon- 
astic or  other  religious  order  or  association  of  any  religious  sect 
or  denomination  whatsoever. 

Sec.  2.  Be  it  further  enacted.  That  the  violation  of  tlie  pro- 
visions of  this  act  by  the  Board  of  School  Directors  or  any  mem- 
ber thereof  shall  be  the  cause  for  their  removal. 

Sec.  3.  Be  it  further  enacted.  That  all  laws  or  parts  of  laws  con- 
trary to  or  in  conflict  with  the  provisions  of  this  act  be  and  the 
same  are  hereby  repealed. 

Act  136  of  1894,  payment  of  back  salaries  of  teachers. 

Act  57  of  1894,  granting  certificates  to  graduates  of  Peabody 
Xormal  School. 

Act  110  of  1890,  revenue  for  public  education. 

Act  40  of  1888.  study  of  scientific  temperance. 

Act  129  of  1882,  levy  of  school  tax. 

Act  12(>  of  1880,  certificates  of  indebtedness  issued  prior  to 
January  1,  1880,  receivable  for  certain  back  taxes. 

Act  78  of  1877,  E.  S.,  amending  previous  acts. 

Act  23  of  1877,  E.  S.,  regulating  public  education. 

Act  123  of  1874,  regulating  public  education. 

Act  3(5  of  1873,  relating  to  public  education. 

Act  48  of  1873,  relating  to  school  tax. 

Act  6  of  1870,  E.  S.,  regulating  public  education. 


^96  RAILROADS. 


Act  8  of  1871.  organization  of  School  Boards. 
Act  129  of  1869,  regulating  public  education. 
Act  107  of  1867,  regulating  public  education. 
Act  155  of  1861,  amending  Act  153  of  1859. 
Act  237  of  1861,  apportioning  funds. 
Act  42  of  1860,  prohibiting  elections  in  school  halls. 
Act  153  of  1859,  establishing  normal  school. 
Act  84  of  1858,  establishing  normal  school. 
Act  267  of  18,58,  regulating  public  education. 
Act  239  of  1857,  regulating  public  education. 
Act  151  of  1855,  exempting  property   of  public   schools  from 
seizure. 
Act         of  1852,  regulating  public  education. 

Decisions. 

The  Legislature  can  not  force  a  parish  to  levy  a  school  tax,  or 
hence,  to  make  the  appropriation  of  an  amount  which  such  tax 
would  have  realized.     42  An.  92. 


PUBLIC    WORKS,     COMMISSIONER— See    Commis- 
sioners. 


PHYSICIAN,  CITY. 

Coroner,  ex-officio  City  Physician,  see  Article  147  of  the  Con- 
stitution of  1879. 

Ordinance  7726,  providing  for  clerk. 


QUARANTINE— See  Health  and  Quarantine. 


QUICK  LIME— See  Lime. 


RAILROADS. 

General  Ordinances. 

Steam  Railroads. 

Art.  1768.  (1)  That  it  shall  be  the  duty  of  the 
New  Orleans,  JacksoD  &  Great  Northern  Railroad  Com- 
pany, the  Pontchartrain  Railroad  Company,  the  New 
Orleans,  Mobile  &  Texas  Railroad  Company,  the  New 
Orleans   &   Northeastern  Railroad  Company,   the  Mis- 


RAILROADS.  697 

8issippi  A^illey  Railroad  Company,  and  of  all  other  gen- 
eral railroads  other  than  the  local  city  railroads,  which 
may  now  or  hereafter  run  their  trains  for  regular  rail- 
road trafiftc,  for  the  transportation  of  freight  or  passen- 
gers within  citv  limits,  to  station,  at  each  insection  of    watchman 

•!•  1  •  nxT  /^i  !•!    with  signals. 

any   street  within   the  city   of  New  Orleans  on  which    ord.  No.  555, 
street  cars  are  running,  at  least  two  minutes  before  the    Jan.,  1884. 
approach  ot'  any  of  their  trains,  a  watchman,  who  shall 
remain  on  the  spot  until  after  the  passage  of  the  train, 
with  a  red  signal  flag  in  day-time  and  red  lantern  at 
night-time,  to  signalize  the  approach  of  the  train. 

Art.  1769.  (2)  That  for  each  and  every  contraven-    Penalty, 
tion  of  this  ordinance  the  respective  company  shall  be  a.  s." 
liable  to  a  fine  of  one  hundred  dollars,  recoverable  be-      ^^  '" '  ^'^' 
fore  a  court  of  competent  jurisdiction  within  the  district 
in  which  the  offence  is  committed. 

Art.  1770.  That  Ordinance  No.  555,  C.  S.,  be  and  is    Penalty. 

hereby  amended  by  adding  the  following :  Any  engineer  c  s. "    °'^  '^^' 
■      .  .  ■  I-  ,      .    Mar.26, 1SS9. 

or  person  in  charge  or  an  engina,  approaching  any  street 

crossing,  without  being  properly  flagged  as  herein  pro- 
vided, shall  be  immediately  arrested  and  fined  not  less 
than  tea  dollars  or  more  than  twenty-five  dollars,  and 
in  default  of  payment,  imprisoned  for  not  less  than  ten 
or  more  than  thirty  days,  at  the  discretion  of  the  Re- 
corder within  whose  jurisdiction  the  offence  was  com- 
mitted. 
Art.  1771.  (1)  That  it  shall  be  unlawful  for  any  rail-    Lines  and 

,  .  .  ,.n.         ,1..,       levels  to  be  fur- 

road  company  running  its  tracks  withm  the  limits  of  the  nished  by  City 
city  of  New  Orleans  to  lay  down  new  tracks  or  lower  or   ord.  no.  3397, 
raise  the  grade  of   any   track  now  laid,   being  laid,  or    Feb.,  1876. 
hereafter  to  be   laid,  without  first  procuring  lines  and 
levels  from  the  City  Surveyor  of  New  Orleans  for  the 
proper  construction  of  the  same.     In  case  of  any  viola- 
tions of  the  provisions  of  this  ordinance,  it  shall  be  the 
duty  of  the  Administrator  of   Improvements  to  cause 
said  track  or  tracks  to  be  immediately  conformed  to  the 
proper  grade  or  level  of  the  streets  or  levees  upon  which 
they  are  laid,  and  in  case  the  railroad  company  should 
refuse  or  neglect  so  to  do  when  notified,  it  shall  be  the 
duty  of  said  Administrator  to  execute  the  provisions  of 


Penalty. 


698  RAILROADS. 

this  ordinance  and  to  use  such  means  as  may  be  neces- 
sary for  said  purpose. 
„      ,  ,    .,       Art.  1772.  That  from  and  after  this  date  all  railroad 

Speed  of  rail - 

n?n '^  afin* '"he  ^^™P^^^^^  ^^^  hereby   prohibited   from   running  their 
riverfront.       traius  or  cnffines,  or  allowiner  the  same  to  be  run,  on  the 

April,  1881.  r^  7  o  1 

A.  b.  6988.  south  side  of  Claiborne  street  or  the  river  front  at  a 
greater  speed  than  six  miles  per  hour,  and  for  any  vio- 
lation of  the  foregoing  the  company  so  violating  the 
same  shall  be  held  liable  to  a  flue  of  one  hundred  dol- 
lars for  each  and  every  offence,  collectible  before  any 
court  of  competent  jurisdiction. 

To  rin    bells     ^^'^ '  ^"^'^^-  '^^^^  i*  ^^^^  ^(6  the  duty  of  the  Chicago, 
iTmits'''"  *^'*^^^"    Louis   &    New   Orleans    Railroad    Company,    the 

ocIm  'S^si.  Pontchartrain  Railroad  Company,  the  Louisville  & 
Nashville  Railroad  Company  ''as  re-organized,"  Mor- 
gan Louisiana  &  Texas  Railroad  Company,  New  Or- 
leans, Spanish  Fort  &  Lake  Railroad  Company,  and 
New  Orleans  City  Railroad  Company,  steam  train,  and 
all  other  railroads  which  may  now  or  hereafter  have  the 
right  to  move  their  trains  by  steam  power,  on  any  of  the 
streets  of  the  city  of  New  Orleans,  between  Claiborne 
street  and  the  Mississippi  river,  to  ring  a  bell  at  intervals 
within  said  limits. 

Art.  1774.  That  it  shall  be  unlawful  for  steam  trains 

Speed,  ^Q  j.^jjj  ^^  ^  greater  speed  than  six  miles  per  hour,  or  to 

announce  their  approach  to  curves  or  crossings  within 
the  limits  of  Claiborne  street  and  the  Mississippi  river 
by  whistle,  except  that  the  Louisville  &  Nashville 
Railroad  Company  shall  signal  their  approach  to  the 
curve  at  the  head  of  Elysian  Fields  street   by  whistle 

Penalty.  bctweeu  St.  Claude  and  Rampart  streets,  also  in  cases  of 
emergency ;  and  any  failure  on  the  part  of  individuals 
to  comply  with  the  foregoing  ordinance  will  subject 
them  to  a  fine  of  twenty  dollars,  or  imprisonment  for 
thirty  days  for  each  offence,  recoverable  before  the  Re- 
corder wherein  the  offence  was  committed. 

Art.  1775.  That  no  railroad  company  within  the  cor- 
porate limits  of  the  parish  of  Orleans  shall  permit  its 
engines,  cars  or  trains  of  cars  to  remain  standing  upon 
any  street  or  street-crossing  within  the  city  limits,  or  to- 


RAILROADS.  699 

obstruct  crossings  in  any  manner  whatsoever,  except  in  stS on"treets 
so  far  as  raa}^  be  done  by  trains  in  motion;  provided,  °^^g°.^^^"'"'=' 
however,    that    this    shall    not    apply    to    the    tracks  ^^rd.  No.  3< 87, 
of     the    Belt    Railroad     or     of     other    roads    on    the    ^^f^l'^^^ 
river  front,  when  used  for  the  purpose  of  loading  or  un- O''!'  ^o.  4882, 
loading  cars  in  the  ordinary  and  usual  interchange  of 
merchandise,  nor  to  such   portions  of  streets  between 
crossings  as  may  be  within  and  form  part  of  the  yards 
of  the   respective   roads ;    provided,   further,  that  the 
Mayor  shall  have  the  power  in  his  discretion  to  give  per- 
mits in  special  cases  for  the  loading  or  unloading  of  cars 
at  places  other  than  intersections  of  streets,  such  per- 
mits to  specify  the  locality  and  the  time  allowed,  and 
provide  that  no  blockade  of  the  street  shall  thereby  en- 
sue ;  and  provided,  furthermore,  that  this  shall  not  ap- 
ply to  that  portion  of  the  Belt  road  situated  on  Louisiana 
avenue,  between  Water  and  Annunciation  streets,  and 
that  portion  of  the  same  road  on  Louisiana  avenue  be- 
tween Dryades  street  and  the  connection  of  said  Belt  ^^j^"^,  ^°^ *^P^y 
road  with  the  main  line  of  the  Illinois  Central  Kailroad.  ^''• 

Art.  177(5.  That  for  each  and  every  contravention  of  Penalty, 
this  ordinance  the  officer  or  employee  so  offending  shall 
be  fined  not  less  than  ten  dollars,  and  in  default  of  pay- 
ment be  imprisoned  for  not  less  than  ten  days,  by  the 
Recorder  within  whose  jurisdiction  the  offence  has  been 
committed . 

Art.  1777.  That  Ordinance  No.  4024,  C.  S.,  adopted  umawfui  to. 
October  1,  1889,  be  amended  and  re-enacted  so  as  to  from  cars  or  at 
read:  That  it  shall  be  unlawful  for  any  railroad  com-  ord.No.4090 
pany  or  companies  in  the  city  of  New  Orleans  to  allow    Nov.  s,  1889. 

ii  T  TT  1     •!•  n    «       •!  IT  1  Amended    by 

the   peddling   or   retailing  of  fruit,  vegetables,  market  ord.  No.  4489, 

produce,   perishable   freight   or   merchandise,    arriving 

over  their  line  or  lines  in  the  city  of  New  Orleans,  from 

cars,  on  the  tracks,  from  any  platform,  shed  or  building, 

or  public  wharves  or  landings,  at  the  depot  or  depots 

on  the   grounds  or  other  property  owned  or  controlled 

by  such  railroad   company  or  companies  in  the  city  of 

New  Orleans. 

Art.  1778.  (2)  That  it  shall  be  unlawful  for  any  per-    From  piat- 

-■  T,  .,  forms. 

son  or  persons  to  peddle  or  retail  any  fruit,  vegetables,  ib.. 


700 


RAILROADS. 


market  produce,  perishable  freight  or  tnerchandise  ar 
riving  over  any  railroad  line  or  lines  in  the  city  of  New 
Orleans,  from  cars,  on  the  tracks,  from  any  platform, 
shed  or  buildings,  or  public  wharves  and  landings,  at 
the  depot  or  depots,  on  the  grounds  or  other  property 
owned  or  controlled  by  any  railroad  company  or  compa- 
nies in  the  city  of  New  Orleans. 

Penalty.  ^^  ^RT.  1779.  (3)  That  any  officer,  agent  or  employee  of 
any  railroad  company  violating  the  provisions  of  this 
ordinance  shall  be  liable  for  each  offence  to  a  fine  of 
not  more  than  twenty-five  ($25)  dollars,  recoverable  be- 
fore the  Recorder  in  whose  jurisdiction  the  offence  may 
be  committed,  or  in  default  of  payment  thereof  to  impris- 
onment in  the  parish  prison  for  not  more  than  thirty 
(30)  days. 

Penalty.  Art.  1780.  (4)  That  any  person  or  persons  violating 

the  provisions  of  this  ordinance  shall  be  liable  for  each 
offence  to  a  fine  of  not  more  than  twenty-five  ($25)  dol- 
lars, recoverable  before  the  Recorder  in  whose  jurisdic- 
tion the  offence  may  be  committed,  or  in  default  of  pay- 
ment thereof  to  imprisonment  in  the  parish  prison  for 
not  more  than  thirty  (30)  days. 

Art.  1781.  (5)  That  all   ordinances   or  parts  or  of- 
dinances  in  conflict  with  or  militating  against  this  or- 
dinance be  and  the  same  are  hereby  repealed. 
Blowing  Whistles — See  Offences. 
Stopping  at  Crossings — See  Offences  and  Gates. 
Electric  signal.     Art.   1782.  That  permissiou  be  and  is  hereby  given 
^ojd.  No.  7034^  ^^  the   Illinois  Central  Railroad  Company,  and    Yazoo 

Dec.  20,  1S92.  ^  Mississippi  Valley  Railroad  Company  to  erect  elec- 
tric systems  of  warning  signals  at  the  crossings  of  Car- 
rollton  and  Washington  avenues,  on  each  of  the  above- 
named  roads,  in  lieu  of  gates,  with  the  understanding 
that  the  said  companies  will  place  flagmen  at  the  said 
crossings  during  the  daytime,  until  such  time  as 
the  said  electric  system  shall  be  completed  and  in  oper- 
ation. 

Art.  1783.  That  the  said  electric  system  shall  be 
erected  within  sixty  days  from  the  date  of  the  promul- 
gation of  this  ordinance. 


RAILROADS.  701 

Art.  1784.  That  the  said  railroad  companies  shall  be    Penalty.    ^^ 
subject  to  a  fine  of  twenty-five   ($25)   dollars  or  thirty 
days'  imprisonment,    recoverable   before   any   court  of 
competent  jurisdiction  for  each  and  every  violation  of 
this  ordinance. 

STREET       RAILROADS. 

Art.  1785.  That  the  several  street  railroad»companies    To  run  cars 
in  this  city  be  and  are  hereby  authorized   to  run  their    Dec.iSys. 
street  cars  at  no  greater  intervals  than  every  half  hour      "   '^'^'^ ' 
apart  from  12  p.  M.  to  5  A.  M.,  and  that  they  are  also  au- 
thorized to  charge  during  the  hours  above-mentioned    Fare. 
increased  fare,  not  exceeding  the  rate  of  25  cents  per 
passenger. 

Art.  1786.  That  it  shall  not  be  lawful  for  the  several  Speed  at  canai 
railroad  companies  of  this  city  running  their  cars  to  and    lags. 
froui  Canal  street,  propelled  by  horse  or  mule  power,  to    a^.'s'.Ut^*. 
permit  said  cars  to  be  moved  at  a  greater  rate  of  speed 
than  a  walk  at  all  crossings  on  Canal  street,  between  the 
levee  and  Rampart  street,    under  penalty  of  a  fine  not 
greater  than  ten  dollars  for  every  such  contravention, 
recoverable  before  any   court  of  "competent  jurisdiction 
upon  the  proof  thereof. 

,Art.  1787.  That  permission  be  and  the  same  is  here-  sheds  for 
by  granted  to  the  New  Orleans  city  railroad  companies  juiy.,'iS66. 
of  the  city  to  erect  shelters  for  the  starters  of  cars,  and 
for  the  turn-table  men  employed  by  said  companies  at 
any  and  all  places  where  said  starters  and  turn-table 
men  are  or  may  be  stationed ;  provided,  said  shelters 
be  built  according  to  plans  and  specifications  to  be  fur- 
nished by  the  City  Surveyor. 

Art.  1788.  That  the   city   railroad   companies   shsill,    Beiis. 
from  and  after  the  passage  of  this  resolution,  cause  to    ;^"d!s65^!' 
be  placed  at  the  heads  or  necks   of  the  teams  a  number 
of  bells  sufficient  to   attract  attention  of  the  public,  and 
thereby  warning  them  of  the  approach  of  such  teams 
and  cars  and  of  impending  danger. 

Art.  1789.  That  from  and  after  the  adoption  of  this  certain  per- 
ordinance  it  shall  not  be  lawful  for  any  person  afflicted  i^°om  the  carl!'' 
by  any  contagious  or  infectious  disease,  or  for  any  per-    A.^s/sscsf 


702  RAILROADS. 

son  who  is  intoxicated,  to  enter  any  car  within  the  limits 
of  the  city  of  New  Orleans. 
Car  tracks  not     Art.  1790.  That  it  shall  not  be  lawful  for  any  person 
ed.  to  place  any  obstruction  on  the  track  of  any  railroad 

located,  or  running  in  or  through  the  city  of  New  Or- 
leans, or  unnecessarily  to  interfere  with,  or  obstruct  the 
free  passage  of  any  car,  or   to  endanger  the   safety  of 
any  car,  or  any  person  in  any  car,  running  in  or  through 
the  said  city  of  New  Orleans. 
Exception  in     Art.  1791.  It  is  uudcrstood,  however,  that  the  pro- 
Department,     visions   of  this   section   shall  not,  in  any  way,  conflict 
with  the  privileges   and  right  of   way  granted  to  fire 
engines,  hook  and  ladder  trucks,  wagons  carrying  Bab- 
cock  fire  extinguishers,  and  other  vehicles  belonging  to 
the  fire  department. 
I,  w"i'^^  P'""     Art.  1792.  That  it  shall  be  unlawful  for  the  parents 

hibited    from  ^ 

hanging  on  the  or  guardiaus   of  any  minor  child  to  allow  such  child  to 

outside  of  cars.  °  ''  ^ 

hang  or  swing  on  the  outside  of  any  car  of  any  railroad 
within  the  limits  of  the  city  of  New  Orleans,  while  the 
same  is  in  use  or  motion  upon  said  roads. 
Railroad  com-      ^jjrj,   5^793    rpj^^    -^   |     hcrcbv  made  the  duty  of  the 

panics     and  "  •' 

forc"th?  o"  companies   owning  the  aforesaid   railroads,  their   em- 

dinance.  ployccs,  and  the  police  of  the  city  of  New  Orleans,  to 
secure  the  enforcement  of  the  provisions  of  this  ordi- 
nance. 

Penalties,  Art.  1794.  That  any  person  who  shall  be  found  guilty 

of  a  violation  of  any  of  the  provisions  of  sections  1  and 
2  of  this  ordinance,  before  any  of  the  police  courts  of 
this  city,  shall  be  fined  not  less  than  $5  nor  more  than 
$25,  and  in  default  of  payment  imprisoned  not  more 
than  five  days  nor  less  than  one  day ;  and  that  in  any 
case  of  any  violation  of  the  provisions  of  the  third  sec- 
tion the  minor  child  so  offending  shall  be  arrested,  and 
upon  conviction  sentenced  to  imprisonment  for  not  less 
than  twelve  nor  more  than  twenty-four  hours,  in  default 
of  payment  by  the  parent  or  guardian  of  said  minor  of 
a  fine  not  more  than  $5  nor  less  than  $2  for  each  offence. 

Right  to  use  Art.  1795.  That  permission,  revocable  at  the  pleasure 
fng  ca"sf'°^*'  of  the  Council,  is  hereby  granted   to  any  city  railroad 

Ars.''i^4'^'     company  to  use  the  apparatus  for  propelling  street  cars 


RAILROADS.  703 

of  the  AmirioTiia  and  Thermo-specific  Propelling  Com- 
pany; provided,  that  the  city  shall  not  be  held  respon- 
sible for  any  damage  that  may  be  occasioned  thereby. 

Art.  1796.  (1)  That  after  the  passage  of  this  ordi- crossing  steam 

1111  1  ni  1  •     -,  o  tracks  in  front 

natice  it  shall  be  nnlawful  and  a  misdemeanor  for  any  of  any  engine 
driver  in  charge  of  a  horse- car,  with  or  withont  passen-    of^^x\o.  s6i, 
gers  aboard,  to  attempt  to  cross  a   steam  car  track  in    Jan.  20, 18S4. 
front  of  any  steam  engine,  with  or  without  cars  attached, 
the  approach  of  which  has  been  and  continues  to  be 
flagged  to  him. 

Art.  1797.  (2)  That  any  driver  in  charge  of  a  horse  car  Penalty, 
who  violates  section  1  of  this  ordinance  shall,  upon  con- 
viction before  the  Recorder  having  jurisdiction,  be  fined 
not  less  than  twenty-five  dollars,  and  in  default  of  pay- 
ment not  less  than  thirty  days  at  the  discretion  of  the 
court. 

Art.  1798.  (1)  That  if  any  driver  of  any  of  the  cars 
belonging  to  any  of  the  railroads  in  the  State  of  Louis-  ^ct  of Tegisia- 
lana  shall,  by  his  imprudence,  negligence,  or  want  of  *"''^* 
skill,  cause  any  injury  to  any  person,  whether  a  passen- 
ger on  said  car  or  not,  he  shall  be  deemed  guilty  of  a 
felony,  and  on  conviction  thereof,  shall  suffer  a  fine  not 
exceeding  five  hundred  dollars  and  imprisonment  not 
exceeding  one  year,  at  the  discretion  of  the  court. 

Art.  1799.  (1)  That  the  different  railroads  throughout    Removal  of 
the  city  shall  be  required,  upon  being  notified  by  the  strinarers. 
Commissioner  of  Public  Works,  to  cause  to  be  removed,  c.  s.  ' 
within  forty-eight  hours  from  the  service  of  notice,  all      *=  •  >  ■    4- 
timbers  or  stringers  of  any  description  used  in  the  con- 
struction of  railroads  and  which  may  be  declared  by  the 
said  Commissioner  of  Public  Works  to  be  obstructions 
to   a  free   and   uninterrupted  drainage ;  and  that  said 
timbers,  stringers,  etc.,  shall,  in  every  case,  be  replaced 
by  iron  bars  or  plates,  or  by  any  material  suitable  for 
the  purpose,  under  the  direction  of  the  Commissioner  of 
Public  Works  and  City  Surveyor. 

Art.  1800.  (2)  That  upon  failure  or  neglect   of  any    Penalty, 
company  to  remove    obstructions    of    the  kind   herein 
specified  in  section  1  hereof,  and  within  the  time  speci- 
fied, it  is  herewith  made  the  duty  of  the   Commissioner 


704  RAILROADS. 

of  Public  Works  to  have  the   same   removed  as  soon  as 
practicable  thereafter  at  the  risk  and    expense  of  the 
company. 
Under  whose      Art.  1801.  (3)  That  in  the  construction  or  repairing 

supervision.  ^     '  r  o 

lb.  of  all  bridges  or  culverts  over  which  railroad  tracks  are 
laid,  the  work  shall  be  performed  and  carried  on  to 
completion  under  the  direction  of  the  Commissioner  of 
Public  Works,  and  in  accordance  with  specifications  to 
be  prepared  by  the  City  Surveyor  and  kept  on  file  in 
his  office. 
Repealing      Art.  1802.   (4)  That  this   ordinance  shall  take  effect 

clause.  ^     ' 

lb-  from  and  after  its  passage,  and  that  all  laws  or  parts  of 
laws  in  conflict  herewith  be  and  the  same  are  hereby  re- 
pealed. 
Open  cars.         Art.  1803.  That   it  shall   be   unlawful  for   any   cor- 
c.'s.*''"'^^''poration  or  person  to  run  open  cars  on  any  street  in  the 
Sept  17, 1  95.  ^^^^  ^j  New   Orleans,    where  there   are   double   tracks 
without   providing   a  rope  or   rod  on   the  side   of  the 
car    toward     the    other  track     to  prevent   passengers 
from  alighting  or  boarding  the  car  on  said  side. 
Duty  of  mo-      Art.  1804.  That  it  shall  be  the  duty  of  all  motormen 
proac'hingwTst  whcu  approacMug  West  End  trains  discharging  passen- 
irams.  ^^  ^^^^   ^^  Caual  strect,  between  Baronne  and   Carondelet 
streets,  to  bring  his  car  to  a  full  stop  until  the   passen- 
gers from  the  West  End  train  shall  have  alighted. 
Penalty.  Art.  1805.  That   any  corporation  or  motorman   vio- 

^^  lating  any  of  the  provisions  of  this  ordinance  shall  be 
fined  a  sum  not  exceeding   twenty-five  dollars  or  be  im- 
prisoned  in  the  parish  prison  for  a  term  not   exceeding 
thirty   days,  or   both,  at  the  discretion  of  the  Recorder 
in  whose  jurisdiction  the  offence  is  committed. 
Flat  wheels.       That  all  strcct  car  lines  or  railroads  using  horse,  mule 
^c.'l!°"'^^^'or   electric  power,  be   and  are   hereby  prohibited  from 
Sept.  24, 1895.  ^^^-^^^  flat  wheels  upon  their  cars. 

Penalty.  ^RT.  1806.  That   all  persons,    corporations  or   other 

^''•parties   violating  this  ordinance   be  subject  to  a  fine  of 

twenty-five   dollars  for  each  offence  or  in  default  thirty 

days  imprisonment,  recoverable,  before  any  court  having 

jurisdiction. 


RAILROADS.  705 

Art.  1807.  That  all  laws  or  parts  of  laws  and  ordinances    r  e  p  e  a  i  i  ng 
in  conflict  with  this  ordinance  be  and  are  hereby  repealed.  *='^"®^-        j,. 
Art.  1808.  That  from  and  after  the  promulgation  of    „     , 

^  ^  Cars  to  come 

this  ordinance  it  shall  be  unlaw^ful  for  the  driver  of  anv^°  *.*""  .^*°p 

-    crossing  steam 

street  car  to  drive  over  the  tracks  of  any  intersecting  'o'/^'^No'^^er 
steam  railroad  without  having  previously  brought  his  c.^s^.^  ^ 
car  to  a  full  stop  and  satisfied  himself  there  can  be  no 
danger  in  making  the  crossing. 

Art.  1809.  That  any  driver  or  other  person  in  charge  Penalty, 
of  a  street  car  violating  the  provisions  of  this  ordinance 
shall,  upon  conviction  before  the  Recorder  within  whose 
jurisdiction  the  offence  has  been  committed,  be  fined  not 
exceeding  twenty-five  dollars,  and  in  default  of  payment 
of  fine  be  imprisoned  not  more  than  thirty  days. 

Art.  1810.  That  Ordinance  No.  4164,  C.  S.,  requiring    Not  to  apply 
all  street  cars  to  come  to  a  full  stop  before  crossing  a  with  gates, 
steam  railroad  track,  be  and  is  hereby  amended  soasc.  s.' 
not  to  apply  to  steam  crossings  provided  with  gates      ^'■*^' 
erected  under  proper  city  ordinances. 

Art.  1811.  That  all  street  railroads  in  the  city  of  New    construction 
Orleans  shall  be  required  to  provide  a  continuous  cross-  hufs. 
ing  where  their  tracks  cross  other  street  railroad  tracks  c.  s. " 
or  steam  railroad  tracks,  the  style  of  crossings  to  be     "  ^  *  ' ' 
either  continuous  cast  iron  or  built  section  crossings  of 
such  design  as  will  be  approved  by  the  City  Engineer. 

Art.  1812.  That  the  Commissioner  of  Public  Works    putyofCom- 
shall,    immediately   on  the  promulgation  of  this  ordi- Hc^wo"ks. 
nance,   notify  each  railroad  company  of  the  provisions 
of  this  ordinance,   and  any  railroad  company  refusing 
to  comply  with  the  provisions  of  this  ordinance  within 
forty  days  from  receipt  of  said  notice  from  the  Commis- 
sioner of  Public   Works   shall   be  fined  not  less  than 
twenty-five  dollars,  and  will  be  subject  to  an  additional    Penalty, 
fine   of  five   dollars   per   day   for  each  and  every  day 
thereafter  the  provisions  of  this  ordinance  are  not  com- 
plied with,    said  fines  to  be  collected  by  any  court  of 
competent  jurisdiction. 

Art.  1813.  That  such  street  railroads  as  are  contem-    Exempting 
plating  the  rebuilding  of  their  whole  roadway  for  the  buiit  until  such 

„  .  ,  ,  .    .  .       .         .    ,  roads  rebuild. 

purpose  of  operating  same  bv  electricity  withm  eighteen  ib. 


706  RAILROADS. 

months   from  the  passage  of  this  ordinance  will  not  be 
required  to  put  these  crossings  in  until  such  time  as  said 
road  is  rebuilt. 
Expense4obe     Art.  1814,  That   at  poiuts   where  crossings  are  re- 

^orne  in  equa  ^^^j.^^  |^y  ^  strcct  railroad  crossing  another  street 
'railroad,  the  expense  of  said  crossing  will  be  borne  in 
equal  parts  by  each  of  the  two  railroad  companies. 
Where  a  street  railroad  crosses  a  steam  railroad 
the  expense  of  the  crossing  shall  be  borne  one-quarter 
by  the  street  railroad  and  three-quarters  by  the  steam 
railroad,  and  the  maintenance  of  the  crossing  in  proper 
condition  shall  be  the  duty  of  the  steam  railroad  com- 
pany. 
New  roads  to     Art.  1815.  That  in  the  future  any  new  road  (not  now 

pense."  '      ^  iu  cxistcnce)  crossing  any  street  or  steam  railroad,  the 

■  said  new  road  shall  bear  the  entire  expense  of  laying 
same. 

Art.  1816.  That  the  expense  of  maintenance  shall  be 
as  herein  provided  for. 
Ventilators.       Art.  1817.  That  it  shall  be  unlawful  for  any  street 
c.  s.'    °'  '^^' railroad  company  to  run  any  car  on  the  streets  of  this 
e  .  2, 1892.  ^i^y  unless  the  same  are  provided  with  ventilators  in  the 
top  or  roof  thereof,  affording  a  ventilation  of  at  least 
four  square  feet ;  and  between  the  1st  day  of  Novem- 
ber and  the  1st  of  April  each  of  such  cars  will  be  re- 
quired to  have  sliding  or  swinging  doors. 
Penalty.  Art.  1818.  That  any    president,     superintendent   or 

■  starter  of  any  street  railroad  company  violating  the  pro- 
visions of  this  ordinance  shall  be  punished  by  a  fine 
not  exceeding  $25  for  each  offence,  and  in  default  of  the 
payment  thereof  by  imprisonment  not  exceeding  thirty 
days. 

Take  effect.       That  this  Ordinance  shall  take  effect  sixtv  days  after 
lb. .,  1     , .  -J 

its  promulgation. 

Duty  of  Com-     Art.  1819.  That  the  Commissiouer  of  Public  Works 
PuWiVwo'rk°s!  is  hereby  charged  with  the   duty   of   requiring   all  the 
^c.'s!''''°'^''stTeet  railroads  to  immediately  place  in  good  repair  and 
June  M,  189s  condition  all  streets  which  have   been   disturbed  by  the 
railroads  in  their  reconstruction  work,   etc.,  and  to  re- 
port the  same  to  the  Council. 


Penalty. 


RAILROADS.  -      707 

Art.  1820.  That  on  and  after  the  passage  of  this  or- crossing— fuii 
dinance  it  shall  be  unlawful  for  any  ear  propelled  by  ord.  No.  7480, 
horse  or  mule  power  to  cross  any  track  or  tracks  of  a    April 25, 1893. 
road  propelled  by  electricity   or  tracks  of  a  road  pro- 
pelled by  steam  power,  or  for  any  car  propelled  by  elec- 
tricity, to  cross  any  track  before  coming  to  a  full  stop. 
Any  infraction  of  this  ordinance  shall,  upon  conviction, 
be  subject  to  a  fine  of  not  more  than  $25  or  less  than 
thirty  days  imprisonment ;  one-half  of  the  flue  so  col- 
lected shall  be  paid  to  the  informer. 

EAST   LOUISIANA   RAILROAD   COMPANY. 

Art.  1821.  That  the  East  Louisiana  Railroad  Com-  Franchise, 
pany,  its  assigns  and  successors,  for  and  in  considera-  c  s. " 
tion  of  the  premises  and  the  foregoing  contribution  to 
the  construction  of  said  levee,  be  and  they  are  hereby 
authorized  and  empowered  to  locate,  construct,  main- 
tain and  operate  certain  railroads,  by  steam  power,  in 
the  city  of  New  Orleans,  with  all  necessary  tracks, 
switches,  turnouts,  bridges,  sidings  and  structures  of 
every  kind,  convenient,  useful  and  pertaining  to  the 
said  railroads,  and  to  lay  double  tracks  on  the  follow- 
ing lines,  avenues,  streets,  etc.,  and  to  operate  said 
railroads  thereon,  namely: 

Art.  1822.  (1)  From  the  intersection  of  the  present  Route- 
line  of  the  New  Orleans  &  Northeastern  Railroad  on 
People's  avenue  with  Edinburg  avenue,  on,  over  and 
along  said  Edinburgh  avenue  to  the  intersection  of  the 
same  with  the  Bayou  St.  John,  with  the  right  to  lay  its 
said  railroad  tracks  along  said  Edinburgh  avenue,  or  any  • 
such  other  street  parallel  with  Edinburgh  avenue  as  the 
company  may  select. 

Art.  1823.  (2)  Across  said  Bayou  St.  John  to  con- 
nect wtth  the  present  roadbed  of  the  New  Orleans, 
Spanish  Fort  &  Lake  Railroad  Company  5  and  provided, 
that  it  first  obtain  the  consent  thereto  of  the  New  Or- 
leans, Spanish  Fort  &  Lake  Railroad  Company,  either 
by  lease  or  purchase  of  its  franchise,  tracks  and  road- 
beds, or  by  any  other  satisfactory  arrangements  which 
may  be  agreed  upon  between  said  parties  and  be  ob- 


708        •  RAILROADS. 

tained  upon  said  road  from  Bayou  iSt.  John  along  Ge- 
nois  street  and  May  street,  and  other  such  street  as 
may  be  occupied  by  the  embankment  of  the  New  Or- 
leans, Spanish  Fort  &  Lake  Railroad  Company,  to  the 
west  side  of  Orleans  street  to  the  intersection  with  Ber- 
nadotte  street  and  Metairie  Road  by  a  suitable  curve 
through  the  southeast  corner  of  the  western  division  of 
the  City  Park,  thence  along  Bernadotte  street  to  its  in- 
tersection with  Bienville  and  Conti  streets,  thence  along 
Bienville  and  Conti  streets  to  Basin  street,  thence  to 
Canal  street  at  its  intersection  with  Basin  street ;  return- 
ing on  Basin  street  to  Bienville  and  Conti  streets, 
thence  in  and  along  Bienville  and  Conti  streets  to  Ber- 
nadotte street,  thence  in  and  along  Bernadotte  str  eet  to 
the  west  bank  of  the  Orleans  Canal,  thence  along  Or- 
leans street  on  the  west  side  of  the  canal  to  May  street, 
near  the  Lake  Shore,  thence  on  May  street  to  Genois 
street,  or  any  other  street  as  may  be  occupied  by  the 
present  embankment  of  the  New  Orleans,  Spanish  Fort 
&  Lake  Railroad  to  Bayou  St.  John  and  across  Bayou 
St.  John  and  along  Edinburgh  avenue  and  on  said  levee 
to  the  intersection  with  Peoples  avenue  and  the  tracks 
of  the  New  Orleans  &  Northeastern  Railroad  on  said 
Peoples  avenue,  with  right  to  make  all  necessary 
curves  at  all  intersections  of  lines  and  streets. 

Art.  1824.  Whereas,  no  franchise  should  be  granted 
by  the  Council  without  due  compensation  to  the  city. 
Repealing     ^^'^-  1825.  That  the  grant  to  the  East  Louisiana  Rail- 

^or^d." No.  7241,^0^^1  by  Ordinance  No.  6139,  along  the  Lake  Shore  be 

^Feb.  28, 1S93.  ^iid  tbe  same  is  hereby  repealed. 

Renunciation  of  right  of  way  on  Conti  street,  Ord.  Xo.   6182, 
C.  S. 

ILLINOIS    CENTRAL    RAILROAD. 

(Formerly  Chicago,  St.  Louis  (&  New  Orleans  Railroad,  and 
Neiv  Orleans,  JacTcson  &  Great  Northern  Railroad.) 

Right  of  way.     Art.  1826.  (1)  That  the  right  of  way  applied  for  by 
.o.°s.  ■  ^°'  ^°^'the  New  Orleans,  Jackson   &   Great  Northern  Railroad 
Mar.,  1853.     (j^jjjjpa^jy  ^j^Q^  j-ljg  Chicago,  St.  Louis   &  New  Orleans 
Railroad  Company),  be  and  is  hereby  granted. 


RAILROADS.  709 

Art.  1827.  (1)  That  the  city  of  New  Orleans  iiereby    to  construct 

""  o      /-N  -»,T  '     1  and  extend  rail- 

grants  to  the  New  Orleans,  Jackson  &  Great  NQrtheru  road. 
Railroad  Company  the  rights  and  privileges  to  ektend,    and  1621",  n. 
construct  and  maintain,  and  thereafter  to  manage  and    May,  1869. 

•  1  •  T  T     1       •  Dec,  1869. 

use  by  runnmg  thereon  the  engines  and  cars  and  Jrams 
of  cars  (subject  to  stipulations  of  section  No.  2  (^f  this 
ordinance),  a  single-track  railroad  with  the  ne-^essary 
turnouts  to  and  from  any  points  on  the  road  outsr^ide  of 
Claiborne  street,  through  Euphrosine  street  to  its^  inter- 
section with  New  Canal  shell  road,  along  the  leutral  Right  of  way 
ground  on  Triton  walk,  or  Delord  street  to  St.  'Joseph  '^""^ 
street,  the  centre  of  St.  Joseph  street  to  Front  street ; 
thence  up  Front  street  to  Tchoupitoulas  street  j  up 
Tchoupitoulas  street  to  Water  street ;  thence  up  Water 
street  to  the  upper  line  of  the  city ;  also  from  the  inter- 
section of  St.  Joseph  and  Front  streets,  down  Front 
street  to  Girod  street. 

Art.  1828.  (2)  That  the  engines  of  said  road  shall  Motive  power 
only  be  run  on  that  portion  of  the  track  granted  by  this 
ordinance  from  its  intersection  with  the  main  track  of 
said  road  to  the  corner  of  St.  Joseph  and  Baronne 
streets,  and  that  from  the  corner  of  St.  Joseph  and  Ba- 
ronne streets,  through  St.  Joseph  street  to  Front  street, 
horses  or  mules  only  shall  be  used.  From  the  intersection 
of  St.  Joseph  and  Front  streets,  so  far  as  the  right  of  way 
given  by  this  ordinance  extends  on  Front,  Tchoupitou- 
las and  Water  streets,  said  company  shall  have  the  right 
of  using  locomotives. 

Art.  1829.  (3)  That  in  the  construction  of  said  line  Not  to  obstruct 
of  road  and  the  track  and  the  turnouts  thereof,  the  said    pa\rdra*inage 
New  Orleans,  Jackson  &  Great  Northern  Railroad  Com- 
pany shall  locate  said  road  in  such  portions  of  the  streets 
as  to  cause  the  least  possible  detriment  to  business  on  said 
streets,  and  shall  not  in  any  manner  obstruct  or  impair 
the  drainage  of  the  streets   along,  upon  or  across  which 
the  said   railroad  is  hereby   located,  and   that  the   said 
company  shall  at  all  times  and  in  every  respect  be  bound  and  grldes*^^  ^ 
to  conform  with  the  lines  and   levels  and  grades  to  be 
established  by  the   City   Surveyor;  and   whenever  the 
company  shall    find  it   necessary  to   cover  the  channel 


710  1  RAILROADS. 

of  an^  drain  the  sides  thereof   shall  be  first  protected 
with  ij^rick,    stone  or  wood,  in  a  good   and   substantial 
mannf^r  and  to  the   entire  satisfaction  of  the  City  Sur- 
veyor, and  said  covered  channel  shall  be  kept  open  and 
deal,  for  the  passage  of  water  by  said  company. 
To  pave  and     A.1^.  1830.  (4)  That  the  said  railroad  company  shall 
Ln^^keep  ufem  be   boiiud   to   pavc   with   material   corresponding   with 
in  good  order,   g^ist^g  pavcmcuts,  Or  such  pavement  as  may  hereafter 
be  laid,  the  space  between  the  rails  of  the  track,  and  as 
muchVjn  each  side  of  the  track,  through  the  streets  now 
paved,  as  may  be  necessary  to  put  them  in  as  good  con- 
dition as  they  were  before  the  pavement  was  taken  uj 
by  the  railroad  company ;  and  should  the  said  company, 
after  being  duly  notified  by  the  Street  Commissioner, 
refuse  or  neglect  to  keep  the  streets  from  curb  to  curb, 
•  through  which  said  road  shall  pass,  in  good  order,  repair 

and  condition,  it  shall  be  the  duty  of  the  Street  Com- 
Penaity,  missioucr  to  causc  the  said  repairs  to  be  made  at  the 
expense  of  said  railroad  company ;  and  to  immediately 
report  the  same  and  the  cost  thereof  to  the  Common 
Coujicil ;  and  in  the  event  of  a  refusal  of  the  said  rail- 
road company  to  pay  the  city  the  amount  of  expenses ; 
thus  incurred  for  making  the  said  repairs,  the  said1 
amount  shall  be  recoverable  before  any  court  of  compe- 
tent jurisdiction. 
Art.  1831.  (5)  That  the  said  railroad  shall  have  thi 

To   construct  ^     '  , 

depots.  right  to  construct  and   thereafter  use  and  maintain,  fol 

the  safe  and  convenient  transaction  of  its  business,  suci 
depots  as  it  may  deem  necessary;  provided,  that  saic 
depots  be  located  on  property  to  be  first  legally  acquirec 
by  the  said  company;  and  provided,  also,  that  the  sai< 
depots  be  constructed  in  the  most  substantial  and  work- 
manlike manner,  with  brick,  stone  or  iron,  and  covere( 
with  slate,  or  metal,  and  be  designed  and  completed 
such  a  manner  as  to  make  them  in  every  respect  first 
class  depot  buildings. 
Speed.  Art.  1832.  (6)  That  the  trains  on  said  road  shall  nc 

move  at  a  rate  of  speed  greater  than  five  miles  an  houi 
Art.  1833.  (7)  That  the  tracks   allowed  in  this  ordi 
nance  shall  be  so  laid,   constructed  and  ^maintained 


RAILROADS.  711 

in  the   least  manner  to   obstruct  the  free  passage  of  Noyo^ob.truct 
vehicles.  ^^'^•^'^ 

Art.  1834.  (8)  That  the  said  railroad  company  shall 
be   subjected  to  all  rules  and  regulations  already  in   ex- 
istence  or  which  may  hereafter  be  enacted  by  the  Coni-i^^^«?^*^^"S"- 
mon  Council. 

Art.  1835.  (9)  That  should  the  said  New  Orleans, 
Jackson  &  Great  Northern  Railroad  Company  fail  to 
maintain  and  have  a  regular  communication  and  means 
of  traffic  on  said  line  of  road,  then  the  rights  and  privi- 
leges which  are  hereby  granted  to  said  company  shall  be  f^"'^^«'t"''«=- 
forfeited  and  revert  to  the  city  of  New  Orleans;  and 
provided,  further,  that  nothing  contained  in  the  above 
resolutions,  or  in  the  grant  of  rights  and  privileges  to 
said  company,  is  intended  or  shall  be  construed  as  bind- 
ing the  city  of  New  Orleans,  or  making  her  liable  in  any 
way  or  responsible  to  the  said  New  Orleans,  Jackson 
&  Great  Northern  Railroad  Company,  or  its  assigns,  for 
any  loss,  damage  or  injury  which  might  arise  to  them, 
or  either  of  them,  should  the  said  company  or  its  assigns 
be  in  any  manner  or  way  interfered  with  or  deprived  of 
any  or  all  of  said  rights  or  privileges  by  any  means  or 
for  any  cause,  or  on  any  ground  whatsoever,  other  than 
the  act  or  doing  of  the  legally  constituted  authorities  of 
the  city  of  New  Orleans. 

Art.  1836.    (1)  That  permission   be   and   is   hereby    To  connect 
granted  to  the  New   Orleans,  Jackson  &   Great  North- Louis'iafi''a"& 
ern  Railroad  Company  to  connect  their  track  at  the  in-  o^d^  no.T6^| 
tersection  of  8t.  Joseph  and  Delta  streets  with  Morgan's    juAe,  1S72. 
Louisiana  and  Texas  Railroad  on   Delta  street ;  thence 
branching  so  as  to  make  a  close  connection  with  the  tracks 
of  Morgan's  Louisiana  and  Texas  Railroad  on  both  sides 
of  Delta  street.     The  whole  to  be   done   in   conformity 
with  plans  and  specifications  to  be  prepared  by  the  City 
Surveyor  and   approved   by   the   Administrator  of  Im-  vocatf'on. 
provements;  provided,  that  the  said  New  Orleans,  Jack- 
son  &   Great   Northern   Railroad   Company   shall   put 
and  keep    in   good   order   that  portion   of  Delta  street 
through   which   said   track   is   to   be   built;    provided, 
further,  that  this  permission  is  revocable  at  the  pleasure 
of  the  City  Council. 


712  RAILROADS. 

brlnchTack!"*  -^^^-  ^^^^ •  (1)  ^hat  permissioii  be  and  is  hereby 
^og.  No.  1608,  granted  to  J.  J.  McComb  to  construct  a  narrow-gauge 
June,  1872.  railway  three  feet  wide,  on  the  outer  edge  of  the  side- 
walks, from  New  Levee  street  down  Delord  and  South 
Market  streets,  crossing  Fulton  street  to  Front  street, 
stopping  at  the  track  of  the  New  Orleans,  Jackson  & 
Great  Northern  Railroad ;  also  two  switch  tracks  on  Ful- 
ton street,  leading  into  the  Fulton  warehouse.  The 
whole  to  be  laid  in  accordance  with  plans  and  specifica- 
tions to  be  prepared  by  the  City  Surveyor  and  approved 
by  the  Administrator  of  Improvements . 

votatS"*  *° '"'     ^^T.  1838.  (2)  That  this  permission  is  revocable  at  the 

will  of  the  City  Council, 
track.  *^  ^'  ^     Art.  1839.  (1)  That  permission  be     and   is   hereby 
c.  s.'    °"^'°^' grated  to  the  New  Orleans,  Jackson   &  Great   Northern 
ep  .,  I  77-     Railroad  Company  to  lay  a  side-track  on  the   banquette 
on  the  north  side  of  its  property  on  Front  street  for  the 
distance  of  three  blocks ;  provided,  that  said  track  shall 
be  laid  so  as  not  to  interfere   with   the  commerce   and 
business  of  the  community ;  provided  further,  that  said 
track  shall  be  laid  according  to  plans  and  specifications 
to  be  furnished  by  the  City  Surveyor,  and  to  the  satis- 
faction of  the  Administrator  of  Commerce  and  Improve- 
ments,   and  said  company  shall   keep  the  streets,  side- 
walks and  crossings  in  repair  as  long  as  said  track  shall 
remain. 
Subject  to  re-      The  rcsolutiou   is   revocable   at  the   pleasure   of   the 

vocation.  ^  .. 

Council. 
To  conneet     Art.  1840.  That  thc  Mayor  bc  aud   is   hereby  author- 

with  Gas  Com-  -^  .  '' 

pany's  wharf,    [zed  to  enter  into  a  contract  with  the  New  Orleans,  Jack- 

Ord.  No.  1626, 

A.  s.  son  &  Great  Northern   Railroad    Company,  authorizing 

said  company  to  connect  their  track  on  Front  street  with 
the  New  Orleans  Gaslight  Company's  coal  wharf ;  also, 
to  build  a  railroad  on  Magnolia  street,  from  Euphrosine 
street  to  the  New  Orleans  Gas  Company's  works,  on  the 
following  terms  and  conditions  : 
KeepMagno      ^rt   1841.  (1)  The  Ncw  Orlcaus,  Jackson  &   Great 

ha   iron  bridge  ^     '  ' 

in  good  order.   Northcm  Railroad  Company   will   raise   or  cause  to  be 
raised  one  foot  above   its  present   grade   the   Magnolia 


RAILROADS.  713 

Iron  Bridge,  repair  it  and   place   it  in   proper  working 
order. 

Art.  1842.   (2)  That   the   New   Orleans,  Jackson   &    xofiUupap- 
Great  Northern  Railroad  Company  will  fill  up  with  river  Magnolia 
sand  the  approaches  of  the   Magnolia   bridge   on  Julia, 
Delord  and  Magnolia  streets,    in   order   to  meet  the  in- 
tended rise  and  reduce  the  slopes  and  also  replace  the 
broken  stone  paving  over  their  surface. 

Art.  1843.  (3)  They  will   raise  the  culverts  over  the    to  raise  cui- 
street  gutters   and   replace   their  tops  to    suit  the  new 
grades. 

Art.  1844.  (4)  They  will  lay   a  double  track  railroad    Toiaydoubu 
on  the  bridge  extending  on  the  southwest  bank  of  the  "'»<=•'  °"  bridge 
canal  as  far  as   the   line   of  Delord   street,    and  on  the 
northwest  bank  as  far  as   Cypress   street,   where  it  will 
meet  the   single   track   leading   to   the   gas   company's 
works. 

Art.  1845.  (5)  They  will  keep  always  in  good  order    ^o  keep  in 
the  street  and  canal  bridges  and  paving  of  the  streets  f^^^g^^'^^n  J 
over  which  they  travel  under  a  penalty  of  a  fine  of  ten*^*"*^''"''^^*' 
dollars  for  each  and  every  contravention  with  the  pres- 
ent ordinances,   and  to  have  the  work  done  at  their  ex-    penaity. 
pense  by  the  city.     The  repairs  necessary  to  keep  the 
bridge  always  in  good  order  and  condition  being  at  the 
cost  of  the  company. 

Art.  1846.  (6)  The   road   shall  be   considered  as  a    Trunk  road, 
trunk  road  to  be  used  by  all  parties  under  authority  of 
the  Common  Council ;  provided,  they  pay  their  propor- 
tion toward  the  cost  of  building  said  road. 

Art.  1847.  (7)  In  consideration  of    the  above  the  Brid^ekeepers. 
Common  Council  agrees  to  continue  to  pay  the  bridge- 
keeper;  provided,    the   appointment  of  said   keeper  is 
subject  to  the  approval  of  the  Common  Council. 

Art.  1848.   (8)  The  New  Orleans,  Jackson  &  Great    Rights  of  city 
Northern  Kailroad  Company  shall  not  in  any  manner  at°ed'.° 
alienate  any  right  or  rights  the  city  of  New  Orleans 
may  possess  as  a  stockholder  or  corporation  in  said  ex- 
tension of  road. 

Art.  1849.  (9)  That  in  case  any  litigation  shall  arise    Cit5r  not  re- 
from  said  grant  the  city  of  New  Orleans  shall  be  held '^°"'''''^' 
harmless. 


714  RAILROADS. 

^Jjg^^ttorun     ^R,f    1850.  (1)  That  the  New  Orleans,  Jackson   & 

^Ord.No.  tosi.Qreat  Northern  Railroad  Company  be  and  are  hereby 
Aug.,  1871.  permitted  to  run  their  trains  over  their  track  on  St. 
Joseph  street  and  from  their  present  depot  and  to  the 
river  by  steam,  under  the  following  restrictions,  to-wit: 
(1)  That  the  engine  used  shall  be  a  smokeless  dummy, 
and  shall  always  be  kept  in  front  of  the  train  while  in 
Speed.  motion ;  that  a  watchman  with  a  red  lantern  or  signal 

flag  shall  be  placed  at  each  street  crossing  while  the 
train  is  in  motion,  and  similar  lights  shall  be  attached 
to  its  side  of  the  train  when  run  during  the  night,  that 
there  shall  be  no  blowing  of  whistles  or  ringing  of  bells, 
and  the  train  shall  not  move  at  a  greater  speed  than  four 
miles  an  hour. 

^^sugcttore-     ^jj^.  1851.  (2)  That  this  permission  shall  be  subject 
to  revocation  at  the  pleasure  of  the  Council. 

sp?nSbfm  '^'     Art.  1852.  (3)  That  all  damages  to  life  and  property, 
resulting  from  the  running  of  trains  as  herein  provided 
shall  be  at  the  risk  and   responsibility  of   said   railroad 
company. 
Penalty.  Art.  1853.   (4)  That  for  cach  and  cvcry  coutravcution 

of  this  ordinance  the  said  company  shall  be  liable  to  a 
fine  of  one  hundred  dollars,  recoverable  before  the  First 
Recorder's  Court  of  the  First  District. 

tJck."''^"^"     Art.  1854.  (1)  That  the  Chicago,  St.  Louis   &  New 

a^^2^°A!s!  C)i*leans  Railroad  Company  be  authorized  to  change  their 
July,  1881.     track  on  Belt  Railroad  from  the  middle  of  the  street  to 
the  east  side,  the  same  to  be  done  under  the  supervision 
of  the  City  Surveyor  and  Administrator  of  Improve- 
ments. 
Tostraighten     Art.  1855.  (1)  That  the  Chicago,  St.  Louis    &  New 
"^ord!  No.  66s t,  Orleans  Railroad  Company  be  and  are  hereby  required 
Sept.  i88o.      to  straighten  their  track  on  Delta  street,  from  Notre 
Dame  to  St.  Joseph  street,  by  removing  it  from  the 
centre  of  said  Delta  street  to  the  river  side  of  same,  aci 
cording  to  lines  and  levels  to  be  furnished  by  the  Cit) 
Surveyor  and  subject  to  the  approval  of  the  Adminis-^ 
trator  of  Improvements, 
orf  No.S     Art.  1856.  (1)  That  the  city  of  New  Orleans  herebjj 

''^Nov.  9,  issa.  grants  to  the  Chicago,  St.  Louis  &  New  Orleans    Raill 


RAILROADS. 


Fuel. 


Drainage. 


road  Company,  and  its  successors,  assigns  and  lessees, 
the  right  and  privilege  to  maintain  and  use,  and  to  oper- 
ate with  steam  or  other  motive  power,  the  railroad  as 
now  laid  and  constructed,  together  with  all  necessary  or 
convenient  turnouts,  switches,  sidings  and  turntables  to 
and  from  a  point  on  its  main  track  beyond  Claiborne 
street,  through  Euphrosine  street,  across  Rampart  street, 
and  along  the  neutral  ground  on  Triton  Walk  or  Delord 
street  to  St.  Joseph  street,  thence  up  the  centre  of  St. 
Joseph  street  to  Front  street,  thence  up  Front  street  to 
its  junction  with  Water  street,  and  there  to  connect  with 
the  Belt  Railroad ;  the  construction  of  any  extension 
and  turnouts  to  be  according  to  lines  and  levels  to  be 
furnished  by  the  City  Surveyor. 

Art.  1857.  (2)  That  the  fuel  used  upon  the  engines 
for  making  steam  shall  be  anthracite  coal  or  fuel  not 
making  more  smoke  than  such  coal. 

Art.  1858.  (3)  That  in  the  maintenance  and  opera- 
tion of  the  said  lines  of  railroad,  and  of  the  tracks, 
switches,  sidings'and  turntables  thereof ,  the  said  railroad 
company  shall  not  in  any  manner  obstruct  or  impair  the 
drainage  of  the  streets  along,  upon  or  across  which  they 
may  be  located ;  and  whenever  the  company  shall  find 
it  necessary  to  cover  the  channel  of  any  drain  the  sides 
thereof  shall  be  first  protected  with. brick,  stone  or  wood, 
in  a  good  and  substantial  manner,  and  to  the  entire 
satisfaction  of  the  City  Surveyor,  and  said  covered  chan- 
nel shall  be  kept  open  and  clear  for  the  passage  of  water 
by  said  company. 

Art.  1859.  (4)  That  the  said  railroad  company  shall 

^     ''  f      V  Pa  V  i  n  g  re- 

be  bound  to  pave  with  material  corresponding  with  ex-  quired. 

isting  pavements,  or  such  pavements  as  may  hereafter 
be  laid,  the  space  within  the  rails  of  the  track,  and  as 
much  on  each  side  of  the  track,  through  the  streets  now 
paved,  as  may  be  necessary  to  put  them  in  as  good  con- 
dition as  they  were  before  the  pavement  was  taken  up 
by  the  railroad  company ;  and  should  the  said  company, 
after  being  duly  notified  by  the  Street  Commissioner, 
refuse  or  neglect  so  to  keep  the  streets  through  which 
said  road  shall  pass   in  good   order  it  shall  be  the  duty 


Drains 
open. 


kept 


716  RAILROADS. 

of  the  Street  Commissioner  to  cause  the  said  repairs  to 
be  made  at  the  expense  of  said  railroad  company. 

Depots.  ^jjrp   1850,  (5)  That  the  said   railroad  company  shall 

have  the  right  to  construct,  and  thereafter  use  and  main- 
tain, for  the  safe  and  convenient  transaction  of  its  busi- 
ness, such  depots  as  it  may  deem  necessary ;  provided, 
that  said  depots  be  located  on  property  to  be  first  legally 
acquired  by  the  said  company. 
Motive  power.  Art.  1861.  (6)  That  the  said  Chicago,  St.  Louis  & 
New  Orleans  Railroad  Company  may  use  and  operate 
the  aforesaid  lines  of  railroad  within  the  city  of  New 
Orleans,  with  steam  or  other  motive  power  appropriate  or 
usual  in  railroad  transportation,  but  shall  not  run  their 
trains  at  a  greater  speed  than  six  miles  per  hour. 

Construction,  Art.  1862.  (7)  That  in  the  construction,  under  this 
ordinance,  of  any  extension  of  track,  or  any  turnouts  or 
switches  the  construction  shall  be  so  made  as  in  the 
least  manner  to  obstruct  the  free  passage  of  vehicles. 

Regulations,  ^rt  1863.  (8)  That  the  said  railroad  company  shall 
be  subjected  to  all  general  rules  and  regulations  already 
in  existence,  or  which  may  hereafter  be  enacted  by  the 
Common  Council. 

Forfeiture.  Art.  1864.  (9)  That  should  the  said  railroad  com- 
pany fail  to  maintain  and  have  a  regular  communication 
and  means  of  traffic  on  said  lines  of  road,  then  the  rights 
and  privileges,  which  are  hereby  granted  to  said  com- 
pany>  shall  be  forfeited,  and  revert  to  the  city  of  New 
Orleans. 

City  not  re-      Art.  1865.  (10)  That  nothing  contained  in  the  above 

sponsible.  ^        ' 

resolutions  or  in  the  grant  of  rights  and  privileges  to  said 
company  is  intended  or  shall  be  construed  as  binding 
the  city  of  New  Orleans,  or  making  her  liable  in  any 
way,  or  responsible  to  the  said  railroad  company,  or  its 
assigns,  for  any  loss,  damage  or  injury  which  might 
arise  to  them  or  either  of  them,  should  the  said  com- 
pany or  its  assigns  be  in  any  manner  or  way  interfered 
with  or  deprived  of  any  or  all  of  said  rights  or  privileges, 
by  any  means  or  for  any  cause,  or  on  any  ground  what- 
soever other  than  the  act  or  doing  of  the  legally  con- 
stituted authorities  of  the  city  of  New  Orleans. 


RAILROADS.  717 

Art.  1866.  That    the   city  of   New    Orleans  hereby    Transfer  of 
recognizes  the  rights  heretofore  granted  to  the  New  Or-  cog"nized. 
leans,    Jackson    &  Great   Northern,  and  the    Chicago,  c.  s.'    °'^'^^' 
St.  Louis  &  New  Orleans   Railroad    Companies,    as  the      "§^-4. '»9'- 
rights  of  the  Illinois  Central  Railroad  Company,   and 
that  the  city  of  New  Orleans  hereby   grants  to   the  said 
Illinois  Central  Railroad   Company,  its   successors  and 
assigns,  the  right  to  construct,  maintain  and  use  a  pas- 
senger depot  on  the   property  now  owned   by  said  rail- 
road company,   in   the  squares  bounded   by  Rampart,  Passenger  de- 
Calliope,  Liberty  and  Delord  streets;  the  main  building ^*'' 
to   front  on  Rampart  street,  between  Euphrosine  and 
Delord  streets ;  the   structure  for  protecting  passengers 
entering  and  leaving  trains  to  extend  from  said  main 
building  to  Liberty  street. 

Art.  1867.  That  the  city  of  New  Orleans  hereby  structures  for 
grants  to  the  Illinois  Central  Railroad  Company,  its  sue-  ^'°'^'' '""'  ib. 
eessors  and  assigns,  the  right  to  extend  the  structures 
for  protecting  cars  and  the  passengers  entering  and 
leaving  trains  across  Franklin  street,  said  structures  to 
be  at  least  eighteen  (18)  feet  high  from  the  grade  of  the 
street,  support  for  same  to  be  placed  at  curb  lines  and 
to  leave  an  opening  of  thirty  (30)  feet  on  the  swamp 
side  of  Franklin  street  for  the  passage  of  pedestrians 
and  vehicles ;  the  said  railroad  company  to  erect  gates 
on  Franklin  street  at  each  side  of  the  tracks,  which  may 
be  closed  while  trains  are  being  switched  across  or 
standing  on  Franklin  street  to  receive  or  discharge  pas- 
sengers, mail,  baggage  or  express,  and  at  all  other 
times  said  gates  to  be  open  to  permit  the  passage  of 
pedestrians  and  vehicles. 

Art.  1868.  That  the  city  of  New  Orleans  hereby  second  track 
grants  to  the  Illinois  Central  Railroad  Company,  its  phrosine  street, 
successors  and  assigns,  the  right  to  construct,  maintain 
and  use  a  second  track  through  Euphrosine  street,  from 
a  point  about  one  hundred  and  fifty  (150)  feet  west  of 
the  centre  line  of  Claiborne  street  to  a  point  of  inter- 
section with  the  present  track  on  the  neutral  ground  of 
Delord  street,  in  the  vicinity  of  Dryades  street,  with 
such  turnouts,  switches,  extensions,  sidings,  cross-overs 


718  RAILROADS. 

and  connections  as  are  shown  upon  plan  annexed  hereto, 
dated  New  Orleans,   La.,  July  twenty-eighth    (28th), 
1891,  and  made  part  of  this  ordinance.     The  lines  and 
levels  of  all  such  turnouts,  switches,  sidings,  etc.,  shall 
be  given  by  the  City  Surveyor. 
Consideration.      ^jjrp    1869.  That  the  Hghts,  privileges,  franchises  and 
o^'"no.*623i^  powers  granted  in  this  ordinance  shall  be  and  continue  in 
c-  s.  force  during  the  corporate  life  of  the  Illinois  Central  Rail- 

road Company ;  provided,  the  Illinois  Central  Railroad 
shall,  at  their  own  expense,  pave  with  Belgian  granite 
blocks  the  entire  width  of  Franklin  street  from  Euphrosine 
to  Delord  street,  except  twelve  feet  on  either  side  for  ban- 
quette purposes,  which  shall  be  laid  with  Schillinger 
pavement ;  pave  with  granite  square  blocks  or  Belgian 
blocks  with  concrete  foundation  all  that  portion  of  Ram- 
part street  from  curb  to  curb,  fronting  their  depot,  and 
fronting  the  paved  portion  of  Delord  street  and  fronting 
Euphrosine  street ;  pave  Euphrosine  street  flush  with 
their  tracks  from  curb  to  curb,  between  Rampart  and 
,         Claiborne  streets,  with  Brookhaven  concrete  gravel. 

Relay  the  existing  cobble   stone  paving  on  Delord 
street,  between  Rampart  and  Liberty  streets ;  and  at  all 
times  keep  the  said  paving  and  planking  herein  specified 
in  condition  satisfactory  to  the  Commissioner  of  Public 
Works. 
sire^rlK*"""     ^i^T.  1870.  That  said  company  shall  not  be  permitted 
^^'  to  use  said   depot  or  tracks   presently   granted  for  any 
purpose  whatsoever,  except  construction,  until  the  pav- 
ing required  by  this  ordinance   is   laid  as  herein  pro- 
vided, this   paving  being  made   an   essential   condition 
of  the   grants  herein   made,  and   without   which  they 
would  not  have  been  granted ;  and 
Penalty.  Art.  1871.  That  cars  shall  not  be  parked   or  allowed 

to  remain  standing  on  the  streets  herein  under  a  penalty 
of  not  less  than  ten  or  more  than  twenty-five  dollars 
fine ;  or  in  default  of  payment  to  imprisonment  for  not 
less  than  ten  nor  more  than  thirty  days,  at  the  discretion 
of  the  Recorder,  for  each  and  every  such  offence. 

Art.  1872.  That  that  portion  of  Ordinance  No.  5485, 
C.  S.,  referring  to  a  Schillinger  sidewalk  from  Euphro- 


RAILROADS.  719 

siue  street  to  Delord  street,   on  Franklin  street  across       Paving  eu- 
the  tracks  of  tbe  Illinois  Central   Railroad  Company,  be   Ord.  No.  7964', 
amended  so  as  to  allow  the  placing  of  a  plank  sidewalk    Aug.  2*,  1893. 
in  lieu  of  the  Schillinger  walk  across  said  tracks,  and 
that  portion  of  Ordinance  No.   6231,   C.  S.,  be  amended 
so  as  to  permit  the  Illinois  Central  Railroad  Company  to 
move  its  track  on  Euphrosine  street,  between  Rampart 
and  Liberty  streets,  to  the   south  side  of  Euphrosine 
street,  and  pave  with  Belgian  blocks,  instead  of  Brook- 
haven  gravel,  from  Rampart  street  to  Franklin  street, 
the  full  width  of  Euphrosine  street,  from  the  property 
line  on  the  north  side  of  said  street  to  the  track  of  the 
Illinois  Central  Railroad  Company  after  being  moved  as 
aforesaid.     All  of  said  work  to  be  done  according  to 
lines  and  levels  to  be  furnished  by  the  City  Engineer. 

Art.  1873.  That  in  accordance  with  advice   of  the  ,  Directed  to 

do  certain  work 

City  Surveyor,   the  Illinois  Central  Railroad   Company  ^o^^.  No.  4397, 
be  and  they  are  hereby  authorized  and  directed  to  do  the    ^^^-  "•  '^' 
following  work  in  lieu  of  that  directed  by  the  Council 
by  resolution  of  December  12,  1889 : 

1.  Clean  out  and  revet  Claiborne  Canal  from  where  the 
contractor  stopped  work,  near  the  water  tank  to  upper 
end  of  Calliope  street,  from  this  point  to  head  of  canal 
at  New  Basin,  dig  a  six  foot  ditch. 

2.  Open  a  ditch  between  Calliope  and  Euphrosine 
streets  on  south  side  of  canal  for  drainage  of  Euphro- 
sine street. 

3.  Open  and  clean  out  ditch  on  north  side  of  Calliope 
street,  between  Claiborne  and  Willow  streets. 

Art.  1874.  That  the  City  Surveyor  is  hereby  directed  city  Surveyor, 
to  furnish  lines  and  levels  for  single  track  in  each  case 
from  the  main  tracks  on  Euphrosine  and  Calliope  streets 
to  property  of  company  known  as  ''government  yard," 
as  per  tracing  in  the  Surveyor's  office;  provided,  that 
where  such  tracks  cross  the  Claiborne  canal  the  com- 
pany shall  revet  same  under  such  crossing,  all  in  accord- 
ance with  lines  and  levels  of  the  City  Surveyor  and 
under  his  instructions  and  supervision. 


720  RAILROADS. 

LOUISVILLE  AND  NASHVILLE  RAILROAD. 

(Formerly  New  Orleans,  Mobile  &  Chattanooga  Rail- 
road.) 

thr^l^ghs/relu.  Art.  1875.  (1)  That  the  New  Orleans,  Mobile  &  Chat- 
^0|d.  No.  773,  tanooga  Railroad  Company  is  hereby  authorized  and 
Nov.,  1867.  empowered  to  locate,  construct  and  maintain,  and  there- 
after to  manage  and  use,  by  running  thereon  its  engines 
and  cars,  and  trains  of  cars,  a  railroad  with  two  tracks 
and  the  necessary  turnouts  to  and  from  their  depots, 
along  and  upon  the  central  portion  of  the  neutral  ground 
in  the  centre  of  Claiborne  street  from  the  northeasterly 
side  of  Canal  street  to  the  line  of  Poydras  street,  thence 
by  a  curved  line  to  Lafayette  street,  thence  along  and 
upon  Lafayette  street  to  Locust  street,  thence,  across  the 
intervening  streets  and  grounds  lying  between  Lafayette 
street,  Perilliat  and  Girod  streets  to  Rampart  street. 
And  the  said  company  is  hereby  authorized  and  empow- 
ered to  construct,  maintain,  manage  and  use  by  running 
thereon  its  freight  cars,  drawn  by  the  power  of  horses  or 
mules,  a  railroad  with  one  track  upon  and  along  Girod 
street  from  Liberty  street  to  the  Mississippi  river,  with 
necessary  turnouts  to  and  from  a  freight  depot  located  on 
any  grounds  near  the  levee  which  the  said  company  may 
acquire  for  the  purpose;  provided,  however,  that  in  the 
construction  of  such  railroad  on  Girod  street,  and  the 
turnouts  thereof,  only  such  iron  rails  shall  be  used 
as  shall  least  impede  the  traffic  of  the  streets,  and  such 
as  shall  be  approved  by  the  City  Surveyor, 
^f'r'lifht  d""^  Art.  1876.  (2)  That  the  said  New  Orleans,  Mobile 
pots.  ^  Chattanooga  Railroad  Company  is  hereby  authorized 

and  empowered  to  locate,  construct,  and  thereafter  to 
maintain  and  use,  for  the  safe  and  convenient  transac- 
tion of  its  business,  a  passenger  depot  and  a  freight 
depot,  as  it  may  deem  necessary  for  its  purpose,  upon 
the  three  blocks  bounded  by  Girod  street.  Liberty  street, 
Lafayette  street  and  Rampart  street ;  and  to  close  and 
occupy  for  such  purpose  that  portion  of  Franklin  street 
and  that  portion  of  Basin  street  lying  between  Girod 
street  and  Lafayette  street;  and  the  said  company  is 


RAILROADS.  721 

hereby  further  authorized  and  empowered  to  enclose  for 
its  business  and  purposes  the  three  blocks  of  ground 
bounded  by  Perilliat  street,  Locust  street,  Lafayette 
street  and  Liberty  street ;  and  to  close  and  occupy  for 
its  business  and  purposes  that  portion  of  Howard  street 
lying  between  Perilliat  street  and  Lafayette  street,  and 
that  portion  of  Perilliat  street  lying  between  Liberty 
street  and  Locust  street. 
Art.  1877.  (3)  That  the  said  New  Orleans,  Mobile  &    to  construct 

bridge. 

Chattanooga  Railroad  Company  is  hereby  authorized 
and  empowered  in  locating,  constructing  and  using  their 
railroad  eastward  from  Claiborne  street,  to  construct 
across  and  cross  all  streams,  bayous  and  water  channels 
within  the  corporate  limits  of  the  city  of  New  Orleans, 
with  close  or  continuous  bridges.  And  the  said  com- 
pany shall  not  be  required  to  erect  and  maintain  draw- 
bridges at  any  points  except*  across  Carondelet  Canal,  as 
provided  in  Ordinance  No.  472,  New  Series. 

Art.  1878.  (4)  That  the  city  of  New  Orleans  will,  opening  of 
for  the  furtherance  and  promotion  of  the  interests  of 
said  company,  and  to  aid  in  the  accomplishment  of  its 
purposes  and  objects,  as  well  as  for  the  advancement  of 
the  interests  of  the  city  at  large,  cause  to  be  opened  for 
the  public  use  an  extension  of  Claiborne  street  from 
St.  Bernard  avenue  to  Fayette  avenue ;  such  extension 
to  be  in  a  direct  line  with  and  of  the  same  width  as  that 
portion  of  Claiborne  street  between  St.  Bernard  avenue 
and  Canal  street  and  the  neutral  ground  in  the  centre  of 
said  extension,  to  be  laid  out  and  planted  with  trees  in 
the  same  manner  as  the  neutral  ground  now  in  that  por- 
tion of  Claiborne  street  before  referred  to ;  and  the 
right  of  way  for  two  tracks  is  hereby  granted  to  said 
company  along  and  upon  the  central  portion  of  said 
neutral  ground  in  such  extension,  such  right  of  way 
being  upon  the  same  line  as  heretofore  granted  to  said 
company  by  the  city. 

Art.  1879.   (5)  That  the  said  company  shall,   before  xine  to  private 
constructing  said  lines  of  railroad  and    said    depots,  ac-    P'^^P^'^^y- 
quire  the  title  to  all  private  property  to  be  occupied  and 
used  therefor,  by  purchase,  or  in  such  other  manner  as 


722  RAILROADS. 

shall  be  in  accordance  with  the  laws  of  the  State  of 
Louisiana. 

streets  not  to     Art.  1880.  (6)  That  the  said  company  shall,  immedi- 

e  impaire  ,  ^^-^jy  after  the  construction  of  the  tracks  of  its  railroad 
and  turnouts  across  any  street,  restore  such  street  in  such 
manner  so  that  its  usefulness  shall  not  be  impaired  nor 
the  passage  of  traffic  thereon  be  unnecessarily  im- 
peded. 

Trees  not  to     Art.  1881.  (7)  That  the  trees  now  standing  upon  the 

e  injure  .  neutral  ground  on  Claiborne  street  shall  not  be  removed 
or  injured  by  said  company  in  the  construction  of  its 
tracks  and  depots,  excepting  where  they  have  to  be  re- 
moved for  the  turnouts  to  and  from  the  depots. 

Drainage  of  Art.  1882.  (8)  That  in  the  construction  of  the  said 
lines  of  railroad,  and  the  tracks  and  turnouts  thereof , 
the  said  company  shall  not,  in  any  manner,  obstruct  or 
impair  the  drainage  of  the  streets  along,  upon  and 
across  which  the  said  railroad  is  hereby  located,  and 
that  the  said  company  shall,  at  all  times  arid  in  every 
respect,  be  bound  to  conform  with  the  levels  and  grades 
to  be  established  by  the  City  Surveyor  of  New  Orleans ; 
and  whenever  the  company  shall  find  it  necessary  to 
cover  the  channel  of  any  drain,  the  sides  thereof  shall 
be  first  protected  with  brick  or  wood  in  a  good  and  sub- 
stantial manner ;  and  such  covered  channels  shall  be 
kept  in  repair,  open  and  clear  for  the  passage  of  water, 
by  said  company. 

coiistruction  -^.RT.  1883.  (9)  That  all  of  said  depots  shall  be  con- 
of  depots.  structed  in  the  most  substantial  and  best  workmanlike 
manner,  with  walls  of  brick,  and  roofs  covered  with  slate 
or  metal,  and  they  shall  be  designed  and  completed  in 
such  a  manner  as  to  make  them,  in  every  respect,  first- 
class  depot  buildings. 

Trains  and  Art.  1884.  (10)  That  the  said  company  shall  not,  at 
Z'^''*"  any  time,  suffer  or  permit  its  engines,  cars,  or  trains  of 

cars,  to  remain  standing  upon  any  street  or  crossing 
upon  its  said  lines  of  road,  or  to  obstruct  crossings  in 
any  manner  whatsoever,  except  so  far  as  may  be  done 
by  said  trains  in  motion.  The  regulations  of  the  com- 
pany shall  require  that  the  bells  of  all  trains  in  motion 


RAILROADS.  723- 

Bells 
whistles. 

be  sounded,  and  that  no  train  shall  move  at  a  greater 
rate  of  speed  than  five  (5)  miles  per  honr  while  south 
of  Elysian  Fields  street. 

Art.  1885.  (11)  That  the  said  New  Orleans,  Mobile  Transfer  of 
&  Chattanooga  Railroad  Company  is  authorized  and  vUegLr"  ''" 
empowered  to  assign  the  rights  and  privileges  herein 
granted  to  it  to  a  company  to  be  organized  in  its  inter- 
est, under  the  laws  of  Louisiana,  for  the  purpose  of  con- 
structing that  portion  of  its  road  lying  within  the  State 
of  Louisiana,  if  such  an  assignment  shall  be  found 
necessary  and  expedient  to  enable  the  company  to  con- 
struct its  line  of  road  and  to  complete  the  purposes  of 
its  corporation. 

Art.  1886.  (12)  That  if  the  said  New  Orleans,  Mobile  Forfeiture. 
&  Chattanooga  Railroad  Company  shall  not  complete  the 
line  of  road  for  traffic  between  this  city  and  the  city  of 
Mobile  within  the  time  designated  in  its  charter  (id  est, 
prior  to  the  24th  day  of  November,  1869),  or  that  it 
should  fail,  from  any  fault  of  ils  own,  either  for  the 
want  of  means  or  any  cause  to  maintain  and  have  a 
regular  communication  and  means  of  traffic  between  said 
cities,  then  the  rights  and  privileges  which  are  hereby 
granted  to  said  company  shall  be  forfeited  and  revert  to 
the  city  of  New  Orleans. 

Art.  1887.  (13)  TJiat  nothing  contained  in  the  above  city  not  re- 
resolutions,  or  in  the  grant  of  rights  and  privileges  to  the  ®p°"*' 
said  company,  is  intended  or  shall  be  construed  as  bind- 
ing the  city  of  New  Orleans  or  making  her  in  any  way 
liable  or  responsible  to  the  said  "New  Orleans,  Mobile 
&  Chattanooga  Railroad  Company,"  or  its  assigns,  for 
any  loss,  damage  or  injury  which  might  arise  to  them, 
or  either  of  them,  should  the  said  company  or  its  assigns 
be  in  any  manner  or  way  interfered  with  or  deprived  of 
any  or  all  of  said  rights  or  privileges,  by  any  means,  or 
for  any  cause,  or  any  ground  whatever,  other  than  the 
act  of  doing  of  the  legally  constituted  authorities  of  the 
city  of  New  Orleans. 

1.  That  permission  is  hereby  granted  to  the  New  Or- 
leans,  Mobile   &  Chattanooga   Railroad     Company    to 


724  RAILROADS. 

^cfrd.^No"ls,^^^^^  upon  apart  of  the  block  bounded  by  Water,  Cal- 
■^'Aprii,  1870.  ^iop®?  Pili^  ^^^  St.  Joseph  streets,  a  one-story  building, 
to  be  used  for  storing  of  locomotive  engines ;  such  build- 
ing to  be  constructed  of  wood,  with  roof  of  slate  or 
other  fire-proof  material ;  provided,  that  the  end  wall  of 
the  building  toward  Calliope  street  shall  be  built  of 
bricks.  And  further  permission  is  hereby  granted  to 
the  said  company  to  erect  upon  a  part  of  this  block 
bounded  by  8t.  Joseph,  Water,  Pilie  and  Julia  streets, 
a  one-story  building  to  be  constructed  of  wood,  with  roof 
of  slate  or  other  fire-proof  material ;  such  building  to  be 
used  for  storing  and  cleaning  passenger  cars. 
Revocation.  ^j^^  ^888.  (2)  That  the  permission  granted  by  the 
foregoing  resolution  shall  continue  during  the  pleasure 
of  the  government  of  the  city  of  New  Orleans  for  the 
time  being,  and  the  said  company  is  hereby  bound  (and 
accepts  the  permission  on  this  condition)  to  remove 
said  building  within  sixty  days  after  being  notified  to 
do  so. 
Ferrv  landing.  Art.  1889.  (1)  That  pcmiission  is  hereby  granted  to 
^oni.No.,703,^j^^  New  Orlcaus,  Mobilc  &  Texas  Railroad  Company 
Aug.,  1872.  ^^  j^^^  ^|.  ^j^^  £^^^  ^^  Canal  street,  free  of  charges,  the 
steamer  Frances  or  any  ferryboat  belonging  to  said 
company,  connecting  with  their  railroad  depot  on  the 
west  bank  of  the  Mississippi,  for  the  purpose  of  receiv- 
ing or  landing  passengers  ;  provided,  that  the  company 
avails  itself  of  this  permission  in  such  a  manner  as  not 
to  obstruct  the  business  of  the  Vicksburg  packets  or 
other  boats  that  pay  regular  wharfage  dues ;  and  pro- 
vided further,  that  this  permission  is  subject  to  revoca- 
tion at  the  pleasure  of  the  Council. 
Branch  track.  Art.  1890.  (1)  That  the  New  Orleans  &  Mobile 
A.  s.*  °*  "^^  '  Railroad  Company,  trustees,  receivers,  its  successors 
and  assigns,  be  and  they  are  hereby  authorized  and  em- 
powered to  locate  and  establish,  and  thereafter  to  main- 
tain and  use  a  regular  track  with  all  its  switches,  turn- 
outs and  sidetracks  that  may  be  necessary,  according  to 
lines  and  levels  to  be  furnished  by  the  City  Surveyor, 
and  to  operate  the  same  by  steam  or  otherwise,  for  the 
transportation  of  merchandise  and  other  freight,  com- 


April,  1878. 


RAILROADS.  725 

mencing  at  a  point  at  or  near  the  head  of  Esplanade 
street,  thence  along  the  levee  front  to  a  point  at  or  near 
the  head  of  Clouet  street. 

Art.  1891.   (2)  That  this   right   of  way,    franchises  Term  of  grant, 
and  privileges  is  granted  for  a  term  of  twenty-five  years, 
with  the  privilege  of  an  additional  extension  of  twenty- 
five  years  on  the  conditions  following,  to-wit : 

Art.  1892.  (3)  That  the  said  New  Orleans  &  Mobile    condition  of 
Railroad  Company  shall  have  the  trafk  in  running  order 
by  the  first  day  of  October,  1878. 

Art.  1893.  (4)  That  said  company  shall  provide  suit-  crossings, 
able  crossings,  where  required,  for  the  passage  of  drays 
and  vehicles,  by  planking  to  the  full  length  of  its  cross- 
ties  such  portion  of  said  tracks  as  are  within  the  limits  of 
Esplanade  and  Clouet  streets,  except  at  the  intersection 
of  streets  that  are  paved  with  block  stone,  which  shall 
be  paved  between  the  tracks  and  three  feet  outside  of 
the  tracks. 

Art.  1894.  (5)  That  said  grantees  are  to  replace,  streets  and 
in  good  order  and  condition,  so  much  of  the  streets  or 
levee  as  may  have  been  disturbed  or  torn  up  by  the 
construction  of  said  railroad,  and  when  the  same  passes 
through  paved,  or  streets  which  may  hereafter  be  paved, 
the  said  company  shall  keep,  in  like  orderand  condition, 
a  space  of  five  and  one-half  feet  each  side  of  the  centre 
line  of  said  road.  All  work  shall  be  executed  under  the 
direction  of  the  City  Surveyor,  and  completed  to  the 
satisfaction  of  the  Administrator  of  Improvements. 

Art.  1895.  (6)  That  nothing  in  this  ordinance  con-  No  compro- 
tained  or  in  the  act  of  granting  or  accepting  it  shall  be 
construed  to  compromise,  settle,  or  in  any  manner  de- 
termine or  affect  the  various  questions  now  in  contro- 
versy or  suit  between  the  city  of  New  Orleans  and  the 
said  railroad  company,  and  neither  party,  so  far  as  those 
questions  are  concerned,  shall  be  benefited  or  prejudiced 
thereby. 

Art.    1896.    (2)  That  the   New  Orleans,    Mobile   &    Right  of  way. 

Ord.  No.  7009, 

Texas  Railroad  Company,  as  reorganized,  their  assigns  a.  s 
and   successors,  be  and  they  are   hereby  authorized  to 
construct,  maintain  and  use  in  the  same  manner  as  they 


726  RAILROADS. 

are  now  authorized  to  construct,  maintain  and  use  other 
portions  of  their  road,  the  tracks  shown  upon  the  map 
at  and  between  Poydras  and  Bienville  streets,  and  the 
requisite  right  of  way  therefor  along  and  across  streets 
is  hereby  granted  and  confirmed  to  the  said  New  Or- 
leans, Mobile  &  Texas  Railroad  Cornpany,  as  reorgan- 
ized, its  assigns  and  successors. 

When  the  new  tracks  are  constructed  that  part  of  the 
old  track  now  in  use  as  indicated  on  said  map.  and  be- 
tween said  streets,  Bienville  and  Poydras  streets,  shall 
be  removed  farther  away  from  the  bank  of  the  river  so 
as  to  enlarge  the  space  on  the  levee. 

^  Passenger de-  Art.  1897.  (3)  That  the  use  and  occupancy  of  a  cer- 
tain portion  of  ground,  situated  on  the  north  side  of 
Canal  street,  eighty  feet  wide  on  Canal  street  by 
two  hundred  and  sixty-seven  feet  long,  running  in 
parallel  lines  toward  Customhouse  street,  for  a  passen- 
ger depot  to  be  constructed  by  said  railroad  com- 
pany, according  to  the  plan  submitted  herewith,  is 
granted  to  said  New  Orleans,  Mobile  &  Texas  Rail- 
•road  Company,  reorganized,  its  assigns  and  successors, 
for  thirty  years,  with  the  privilege  of  renewal  for  a  like 
term,  the  city  will  immediately  have  removed  so  much 
of  the  present  structures  on  said  ground  as  the  railroad 
company  may  desire.  And  in  consideration  wherefor, 
said  railroad  company  agrees  and  binds  itself  jto  pave 
with  square  blocks  of  stone  the  space  of  ground  between 
the  north  end  of  said  depot  and  Customhouse  street, 
and  indicated  in  the  plan  heretofore  referred  to,  exclu- 

To  pave  street,  gjyg  ^f  ^}jg  portiou  already  paved ;  also  paving  a  street 
to  be  laid  off  on  the  river  side  of  said  depot,  thirty  feet 
wide,  extending  from  Canal  to  Customhouse  streets; 
also  the  lower  end  of  Canal  street,  opposite  the  south 
end  of  said  depot,  a  space  of  ground  80  by  100 ;  also  to 
pay  the  city's  proportion  of  price  for  paving  the  nortl^ 
side  of  Canal  street,  from  the  north  curbstone  of  sais 
street  to  the  neutral  ground  in  said  street,  extending 
far  up  as  Front  street,  being  a  space  of  about  300  f€ 
long  by  40  feet  wide,  whenever  the  property  holdel 
contiguous  to  the  same  shall  apply  for  the  pavement 


RAILROADS.  727 

said  latter  space  of  ground  and  pay  their  share  of  the 
price  for  the  same. 

Art.  1898.  (5)  That  nothing  in  this  ordinance  con- ^O'^^'^^^^'^^"*^ 
tained  or  in  the  act  granting  or  accepting  it  shall  be  con- 
strued as  affecting  any  other  grant  by  the  city  or  State, 
not  to  compromise,  settle,  or  in  any  manner  determine 
or  affect  any  question  now  in  controversy  between  the 
<iity  of  New  Orleans  and  said  railroad  company,  and 
neither  party,  as  far  as  those  questions  are  concerned, 
shall  be  benefited  or  prejudiced  thereby. 

Art.  1899.  (1)  Thatthe  Louisville  &  Nashville  Railroad    Rightof  way, 

Ord.  No.  7793, 

Company  and  its  successors  and  assigns,  be  and  are  hereby  a.  s, 
authorized  and  empowered  to  locate,  construct  and  main- 
tain an  extension  of  their  tracks,  together  with  the  nec- 
essary switches,  turnouts,  bridges,  sidings  and  struc-  • 
tures  of  every  kind,  approved  by  the  City  Surveyor  and 
City  Council,  and  appertaining  to  said  railroad,  from 
their  present  track  on  the  neutral  ground  on  Elysiau 
Fields  street,  at  the  intersection  of  said  street  with  Clai- 
borne street,  down  along  and  upon  Claiborne  street  to 
Lafayette  avenue,  thence  along  and  upon  Lafayette  ave-  Proviso, 
nue  to  Goodchildren  street,  or  St.  Claude,  thence  along 
and  upon  Goodchildren  street  or  St.  Claude,  between 
Piety  and  Independence  streets  to  the  Mississippi  river, 
with  the  right  to  extend  its  track  along  the  said  river 
front  from  the  lower  limits  of  the  city  to  the  upper  side 
of  Port  street,  to  connect  with  the  Belt  railroad ;  pro- 
vided, the  said  company  shall  keep  throughout  tieir 
length  and  breadth,  excepting  banquettes,  the  streets  and 
avenues  it  may  occupy  with  its  said  extension  tracks  at 
all  times  in  good  order  and  repair,  and  make  and  keep 
in  repair  all  necessary  culverts  for  the  passage  of  all 
rain  and  surface  water,  and  the  railroad  company  is  also 
to  plank,  according  to  specifications,  lines  and  grades  to^^^^^^^^  ^^^^^ 
be  furnished  by  the  City  Surveyor,  the  entire  streets  railroads, 
twenty-five  feet  in  width,  and  the  gutters  of  Claiborne 
street  and  the  said  street  to  be  selected  to  reach  the  Mis- 
sissippi river,  which  are  hereby  granted  to  the  Louis- 
ville &  Nashville  Railroad  Company  on  Claiborne 
street  and  other  streets  through  which  it  passes,  shall  not 


728  RAILROADS. 

exceed  twelve  feet  iu  width,  and  that  the  privileges 
herein  conferred  do  not  interfere  with  the  grants  made 
heretofore  by  the  State  of  Louisiana,  or  the  city  of  New 
Orleans,  to  other  railroad  companies,  and  that  the  City 
Surveyor  shall  first  locate  the  tracks  of  the  Northeastern 
Railroad  Company  on  that  portion  of  St.  Claude  street, 
occupied  by  both  railroads. 

Section   1,   amended   by  Ordinance-  Xo.   340,   Council   Series, 
adopted  June,  1883. 

Batture  and  Art.  1900.  (2)  That  Said  Louisville  &  Nashville  Rail- 
road Company,  its  successors  and  assigns,  shall  have  the 
right,  and  the  same  is  hereby  conferred,  to  occupy,  for 
its  purposes  and  uses,  six  hundred  (600)  continuous  feet 
of  that  portion  of  the  levee  and  batture  and  wharf  in 
♦  the  city  of  New  Orleans,  beginning  at  the  street  to  be 

selected  by  the  said  railroad  company,  and  extending 
said  distance  up  or  down  the  river  front ;  that  the  said 
railroad  company  shall  have  the  right,  and  the  same  is 
hereby  conferred,  to  erect  and  maintain,  at  their  own 
expense,  that  portion  of  the  levee  batture  and  wharf, 
such  ferry  facilities,  wharves,  terraced  bulkheads,  piles, 

buShtldl!  etc^  machinery,  elevators,  yards,  tracks,  depots,  stations, 
sheds  and  other  structures  as  shall  be  necessary  and 
convenient  for  the  transaction  of  its  business,  mainte- 
nance and  protection;  provided,  said  company  shall 
keep  said  wharves  and  terraced  bulkheads  in  repair  and 
construct  the  same  to  the  satisfaction  of  the  City  Sur- 
veyor. 

ofandrepaSr  ^^T.  1901.  That  the  Said  compauy  shall  replace  the 
wharves  constructed  by  the  city  and  occupied  by 
said  company,  at  such  points  as  may  be  designated 
by  the  Administrator  of  Commerce  and  Improvements 
Paving.  ^^^  ^^^  Qi^y  Surveyor,  and  shall  pave  Levee  street  with 
square  granite  blocks,  from  the  extremity  of  the  paving 
on  that  street,    or  from  Poland  street  to  the   Convent, 

Cobblestones,  thirty  fcct  in  width,  and  the  city  of  New  Orleans  shall 
be  entitled  to  all  the  cobble  stones  now  on  said  street, 
removed  by  the  said  Louisville  &  Nashville  Railroad 
Company,  between  Poland  street  and  the  Convent,  and 
the   said  company  shall    commence  the  construction   of 


RAILROADS.  729 

the  square  block  pavement  immediately  after  said  com-  ^en'tan'd  com- 
pany obtains  possession  of  the  six  hundred  feet  of  river  p'«''°"o*^'"'''- 
bank  and  levee  conceded  and  allowed  to  them  by  this 
ordinance,  and  continue  and  finish  the  same  within  one 
year,  and  the  said  company  shall  commence  the  con- 
struction of  the  planking  of  Claiborne  street  and  the 
street  selected  by  them  to  reach  the  river,  and  finish  the 
same  within  one  year  from  the  acceptance  of  this 
ordinance. 

Art.  1902.  (3)  That  no  vessel  shall  occupy  or  lay  at  wharves; oc- 
such  wharves,  discharge  or  receive  cargo  thereat,  with- 
out the  consent  of  said  company,  or  its  successors  or  as- 
signs, and  all  vessels  lying  at  and  using  said  wharf  by 
consent  of  said  company,  and  on  the  business  of  said 
company,  shall  be  exempt  from  the  payment  of  levee  or 
wharf  dues  to  the  city  of  New  Orleans,  said  wharves 
and  other  structures  to  be  well  lighted  and  policed  by  Lighting  and 
the  said  company,  at  its  own  expense,  to  the  satisfaction 
of  the  Administrators  of  Police  and  Commerce,  and  the 
City  Surveyor. 

Art.  1903.  Any  vessel  lying  at  said  wharves  with  the  wharfdues, 
consent  of  said  company,  but  not  on  its  business,  nor 
for  the  purpose  of  receiving  or  discharging  freight  or 
passengers  to  or  from  said  company  as  a  carrier,  shall 
pay  usual  wharfage  dues  to  the  city;  provided,  that  no wharnessee. ° 
wharf  privileges  herein  granted  shall  go  into  efllect 
until  the  consent  of  the  present  wharf  lessee  is  obtained. 

Art.  1904.  (4)  That  all  rights  and  privileges  granted  Discrimination 
by  this  ordinance  are  upon  the  express  condition  that 
in  the  transportation  of  freight  over  the  Louisville  & 
Nashville  Railroad ,  there  shall  be  no  unjust  discrimina- 
tion in  the  rate  of  charges  to  New  Orleans,  but  it  is  not 
intended  by  this  section  to  deprive  said  company  of  the 

•    1  ,  ,  ,  ,  „      .    ,         Rate  per  ton 

right  to  charge  the  same  rate  per  ton  per  mile  on  freight  per  miie. 
that  may  be  charged  on  any  other  railroad  running  into 
the  city  of  New  Orleans ;  and  also  on  the  ^^xpress  condi- 
tion that  all  the  obligations  imposed  by  this  ordinance 
on  the  said  company  shall  be   complied  with  in  good  when  void, 
faith,  and  the  failure  or  neglec.t  to  do  so  shall  render  all 


730  RAILROADS. 

the  grants,  rights  and  privileges  conferred  on  said  com- 
pany by  this  ordinance  null  and  void. 

Right  of  way  on  Claiborne  street  under  Ordinances  Xos.  472, 
772  and  1470,  X.  S.,  repealed  by  Ordinance  No.  2085,  C.  S. 

Use  of  ciai-     Art.  1905.  Whcrcas,  the  Louisville  &  Nashville  Rail- 

norne  street  de-  ' 

ouJ^*^  ^^"^^^'  road  Company  are  now  laying  tracks  upon  Claiborne 
^ord.  No.  4so6,  street  and  propose  to  use  the  same  as  a  general  belt  for 
May  13, 1890.  their  own  use,  and  the  use  of  any  other  roads  centring 
here  without  authority  from  this  Council,  and  entirely 
under  the  claimed  right  of  an  act  of  the  General  As- 
sembly of  the  State  of  Louisiana,  this  Council  hereby 
declares  that  the  above  use  of  Claiborne  street  is  against 
the  interest  of  this  city  and  dangerous  to  the  lives  of 
its  people,  and  of  great  danger  to  the  value  of  the 
property  adjacent  thereto ;  therefore  be  it 

Resolved,  That  his  Honor  the  Mayor  be  and  he  is 
hereby  requested  and  directed  to  convey  the  full  facts 
of  the  same  to  his  Honor  the  Grovermor  of  the  State  of 
Louisiana,  and  urgently  request  that  he  recommend,  in 
the  interest  of  the  people  of  this  city,  to  the  General 
Assembly  of  the  State  of  Louisiana,  the  repeal  of  any 
and  all  grants  now  claimed  by  the  Louisville  «&  Nash- 
ville Railroad  Company  upon  Claiborne  street,  and  that 
his  Honor  the  Attorney  General  of  the  State  of  Louis- 
iana take  such  action  in  the  premises  as  in  his  judgment 
may  best  accomplish  the  object  of  this  resolution  of  the 
Council. 

Rearrange-  Art.  1906.  That  the  bluc  print  plans  showing  thc  cou- 
"ord.°No!  933'i  structiou  of  a  certain  proposed  track  and  the  rearrange- 
june  26, 1894.  ment  of  certain  existing  tracks  by  the  Louisville  & 
Nashville  Railroad  Company  on  the  levee,  between 
Lafayette  and  Calliope  streets,  prepared  and  submitted 
by  the  City  Engineer,  are  hereby  approved,  and  be  it  re- 
solved, that  the  Louisville  &  Nashville  Railroad  Com- 
pany may  construct  the  said  track  and  rearrange  the 
said  existing  tracks,  and  that  the  City  Engineer  be  and 
is  hereby  authorized  to  furnish  the  said  Louisville  & 
Nashville  Railroad  Company  with  lines  and  levels  for 
the  same  in  accordance  with  the  said  blue  print  plans. 


RAILROADS.  731 


morgan's     LOUISIANA    &     TEXAS    RAILROAD     &    STEAMSHIP 
COMPANY. 

Art.  1907.  (1)  That  one  hundred  and  twenty-five  feet  Ferry  and  land- 
of  the  Mississippi  river,  commencing   at  the  lower  side  'cfrd."Nof  7^* 
of  the  ferry  landing  at  St.  Ann   street,  extending  down    Dec.,  1867, 
with  the  landing,  be  and  the  same   is   hereby  set  apart 
and  appropriated  for  the  use  of  the  Xew   Orleans,  Ope- 
lonsas  &  Great  Western   Railroad  Company,  for  freight 
and  ferry  purposes ;  the  said  company  to  make  and  con- 
struct all   improvements   and   keep   same   in   repair  at 
their  own  expense. 

Art.  1908.  (1)  That  Charles  Morgan,  or  whoever mav^  Additional 

^     ^  o        '  .-    ferry  privileges 

be  now  or  hereafter  ill  rightful  possession  of  the  rail-  o^d- No.  1038, 
road  built  and  now  in  operation,  from  New  Orleans  to  Aug.,  1871. 
Berwick's  Bay,  formerly  known  as  the  New  Orleans, 
Opelousas  &  Great  Western  Railroad,  now  called  Mor- 
gan's Louisiana  &  Texas  Railroad,  is  authorized  to  use 
so  much  of  the  river  front  and  batture,  commencing  at 
the  upper  line  of  Marigny  street  and  extending  up  the 
river  front,  as  may  be  necessary  for  a  ferry  landing  for 
boats  to  land  bow  on,  and  load  and  receive  loaded  or 
empty  railroad  cars,  not  to  exceed  four  hundred  feet  of 
said  river  front,  and  to  lay  such  tracks,  sidetracks, 
switches  and  turnouts  as  he  may  require  for  loading  and 
unloading  freight  on  the  space  of  levee  or  batture  front, 
commencing  at  the  aforesaid  upper  line  of  Marigny 
street  and  extending  up  to  the  lower  line  of  Barracks 
street,  and  from  the  river  to  the  street. 

Art.  1909.  (2)  That  the  said  railroad  proprietor  may    connection 

•in         X-..1         J        •         T^'i  T  -I  '         .       ^'^''th  Ponichar- 

connect  with  the  Pontchartrain  Railroad,  and  use  the  train  Railroad, 
track  of  said  railroad,  with  the  consent  of  that  company, 
on  the  levee  or  Champs  Elysees  street;  provided,  thnt 
all  wharves  and  landings  embraced  in  the  said  seven 
hundred  feet,  except  that  used  for  ferry  landing  of 
boats,  shall  be  open  for  the  landing  of  vessels  at  the 
wharves,  and  the  discharge  of  cargoes  on  said  space, 
subject  to  present  city  ordinances. 
Art.  1910.  (3)  That  said.  Charles  Morgan  be  and  he 


732  RAILROADS. 

to^oTd^an'dTn- ^^  hereby  authorized  and  empowered  to  counecthis  ferry 
load  cars.  landiug  and  batture  by  means  of  a  track  with  the  small 
square  of  ground  bounded  by  St.  Ann,  St.  Peter  and 
Peters  streets,  and  the  track  of  the  Pontchartrain  Rail- 
road Company,  which  small  square  of  ground  Mr.  Mor- 
gan now  occupies.  And  for  the  objects  herein  named, 
Charles  Morgan  shall  have  the  right  to  use  at  all  times 
steam  power  to  load  and  unload  cars,  to  switch,  to  move 
and  to  propel  his  cars  and  trains ;  provided  further, 
that  the  city  may  annul  this  privilege,  or  any  part  of  it, 
and  order  the  removal  of  all  works  or  tracks  made 
or  laid  under  this  ordinance,  upon  giving  six  months' 
notice  and  paying  the  cost  of  the  works  and  tracks  ; 
otherwise  the  grant  shall  continue  ten  years. 
Ferry  land-      Art.  1911.  (1)  That  thc  Morgau,  Louisiaua &  Texas 

ing,  depots  and  .  o        7 

tracks.  •  Railroad   &    Steamship    Company   be    and    they     are 

Ord.  N0.601S, ,        ,  ,.-,-,  -.  ■, 

A.a.  hereby  authorized  and  empowered  to  locate,  construct, 

maintain  and  use  for  the  passage  of  engines  and  passen- 
ger and  freight  cars,  etc.,  all  tracks,  curves  and  switches 
necessary  for  the  transaction  of  the  business  of  the  com- 
pany on  the  river  front  of  the  city,  within  the  following 
limits :  Commencing  at  the  upper  line  of  Marigny  street 
and  extending  up  the  river  front  and  along  the  river  to 
the  upper  line  of  Barracks  street,  and  running  back  to 
Levee  or  Peters  street,  and  at  upper  line  of  Barracks 
street  to  connect  with  the  tracks  now  belonging  to  said 
Morgan  Company,  and  acquired  through  Charles  Morgan 
from  the  Pontchartrain  Railroad  Company,  and  also  to 
construct  tracks  to  connect  with  their  depots,  warehouses 
and  other  places;  provided,  that  no  other  tracks  in  ad- 
dition to  those  now  in  existence  shall  be  laid  on  the 
levees  between  Hospital  and  Julia  streets. 
Depots,  ware-  Art.  1912.  (2)  That  f Or  the  accommodation  of  pas- 
sengers and  for  the  storing  of  freight,  etc.,  said  Morgan 
Company  is  hereby  authorized  and  empowered  to  con- 
struct, locate,  maintain  and  use,  on  the  land  bounded 
by  the  upper  line  of  Marigny  street,  the  river,  the  lower 
line  of  the  upper  division  of  Elysian  Fields  street, 
depots,  warehouses,  turntables  and  all  buildings  and 
constructions  necessary   and  proper  for  the  transaction 


RAILROADS.  733 

of  their  business,  as  per  plans  and  speoiflcations  to  be 
agreed  upon  and  adopted  by  bhe  Council  of  the  city  of 
New  Orleans. 

Art.  1913.  (3)  That  all  of  that  portion  of  the  "ver^J^e^'^yboat 
front  between  the  extension  of  the  upper  line  of  Ma- 
rigny  street  and  the  extension  of  the  upper  line  of  Bar- 
racks street,  with  the  use  in  connection  therewith  of  the 
land  back  to  Levee  and  Peters  streets,  is  hereby  set 
apart  as  a  landing  for  the  exclusive  use  of  the  ferry- 
boats and  barges  owned  by  said  Morgan  Company,  run- 
ning as  part  of  and  in  connection  with  said  railroad 
and  used  for  ferries  or  carrying  freight  for  said  railroad 
(provided,  no  steamship  or  other  sea-going  vessels  shall 
land  at  said  wharf  without  paying  wharfage)  ;  and  said 
company  is  authorized  to  build  within  said  limits  and  to 
maintain  (provided  it  be  done  at  their  own  expense)  for 
their  exclusive  use,  under  the  direction  and  supervision 
of  the  Administrator  of  Commerce  and  Improvements 
and  the  City  Surveyor,  and  as  per  plans  and  specifica- 
tions to  be  adopted  by  the  Council  of  the  city  of  New 
Orleans,  all  wharves,  landmgs  and  other  constructions 
necessary  and  proper  to  facilitate  the  safe  and  con- 
venient landing  of  the  said  ferries,  etc.,  and  in  such 
manner  as  will  enable  them  to  land  and  receive  their 
trains  of  cars ;  and  they  are  authorized  and  empowered 
to  use  any  number  of  ferryboats  and  cross  the  river, 
and  continue  the  use  of  their  ferry  landing  on  the  right 
bank  of  the  river,  and  unite  their  depots  on  both  sides 
of  the  Mississippi  river  by  such  vessels  and  in  such 
manner  as  may  be  necessary  to  make  a  safe  and  con- 
venient transit  of  their  cars  and  freight  and  passengers. 

Art.  1914.  (4)  That  said  Morgan  Company  are  hereby  To  connect 
authorized  and  empowered  to  connect  the  tracks  laid  and  tracks, 
to  be  laid  by  them,  as  aforesaid,  with  those  of  the  New 
Orleans  &  Jackson  and  Mobile  Railroads,  and  to  connect 
this  new  landing  and  the  grounds  now  occupied  by  them 
at  and  near  St.  Ann  street ;  provided,  that  nothing  iii 
this  section  shall  be  construed  as  right  or  permission  to 
increase  number  of  tracks,  as  now  limited  by  section  1 
of  this   ordinance,  and   they   are   authorized   to  do  all 


734  RAILROADS. 

things  necessary  and  proper  to  enable  them  to  use  the 
grants  made  in  this  ordinance,  and  which  are  necessary 
to  the  powers  herein  granted.  That  within  the  limits 
hereinabove  named,  from  Marigny  to  Barracks  streets, 
there  shall  be  no  restrictions  as  to  the  number  of  sidings 
and  switches  to  be  laid  and  used  by  said  railroad  com- 
pany ;  the  tracks  along  the  levee  to  be  laid  under  the 
supervision  and  instructions  of  the  City  Surveyor  and 
Administrator  of  Commerce  and  Improvements ;  and 
provided,  further,  that  no  tracks  additional  to  those  now 
in  existence  shall  be  laid  on  the  levee,  between  Hospital 
and  Julia  streets. 
^^Extension  of  ^RT.  1915.  (5)  That  if  Said  Morgan  Company  shall 
hereafter  acquire  the  ownership  of  the  lots  bounded  by 
Marigny,  Mandeville  and  Levee  streets  and  the  river 
front,  then  the  said  company  shall  have  the  right  to  ex- 
tend their  tracks  into  and  in  front  of  said  lots,  in  such 
manner  as  to  connect  said  property  with  their  landings, 
and  their  depots  and  warehouses,  and  also  build  depots 
on  said  lots ;  provided,  that  nothing  in  this  section  shall 
be  construed  as  giving  said  company  the  right  to  obstruct 
or  close  Marigny  street. 
Terms  and     ^RT.  1916.  (6)  That  the  rights   herein   granted  for 

conditions      o  t  ^     '  »  ,  « 

grant.  railroad  tracks,  curves  and  switches,  depots  and  ware- 

houses, and  landings  and  wharves,  and  which  are 
hereinbefore  more  specially  named,  are  granted  so  long 
as  the  same  shall  be  used  by  the  Morgan  Company,  or 
by  their  assigns,  vendees  or  successors,  for  railroad  pur- 
poses, for  and  not  to  exceed  a  term  of  thirty  years,  and 
are  granted  for  the  consideration  named  in  this  contract ; 
provided. 

To  run  ferries.  («)  That  for  and  in  consideration  of  all  of  the  above, 
the  said  Morgan  Company,  their  assigns  and  successors, 
shall  construct,  establish,  run  and  maintain  a  ferry  or 
ferries  to  ply  between  the  landings  herein  granted  and 
their  depots,  on  the  right  bank  of  the  Mississippi  river, 
with  the  means  and  appliances  for  carrying  passengers, 
freight,  and  loaded  and  unloaded  cars  across  the  river. 
Extension  of  (&)  That  Said  Morgan  Company  bind  themselves  to 
build,  or  have  built,  and  complete  within  the  time  stipu- 


RAILROADS.  735 

lated  in  their  charter,  a  railroad  extending  from  Berwick 
Bay  to  the  Sabine  river,  to  connect  at  that  point  with  the 
road  now  rnnning  from  the  Sabine  river  to  Houston, 
Texas,  there  to  connect  with  the  Houston  &  Texas 
Central  Railway  and  other  roads  running  from  that 
point  to  north  and  west  Texas ;  otherwise  this  ordinance 
to  be  null  and  without  force  or  effect. 

(c)  That  the   said   Morgan  Company   obligate  tiiem- pTo^e^move 
selves,  at  their  own  expense,  to  remove  Port  Market  and  ^ndHope  Hook 

'  ^  '  and  LadderNo. 

rebuild  the  same  on  such  lots,  to  be  purchased  by  said  3  buildings, 
company,  at  their  expense,  as  the  city  shall  designate ; 
also,  at  the  expense  of  the  said  company,  to  remove  and 
rebuild  the  building  now  occupied  by  the  Hope  Hook 
and  Ladder  Company  No.  3,  to  be  placed  on  some  lot  of 
equal  value  in  the  vicinity,  to  be  purchased  by  the  Mor- 
gan Company.  Said  buildings  to  be  built  in  accordance 
with  plans  and  specifications  to  be  furnished  by  the  City 
Surveyor  and  under  the  supervision  and  instructions  of 
the  Administrator  of  Waterworks  and  Pablic  Build- 
ings. 

(d)  That  said  Morgan  Company  shall  remove  and  re-    to  remove 
build,  at  their  own  expense,  and  at  such  place  as  shall  be  wharves, 
designated  by  the  Administrator  of  Commerce   and  Im- 
provements and  the  City  Surveyor,  the  wharf  at  the  foot 

of  Esplanade  street,  now  used  as  a  steamship  landing; 
also,  at  the  expense  of  said  company,  the  Third  District 
ferry  wharf ;  and  also,  any  and  all  other  wharves,  of 
the  use  of  which  the  city  of  New  Orleans  may  be  de- 
prived by  the  laying  of  tracks  or  building  of  depots  of 
said  company. 

(e)  That  if  an  arrangement  be  made  satisfactory  to 
Henry  Ellerman,  wharf  lessee,  and  said  Morgan  Com- 
pany, rendering  the  removal  of  said  wharf  unnecessary, 
then  the  said  Morgan  Company  shall  not  be  required  to 
remove  said  wharf  and  may  retain  the  use  of  the  same. 

(/)  That  if  the  said  Morgan  (Company  fail  to  make  an 
arrangement  with  said  wharf  lessee,  or  legally  acquire  a 
right  to  the  use  of  said  wharf,  then  they  shall  not  use 
said  wharf  or  interfere  with  its  use  until  the  expiration 
of  the  lease  of  said  lessee,  w^hich  expires  in  1881. 


736  RAILROADS. 


Wharves  tobe      (g)  That   Said   Morffan    Company  bind    themselves, 

maintained  in-  .  .  jr        ./  7 

good  order.  their  assigns  and  successors,  at  their  own  expense,  to 
maintain  in  good  order  the  wharves  on  the  river 
front,  the  exclusive  use  of.  which  is  hereby  granted  to 
said  company  ;  they  also  bind  themselves  to  conform  to 
the  grades  and  limits  to  be  established  by  the  City  Sur- 
veyor and  Administrator  of  Commerce  and  Improve- 
ments in  the  construction  of  the  railroad,  tracks, 
switches  curves,  depots,  warehouses,  platforms,  etc. ; 
also,  to  do  whatever  is  necessary  in  the  laying  down  of 
the  tracks  to  prevent  the  disturbance  of  drainage  or 
impeding  unnecessarily  the  passage  of  vehicles  or  pass- 
engers through  the  streets.  And  they  further  bind 
themselves  to  repair  and  keep  in  repair  all  streets,  cross- 
ings, bridges  and  thoroughfares  in,  over  and  through 
which  their  tracks  run  or  may  run  under  this  ordinance. 
Prohibition  of     Art.  1917.  (8)  That  no  future  administration  of  the 

or7m\°n'S*'""^city  of  New  Orleans  shall  have  the  right  to  pass  any 
tnne',%\^g.  Ordinance  or  ordinances  which  shall  conflict  with  this 
ordinance,  except  that  in  case  another  railroad  company 
connecting  this  city  with  Texas  shall  desire  the  use  of 
the  depot  and  tracks  laid  down  by  the  Morgan  Company 
between  Barracks  and  Marigny  streets,  the  City  Council 
reserves  the  right  to  grant  said  railroad  company,  with 
the  consent  of  the  Morgan  Company,  the  privilege  to 
use  said  depot  and  tracks,  after  payment  to  the  Morgan 
Company  of  a  proportionate  share  of  the  expenses  of 
erecting  said  depot  and  laying  said  tracks,  the  same  to 
be  ascertained  by  two  experts,  one  representing  the 
Morgan  Company  and  one  representing  the  other  rail- 
road company,  'and  in  case  of  non-agreement  the  city  to 
appoint  a  third  party,  whose  decision  shall  be  final. 
Extension  of     Art.  1918.  (7)  That  the  lease  and  grant  of  the  ferry 

^'^°^'  lb.  and  landings  at  and  near  the  foot  of  St.  Ann  street,  as 
per  Ordinance  No.  2290,  Old  Series,  approved  July  10, 
1855,  and  Ordinance  799,  New  Series,  approved  Decem- 
ber 16,  1867,  and  other  ordinances  and  statutes,  now 
held  by  Morgan's  Louisiana  &  Texas  Railroad  & 
Steamship  Company,  be  and  the  same  are  extended  for 
thirty  years  from  approval  of  tliis  ordinance  :  provided. 


RAILROADS,  737 

that  nothing  herein  contained  shall  be  construed  as  pro- 
hibiting the  city  of  New  Orleans  from  selling  and  grant- 
ing the  ferry  privilege  at  the  head  of  St.  Ann  street, 
known  as  the  Second  District  Ferry,  and  now  under 
lease  to  J.  T.  Burdeau,  reserving  to  the  railroad  company, 
however,  the  full  and  undisturbed  use  of  the  wharf  at 
which  said  ferry  now  lands,  and  which  the  said  railroad 
company  is  to  obligate  itself  to  keep  in  repair;  the 
lessee  of  said  Second  District  Ferry  to  keep  in  repair 
the  necessary  passenger  and  vehicle  gangways  used  by 
the  said  ferry  and  connected  with  said  wharf. 

Art.  1919.  (9)  That  the  City  Surveyor  be  and  he  is   city  Surveyor 

^     ^  ''  •'  toprepare 

hereby  directed  to  prepare  plans  at  the  expense  of  said  plans, 
(tompany,  representing  the  grounds,  streets  and  land- 
ings, etc  ,  the  use  of  which  is  granted  to  said  Morgan 
Company  by  this  ordinance,  which  plans,  after  approval 
of  City  Council,  shall  be  deposited  in  the  office  of  the 
City  Surveyor,  and  shall  be  used  for  the  purpose  of  ac- 
curately describing  the  extent  of  the  grant  herein  made. 

Art.  1920.  (1)  That  the  said  Morgan's  Louisiana  &    r^ ^  arrange 
Texas    Railroad    &    Steamship   Company,    under    the'^^'j^^^^  ^^, 
direction  of  the  Administrator  of  Commerce  and  lm--^-^jjg  ^g 
prove ments  and  the  City  Surveyor,  to  so  arrange  their 
landings  as  to  permit  the  stern  of  their  boats  to  project 
seventy-five  (75)  feet  below  the  lower  line  of  Marigny 
street;    provided,   that  the  said  Morgan's  Louisiana  & 
Texas  Railroad  &  Steamship   Company  shall   rebuild, 
at  their  own  expense,  at  such  points  as  may  be  desig- 
nated by  the  Administrator  of  Commerce  and  Improve- 
ments and  the  City  Surveyor,  any  and  all  wharves  of  the 
use  of  which  the  city  of  New  Orleans  may  be  deprived 
l^y  the  granting  of  the  above  privilege. 

Art.  1921.   (10)  Any  material  violation  of  the  fore-    penalty, 
going  provisos  shall  act  as  a  forfeiture  and  annulment  ^^^-  ^°-  ^'5' 
of  all  the  rights  and  grants  made  under  this  ordinance,    J"°e. 'S79. 
and  it  shall  not  be  necessary  for  the  city  of  New  Orleans 
to  put  said  company  in  default  as  per  Article  1911,  Civil 
Code. 

Art.  1922.  Whereas,    Morgan's  Louisiana  &  Texas 
Railroad   «&    Steamship  Company    by    Ordinance    No. 


738  RAILROADS. 

6015,  Administration  Series,  and  other  ordinances  and 
statutes,  have  a  lease  of  the  landings  at  and  near  the 
foot  of  St.  Ann  street,  and.  under  several  ordinances 
and  acts  have  for  many  years  occupied  the  tract  of  land 
in  front  of  Jackson  Square,  bounded  by  St.  Ann,  De- 
catur (or  Old  Levee)  and  St.  Peter  streets,  and  the 
Levee  (or  Clay  street),  being  about  three  hundred  and 
fourteen  feet  in  length  and  one  hundred  and  twenty  feet 
in  depth,  and  have  applied  for  a  lease  of  said  tract  of 
land  for  a  terra  of  years. 
^^Lease  and  Art.  1923.  (1)  That  Said  descHbed  tract  of  land  be 
^Ord.  No.  6173,  and  the  same  is  hereby  leased  to  said  Morgan  Company 

for  the  term  of  fifty  years. 
Consideration,     j^jjrp^  1924.   (2)  For  aud  in  consideration  of  said  lease 
the  said  company  ^hall  pay  in  cash  the  sum  of  thirty- 
five  thousand  dollars. 
Tracks  and     Art.  1925.  (3)  The  railroad  tracks  as  now  laid  by  said 
company  in  front  of  said  tract  of  land    shall  not  be  dis- 
turbed by  the  city  during  this  lease. 
Buildings.         Art.  1926.  (4)  The  said  company  shall,  during  said 
lease,  have  the  right  to  erect  buildings  of  brick,  or  brick 
and  wood,  or  wood  only;  provided,  the  roof  be  of  incom- 
bustible material, 
imorovement     Art.  1927.  (5)  At  thc   cxpiratiou  of   said   lease  the 

to  revert  to  the  .  i  ■ , 

city.  improvements  on  said  property   shall  revert  to   the  city 

of  New  Orleans,  at  a  price  to  be  fixed  by  a  majority  of 
three  commissioners,  one  to  be  selected  by  the  city,  one 
by  said  company,  and  one  to  be  selected  by  the  said  two 
commissioners. 
Po/t  Market.     Art.  1928.  Whereas,    Sectiou    six    (6),    paragraph 

Ord.  No.  7943,  '  k     /f      f         ^       t 

A-s.  three  (3),   of  Ordinance  6015,  A.  S.,  provides  for  a  re- 

July  I  J,  18S2.  V     /'  ?  '   r- 

newal  and  rebuilding  of  Port  Market  at  the  expense  of 
Morgan's  Louisiana  &  Texas  Railroad  &  Steamship 
Company  upon  such  lots  to  be  purchased  by  said  com- 
pany as  the  city  shall  designate ;  and  whereas,  said 
obligation  of  said  Morgan's  Louisiana  &  Texas  Rail- 
road &  Steamship  Company  was  subsequently,  at  the 
Two  markets,  requcst  aud  instance  of  the  city,  so  modified  as  to  pro- 
vide for  the  building  of  two  markets  at  points  desig- 
nated by  the  city;  and  whereas,  said  Morgan's  Louisiana 


RAILROADS.  739 

&  Texas  Railroad  &  Steamship  Company  has  in  execu- 
tion of  its  said  obligations  aforesaid  under  said  Or- 
dinance 6015,  A.  S.,  built  the  Delamore  and  Guillotte 
Markets  in  accordance  with  plans  and  specifications  fur- 
nished by  the  City  Surveyor,  and  under  the  supervision 
and  instructions  of  the  Administrator  of  Waterworks 
and  Public  Buildings ;  and  whereas,  the  lots  on  which  ,^?,^^t*  ""  °  ■■  ^ 
Delamore  Market  is  built  already  belong  to  the  city ;  and 
whereas,  it  is  desirable  that  the  assent  of  the  Council  to 
said  modification  of  said  obligations  of  said  company, 
and  its  satisfaction  with  said  modified  agreement  and 
with  the  manner  in  which  the  same  has  been  executed,  com^fctf^'"^ 
should  be  placed  of  record. 

Art.  1929.  (1)  That  the  city  of  New  Orleans,  through  GuiUoue  and 
its  Common  Council,  recognizes  and  acknowledges  that  j^e4^™°'^^^^'^ 
said  Morgan's  Louisiana  &  Texas  Railroad  &  Steam- 
ship Company  has  built  said  Guillotte  and  Delamore 
Markets  in  accordance  with  the  wishes  of  this  Council, 
and  with  plans  and  specifications  furnished  by  the  City 
Surveyor,  and  under  the  supervision  and  instructions  of 
the  Administrator  of  Waterworks  and  Public  Build- 
ings, and  hereby  accepts  and  admits  possession  of  said 
markets. 

Art.  1930.   (2)  That  the  said  city,  through  this  Coun-    obligations 

^     ^  -^  '  °  ^  complieU    with. 

cil,  acknowledges  that  it  has  received  payment  of  the 
sum  of  nine  hundred  dollars  in  cash  from  said  Morgan's 
Louisiana  &  Texas  Railroad  &  Steamship  Company,  in 
lieu  and  stead  of  and  as  an  equivalent  of- the  obligations 
of  said  company,  to  buy  a  site  for  Delamore  Market. 

Art.  1931.  (3)  That  in  consequence  of  the  payment  of 
said  price  and  the  execution  that  has  been  made  to  it  of 
a  full  and  perfect  title  to  the  lots  upon  which  Guillotte 
Market  is  located,  this  Council  and  the  city  of  New  Or- 
leans admits  that  said  Morgan's  Louisiana  &  Texas  Rail- 
road &  Steamship  Company  has  fully  complied  with 
all  its  obligations  under  said  section  six  (6)  and  para- 
graph three  (3)  of  Ordinance  6015,  A.  S.,  and  has  be- 
come fully  entitled  to  all  the  benefits  and  advantages  by 
said  section  six  (6),  paragraph  three  (3),  of  Ordinance 
6015,  upon  it  conferred  in  so  far  as  the  site  of  said  Port 
Market  is  concerned. 


740  RAILROADS. 

Notarial  act.  Art.  1932.  (4)  That  the  Mayor  be  and  is  hereby 
authorized  to  execute  a  notarial  act  setting  forth  and 
admitting  the  facts  aforesaid,  and  acknowledging  title 
in  the  name  and  on  behalf  of  the  city,  to  lots  upon  which 
said  Guillotte  Market  'n^  located ;  and  in  said  act  to  de- 
clare and  admit  on  behalf  of  said  city  that  said  Morgan's 
Louisiana  &  Texas  Railroad  &  Steamship  Company  is 

Occupancy  of  i        •    i        i  •     i  n  -,  ^        -J 

site  o  t  Port  vested  With  the  right  of  use  and  occupancy  of  the  site 
of  said  Port  Market  for  the  full  term  of  thirty  years, 
as  set  forth  and  stipulated  in  said  Ordinance  6015  afore- 
said; and  further,  to  declare  that  said  company  has  fully 
complied  with  all  its  obligations  under  said  section  6, 
paragraph  3,  Ordinance  6015,    save  as   to   the   removal 

Proviso.  and  rebuilding  of  the  building  now  occupied  by  Hope 
Hook  and  Ladder  Fire  Company  No.  3  ;  provided,  that 
nothing  in  this  ordinance  shall  be  so  construed  as  to  re- 
lieve the  company  from  any  other  duties  or  obligations 
to  the  city  under  said  Ordinances  6015  and  6021,  A.  ri. 

Switch  Art.  1933.  (1)  That  Ordinance  No.  6015,  Administra- 

^or^d.  No.  7993,^^^^  Scries,  approved  June  17,  1879,  be  amended,  and 

Aug.  ,1  2.  ^^^^  ^^^  Morgan's  Louisana  &  Texas  Railroad  &  Steam- 
ship Company  be  authorized  and  empowered  to  construct 
a  switch  of  the  same  gauge  as  that  of  the  Louisville  & 
Nashville  Railroad,  about  eighteen  feet  outside  of  or  on 

Location  and  the  rivcr  side  of  the  Louisville  &  Nashville  track,  from 
t;onnection.  about  mid  Way  between  the  prolongation  of  Barracks  and 
Esplanade  streets  to  a  point  about  twenty-five  feet  from 
the  prolongation  of  the  upper  line  of  St.  Ann  street, 
connecting  the  same  with  the  main  track  of  the  Louis- 
ville &  Nashville  Railroad  Company  at  that  point. 

Authorization     ^j^rp   ^934    (2)  That  whcu  this  switch  be  thus  con- 
by  the  Coun-  '^     ' 

cii  relative  to  g^j.yp^e(j  the  Morgau's   Louisiana  &  Texas  Railroad  & 

exchange    of  » 

switches.  Steamship  Company  be  authorized  and  directed  to  enter 
into  a  contract  with  the  Louisville  &  Nashville  Railroad 
Company  by  which  they  may  exchange  said  switch  with 
the  Louisville  &  Nashville  Railroad  Company  (midway 
between  the  prolongation  of  Barracks  and  Esplanade 
streets  to  the  prolongation  of  the  upper  line  of  St.  Ann 
street),  for  the  present  track  of  the  Louisville  &  Nash- 
ville Railroad  between  said  points,  connect  above  and 


RAILROADS.  741 

below  with  the  other  tracks  of  the  Morgan's  Louisiana 
&  Texas  Railroad  &  Steamship  Company,  and  with  their 
tracks  and  rij^lit  of  way  purchased  by  them  from  the 
Louisville  &  Nashville  Railroad  Company,  by  act  passed 
before  Andrew  Hero,  Jr.,  notary  public,  November  18, 
1881,  and  thus  enable  them  to  run  their  trains  over  the 
whole  united  lines. 

Art.  1935.   (3)  In  order   the    more   conveniently  to  waiting  room 

'or  transfer 

make  transfer  of  passengers  and  baggage,  the  Morgan's  shed. 
Louisiana  &  Texas  Railroad  &  Steamship  Company 
and  the  Louisville  &  Nashville  Railroad  Company 
are  authorized  to  erect  a  waiting-room  or  transfer  shed, 
thirty  feet  wide,  adjoining  the  said  newly-constructed 
switch,  commencing  about  the  extension  of  the  upper 
line  of  Barracks  street  and  extending  upward  one  hun- 
dred feet. 

Art.  193G.   (4)  That  Morgan's    Louisiana  &  Texas 

,..,  Constructiorv 

Railroad  &  Steamship  Company  be  and  it  is  hereby  of  switch, 
authorized  and  empowered  to  construct,  and  thereafter 
vise,  own  and  maintain,  for  the  purposes  of  its  business, 
a  switch  or  turnout,  commencing  at  a  point  on  its  main 
line  about  fifteen  feet  below  the  upper  line  of  Gravier 
street  and  extending  along  and  on  the  levee  or  batture 
to  and  recross  Poydras  street,  and  into  its  depot,  at  such 
point  or  points  most  convenient  to  said  company,  and 
there  connecting  with  its  tracks. 

Art.  1937.  And  for  the  above  privileges  and  grants  L^^gg  ^^^p^^i^^ 
said  company  shall  keep  in  good  order  and  repair  so 
much  of  the  batture  or  levee  aforesaid  as  lies  between 
Delta  street  and  the  switch  or  turnout  aforesaid,  and 
shall,  at  its  own  expense,  pave  with  square  block  granite, 
and  for  its  entire  width,  so  much  of  Poydras  street  as 
fronts  on  its  depot,  to-wit :  a  front  of  120  feet  by  a 
width  of  41  feet;  and,  in  addition  thereto,  said  company 
shall  construct  a  brick  sidewalk  in  front  of  its  depot  on 
Poydras  street,  from  Delta  to  Water  streets.  And  said 
company  shall  also,  at  its  own  expense,  and  in  consider- 
ation of  the  aforesaid  grants  and  privileges,  properly 
construct,  under  the  direction  and  specifications  of  the 
City  Surveyor,  a   bulkhead,    commencing  at  the  upper 


742  RAILROADS. 

line  of  the  wharf  now  being  erected  by  said  company, 
between  Ursulines  and  Hospital  streets,  and  extending 
down  to  the  garbage  wharf,  foot  of  Barracks  street, 
filling  up  with  earth,  and  compactly,  the  space  between 
said  bulkhead  and  the  present  levee ;  and  for  this  pur- 
pose said  company  is  authorized  to  excavate  sand  from 
the  batture  outside  of  the  bulkhead. 

Preparation  Art.  1938.  (5)  That  thc  Citv  Surveyor  shall  prepare 
a  plan  at  the  expense  oi  said  Morgan's  Louisiana  & 
Texas  Railroad  &  Steamship  Company  representing  the 
privileges  granted  by  this  ordinance,  which  plan,  after 

Where  de- approval  by  the  Mayor,  shall  be  deposited  in  the  office 
of  the  City  Surveyor  for  reference  as  to  detail  and  ex- 
tent of  this  grant. 

Requirements  Art.  1989.  (6)  Said  compauy  shall  also  build  a  bulk- 
o.  ^^^^  commencing  at  a  point  opposite  the  prolongation 
of  Madison  street  and  extending  down  to  a  point  oppo- 
site the  prolongation  of  St.  Philip  street ;  said  bulkhead 
to  be  built  on  a  line  twenty-five  (25)  feet  distant  from 
the  track  to  be  newly  laid  down,  and  according  to  the 
specifications  and  other  requirements  which  govern  the 
building  of  bulkheads  by  the  wharf  lessees;  the  space 
in  the  rear  of  such  bulkhead  to  be  filled  to  a  grade  to 

Bulkhead      ^^  established  by  the  City  Survej^or,  and  to  be  done  to 
the  satisfaction  of  the  Administrator  of  Improvements ; 
said  filling  is  to  serve  the  purpose  of  a  roadway,  and  is 
to  be  maintained  as  such,  and  be  kept  in  good  order  for 
a  term  of  five  (5)  years  by  said  railroad  company. 
switchonside-     Art.  1940.  (1)  That  Said  Morgau's  Louisiaua  & Tcxas 
s'treet.""    '''^Railroad   &   Steamship   Company,    its    successors   and 
c.  s.'    °'^'^  °' assigns,  be  and  they  are  hereby  authorized  and  empow- 
ug.    ,  1S89.  gj.g^  ^Q  locate,  establish  and  thereafter  to  maintain  and 
use  a  railway  track  or  switch,   and  to  operate  same  by 
steam  or  otherwise  for  the  transportation  of  all  kinds  of 
freight  and  for  all  railroad  business  on  the  sidewalk  in 
front  of  the  above-described   property  in    the   square 
bounded  by  Front,  Delta,  Girod  and  Poydras  streets, 
the  said  switch  leaving  the  present  track  on  Delta  street 
at  a  point  about  220  feet  from  the  lower  side  of  Lafay- 
ette street  and  running  parallel  with  the  line  of  Delta 


RAILROADS.  743 

street  at  a  distanceof  about  eij^^ht  feet  between  its  centre 
line  and  the  building  line 

Art.  1941.  (2)  The  said  company  is  also  authorized  to  ^^gro^^^^^L^ffyj 
cross  Lafayette  street  with  a  second  track  or  switch  ^*''«^t^-  ^^ 
which  it  proposes  to  construct  on  its  own  property  ;  to 
connect  this  second  track  as  well  as  the  first  one  above 
described  with  existing  tracks  near  the  upper  line  of 
Girod  street,  crossing  Girod  street  with  both  tracks  for 
the  purpose  of  so  doing ;  all  as  shown  on  plan  hereunto 
annexed  and  according  to  lines  and  levels  to  be  given  by 
the  City  Surveyor. 

Art.  1942.  (3)  That  the  said  Morgan's  Louisiana  &  ^J^^^tjl  BeV" 
Texas  Railroad  &  Steamship  Company  be  permitted  to  ^**"  ^'°*=*'-  j^ 
pave  the  sidewalks  in  front  of  its  property  on  Delta,  be- 
tween Poydras  and  Lafayette  streets,  and  on  Front  be- 
tween Lafayette  and  Julia,  with  Belgian  block  laid  on 
a  uniform  slope  from  the  property  line  to  the  crown 
of  the  street,  so  as  to  permit  of  easy  and  commodious  ac- 
cess of  drays  and  other  vehicles  to  its  depots  for  the  pur- 
pose of  receiving  and  delivering  freight. 

Art.  1943.  (4)  For  and  in  consideration  of  the  privi-To  pave  Delta 

^     '^  ^  street. 

leges  herein  granted  Morgan' s  Louisiana  &  Texas  Railroad  ib. 

&  Steamship  Company  stipulates  and  agrees  that  within 
ninety  days  after  the  passage  of  this  ordinance  it  will 
prepare  and  sign  a  petition  for  paving  one  block  of 
Delta  street  between  Lafayette  and  Poydras  streets  and 
the  three  blocks  on  Front  street  between  Lafayette  and 
Julia  streets  with  a  stone  block  pavement  known  as  "Bel- 
gian block,"  and  will  use  its  best  endeavor  to  obtain  the 
necessary  agreements  from  interested  property  holders  ; 
and  that  it  will  pay  its  full  proportion  of  the  same  and  as- 
sume the  payment  of  the  city's  proportion,  and  assume  as 
well  the  pavements  of  such  intersections  as  are  not  now 
paved.  The  same  quality  of  Belgian  block  to  be  used 
and  the  paving  to  be  done  as  per  specifications  imposed 
for  paving  Clay  street  between  Customhouse  and  St. 
Louis  streets ;  all  being  laid  as  per  lines  and  grades  to  be  • 
furnished  by  the  City  Surveyor. 

Art.  1944.  (5)  In  further  consideration  of  the  privi-    Topave  La- 
leges  herein  granted,  Morgan's  Louisiana  &  Texas  Rail- ^""^^"^  ^'"* ib. 


744  RAILROADS. 

road  &  Steamship  Company  stipulates  and  agrees  to  pave^ 
at  its  own  cost,  the  entire  block  on  Lafayette  street  between 
Front  and  Delta  streets,  and  the  block  on  Front  street, 
between  Lafayette  and  Poydras  streets,  with  Belgian 
block  pavement,  under  the  same  conditions  as  to  specifi- 
cations, lines  and  levels  as  apply  to  the  pavement  here- 
inbefore mentioned,  the  whole  paving  to  be  completed 
within  one  year  after  the  promulgation  of  this  ordi- 
nance. 
Switch  track     Art.  1945,  That  the  right   and   privilege   is   hereby 

oppositeBazaar  ,        t         •    •  o      m  t^    -i  to 

Market.  granted   to   Morgan's   Louisiana   &   Texas   Railroad  & 

c. s.'  '  'Steamship  Company,  its  lessees,  assigns  and  successors, 
'to  lay  and  thereafter  to  maintain  and  use  a  switch  or 
side  track  branching  out  from  its  existing  track  on  the 
levee,  known  and  designated  on  the  hereafter  referred 
to  map  or  blue  print  as  track  No.  2,  opposite  the  Bazaar 
Market,  and  extending  up  past  the  meat  market  to  a 
connection  with  track  No.  3  on  the  lower  side  of  St.  Ann 
street.  The  length  of  the  proposed  switch  or  siding, 
from  its  connection  with  track  No.  2  opposite  the  Bazaar 
Market  to  its  connection  with  track  known  and  desig- 
nated on  the  annexed  map  or  blue  print  as  track  No.  3 
on  the  lower  side  of  St.  Ann  street  is  about  3G8  feet ;  all 
of  which  will  more  fully  appear  from  a  map  or  blue 
print  showing  location  of  said  switch  or  siding  in 
dotted  lines  annexed  hereto  for  leference.  All  of  the 
work  to  be  executed  and  done  under  the  supervision  of 
the  City  Engineer  and  in  accordance  with  lines  and 
levels  to  be  famished  by  him. 
To  pave  St.  Provided,  that  the  said  Morgan's  Louisiana  &  Texas 
lb.  Railroad  &  Steamship  Company  be  compelled  to  pave 
St.  Ann  street  with  stone  block  pavement  from  its  inter- 
section with  Decatur  street  to  within  three  feet  of  track 
No.  3  on  annexed  blue  print,  on  lines  and  levels  to  be 
furnished  by  the  City  Engineer,  who  is  hereby  directed 
to  report  to  the  Council  his  approval  and  acceptance  of 
said  work  when  completed.  All  paving  to  be  of  Rock- 
port  or  Quincy  granite. 

Art.  194G.  Whereas,  the  location  of  the  track  ownec 
by  the  Morgan's  Louisiana  &  Texas  Railroad  &  Steam^ 


RAILROADS.  74^ 

ship  Company  and  Southern  Pacific  Railroad  Company,    to  remove 

^  ,   .        ^.  .       ,  "^^  tracks  from  bat- 

on the  levee  at  the  Harrison  Steamship  Line  is  located  ture. 

-      .  ^  Ord.  No.  S348, 

so  close  to  the  batture  as  to  bring  an  undue  pressure  on  c.  s. 
the  batture  and  occasion  danger  of  caving ;  and  whereas, 
this  track  is  so  low  as  to  grade  and  in  such  position  that 
the  supplemental  levee  required  to  provide  against  inun- 
dation can  not  be  built. 

Art.  1947.  That  the  Morgan's  Louisiana  &  Texas 
Railroad  &  Steamship  Company  be  and  they  are  hereby 
directed  to  remove  this  track  from  its  present  location 
to  a  location  which  will  make  the  centre  of  the  track  not 
less  than  thirty-five  feet  from  the  edge  of  the  wharf,, 
and  this  alignment  to  extend  from  the  end  of  this  track, 
near  the  Cromwell  Steamship  Line,  to  below  St.  Ann 
street,  where  it  will  intersect  and  cross  the  Louisville  & 
Nashville  switch  and  main  tracks,  all  as  shown  on  the 
accompanying  plan  forming  part  of  this  ordinance. 

Art.  1948.  That  the  Morgan's  Louisiana  &  Texas 
Railroad  &  Steamship  Company  will  proceed  to  realign 
and  raise  this  track  without  delay  and  according  to  di- 
rections, lines  and  levels  to  be  given  by  the  City  En- 
gineer, and  the  said  Morgan's  Louisiana  &  Texas  Railroad 
&  Steamship  Company,  its  lessors,  successors  and  as- 
signs, be  and  they  are  hereby  authorized  and  granted 
the  privilege  to  locate  the  track  as  required  above  and 
when  located  to  maintain  and  use  the  same  for  railroad 
purposes. 

Art.  1949.  That  said  Morgan's  Louisiana  &  Texas  swUch tracks 
Railroad  &  Steamship  Company,  its  successors  and  as- 5°^^  Refining 
signs,  be  and  they  are  hereby  authorized  and  empowered  §rd!  No.^io,937, 
to  locate,  establish  and  thereafter  maintain  and  use,  two    ?-^-  ^,  ,«  , 

'  June  25,  I095. 

railway  tracks  or  switches,  and  to  operate  the  same  by 
steam  or  otherwise  for  the  transportation  of  all  kinds  of 
freight  and  for  all  railroad  business  on  the  city  side  of 
the  triangular  block  of  ground  owned  by  the  American 
Sugar  Refining  Company  between  Wells,  Crossman  and 
Delta  streets;  provided,  the  existing  track  in  Wells  street 
in  front  of  the  property  of  the  American  Sugar  Refining 
Company  be  moved  inward  or  toward  the  above  men- 
tioned property,  so  as  to  increase  the  width  of  the  road- 


J46  RAILROADS. 

way  for  vehicles  in  Wells  street.  The  said  company  is 
also  authorized  to  cross  Wells  street  with  a  switch 
springing  from  one  of  the  above  proposed  switches  and 
running  diagonally  into  block  marked  "Z,"  now  the 
property  of  the  American  Sugar  Refining  Company. 
The  said  railroad  company  is  also  authorized  to  extend 
existing  track  on  the  river  side  of  the  triangular  block 
above  referred  to  from  its  present  terminus  to  the  upper 
curb  line  of  Grossman  street. 
wiTh°ni*k?ifh^ne  ^^'^-  ^^^^-  That  thc  Said  Morgan's  Louisiana  &  Texas 
Na^°v"iMe  Raiu -^^^^^^^^  ^  Stcamsliip  Company  be  authorized  to  lay  a 
road  Company.  (3Qjjjjg(j^j^g  qj.  cross-ovcr  switch  couuectiug  its  main  line 
on  Delta  street  with  the  main  line  of  the  Louisville  & 
Nashville  Railroad  Company  on  the  same  street,  said 
cross-over  to  be  located  at  or  near  the  line  of  Bienville 
street. 
trfSon'ciaf  ^^^-  l^'^^"  ^hat  thc  Said  Morgan's  Louisiana  &  Texas 
^^^^^^-  ^^  Railroad  &  Steamship  Company  be  permitted  between 
St.  Louis  and  Crossman  streets  to  shift  the  existing 
track  now  occupying  the  centre  of  Clay  street  inward  or 
toward  the  property  line  of  its  own  property,  as  far  as  it 
may  be  practicable,  without  interfering  with  traffic  on  the 
existing  track  immediately  adjacent  to  the  buildings 
known  as  the  Bienville  Sugar  Station.  It  being  dis- 
tinctly understood  that  in  so  shifting  this  track  the  said 
railroad  company  is  to  assume  the  expense  of  replacing 
the  Belgian  block  paving  in  Clay  street  in  equally  as 
good  condition  as  it  now  is.  The  said  railroad  company 
is  also  authorized  to  cross  Customhouse  street  with  a 
track  to  connect  on  the  lower  side  of  Custom liouse  street 
with  a  proposed  switch  to  be  laid  by  the  American  Sugar 
Refining  Company  under  Ordinances  211  and  3117,  C. 
S.,  the  said  track  to  form  an  extension  of  the  track  au- 
thorized under  the  above-numbered  ordinances  and  to 
extend  into  the  warehouse  of  the  American  Sugar  Re- 
fining Company,  as  shown  on  the  accompanying  blue 
prints  between  the  points  M  and  N. 
■Connection  on  Art.  1952.  That  the  said  Morgan's  Louisiana  &  Texas 
St.  Louis  Railroad  &  Steamship  Company  be  permitted  to  con- 
struct a  cross-over  switch  or  connection  at  or   near  St. 


RAILROADS.  747 

Louis  street,  between  its  existing  tracks  on  Delta  street, 
and  that  it  be  permitted  to  constrnct  a  switch  connection 
between  its  existing  track  in  the  centre  of  Clay  street 
over  and  across  St.  Louis  street,  below  the  lower  line  of 
which  it  is  to  connect  with  and  form  a  continuation  of  a 
proposed  switch  to  be  laid  by  the  American  Sugar  Re- 
fining Company  on  the  city  side  of  the  triangular  block 
leased  by  it  from  the  city  between  St.  Louis,  Clay  and 
Delta  streets,  and  as  authorized  in  Ordinance  4526,  C.S. 

Art.  1953.  That  the  lines  and  levels  for  all  work  to    Lines  and 
be  done  under  this  ordinance  shall  be  furnished  by  the  ^^^^'         ib. 
•City  Engineer,  and  all  paving  disarranged  in  the  shift- 
ing of  any  of  the   tracks  shall  be  relaid  by  the  grantee 
at  its   own    expense,  to   the  entire  satisfaction   of   the 
Commissioner  of  Public  Works  and  City  Engineer. 

Art.  1954.  Attached  hereto  and  made  a  part  of   this    Blue  print, 
ordinance  is  a  blue  print  map,  or  plan,  dated  April  12, 
1895,  showing  the  proposed  tracks  in  red  and  the  tracks 
to  be  shifted  in  orange  or  yellow. 

Art.  1955.  That  permission  is  hereby  granted  to  said  Permission  to 
Morgan's  Louisiana  &  Texas  Railroad  &  Steamship  Com- ^°",f  "<=*  ^'^■ 
pany,  its  successors  and  assigns,  to  locate,  construct  and  °c.sT°* '°'^'^' 
build  a  viaduct  for  vehicles  and  foot  passengers  over  its  ^^^  "'  '^95- 
•existing  tracks  and  tracks  to  be  constructed  in  future 
between  the  points  named  herein. 

Art.  1956.  The  said  viaduct  shall  have  a  total  length  construction. 
of  about  eighteen  hundred  feet,  more  or  less,  from  foot 
of  slope  to  foot  of  slope.  The  upper  end  of  the  viaduct 
proper  as  distinguished  from  the  inclined  approaches  to 
commerce  about  at  a  point  opposite  the  middle  of  the 
block  between  Pacific  and  Atlantic  avenues,  extending 
to  a  point  about  one  hundred  and  twenty-five  feet  below 
the  lower  line  of  Thayer  street.  The  viaduct  shall  have 
a  clear  head  room  above  the  railroad  tracks  within  these 
limitB  of  not  less  than  twenty-one  feet.  "The  inclined 
approaches  of  this  viaduct  are  to  start  at  the  above 
named  points  to  descend  to  the  street  level,  and  said 
descent  shall  be  six  feet  in  each  one  hundred  feet.  To 
enable  foot  passengers  to  reach  this  viaduct  stairways 
shall  be  located  on  the  upper  side  at  the  proper  points 


lb. 


748  RAILROADS. 

near  the  lower  line  of  Atlantic  avenue,  and  on 
the  lower  side  at  the  proper  points,  about  one 
hundred  and  twenty-five  feet  below  the  upper 
line  of  Thayer  street.  The  viaduct  shall  have  a  clear 
passageway  for  vehicles  for  its  entire  length,  including 
inclines  of  twenty  feet,  and  a  single  passageway  for 
pedestrians  on  the  wood  side  of  the  viaduct  of  a  clear 
width  of  .five  feet,  which  passageway  shall  extend  the 
full  length  of  the  viaduct  between  the  heads  of  the  in- 
clined approaches,  or  between  the  points  designated  for 
the  stairways  leading  to  the  street,  which  stairways  shall 
also  be  constructed  of  iron,  provided  with  proper  rail, 
and  have  a  width  of  five  feet  with  treads  not  less  than 
ten  and  one-half  inches  wide  and  six  and  one-half  inches 
rise.  The  wood  side  of  this  viaduct  shall  be  located  a 
distance  of  thirty  feet  from  the  property  line  on  the 
wood  side  of  Patterson  street,  and  the  incline  and  via- 
duct to  extend  the  width  above  mentioned  on  the  river 
side  of  this  line. 

To  be  built  Art.  1957.  The  above  described  viaduct  (other  details 
lb.  of  which  are  to  be  agreed  upon  between  the  said  railroad 
company  and  the  City  Engineer)  shall  be  built  of  iron, 
and  at  the  expense  of  the  said  Morgan's  Louisiana  & 
Texas  Railroad  &  Steamship  Company,  and  upon  its 
completion  all  surface  traffic  and  travel  on  said  Patter- 
son street,  between  Atlantic  and  Thayer  streets,  is  pro- 
hibited, and  all  such  traffic  and  travel  is  required  to  pass 
over  said  viaduct. 

Additional  Art  1958.  On  the  completion  of  said  viaduct,  and  its  ac- 
p  a^^t  t  e  r  s  o  D  ccptaucc  by  the  city,  the  said  Morgan's  Louisiana  &  Texas 
lb.  Railroad  &  Steamship  Company,  its  successors  and  as- 
signs, shall  have  the  right  to  construct  across  Patterson 
street  and  thereafter  to  maintain  and  use  such  additional 
tracks  under  said  viaduct,  between  the  lower  side  of 
Atlantic  avenue  and  the  upper  side  of  Thayer  avenue,  as 
their  traffic  may  now  or  in  the  future  require. 

Art.  1959.  The   said    Morgan's   Louisiana  &   Texas 

Paving.  ^^  Railroad  &  Steamship  Company  shall  be  required  to 
pave  between  the  lower  line  of  Elmira  avenue  and  the 
upper  line   of  Atlantic  avenue,  the  half   of   Patterson 


of  iron 


RAILROADS.  749 

street  or  siieh  portion  thereof  as  is  not  occupied  by  the 
viaduct,  with  concrete  gravel  from  its  gravel  hills  in 
Rapides  parish,  free  of  cost  to  the  abutting  property 
holders  and  to  the  city  of  New  Orleans ;  said  gravel  to 
be  of  as  good  quality  as  that  used  for  paving  in  and 
around  their  passenger  shed  in  Algiers.  This  pavement 
shall  be  laid  in  accordance  with  specifications  to  be  pre- 
pared by  the  City  Engineer,  and  the  work  is  to  be  done 
immediately,  and  to  be  maintained  by  Morgan's  Louisi- 
ana &  Texas  Railroad  &  Steamship  Company,  its  suc- 
cessors and  assigns.  Any  failure  of  said  grantees  to 
repair  and  maintain  said  street,  after  due  notice  by  the 
city,  shall  give  the  city  of  New  Orleans  the  right  to  have 
the  repairs  made  at  the  expense  of  said  Morgan's  Louisi- 
ana &  Texas  Railroad  &  Steamship  Company,  its  suc- 
cessors and  assigns.  In  consideration  of  the  above- 
mentioned  free  paving  to  be  done  and  maintained  by  the 
said  Morgan's  Louisiana  &  Texas  Railroad  &  Steamship 
Company,  the  right  is  hereby  granted  to  the  said  Mor- 
gan's Louisiana  &  Texas  Railroad  &  Steamship  Com- 
pany, its  successors  and  assigns,  to  lay  and  thereafter 
to  maintain  and  use  a  track  on  Verret  avenue  from  Pat- 
terson street  to  Lapey rouse  Street  Canal.  The  centre 
line  of  said  track  shall  be  located  five  feet  below  the 
centre  line  of  said  Verret  avenue,  so  that  the  ends  of 
the  crossties  will  not  extend  above  or  beyond  the  centre 
line  of  said  Verret  avenue,  with  the  privilege  of  con- 
necting said  track  with  existing  tracks  on  the  property 
of  the  said  Morgan's  Louisiana  &  Texas  Railroad  & 
Steamship  Company,  by  such  turnouts,  crossovers  and 
switches  as  may  be  necessary  or  desirable  to  make  con- 
nections with  the  various  shops,  lumber  and  material 
yards  now  located  on  its  property  below  Verret  avenue, 
and  also  to  have  the  right  to  construct  and  thereafter  to 
maintain  and  use  two  spur  tracks  branching  out  from  an 
existing  track  on  its  property  on  the  river  side  of  Pat- 
terson street ;  said  spur  track  to  cross  Patterson  street 
and  lead  into  the  private  property  of  said  Morgan's 
Louisiana  &  Texas  Railroad  &  Steamship  Company  on 
Patterson  street,  between  Elmira  and   Chestnut  streets. 


570  ,  RAILROADS. 

Street  rail-      Art.  19G0.  That  ill  casc  the  present  or  any  future  Coun- 
duct.  cil  or  government  of  the  city  of  New  Orleans  should  grant 

'  to  any  street  railroad  company  a  right  of  way  for  street 
railroad  tracks  and  cars  on  Patterson  street,  between  the 
lower  line  of  Atlantic  avenue  and  upper  side  of  Thayer 
avenue,  then  and  in  that  case  such  street  railroad  company 
is  required  to  lay  its  tracks  over  and  upon  said  via'duct, 
and  to  operate  its  cars  thereon  so  as  to  cross  all  existing 
or  future  steam  railroad  tracks  between  the  points  named 
herein  above  grade,  thereby  insuring  safety  to  life  and 
limb ;  and  such  street  railroad  company  is  required  to 
pay  to  said  Morgan's  Louisiana  &  Texas  Railroad  & 
Steamship  Company  one-third  of  the  total  cost  of  said 
viaduct  and  approaches,  as  the  share  of  the  street  rail- 
road company  toward  the  protection  against  accidents 
afforded  thereby,  and  no  street  railroad  track  shall  be^ 
laid  between  any  of  the  points  named  herein  until  such 
payment  has  been  made  by  the  street  railroad  company. 
mSnraTning  ^^T.  1961.  The  Said  Morgan's  Louisiana  &  Texas 
viaduct.  ^^  Railroad  &  Steamship  Company,  its  successors  and  as- 
signs, shall  be  required  to  maintain  at  any  and  all  times 
the  viaduct  in  a  thoroughly  safe  condition  for  such 
traffic  as  will  pass  over  it  to  the  satisfaction  of  the  Com- 
missioner of  Public  Works,  and  any  street  railroad  oper- 
ated over  and  upon  said  viaduct  in  addition  to  the  pay- 
ment hereinbefore  specified  shall  pay  to  said  Morgan's 
Louisiana  &  Texas  Railroad  &  Steamship  Company 
one-half  of  all  expenses  necessary  for  the  maintenance 
of  the  viaduct. 
comp'.etion,  Art.  1962.  That  the  work  of  constructing  this  via- 
*  duct  shall  be  commenced  during  the  year  eighteen  hun- 
dred and  ninety-five,  and  it  shall  be  completed  on  or 
before  December  31,  eighteen  hundred  and  ninety-six. 
Blue  print.  Attached  hereto  and  made  a  part  of  this  ordinance  is 
^''' a  blue-print  sketch  or  map  dated  March  26,  1895,  upon 
which  is  shown  more  fully  in  detail : 

1.  The  points  between  which  the  viaduct  proper  is  to- 
be  constructed,  being  marked  thereon  B  and  C. 

2.  Location  of  ascending  grades  at  each  end  thereof 
D  to  C  and  A  to  B. 


RAII.ro  ADS.  .  751 

3.  Location  of  track  on  Verret  avenue,  running  from 
point  E  to  Patterson  street. 

4.  Location  of  spur  tracks  into  private  property  of 
company  between  Elmira  and  Chestnut  street,  being 
marked  F  and  G. 

Art.  1963.  In  order  to  insure  the  proper  maintenance  Repairs, 
of  this  viaduct  by  said  Morgan's  Louisiana  &  Texas 
Railroad  &  Steamship  Company,  if  at  any  time  neces- 
sary repairs  are  required,  and  the  said  company  fails  to 
make  them,  the  city,  through  the  Commissioner  of 
Public  Works,  shall  give  due  notice  in  writing  to  said 
company,  and  if  after  thirty  days  have  expired  from  re- 
ceipt of  such  notice  the  necessary  repairs  have  not  been 
made  by  said  company,  such  repairs  shall  be  made  by 
the  Commissioner  of  Public  Works  and  the  cost  of  same 
shall  be  collected  from  said  Morgan's  Louisiana  &  Texas 
Railroad  &  Steamship  Company,  whose  acceptance  of 
this  ordinance  shall  bind  them  to  pay  cost  of  such  re- 
pairs upon  demand. 

Art.  1964.  Anv  failure  of  the  said  Morgan's  Louisi-    Fajiure  to 

°  comply. 

ana  &  Texas  Railroad  &  Steamship   Company  to  carry  i*'- 

out  the  provisions  of  this  ordinance  shall  give  the  city 
the  right  to  continue  the  paving  as  originally  provided. 

NEW   ORLEANS   PACIFIC    RAILWAY. 

Art.  1965.  (1)  That  the  New  Orleans   Pacific  Rail-    Authorized 
way  Company  be  and   it   is  hereby  authorized  and  em- railroad.  "^^ 
powered   to  locate,  construct   and  maintain  a  railroad,    Nov.,  is^*, 
with  all   necessary   tracks,  switches,  turnouts,  sidings 
and   structures  of    every   kind,  convenient   and  useful 
and  appurtenant  to  said  railroad,  upon  lines  and  levels 
to  be  furnished  by  the  City  Surveyor,  to  and  from  such 
point  as  shall  be   selected   by   said  company  as  its  ter- 
minus, between  the   New   Canal,  Claiborne   Canal  and 
Carrollton  avenue,  with  the  right  to  establish  and  main- 
tain at  such  point  necessary  depots,  shops,  yards,  ware- 
houses and  other  structures  convenient  and   useful  for 
the  transaction  of  its  business,  and  to  operate  the  same 
by  steam  or  otherwise  for  the  transportation  of  freight 
and  passengers  within  the  city  limits. 


752  EAILROADS. 

To  extend  Art.  1966.  (2)  That  the  said  New  Orleans  Pacific 
build  depot."  Railway  Company,  or  its  assigns,  be  and  they  are  here- 
by authorized  and  empowered  to  locate,  construct  and 
maintain  an  extension  of  its  railroad,  with  all  necessary 
tracks,  switches,  turnouts,  sidings  and  structures  of 
every  kind,  convenient  and  useful  and  appurtenant  to 
said  railroad,  upon  lines  and  levels  to  be  furnished  by 
the  City  Surveyor,  into  and  through  Claiborne  street  to 
Canal  street,  with  the  right  to  construct  a  passenger  depot 
at  or  near  the  intersection  of  Claiborne  street  with  Canal 
street ;  and  to  operate  the  same  by  steamor  otherwise  for 
the  transportation  of  passengers  ;  provided,  that  should 
it  become  necessary  for  the  building  of  depot  or  laying 
of  tracks  to  remove  the  Claiborne  Market,  then  the  said 
New  Orleans  Pacific  Railway  Company  to  obligate  them- 
selves to  rebuild  the  same  at  their  own  expense,  such 
lots  to  be  purchased  by  the  company  as  the  city  shall 
designate.  The  said  market  to  be  rebuilt  under  the  su- 
pervision and  instructions  of  the  Administrator  of 
Waterworks  and  Public  Buildings. 
Right  of  way  Art.  1967.  (3)  That  the  said  New  Orleans  Pacific 
streets.  Railway    Company    or   its   assigns    be    and   they    are 

hereby  authorized  and  empowered  to  locate,  construct 
and  maintain  an  extension  of  its  railroad,  with  all  neces- 
sary tracks,  switches,  turnouts,  sidings  and  structures 
of  every  kind  convenient  and  useful  and  appurtenant  to 
said  railroad,  upon  lines  and  levels  to  be  furnished  by 
the  City  Surveyor,  across  Claiborne  Canal,  into  and 
through  such  streets  as  may  hereafter  be  lawfully  se- 
lected, to  the  river  front,  with  the  right  to  extend  its 
tracks  through  Front  street,  Water  street  and  Pilie 
street,  and  along  the  river,  between  Julia  and  Jackson 
streets,  connecting  with  the  depots  of  the  Louisville  & 
Nashville  Railroad  Company,  Morgan's  Louisiana  & 
Texas  Railroad  and  the  Chicago,  St.  Louis  &  New  Or- 
leans Railroad,  and  to  operate  the  same  by  steam  or 
otherwise  for  the  transportation  of  cotton,  tobacco, 
•  grain,  merchandise  and  other  freight;  or  the  said  com- 

pany may  purchase,  lease,  control,  maintain  and  op- 
erate, by  steam  or  otherwise,  any  railway  or  railway 
tracks  now  existing  in  the  city  of  New  Orleans. 


RAILROADS. 


753 


Art.  1968.  (2)  That  the  right  of  way,  franchises  and  Conditions  of 
privileges  herein  granted  to  the  New  Orleans  Pacific  ^-g^-^^*^- 
Railway  Company  are  granted  only  on  condition  and  in 
consideration  that  the  said  grantees  shall  permanently 
establish  the  terminus  of  said  road  within  the  city 
limits  and  maintain  said  terminus  during  the  existence 
of  the  charter  of  said  company,  for  which  period  said 
right  of  way  and  privileges  shall  last ;  and  should  the 
said  company  at  anytime  hereafter  abandon  its  said  road 
on  the  east  side  of  the  Mississippi  river  and  its  terminus 
within  the  city  limits,  then  this  grant  shall  cease  and 
terminate  and  be  without  force  or  effect  from  the  date 
of  such  abandonment;  and  the  further  condition  that 
all  construction  work  within  the  city  limits  shall  be 
executed  under  the  direction  and  supervision  of  the  City 
Surveyor  and  completed  to  the  satisfaction  of  the  Ad- 
ministrator of  Improvements  and  the  Administrator  of 
Commerce,  and  upon  the  further  condition  that  the  said 
company,  at  the  time  of  laying  their  tracks  upon  Thalia 
street,  shall  pave  said  street  from  Pilie  street  to  Ram- 
part street,  including  all  intersections  of  said  Thalia 
street,  with  blocks  of  the  best  hard  Boston  granite, 
oblong  in  shape,  not  less  than  eleven  inches  and  not 
more  than  fourteen  inches  in  width,  and  not  less  than 
sixteen  inches  nor  more  than  twenty-four  inches  in 
length,  and  from  nine  to  ten  inches  in  thickness ;  they 
shall  be  well  quarried,  having  parallel  sides  and  ends, 
and  the  upper  side  free  from  lumps.  The  blocks  ad- 
joining the  gutter-stones  shall  be  cut  at  an  angle  of 
forty-five  degrees  with  the  sides,  so  as  to  be  laid 
diagonally,  and  said  pavement  shall  extend  from  curb 
to  curb;  and  the  said  company  shall,  at  the  time  of 
laying  their  track,  pave  with  round  or  cobble-stone 
pavement,  laying  with  gutter-stones  the  gutters  of  said 
street,  from  the  end  of  the  block  paving  at  Rampart 
street  to  Claiborne  street,  with  the  privilege  of  using 
for  the  pavement  the  cobble-stones  removed  from  that 
part  of  the  street  to  be  paved  with  square  block — the 
rails  to  be  laid  in  the  pavement  so  that  the  top  of  the 
rails  shall  be  flush  with  the  surface  of  the  pavement ; 


754  RAILROADS. 

and  upon  the  further  condition  that  said  railway  com. 
pany  shall  at  all  times  keep  said  pavement  from  curb  to 
curb  in  repair ;  and  it  is  still  further  made  a  condition 
of  this  grant  that  said  railway  company  shall  complete 
its  road  from  the  crossing  of  the  Mississippi  river  at  or 
near  Baton  Rouge  to  its  terminus  in  this  city  within 
two  years  from  the  promulgation  of  this  ordinance, 
^l^i'n^gerj'nd     '^^'^-  ^^^^'  (^)  "^^^^  ^^®  rights  herein  granted  on  Clai- 
JSf]!*  ^  "  '^"  ^oi*"^^  street  shall  apply  only  to  a  railroad  for  passenger 
Nov.'*So     purposes;  that  the  rights   granted  from  north  of  the 
Claiborne  Canal  to  the  river  front  and  hereby  granted 
along  the  river  front  and  in  parallel  streets  shall  apply 
to  a  railroad  for  freight  purposes  only,  and  shall  not  be 
used  as  a  thoroughfare  for  the  transportation  of  passen- 
gers without  the  consent  of  this  Council. 
thfofghThlnl     ^RT.  1970.  (1)  The    New    Orleans    Pacific   Railroad 
*'a*s  6732      Company,  or  its  assigns,  be  and  they  are  hereby  author- 
Dec.  1880.     {2,ed  and  empowered  to  locate,  and  construct  and  main- 
tain   an   extension  of  its   railroad,   with   all   necessary 
tracks,  switches,    turnouts,   sidings,   and   structures  of 
every  kind^  convenient   and  useful   and  appurtenant  to 
said  railroad,  upon  lines  and  levels  to  be  furnished  by 
the    City    Surveyor  across   Claiborne   Canal,    into  and 
through  Thalia  street  to  the  river  front,  and  to  operate 
the  same  by  steam  or  otherwise  for  the  transportation  of 
cotton,  tobacco,  grain,  merchandise  and  other  freight; 
or  the  said  company  may  purchase,  lease,  control,  main- 
tain and  operate,  by  steam  or  otherwise,  any  railway  or 
railway  tracks  now  existing  in  the  streets  of  the  city  of 
New   Orleans ;  provided,  that  there   shall   be   but   one 
track  laid  on   Thalia   street  from   Claiborne  to  Water 
street. 
Penalty.  Art.  1971.  (3)  That  upon  the  failure  of  said  com- 

pany to  comply  within  three  days  with  any  notice  of  the 
Department  of  Improvements  to  repair  any  portion  of 
the  street  or  streets  through  which  said  company  shall 
lay  its  tracks,  they  shall  be  fined  twenty-five  dollars  for 
each  and  every  day  they  fail  to  comply  with  said  notice, 
said  fine  to  be  recoverable  before  any  court  of  compe- 
tent jurisdiction. 


RAILROADS.  755 

Art.  1972.  (1)  That  the  New  Orleans  Pacific  Rail-    to  loc  ate 

.,-,,,  railroad  on  riv- 

way  Company,  or  its  assierns,  be  and  are  hereby  author-  er  front  of  up- 

.      *;  -.  J    X       r        1  J  •     ^    •  -1  1    per  City  Park. 

ized  and  empowered  to  locate  and  maintain  a  railroad,  ord.  No.  6938, 
with  all  necessary  tracks,  switches,  turnouts,  sidings  March,  issi. 
and  structures  of  eyery  kind  convenient,  useful  and  ap- 
purtenant to  said  railroad,  from  such  point  on  the  river 
front  as  its  crossings  from  Westwego  shall  be  located  at, 
in  the  vicinity  of  the  Upper  City  Park,  and  from  thence 
by  the  best  and  most  practicable  route  to  its  designated 
terminus  east  of  CarroUton  avenue. 

Art.  1973.  (2)  That  the  city  of  New  Orleans  hereby  Lease  of 
agrees  to  lease  unto  the  New  Orleans  Pacific  Railway  of  upper  City 
Company,  its  succesors  and  assigns,  for  the  period  of 
ninety-nine  years,  and  at  the  price  of  five  hundred  dol- 
lars per  annum,  payable  in  advance,  all  that  strip  or 
parcel  of  ground  on  the  river  front  of  said  Upper  City 
Park,  south  of  Tchoupitoulas  street,  or  south  of  an  ex- 
tension of  Tchoupitoulas  street  in  a  westerly  direction, 
and  between  a  prolongation  of  the  east  and  west  bound- 
ary lines  of  said  park  to  the  river,  with  all  the  batture 
formed  thereon  or  which  may  form  during  the  term  of 
said  lease,  with  the  right  to  establish  and  maintain  upon 
said  grounds  such  ferry  facilities,  wharves,  piers,  ware- 
houses, yards,  tracks,  depots,  stations,  sheds,  elevators 
and  other  structures  as  shall  be  necessary  and  conve- 
nient for  the  transfer  of  cars,  engines,  passengers  and 
freight,  and  in  the  transaction  of  its  business.  No  ves- 
sel shall  occupy  or  lie  at  such  wharves  without  the  con- 
sent of  said  company,  its  successors  or  assigns,  and  all 
vessels  lying  at  and  using  said  wharves  with  such  con- 
sent shall  be  exempt  from  the  payment  of  levee  or  wharf 
dues  to  the  city  of  New  Orleans ;  the  proceeds  of  such 
lease  shall  be  applied  by  the  city  to  the  improvement  of 
said  park. 

Art.  1974.  (3)  That  the  said  New   Orleans   Pacific    to  connect 
Railway  Company,  its  successors  and  assigns,  shall  have  ^'ad. 
the  right  to  extend  its  tracks  from  the  said  ground  so 
leased  between  the  Upper  City  Park  and  the  river  front 
eastwardly  along  said  river  front  to  connect  with  the 
Belt  Road  at  Louisiana  avenue,  and  to  connect  at  Jack- 


756  RAILROADS. 

son  street  with  tracks  heretofore  authorized  to  be  •con- 
structed between  Jackson  and  Julia  streets  by  section  3 
of  Ordinance  6695,  Administration  Series,  adopted  No- 
^jj^'^45°;;""-v ember  9,  1880,  and  by  Ordinance  No.  6732,  same 
series,  adopted  December  3,  1880;  provided,  that  be- 
tween Louisiana  avenue  and  Jackson  street  the  trains 
of  said  company  shall  be  run  only  between  sunset  and 
sunrise  on  said  track,  except  in  case  of  emergency  and 
necessity  beyond  the  reasonable  control  of  the  com- 
pany. 

Levee batiure     Art.  1975.  (4)  That  the   Said   New   Orleans  Pacific 

and  wharf  priv- 
ileges. Railway   Company,    its    successors   and   assigns,    shall 

have  the  right,  and  the  same  is  hereby  conferred  for 
the  term  of  its  charter,  and  from  and  after  the  expira- 
tion of  the  existing  lease  of  city  wharves  to  enclose  and 
occupy  for  its  purposes  and  uses  that  portion  of  the 
levee,  batture  and  wharf  in  the  city  of  New  Orleans  in 
front  of  its  riparian  property,  acquired  or  to  be  ac- 
quired, between  Thalia  and  Terpsichore  streets,  and  to 
erect  and  maintain  thereon,  at  its  own  expense,  such 
ferry  facilities,  wharves,  piers,  warehouses,  elevators, 
yards,  tracks,  depots,  stations,  sheds  and  other  struct- 
ures as  shall  be  necessary  and  convenient  for  the  trans- 

Vessels  not  to  _  •' 

lie  at  suchfer  of  cars,  engines,  passengers  and  freight,  and  in  the 
transaction  of  the  business.  No  vessel  shall  occupy  or 
lie  at  such  wharves  without  the  consent  of  the  said  com- 
pany, or  its  successors  or  assigns,  or  discharge  or  re- 
ceive cargo  thereat,  and  all  vessels  lying  at  or  using  said 
wharves  by  such  consent  and  on  the  business  of  the  com- 
pany shall  be  exempt  from  the  payment  of  levee  or  wharf 
dues  to  the  city  of  New  Orleans. 

Wharves  to      gaid  wharvcs   and   other  structures  shall  be  lighted 

be  lighted  anil  '=' 

policed.  and  policed  by  said  company  at  its  own  expense. 

to^han^d'uw^^  ^^y  v^ss^l  lying  at  these  wharves  with  the  consent  of 
the  company,  but  not  on  its  business,  or  not  for  the  pur- 
pose of  discharging  or  receiving  freight  or  passengers 
to  or  from  said  company  as  a  carrier,  shall  be  liable  to 
the  city  for  usual  wharf  or  levee  dues. 

Any  vessel  using  said  wharf  to  receive  any  freight 


RAILROADS.  757 

not  coming  to  or  going  from  said  company  as  a  carrier 
shall  pay  usual  wharfage  dues  to  the  city. 


uild     wharf 


In  consideration  of  the  permission  herein  given,  the  ^  » 
company  will  build  three  hundred  feet  of  new  wharf  at  streets." 
such  point  between  Terpsichore  and  Jackson  streets,  for 
the  city,  as  the  Administrator  of  Commerce  may  indi- 
cate, and  will  pave  Pilie  street,  between  Thalia  and 
Terpsichore  streets,  and  Terpsichore  street,  between 
Pilie  and  Front  streets,  with  square  blocks  of  granite 
or  with  blocks  of  compressed  asphalt,  and  keep  the 
same  in  good  order. 

The  rights  conferred  by  this  section  shall  not  be  held 
to  interfere  with  the  rights  of  the  city  to  polic3  any  part 
of  the  river  front. 

Art.  1976.  (6)  That  the  right  of  way,  franchises  conditions  of 
and  privileges  herein  and  heretofore  granted  to  the  New 
Orleans  Pacific  Railway  Company  are  and  were  granted 
on  condition  and  in  consideration  that  the  said  grantees 
shall  permanently  establish  its  terminus  within  the  city 
limits,  and  shall  maintain  said  terminus  during  the 
existence  of  the  charter  of  said  company,  for  which 
period  the  said  franchise,  rights  of  way,  grants  and 
privileges  shall  last  and  continue ;  and  should  the  said 
railway  company,  at  any  time  hereafter,  remove  its  ter- 
minus from  within  the  city  limits,  then  the  grant  shall 
cease  and  determine  and  be  without  force  and  effect 
from  the  date  of  such  removal ;  and  the  further  condi- 
tion that  the  construction  work  within  the  city  limits 
shall  be  executed  under  the  direction  and  supervision 
of  the  City  Surveyor  and  completed  to  the  satisfaction 
of  the  Administrator  of  Improvements  and  the  Admin- 
istrator of  Commerce ;  and  the  further  condition  that 
said  railway  company  shall  construct  or  control  a  line 
of  road,  ready  for  public  use,  from  a  crossing  of  the 
Mississippi  river  to  its  designated  terminus  in  this  city, 
within  two  years  from  the  promulgation  of  this  ordi- 
nance. 

Section  2  of  Ordinance  6938,  C.  S.,  repealed  by  Ordinance  685,^ 

c.  S. 


758  RAILROADS. 

Passenger  Art.  1977.  By  section  2  of  Ordinance  6695,  Adminis- 
ord.^No.  7946,  tration  Series,  a  right  was  given  to  the  New  Orleans 
July  II,  1SS2.  Pacific  Railway  Company,  or  its  assigns,  to  locate,  con- 
struct and  maintain  an  extension  of  its  railroad  through 
Claiborne  street,  with  the  right  to  construct  a  passenger 
depot  on  the  neutral  ground  of  Claiborne  street  at  or 
near  the  intersection  of  Claiborne  \vith  Canal  street,  with 
a  proviso  that  should  it  become  necessary  for  the  building 
of  the  depot  or  laying  tracks  to  remove  the  Claiborne 
Market,  then  the  New  Orleans  Pacific  Railway  Company, 

or  its  assigns,  should  rebuild  the  same,  at  their  own  ex- 
Location.  "  .  ,      ,,      T      . 

pense,  on  such  lots  as  the  city  shall  designate ;  and 
whereas,  by  Ordinances  Nos.  6732  and  6938,  Adminis- 
tration Series,  certain  rights  have  also  been  granted  to 
the  said  company  and  its  assigns  with  reference  to  the 
said  Claiborne  street  and  to  Thalia  street,  and  the  com- 
pany has  built  its  road  from  Baton  Rouge  to  New  Or- 
leans, crossing  at  the  head  of  Thalia  street,  and  estab- 
lished its  terminus  in  the  citv  limits  at  Thalia  street  and 
the  levee,  and  is  preparing  also  to  cross  from  Westwego 
to  the  City  Park  and  thence  to  Claiborne  street. 
New  siie  for     Art.  1978.  (1)  That  the   Administrator  of  Improve- 

'"'"^  ^  ■  ments,  Administrator  of  Commerce  and  the  Adminis- 

trator of  Waterworks  and  Public  Buildings  be  and  they 
are  hereby  authorized  and  directed,  within  sixty  days 
from  the  passage  of  this  ordinance,  to  select  such  lots 
as  may  be  needful  and  proper  for  a  new  site  for  said 
market;  and  when  such  selection  shall  have  been  made 
they  shall  deposit  a  proces  verbal  thereof  in  the  office  of 
the  Administrator  of  Waterworks  and  Public  Buildings. 
Rebuilding.  Art.  1979.  (2)  That  whenever  said  company  or  its 
assigns  shall  find  it  necessary  to  remove  said  building 
it  shall  be  rebuilt  on  said  lots  so  selected,  and  as  pre- 
scribed in  said  original  ordinance. 

drawVrid^^e'""''  Art.  1980.  (3)  That  in  crossing  the  New  Canal,  un-j 
der  its  charter  and  according  to  the  said  ordinances,  th« 
said  railway  company  or  its  assigns  shall  do  so  by  meaniS 
of  proper  drawbridge. 

Ordinance  1828,  C.  S.,  .June,   1886,  repeals  certain  sections  0J| 
6695,  6732,  6938  and  794:6.  A.  S.,  relative  to  tracks   and  passenge 
depot  on  Claiborne  street. 


RAILROADS.  759 

Art.  1981.  Ordinance  No.  6938,  A.  S.,  grants  certain  consideration, 
rights  and  privileges  to  the  New  Orleans  Pacific  Rail-  a.  s.' 
way  Company,  and  that  in  consideration  of  which  the 
said  company  is  to  build  three  hundred  (300)  feet  of 
new  wharf  at  such  point  between  Terpsichore  and  Jack- 
son streets,  and  the  said  New  Orleans  Pacific  Railway 
Company  having  been  repeatedly  notified  to  comply 
with  the  building  of  the  same,  and  having  so  far  failed 
to  comply. 

Art.  1982.  (1)  That  the  said  New  Orleans  Pacific 
Railway  Company  be  directed  to  build  immediately  the 
three  hundred  (300)  feet  of  wharf  indicated  by  plans 
and  specifications  on  file  in  the  office  of  the  City  Sur- 
veyor and  approved  by  the  Administrator  of  Improve- 
ments, a  copy  of  which  has  been  furnished  to  said  rail- 
way company. 

Art.  1983.  That  the  Mayor  be  and  is  hereby  instruct-  Paving  of  Pii- 

.    ,       ,   .  .  ie  street. 

ed  to  direct  the  contractor  to  proceed  with  his  said  con-  Ord.  no.  8563, 
tract  and  complete  the  square  block  paving  of  Pilie,  in  Jan. 9, 1894. 
accordance  with  the  original  contract  entered  into  by  the 
<'ity  of  New  Orleans  and  said  contractor  under  said  Or- 
dinance No.  1355,  C.  S.,  and  that  the  certificate  of  said 
work  when  complete  shall  be  given  to  the  City  Attorney, 
who  shall  proceed  with  the  suit  against  the  said  Texas 
&  Pacific  Railway  Company  for  the  collection  of  said 
bill. 

Art.  1984.  The  city,  in  the  meantime,  pledging  itself 
for  the  amount  of  the  bill  to  the  contractor. 


NEW  ORLEANS  &  NORTHEASTERN  RAILROAD. 

Art.  1985.  (1)  That  the  New  Orleans  &  Northeastern    „.  , ,  , 

^     '  Right  of  way. 

Railroad  Company  and  its  assigns  be  and  the  same  are  ^''^-  n°-  74S3. 
hereby  authorized  and  empowered  to  locate,  construct,  ^e<=.,  18S7. 
maintain  and  operate  certain  railroads  by  steam  power 
in  the  city  of  New  Orleans,  with  all  the  necessary 
tracks,  switches,  turnouts,  bridges,  sidings  and  struct- 
ures of  every  kind,  convenient,  useful  and  appurtenant 
to  said  railroads,  on  the  following  lines,  lands,  avenues, 
streets,  etc.,  viz.  : 


760  '  RAILROADS. 

Koutc.  Art    1986.  (a)   From   Pointe-aux-Herbes,    on    Lake 

Pontchartrain,  commencing  at  the  end  of  the  bridge 
or  trestle  of  said  company,  across  said  lake,  to  the 
Bayou  St.  John,  through  the  village  of  Milneburg,  along 
or  upon,  or  adjacent  to,  the  shore  of  Lake  Pontchar- 
train as  most  convenient  to  the  said  railroad,  and  the 
same  from  Pointe-aux-Herbes  to  the  intersection  of  the 
embankment  on  the  canal  of  People's  avenue  and  Lake 
Pontchartrain,  may  be  constructed  on  an  earth  embank- 
ment, trestles  or  piles,  as  may  be  convenient ;  but  from 
said  People's  avenue  to  Bayou  St.  John  it  shall  be  con- 
structed on  an  earth  embankment  elevated  above  high- 
water  mark,  according  to  lines  and  levels  to  be  furnished 
by  the  City  Surveyor,  the  said  embankment  to  be  com- 
pleted within  twenty-four  months  from  the  passage  of 
this  ordinance,  and  to  be  so  kept  at  said  height  and  in 
good  order  and  repair  by  said  company. 

Elevation  of  (&)  From  the  intersection  of  the  embankment  of  the 
canal  of  the  People's  avenue  and  Lake  Pontchartrain  to 
the  intersection  of  said  People's  Avenue  Canal  embank- 
ment with  Florida  Walk,  which  said  embankment  shall 
be  elevated  above  high-water  mark,  according  to  lines 
and  levels  to  be  furnisheti  by  the  City  Surveyor,  and  to 
be  so  kept  in  good  repair  by  said  company  at  its  expense, 
with  the  right  to  deepen  said  People's  Avenue  Canal  to 
obtain  earth  for  the  said  elevation  and  repairs,  and  that 
the  said  company  shall  continue  said  embankment  along 
Florida  Walk  from  the  intersection  of  People's  avenue 
to  the  Fisherman's  Canal,  lower  limits  of  the  city  of  New 
Orleans,  in  accordance  with  lines  and  levels  to  be  fur- 
nished by  the  City  Surveyor. 

Right  to  con-  (c)  From  the  intersection  of  People's  avenue  and 
"e^nd.^  "  ^  ^'''  canal  embankment  with  Florida  Walk  to  and  from  such 
point  as  may  be  selected  for  the  river  terminus  of  the 
said  New  Orleans  &  Northeastern  Railroad,  on  the 
Mississippi  river,  along  or  on  any  two  streets  between 
Port  and  Clouet  streets,  inclusive,  and  the  said  company 
shall  have  the  right,  and  is  hereby  authorized,  to  occupy 
with  its  railroads,  and  to  pass  on  and  over  Florida  Walk 
and  any  other  avenue   or   street,    so   as   to  connect  the 


RAILROADS.  761 

same  from  the  intersection  of  said  Florida  Walk  and 
People's  avenue  with  sueh  streets  as  may  be  select- 
ed to  pass  from  said  People's  avenue  to  the 
Mississippi  river,  with  the  right  to  extend  its 
tracks  on  the  said  river  front  from  the  lower  ^ 
limit  of  the  city  to  the  upper  side  of  Port  street 
to  connect  with  the  Belt  Railroad;  provided,  the  said 
company  shall  keep  all  streets  and  avenues  it  may 
occupy  with  its  railroads  in  the  like  good  order  as  when 
entered  upon,  and  make  and  keep  in  repair  all  necessary 
culverts  for  the  passage  of  all  rain  and  surface  water. 

(d)  From  the  intersection  of  People's  avenue  with  to  deepen 
Florida  Walk  to  the  Pontchartrain  Railroad,  and  on  nue  and  Marig- 
the  embankment  of  Marigny  Canal  and  along  the  same 

to  Bayou  St.  John ;  provided,  that  said  company  shall 
have  and  is  hereby  granted  the  right  to  deepen  People's 
Avenue  Canal  and  Marigny  Canal  for  the  purpose  of 
obtaining  dirt  to  raise  the  embankment  thereon,  to  ele- 
vate and  maintain  the  same  above  hisrh-water  mark  and 
overflow. 

(e)  From  the  intersection  of  Canal,  Carondelet  and  Running  time. 
Claiborne  streets   to  Clara  and   such   other   streets   on 

which  the  New  Orleans  Gaslight  Company  has  its  coal 
and  coke  sheds ;  provided,  no  train  shall  pass  over  said 
road  except  between  the  hours  of  11  o'clock  p.  m. 
and  4  o'clock  a.  m.,  said  track  to  be  laid  according  to 
lines  and  levels  furnished  by  City  Surveyor. 

(0  From   Elysian   Fields   street   on    and   along  St.    ^°"*^- 
Claude  street,  formerly    Goodchildren   street,    and   the 
continuation  thereof  to  the  lower   limit   of   the   city  of 
New  Orleans. 

(^)  From  such  point  on  the  embankment  of  the  canal  Rome, 
on  People's  avenue  as  may  be  found  most  convenient,  in  a 
direct  line  to  the  intersection  of  St.  Bernard  avenue  and 
Claiborne  street,  and  along  said  Claiborne  street  to 
Canal  street;  provided,  this  does  not  interfere  with 
grants  made  heretofore  bv  the  State  of  Louisiana  or  the 
city  of  New  Orleans  to  other  railroad  companies. 

Art.  1987.  (2)  That  the  said  New  Orleans  &  North- Levee,  batture, 
eastern  Railroad  Company  and  its  assigns  shall  have  the    privileges? '  * 


762  RAILROADS.   . 

right,  and  the  same  is  .hereby  conferred,  to  occupy  for 
its  purposes  and  uses  that  portion  of  the  levee,  batture 
and  wharf  in  the  city  of  New  Orleans  beginning  at 
Port  street  and  a  distance  of  one  thousand  feet  down  the 
river  to  Montegut  street,  and  to  erect  and  maintain 
thereon,  at  its  own  expense,  such  ferry  facilities, 
wharves,  piles,  machinery,  elevators,  yards,  tracks, 
depot  stations,  sheds  and  other  structures  as  shall  be 
necessary  and  convenient  for  the  transaction  of  its  busi- 
ness ;  provided,  said  company  shall  keep  said  wharves 
in  repair  and  construct  the  same  to  the  satisfaction  of 
the  City  Surveyor ;  provided  further,  that  the  said  com- 
pany shall  replace  the  wharves  constructed  by  the  city 
m  Jnonp  ^  Tnd  ^^^  occuplcd  by  Said  company  at  such  point  as  may  be 
^^°j^P'^*'"=  designated  by  the  Administrator  of  Commerce  and  Im- 
provements and  City  Surveyor,  and  shall  pave  Levee 
street  with  square  granite  blocks  from  the  extremity  of 
the  paving  on  that  street,  or  from  Louisa  street  to  Poland 
street,  and  the  city  of  New  Orleans  shall  be  entitled  to  re- 
move all  the  cobble-stones  now  on  said  street.  And  the 
said  company  shall  commence  the  construction  of  the  em- 
bankment on  Florida  Walk  from  People's  avenue  to  the 
Fisherman's  Canal  (lower  city  limits)  within  one  year 
from  the  completion  of  the  railroad  to  the  river  bank 
and  finish  the  same  within  two  years  from  the  said  com- 
mencement, and  that  the  square  block  pavement  on 
Levee  street  shall  be  commenced  immediately  after  the 
said  company  obtains  possession  of  the  one  thousand 
feet  of  river  bank  and  levee  conceded  and  allowed  to 
them  by  this  ordinance,  and  continue  and  finish  the  same 
rig'ht^^to  ^'^it^^i'^  one  year.  No  vessel  shall  occupy  or  lay  at  such 
wharves.  wharves,  discharge  or  receive  cargo  thereat,  without  the 

consent  of  said  company,  or  its  successors  or  assigns, 
and  all  vessels  lying  at  or  using  said  wharves  by  consent 
of  said  company,  and  on  the  business  of  said  company, 
shall  be  exempt  from  the  payment  of  levee  or  wharf 
dues  to  the  city  of  New  Orleans.  Said  wharves  and 
other  structures  shall  be  lighted  and  policed  by  the  said 
company  at  its  own  expense, 
whaives.  Any  vessel  lying  at  said  wharves  with  the  consent  of 


RAILROADS.  763 

said  company,  but  not  on  its  business — not  for  the  pur- 
pose of  receiving  or  discharging  freight  or  passengers  to 
or  from  said  company  as  a  carrier — shall  pay  usual  wharf- 
age dues  to  the  city ;  provided,  that  no  privilege  or  grant 
concerning  or  referring  to  the  wharves  and  levees  herein 
granted  shall  go  into  effect  until  the  consent  and  per- 
mission of  the  wharf  lessees  be  had  and  obtained  during, 
the  continuance  of  their  lease. 

Art.  1988.  (3)  That   the   said   company   shall    have    Right  to  lay 
the  right  to  lay  double  tracks  from  Pointe-aux-Herbes  to 
Bayou  St  John,  on  People's  avenue;  on  Florida  Walk, 
Marigny   avenge   Canal    embankment    and   St.    Claude 
street. 

Art.    1989.    (4)  That  all  the  rights   and   privileges    Xounjustdis- 

crimination. 

granted  by  this  ordinance  are  upon  the  express  condi- 
tion that  in  the  transportation  of  freight  over  the  New 
Orleans  &  Northeastern  Railroad  there  shall  be  no  un- 
just discrimination  in  the  rate  of  charges  to  New  Or- 
leans ;  but  it  is  not  intended  by  this  section  to  deprive 
said  company  of  the  right  to  charge  the  same  rate  per 
ton  per  mile  on  freight  that  may  be  charged  on  any 
other  railroad  running  into  the  city  of  New  Orleans ; 
and  also  on  the  express  condition  that  all  the  obligations 
imposed  by  this  ordinance  on  the  said  company  shall  be 
complied  with  in  good  faith,  and  the  failure  or  neglect 
to  do  so  shall  render  all  the  grants,  rights  and  privileges 
conferred  on  said  company  null  and  void. 

Art.  1990.    (1)    That    the     said    New    Orleans    &    single  or 
Northeastern  Railroad  Company  shall  have  the  right  to   o"d.'No?H'8, 
construct  and  maintain  a  single  or  double  track  on  their    se'pt.  15,  i&ss. 
property  from  the  river  side  of  Royal  street  to  the  river 
bank,  and  on  the  levee  or  river  front  heretofore  ceded 
to  said  company,  and  shall  have  the  right  to  pass  over 
and  construct  the  same  over  Chartres  street  and  North 
Vters  or  Levee  street,  at  an  elevation  of  not  less  than 
[fourteen  feet  in  the  clear  from  the  centre  of  said  streets, 
the  said  elevated  track  or  tracks  to  commence  at  Royal    Piiviieges. 
street,  with  a  gradual  rise  of  thirteen  (13)  feet  over  the 
centre  of  Chartres  street,  and  to  erect  and  maintain  on 
the  river  bank  and  front  all  necessary  coal  bins,  chutes, 


Location. 


764 


RAILROADS. 


Repairs 
quired. 


Penalties 
tact. 


elevators  and  reservoirs  for  the  reception  of  coal  and  all 
necessary  slides  and  chutes  for  handling  coal  and  other 
freights. 

Art.  1991.  (2)  That  this  ordinance  is  granted  to  the 
said  railroad  company,  provided  the  streets  and  ap- 
proaches to  its  depots  are  placed  in  good  repair  and  con- 
dition at  once,  otherwise  this  ordinance  will  be  null  and 
void ;  and  provided,  that  before  the  promulgation  of  this 
ordinance  the  said  New  Orleans  &  Northeastern  Rail- 
road Company  shall  deposit  with  the  Mayor  of  the  city 
of  New  Orleans  a  good  and  solvent  bond,  secured  by 
real  estate,  in  the  sum  of  fifty  thousand'  ($50,000)  dol- 
lars, conditioned  upon  the  faithful  performance  of  all 
the  obligations  imposed  on  said  company  by  Ordinance 
7483,  A.  S.,  within  one  year  after  the  promulgation  of 
this  ordinance ;  but  nothing  herein  contained  shall  be 
construed  as  in  any  manner  repealing  any  of  the  penal- 
ties additionally  imposed  in  the  said  Ordinance  No 
7483,  A.  S.,  for  failure  to  comply  with  its  provisions. 

Permicsion  to     Art,  1992.  That  permission  be  and  is  hereby  granted 

at  Port"ltreet.  ^  to  thc  Ncw  Orlcaus  &  Northeastcm   Railroad  Company 

^r  .No, 26s  ,^^  continue  its  track  on  the  levee  now  connecting  with 

Nov.  29,  .887.  ^j^g  ggj^  Railroad  (Morgan  Railroad)  at  Port  street,  so 

as  to  intersect  and  connect  with  the  tracks  of  the  Morgan 

Railroad  at  the  upper  line  of  Mandeville  street. 

Art.  1993.  (2)  That  the  said  railroad  company  shall 
repair  the  floodgate  in  People's  Avenue  Canal,  on  the 
north  side  of  Gentilly  Ridge,  to  the  extent  of  five  hundred 
dollars,  under  the  direction  of  the  Commissioner  of 
Public  Works  and  City  Surveyor ;  and  pave  with  granite 
blocks  that  portion  of  the  levee  at  the  head  of  Mande- 
ville street  from  the  end  of  the  block  stone  pavement 
out  to  the  Morgan  Railroad  track,  between  the  prolonga- 
tion of  the  lines  of  said  street. 

Art.  1994.  (3)  That  the  City  Surveyor  shall  furnish  the 
lines  and  levels  for  the  extension  of  said  track  so  that  the 
same  shall  not  interfere  with  the  free  use  of  the  wharves 
to  the  public;  provided,  that  the  provisions,  restrictions 
and  reservations  of  the  third  section  of  Ordinance  No. 


Repairs  and 
paving  r  e  - 
quired. 


RAILROADS.  765 

2245,  C.  S.,  shall  apply  to  and  control  the  grants  con- 
tained in  this  ordinance. 

Provided,  further,  that  said   railroad   company  shall    paving  and 
relay  without  delay  the  granite  blocks  between  its  tracks  do*n"e.'"^  *° 
in  the  curves  on  North  Peters  street  in  front  of  its  depot, 
and  that  it  will  plank  the  space   between  its  tracks  and 
their  sides  on  the  levee  so  as  not   to   interfere   with  the 
use  of  the  levee  by  drays,  floats,  etc. 

Art.  1995.  (4)  That  nothing  contained  in  this  grant  Exempting 
and  privilege  to  said  company  is  intended  to  be  con-  ages!"^*""  *^^™' 
strued  as  binding  the  city  of  New   Orleans,    or  making  ^^' 

her  responsible  to  any  person  for  any  loss,  damage  or 
injury  which  might  arise,  should  the  said  company  or 
assigns  be  in  any  manner  interfered  with  or  deprived  of 
any  of  those  rights  or  privileges  from  any  cause  what- 
soever, and  in  case  there  is  any  conflict  or  any  injury  to 
any  rights  or  privileges  heretofore  granted  by  the  city 
to  any  person  or  corporation,  the  said  company  binds 
itself  to  hold  the  city  harmless,  and  undertakes  the  ob- 
ligation to  arrange  and  settle  all  such  conflicts  and  in- 
juries. 

Art.  1996.  That  permission  be  and  is  hereby  granted  Extension  of 
to  allow  the  extension  of  the  tracks  of  the  New  Orleans  ord^No. 4435, 
&  Northeastern  Railroad  along  said  wharf,  rails  of  April  is,  1890. 
which  must  be  countersunk  in  order  to  facilitate  the  de- 
livery of  lumber  from  cars  to  vessels ;  provided,  that 
the  cost  for  strengthening  the  whart  for  the  purpose  of 
.  such  traffic  be  done  without  expense  to  the  city ;  and 
provided,  further,  that  lumber  or  timber  placed  on  said 
wharf  for  shipment,  and  rejected  shall  be  removed  from 
the  said  wharf  within  ten  days  from  the  date  of  such 
rejection.  Any  failure  to  so  remove,  or  any  use  of  said 
wharf  for  the  purposes  herein  specified,  except  within 
the  months  designated,  shall  subject  the  offender  to  a 
penalty  of  not  less  than  $5  or  more  than  $25  fine,  or  in 
default  of  payment  to  imprisonment  for  not  exceeding 
thirty  days,  and  each  day  that  this  ordinance  may  be 
so  contravened  shall  constitute  a  separate  offenc^. 

Art.  1997.  (3)  That  said  wharf  shall  be  open  to  the  ^se.  ^^ 
use  of  any  railroad   terminating  in  the  city  of  New  Or- 


766  RAILROADS. 

leans  at  an  agreed  rate  of  trackage  between  the  railroads 
connecting  therewith. 

Lines  and     Art.  1998,  (4)  That  the  extcnsion  of  railroad  tracks 
lb.  along  said  wharf  be  made  in  accordance  with  lines  and 
levels  furnished  by  the  City  Surveyor. 

Revocation.^  Art.  1999.  (5)  That  this  ordinance  shall  be  revoca- 
ble at  the  pleasure  of  the  Council. 

Extension  of     Art.  2000.  That  permission  be  and  is  hereby  granted 

Oid.No.  5834,  the  New  Orleans  &  Northeastern  Railroad  Company  to 

Dec.  8, 1891.  extend  their  tracks  from  the  lumber  wharf  immediately 
above  Clouet  street,  as  provided  for  in  ordinance  No. 
4435,  C.  S.,  along  and  upon  such  wharf  or  structure 
as  may  be  constructed  by  said  New  Orleans  &  North- 
eastern Railroad  Company  under  this  ordinance  for  the 
handling  of  coal ;  provided,  that  the  extension  of  the 
railroad  tracks  along  or  upon  said  wharf  or  structure 
shall  be  made  in  accordance  with  lines  and  levels  fur- 
nished by  the  City  Engineer. 

Art.  2001.  That  the  said  New  Orleans  &  Northeastern 

Ri  ht  to  con-  Railroad  Company  and  its  assigns  shall  have  the  right, 
struct  wharves,  and  the  same  is  hereby  conferred  upon  it,  to  construct 
^^-  and  maintain  on  said  river  front,  in  the  space  indicated 
above,  such  wharves,  piles  and  machinery  and  other 
structures  as  shall  be  necessary  for  the  convenient 
handling  of  coals;  provided,  that  this  privilege  shall 
only  continue  so  long  as  said  company  shall  keep  said 
wharf  in  repair,  and  construct  same  to  the  satisfaction 
of  the  City  Engineer  and  Commissioner  of  Public 
Works ;  and  provided  further,  that  the  said  wharf  shall 
be  open  to  the  use  of  any  railroad  terminating  in  the 
city  of  New  Orleans  at  an  agreed  rate  of  trackage  be- 
tween the  railroads  connecting  therewith. 

Levee  on     Art.  2002.  That  the  citv  of  New   Orleans,    individu- 

Florida  Walk.       „  .  .  .  .   ,       ,        -r^  -,       „  .n       '       •       • 

ord.  No.  6496,  ally  or  m  conjunction  with  the  Board  of  Commissioners 
Mkysi,  1892.  of  the  Orleans  Levee  District,  do  advertise  for  bids  in 
the  manner  and  form  pointed  out  by  law,  in  accordance 
with  the  plans  and  specifications  set  forth  in  the  suit  of 
The  City  of  New  Orleans  and  the  Orleans  Levee  Board 
versus  The  New  Orleans  &  Northeastern  Railroad  Com- 
pany, No.  10,895  of   the  Supreme  Court  of   this   State, 


RAILROADS.  767 

or  as  provided  for  in  the  aforesaid  Ordinance  No.  7483, 
A.  S.,  for  the  bnilding  of  the  embankment  or  levee  on 
Florida  Walk,  from  the  intersection  of  People's  ave- 
nue to  the  Fisherman's  Canal,  and  that  the  city  of  New 
Orleans,  individually,  or  in  conjunction  with  the  Board 
of  Commissioners  of  the  Orleans  Levee  District,  do 
cause  same  to  be  built,  and  to  that  end  make  all  neces- 
sary contracts,  and  upon  failure  of  said  New  Orleans 
&  Northeastern  Railroad  Company  to  proceed  forthwith 
with  the  erection  of  said  levee,  as  stated  in  said  ordi- 
nance and  in  the  above  entitled  suit,  cause  same  to  be 
built,  and  the  necessary  legal  proceedings  to  be  insti- 
tuted for  the  recovery  of  the  price  of  said  levee  and  all 
damage  that  may  be  suffered. 

Art.  2008.  Whereas,  under  the  obligations  of  its  con-  st2°fpa^ing'* 
tract  under  Ordinance  No.   7483,   the   New   Orleans    &  ^Ord.  No.  83^, 
Northeastern  Railroad  Company  has,  in  compliance  with     ^^<=-  ^'  '^93. 
all  the   requirements    of  said    ordinance,    paved    with 
square  blocks  of  granite  North  Peters  street,  in  this  city, 
from  Louisa  to  Poland  streets;  and. 

Art.  2004.  Whereas,  the  contractors  employed  by 
them  to  do  said  work,  Messrs.  Yenable  Brothers,  of  At- 
lanta, Ga.,  have  undertaken  to  keep  said  pavements  in 
good  repair  for  one  year  from  February  10,  1893,  to 
February  10,  1894,  said  New  Orleans  &  Northeastern 
Railroad  Company  having  for  the  purpose  of  enforcing 
said  obligation  to  keep  in  repair  retained  a  certain  per- 
centage of  the  contract  price  due  Messrs.  Venable  Broth- 
ers ;  and. 

Art.  2005,  Whereas,  said  Venable  Brothers,  in  order 
to  withdraw  said  last  instalment,  have  tendered  to  the 
city  of  New  Orleans  their  bonds  for  one  thousand  dol- 
lars, with  A.  J.  Miller,  of  New  Orleans,  as  surety,  con- 
ditioned that  the  said  firm  shall  keep  in  good  order  and 
repair  the  said  pavement  in  order  that  the  city  of  New 
Orleans  may  assume  the  position  of  the  New  Orleans  & 
Northeastern  Railway  Company,  in  relation  to  the  ob- 
ligations of  said  contractors  for  the  maintenance  of  said 
street;  be  it  resolved. 

Art.  2006.  That   said  bond  of   said  Venable  Broth-    ^°"*''       n. 


768  RAILROADS. 

ers  with  said  A.  J,  Miller,  as  surety,  be  and  the 
same  is  hereby  accepted,  and  the  New  Orleans  & 
Northeastern  Railroad  Company  is  hereby  released  from 
any  and  all  of  its  obligations  to  maintain  North  Peters 
street  from  Louisa  to  Poland  streets  in  good  order  and 
repair. 
Enbankment  Art.  2007.  That  the  city  of  New  Orleans,  individually 
Florida  Walk.  Or  in  conjunctiou  with  the  Board  of  Commissioners  of 
c.s."  ■  'the  New  Orleans  Levee  District,  do  advertise  for  bids  in 
*  the  manner  and  form  pointed  out  by  law,  in  accordance 
with  the  plans  and  specifications  set  forth  in  the  suit  of 
The  City  of  New  Orleans  and  the  Orleans  Levee  Board 
vs.  The  New  Orleans  &  Northeastera  Railroad  Com- 
pany, No.  10,895  of  the  Supreme  Court  of  this  State,  or 
as  provided  for  in  the  aforesaid  Ordinance  No.  7483,  A. 
S.,  for  the  building  of  the  embankment  or  levee  on 
Florida  Walk,  from  the  intersection  of  People's  avenue 
to  the  Fisherman's  Canal,  and  that  the  city  of  New  Or- 
leans, individually,  or  in  conjunction  with  the  Board  of 
Commissioners  of  the  Orleans  Levee  District,  do  cause 
same  to  be  built,  and  to  that  end  make  all  necessary 
contracts,  and  upon  failure  of  said  New  Orleans  & 
Northeastern  Railroad  Company  to  proceed  forthwith 
with  the  erection  of  said  levee,  as  stated  in  said  ordinance 
and  in  the  above  entitled  suit,  cause  same  to  be  built. 
and  the  necessary  legal  proceedings  to  be  instituted  for 
the  recovery  of  the  price  of  said  levee  and  all  damage 
that  may  be  sutfered. 
Rights  and  Privileges  on  Levee. — See  Wharves. 

MISSISSIPPI   VALLEY  RAILROAD. 
Right  of  way. 

o^rd.  N0.S84.     ^jj^   2008.   (1)  That  permission  be  hereby  granted  to 


Feb.  12.  .8S4.  f.jjg  ^^^  Orleans  &  Mississippi  Valley  Railroad  Com- 
pany, its  successors,  assigns  or  lessees,  to  construct, 
Motive  powei.  maintain  and  operate  with  steam  or  other  motive  power, 
a  line  of  railroad  within  the  corporate  limits  of  the  city 
of  New  Orleans  from  a  point  on  Upperliue  street,  be- 
tween Eleventh  and  Belfast,  thence  through  and 
across  the  grounds  which  are  or  may  be  hereafter  ac- 
quired  by  the  company,   thence  to  the  intersection  of 


RAILROADS.  769 

Melpomene  and  Martha  streets,  and  through  and  across     Boundaries, 
such   streets   as   may  be  most  convenient  to  cross  the 
New  Canal  and  make  a  curve  into  Poydras  street  at  some 
point  near  the  intersection  of  White,  Poydras  and  Julia 

Private  prop - 

streets,  thence  to  extend  such  tracks  as  may  be  neces-erty  to  be  ac- 
sary  along,  and  thence  North  Poydras  street  as  far  as 
Oalvez  street,  and  on  seventy-five  (75)  feet  in  width  of 
Poydras  street,  centrally  located,  from  White  to  Liberty 
street  including,  over  the  Poydras  vStreet  Canal  to  Galvez 
street,  the  central  ground  from  Galvez  to  Bertrand 
street,  and  the  central  ground  from  Bertrand  to  Liberty 
street,  which  latter  is  private  property,  and  is  to  be  ac- 
quired by  the  New  Orleans  &  Mississippi  Valley  Rail- 
road Company,  either  by  purchase  or  expropriation. 

Art.  2009.  (2)  That  the  said  New  Orleans  &  Missis-    switches  and 
sippi  Valley  Railroad  Company  are  hereby  granted  the  ^*  ^^'^'^  ^" 
right  and  privilege  of  constructing  all  necessary  switches 
and   sidetracks   from  the   aforesaid   tracks  in  Poydras 
street,  with  the  easiest  curvature  possible  to  be  obtained 
on  North  or   South  Poydras  street,  into  the   following 
squares  of  ground,  to-wit:  Square  No.  400,  bounded  by 
North  Poydras,  Locust,  Perdido  and  Magnolia  streets ;  q  u?reT  aVd 
square  No.  373,  bounded  by  North  Poydras,  Freret,  p^y.^'^'^^^^^ 
dido   and  Locust  streets;    square  No.  365,  bounded  by 
North  Poydras,  Howard,  Perdido   and   Freret   streets; 
square  No.  375,  bounded  by  South  Poydras,  Freret,  La- 
fayette and  Locust  streets ;  square  No.  363,  bounded  by 
South  Poydras,  Howard,  Lafayette  and  Freret  streets ; 
squares  Nos.  399,  374,  364  and  342,  lying  between  North 
and  South  Poydras  and  the   streets  between   Magnolia 
and   Liberty,    inclusive;    square  No.  366,   bounded   by 
Gravier,  Perdido,  Howard   and   Freret   streets,  and  to 
connect  the  said  squares  together  with  tracks  and  turn-    Tracks  and 
outs,  and  to  construct  all  necessary  sidetracks,  switches '"squa^r^es  to  be 
and    turnouts    necessary   to    utilize    the    above-named  road^^pur°pVs*es. 
squares  in  the  most  advantageous   manner  for  railroad  wiUi^o'ther'^au" 
purposes,  and  to  connect  with  any  other   railroad  line,  '°wi^thin  wiiat 
where  it  can  be  done,  within  a  distance  of  seven  hundred  "^'dc^oTs,  etc. 
(700)  feet,  and  to  use  the  same  for  railroad   depots,  ^a^qui/eL.*""" 
shops  and  yards,  and  for  the  transaction  of  other  rail- 


770  RAILROADS. 

road  business ;  provided,  that  the    said   company  shall 

acquire  said  squares  either  by  purchase  or  expropriation. 

^  construcuon     ^rt.  2010.  (3)  That  the  said  tracks,  curves,  switches 

switches,  etc.    ^nd   tumouts   shall  be  constructed   and  maintained  in 

Not  to  im-  ^^^^  ^  manner  as  at  no  time  after  completion  to  be  an 

pede  drainage,  obstructiou  to  uavigatiou  Or  the  drainage  of  the  streets 

or  passage  of  vehicles,  and  shall  be  constructed  according 

Lines    a  n  d  to  liucs  and  gradcs  to  be  established  by  the  City  Sur- 

grades.  °  j  ^ 

veyor  and   approved   by   the   Commissioner  of   Public 
Cars  not  to  Works    and    City    Council:  and  that    the    said    com- 

stand  on  tracks.  •'  ' 

pany  shall  not  at  any  time  suffer  or  permit  its  engines, 
Streets  a  n  d  traius  Or  cars,  or  trains  of  cars,  to  remain  standing  upon 

crossings.  '  '  o      jr 

any   street   or   crossing  upon  its  said  lines  of   road,  or 
^  Conform  t  o  to  obstruct  crossiugs  in  any  manner  whatsoever,  except 
grades  of  city  SO  far  as  may  be  done  by  said   trains  in   motion ;  and 
that  the  company  shall  at  all  times  conform  to  the  lines 
and  grades  which  may  be  established  by  the   City  Sur- 
veyor and  approved    by  the   Commissioner  of  Public 
Works  and  City  Council. 
^Depots  and     Art.  2011.  (4)  That  the  Said  Mississippi  Valley  Rail- 
road Company  be  and  they  are  hereby  required  to  es- 
tablish and  maintain  such  depots  and  workshops  as  may 
Parish  of  Or- be  required  or  established  in  the  parish  of  Orleans,  left 
bank,  in  the  immediate  neighborhood  of  the  terminus 
of  their  said  road  in  New  Orleans,  on  the  boundary  of 
said   road,  between  White  and  Liberty  streets,  in  the 
city  of  New  Orleans,  and  to  that  end  the  said  Missis- 
Construction  sippi  Vallcv  Railroad  Company  be  and  they  are  hereby 

of     buildings       ^^  *'  ^     y      -y  -,• 

and     o  ut  -  permitted  to  construct  such  buildings  and  outhouses  tor 
workshops  as  may  be  necessary  for  their  uses,  without 
Proviso.  applying  for  any  further  grant  therefor  than  is  specified 

herein  ;  provided,  same  are  constructed  and  built  of  non- 
combustible  materials,  and  under  the  direction  of  the 
Commissioner  of  Public  Works  and  City  Surveyor  and 
approval  of  the  City  Council. 
Cuiverte  and  Art.  2012.  (5)  That  all  culverts  or  drains  shall  be 
*''■**"*•  constructed  of  brick,  stone,  wood  or  iron,  as  the  locality 

Specifications,  might  demand,  according  to  plans  and  specifications 
draughted  by  the  City  Surveyor  and  approved  by  the 
Commissioner  of  Public  Works  and  City  Council. 


RAILROADS.  771 

Art.  2013.   (6)  That  the  corapany  is  hereby  required    Paving    re- 
quired. 

in  and  between  their 
tracks,  with  first-class  4-inch  planking,  and  between 
switches  where  stone  can  not  be  used,  and  the  planking 
shall  be  made  simultaneously  with  the  laying  of  the 
tracks ;  and  shall  flag  or  signal,  at  all  street  intersec-    f'*&.  °J  «'«f 

'  r>  o  7  nal  at  intersec- 

tions bctweCU  Galvez  and  Liberty  streets,  by  means  of  ^•°"^- 

•^  '       "  Boys   not   al- 

actiye  men  (boys  not  allowed)  the  approach  of  every '"^^J- j^  j  ^  ^  ^ 
train,  said  signal  to  be  made  at  least  one  block  ahead  of  »''^»^ °^  *'*»"• 

^  Red  lights  at 

the  train,  and  at  night  the  train  shall  haye  suitable  red  "^s^'- 
lights.   . 

Art.  2014.  (7)  That  all  culyerts,  bridges  and  pay- bridges'' ^ a  n  a 
ings  herein  required  to  be  constructed  and  laid  shall ''*'^*"^"  ib. 
always  be  kept  in  good  repair  by  the  company. 

Art.  2015.  (8)  That  all  rights  and  priyileges  granted    Uponvvhat 
by  this  ordinance  are  upon  the  express  condition  that  in  privilege  "is 
the  transportation  of  freight  oyer  the  New  Orleans  &  ^"^^"'^  " 
Mississippi  Valley  Railroad  there  shall  be  no  discrimi-    „     ,.     . 

^  '■  ^  No    discrim- 

nation  in  the  rate  of  charges  to  or  from  New  Orleans ;  '"ation  in  rate. 
but  it  is  not  intended  by  this  section  to  depriye  the  said    Proviso, 
company  of  the  right  to  charge  the  same  rate  per  ton 
per  mile  on  freight  that  may  be  charged  on  any  other 
railroad  running  into  the  city  of  New  Orleans ;  and  also    obligations. 
on  the  express  condition  that  all  the  obligations  imposed 
by  this  ordinance  on  the  said  company  shall  be  complied  and  vo?d."  " 
with  in  good  faith,  and  the  failure  or  neglect  to  do  so 
shall  render  all  the  grants,  rights  and  priyileges  con- 
ferred on  said  company  null  and  yoid. 

Art.  2016.   (9)  That  if  anything  in   the   aboye   pro-    injury  to  pri- 

■•  111  u'-'  ,  .  vate  property. 

yisions  should  result  in  injury  to  private  property,    or    conflict  with 

be  in   conflict  with  any  rights  or  priyileges   heretofore  Tights^''^^"''^^^ 

granted  by  the  city  to  any  person  or  company,  the  said 

company,  by  its  acceptance   of  this   ordinance,  binds  ho?dTify^harm° 

itself  to  equably  settle  all  such  injuries,  and  to  hold  the  '"^* 

city  harmless  from  all  damages  or  reclamations  whatso- 

eyer  arising  from  such  conflict. 

Art.  2017.  (10)  That  the  said  company  shall  not  run    speed  per 
its  trains  at  a  greater  speed  than  six  (6)  miles  per  hour^°"''' 
between  their  depot  on  Poydras  street  and  the  intersec- 


772  RAILROADS. 

tion  of  Poydras  and  the  New  Canal  at  the  point  where 
the  road  crosses  the  said  canal,  and  be  subject  to  all  the 

iHtToil?  '^^^"'  lawful  police  regulations  and  ordinances  of  the  Council 
of  New  Orleans  that  have  been  heretofore  or  that  may 
be  hereafter  enacted  with  reference  to  railroads  in  the 
city  of  New  Orleans. 

prSS?"  °^  ^RT.  2018.  (11)  That  the  rights  and  privileges  herein 
granted  shall  continue  during  a  period  of  fifty  (50) 
years. 

bridge"  '^*"^'  Akt.  2019.  (12)  That  the  bridge  spanning  the  New 
Canal  for  the  use  of  the  railroad  company,  shall  be,  at 
all  times,    under  the   charge   of   one   or  more  bridge- 

^j'J^I^^^P^'^' keepers,  whose  duty  it  shall  be  to  open  said  bridge  for 
the  convenience  of  the  free  navigation  of  the  canal;  and 

opS?  *°  ^^^^  ^^  ^^'^^^  ^y  ^^y  o^  V  night,  that  the  bridge  be  kept 
for  a  longer  time  than  is  necessary  to  permit  the  passage 
of  water-crafts  J  said  bridgekeepers  to  be  appointed  and 
paid  by  the  railroad  company,  and  the  whole  to  be  gov- 
erned by  the  ordinances  and  police  regulations  of  the 
city  of  New  Orleans. 

Consideration,     ^r^.  2020.  (13)  That  for  and  in  consideration  of  the 

o^d^st^^isl  privileges  herein  granted  by  the  city  of  New  Orleans  to 

^-  ^-  the   New   Orleans  &  Mississippi  Valley  Railroad  Com- 

pany, the  said  New  Orleans  &   Mississippi  Valley  Rail- 
Paving,  $25,.  ^^^^   Company    agrees   to    spend   $25,000   in  the  best 

°°°  quality  of  square  block  Quincy  granite,  paving  Poydras 

between  Howard  and  Magnolia  streets,  and  other  con- 
tiguous intersections,  as  ordered  by  the  city ;  the  cobble- 
stones to  be  removed  by  the  Mississippi  Valley  Railroad 
Company,  and  become  the  property  of  the  city,  to  be 
delivered  to  the  Commissioner  of  Public  Works. 

Violation  other     Art.  2021.  (14)  That  f  or   a  violation   of  any  part  of 

Pe*n"afty?'  ^'    this  Ordinance  other  than  section  8  the   company  shall 

be  liable  to  a  fine  of  five  hundred  ($500)  dollars ;  and 

act.  ^j^g  g^^^  company,  before  exercising  the  privileges  herein 

Conditions,    granted  or  conferred,  shall  enter  into   a  notarial  act  or 

agreement  with  the  city  of  New  Orleans   accepting  the 

terms  and  conditions  of  this  ordinance. 

Art.  2022.  (1)  That  section  13,  Ordinance  584,  Coun- 
cil Series,  be  amended  and  re-enacted   so  as   to  read  as 


RAILROADS.  773 

follows,  to- wit :     That  for  and   in   consideration  of  the  Amending  sec. 

i^ofOrd.  No. 

privileges  granted  by  Ordinance  No.  584,  Council  Series,  584.  c.  s. 
by  the  city  of  New  Orleans  to  the  New  Orleans  &  Mis-  c.  s. ' 
sissippi  Valley  Railroad  Company,  the  Louisville,  New 
Orleans  &  Texas  Railway  Company,  which  is  the  legal 
successor  of  the  New  Orleans  &  Mississippi  Valley  Rail- 
road Company,  shall  do  the  following  paving  in  lieu  of 
$25,000  worth  of  square  block  granite  pavement,  re- 
quiied  by  said  Ordinance  No.  584,  to-wit:  South  Poy- 
dras  street  from  Rampart  to  Liberty,  thence  North  Poy- 
dras  street  from  Liberty  to  Magnolia,  and  South  Poydras 
from  Liberty  to  Locust  street,  and  Liberty  street  between 
North  and  South  Poydras  streets,  with  Barber  asphalt 
paving,  according  to  plans,  levels  and  specifications  to 
be  furnished  by  the  City  Surveyor,  and  work  to  be  done 
under  the  supervision  of  the  Commissioner  of  Public 
Works. 

Art.  2023.  (2)  That  the  said  railway  company  shall,  h^fp^/y;^^" 
in  the  event  that  it  lays  said  asphalt  pavement  in  lieu  of 
said   square   block  pavement   as   aforesaid,  binds   and 
obligates  itself  to  keep  said  asphalt  pavement  in  good 
repair  for  a  period  of  twenty  years. 

Art.  2024.   (3)  That  the  said  company  then  and  in    To  be  kept  in 
that  event  shall  lay  and  complete  said  pavement  as  afore- years^ 
said  on  or  before  the  first  day  of  November,  1885,  pro- 
vided the  weather  between  this  date  and   said  first  of 
November  be  such  as  to  allow  work  to  be  done  upon  said 
pavement  during  at  least  thirty-five  days  subsequent  to    when  to  be 
the  first  of  September  and  prior  to  said  first  of  Novem-  *^*""'' 
ber ;  or  in  the  event  that  the  weather  shall  interfere  with 
the  paving  of  said  pavement,  then  an  extension  of  time 
for  the  laying  of  said  pavement  shall  be  allowed  beyond 
said  first  of  November,  sufficient  to  give  a  total  of  thirtj^'- 
five   days   after  the  first  of    September,  during  which 
work  can  be  done  upon  said  pavement,  and  said  company 
shall  lay  and  complete  said  pavement  within  said  delay 
so  to  be  computed. 

Art.  2025.  (4)  That   the   cobble-stones  and  existing    Extension  of 
paving,  not  including  banquette  curbing,  which  shall  be  ""^' 
re-set,  revert  to  and  are  the  property  of  the  city,  to  be 


774  RAILROADS. 

Cobble-stones,  used  Under  the  direction  of  the  Commissioner  of  Public 
Works  at  such  time  and  places  as  the  Council  may 
direct;  the  said  company  agreeing  to  remove  said 
deliver  sams.  cobblc-stones  to  the  City  Workhouse,  corner  Lafayette 
and  Magnolia,  and  deliver  the  same  in  the  Workhouse 
yard. 

City  not  re-  Art.  2026.  (5)  That  nothing  contained  in  this  ordi- 
nance is  intended  to  be  construed  as  binding  the  city  of 
New  Orleans,  or  making  her  responsible  to  any  person 
for  any  loss,  damage  or  injury  which  might  arise  should 
the  said  company  or  its  assigns  be  in  any  manner  inter- 
fered with  or  deprived  of  any  of  the  rights  and  privi- 
leges by  this  ordinance  conferred  from  any  cause  what- 
soever, and  in  case  there  be  any  conflict  or  any  injury  to 
any  rights  or  privileges  heretofore  granted  by  the  city 
to  any  corporation  or  persons,  the  said  company  binds 
itself  to  hold  the  city  harmless,  and  undertakes  the  ob- 
ligation to  resist  or  arrange  and  settle  all  such  claims  at 
its  own  expense. 

Repealing     ^rt^  2027.  (6)  That  all  ordinances  and  parts  of  ordi- 

clause.  ^     ^  ^ 

nances  in  conflict  with  or  contrary  to  the  provisions   of 
this   ordinance  be  and  the  same  are  hereby  repealed  and 
that  this  ordinance  shall  take  effect  from  and  after  its 
passage. 
Gutters  on     ^rt    2028.  (1)  That  said  work  is  to  be  executed  as 

Poydras  street.  ^     ' 

^o  d"N  ^^'^'    P^^'  Pl^^^  ^^^  specifications  on  file  in  the  office  of  the 
c- s.  '  City  Surveyor  and  approved  by  the  Commissioner  of 

Public  Works,  and  work  to  be  done  under  the  super- 
vision of  the  Commissioner  of  Public  Works. 
Gates  at  cer-     Art.  2029.  That  the  Louisville,  New  Orleans  &  Texas 

tain   crossings. 

ord.  N0.S047,  Railway  Company  be  and  they  are  hereby  directed  and 
June  27, 1891.  required  to  erect  gates  on  North  and  South  Poydras 
streets,  at  the  intersection  of  Claiborne  and  Galvez 
streets,  and  keep  flagmen  night  and  day  at  all  intersec- 
tions of  streets  from  their  depot  at  Poydras  and  Liberty 
streets  to  Galvez  street,  and  to  fence  their  tracks — ex- 
cept at  said  intersections — between  the  points  designated, 
viz. :  Depot  to  Galvez  street,  all  in  accordance  with  lines 
and  specifications  of  the  City  Engineer,  who  is  hereby 
charged  with  the  proper  carrying  out  of  the  provisions 
of  this  resolution. 


RAILROADS.  ^  775 


NEW  ORLEANS  &  SOUTHERN  RAILROAD. 

(Formerly  Mississippi,  Terre-aux-Boeuf  &  Lake  Railroad 
Company.) 
Art.  2030.   (1)  That  the  Mississippi,  Terre-aux-Boeuf    Right  of  way. 
&  Lake  Railroad  Company  and  its  assigns  be  and  they  a?s^'  ^°^^7' 
are  hereby  authorized  and  empowered  to  locate,    con-    o^t.s.i&Sa. 
struct,   maintain  and  operate  a  railroad,  by  steam   or 
other  motor  power,    with    all    necessary    tracks    and 
bridges,  on  Goodchildren  street,  from  the  line  of  the 
parish  of  St.   Bernard  to  Elysian  Fields  street,  in  the 
Third  District,  and  at  the  intersection  of  said    Good- 
children  and  Elysian  Fields  streets  to  construct,  main-  switches  turn- 
tain  and  operate  all  necessary  switches,  turnouts,  sid-^^'J^®'    hidings, 
ings  and  structures  of  every  kind  convenient,  useful, 
necessary  and  appurtenant  to  said  road ;  provided,  the 
same  does  not  in  any  manner  conflict  or  interfere  with  ^j^°*  *°  *=**"" 
any  rights  of  a  similar  nature  previously  granted  to 
other  corporations  or  individuals  through  said  streets. 

Art.  2031.   (2)  That  the  construction  of  said  line  of  ^^s^upervis ^o  n 
road,  with  all  switches,  etc.,  shall    be   made   and  com- ^'^y'"'- 
pleted,  according  to  lines,  levels  and   plans  of  the  same 
to  be  furnished  by  the  City  Surveyor. 

Art.  2032.  That  the  M.,  T.  A.  B.  «&  L.  Railroad  Com-    ^o  construct 
pany  is  and  are  hereby  directed  to  comply  with  Ordinance  "^  or^No.  .^103, 
No.  946,  and  cause  to  be  constructed  at  once  the  proper ^j^-   ^^  ,ggg 
culverts  under  their  tracks  from  Elysian  Fields  street  to 
the  lower  limits  of  the  city.     The  dimensions  and  loca- 
tion of  culverts  to  be  as  directed  by  the  City  Surveyor. 
Art.  2033.  That   in   the  event  of  the   said   railroad 
company  failing  to  signify   their  willingness  to  comply 
with  this  ordinance  within  twenty  days  of  the    promul- 
gation of   same    the   Commissioner  of  Public  Works  is 
hereby  directed  to  proceed  and  carry  out  the  provisions 
of  Ord.  No.  946. 

NEW       ORLEANS,    FORT      JACKSON     &     GRAND     ISLE     RAIL- 
ROAD  COMPANY. 

Art.  2034.  (1)  That  the  New  Orleans,  Fort  Jackson 
&   Grand  Isle   Railroad  Company  and   its  assigns  be 


776  RAILROADS. 

Right  of  way.  and  are  hereby  authorized  and  empowered  to  construct, 
c.  s.  '        '    '  maintain  and  operate  a  railroad,  by  steam  or  other  motor 

May  21,   iSSo.  .   ,        ,f  ,-,,., 

'  power,  with  all  necessary  tracks  and  bridges  on  Bouny 
street  from  its  intersection  with  Villere  street,  as  far  as 
Alix  or  Eliza  streets,  then  diagonally  across  Powder, 
Eliza  and  Market  streets  and  up  Madison  street  to  the 
lower  line  of  the  parish  of  Jefferson,  which  said  streets 
are  situated  in  the  Fifth  Municipal  District  of  the  city 
of  New  Orleans,  parish  of  Orleans,  on  the  right  de- 
scending bank  of  the  Mississippi  river,  and  at  and  near 
the  intersection  of  said  Bouny  and  Villere  streets.  The 
said  railroad  company  are  authorized  to  construct,  main- 
tain and  operate  all  necessary  switches,  turnouts,  sidings, 
and  structures  of  every  kind,  convenient,  useful  and 
necessary  and  appurtenant  to  said  road. 

Lines  and  That  the  coustructiou  of  said  line  of  road,  with  all 
lb.  switches,  etc.,  shall  be  made  and  completed,  according 
to  lines,  levels  and  plans  of  the  same  to  be  furnished 
by  the  City  Surveyor. 

^^°p^-  jj^  Art.  2035.  That  the  shops  of  said  railroad  company 
shall  be  located  and  maintained  in  Algiers,  the  Fifth 
Municipal  District  of  the  parish  of  Orleans ;  and,  pro- 
vided further,  that  said  company  shall,  simultaneously 
with  the  laying  of  their  tracks,  plank  in  a  thorough 
manner  that  part  of  Bouny  street  from  its  intersection 
with  Villere  to  Market  street,  to  within  (18)  eighteen 
jj^^'g'^t^^  ^""""^  inches  of  the  curb  on  either  side,  on  that  portion  of 
said  street,  not  used  by  a  street  railroad,  and  from  the 
track  of  the  street  railroad  to  within  eighteen  (18)  inches 
of  the  curb  on  that  portion  of  the  street  on  which  there 
is  a  street  railroad,  and  keep  and  maintain  the  said 
plank  in  good  condition  during  the  continuance  of  this 
franchise,  for  the  term  of  ninety-nine  years. 

Construction,  j^^^  2036.  That  all  tracks  within  the  city  limits  shall 
be  laid  on  stringers  ;  the  streets  through  which  they  run 
be  properly  graded,  repaired  and  kept  in  good  condi- 
tion ■,  the  bridges  to  be  placed  in  sound  order  and 
so  kept,  and  gutters  and  culverts  properly  cleansed  to 
obviate  any  obstruction  to  drainage.  All  specifications 
for  work,  the  grades  for  the  tracks  and  the  repairs  of 


RAILROADS.  777 

the  bridges  and  the  streets  are  to  be  given  by  the  City  Repairs. 
Surveyor,  the  Commissioner  of  Public  Works  to  have 
the  right,  at  any  and  all  times,  to  require  said  company 
to  make  such  repairs  or  do  such  work  as  is  herein 
specified,  as  in  his  judgment  may  be  needed ;  and,  pro- 
vided further,  that  the  said  road  shall  be  commenced 
within  one  year  and  completed  and  in  operation  within 
two  years  from  the  promulgation  of  this  ordinance. 

Art.  2037.  That  the  New  Orleans,  Fort  Jackson  &  Rightofway. 
Grand  Isle  Railroad  Company  and  its  assigns  be  and  are  c.  s.  ' 
hereby  authorized  to  construct,  maintain  and  operate  a 
railroad,  by  steam  or  other  motor  power,  with  all  neces- 
sary tracks  and  bridges,  in  the  Fifth  Municipal  Dis- 
trict of  this  city,  across  Eliza,  Alix  and  Peter  streets, 
where  said  streets  adjoin  to  and  are  near  the  property 
fronting  on  the  west  side  of  Powder  street,  and  then 
to  cross  Powder  and  Delaronde  streets,  at,  on  and 
near  their  intersection  with  the  river,  and  the  said  rail- 
road company  are  authorized  to  construct,  maintain  and 
operate  thereon  all  switches,  sidings  and  structures  of 
every  kind  necessary  and  convenient  to  operate  said  rail- 
road. 

Art.  2038.  (2)  The  said  railroad  company  is  hereby  Levee  in 
authorized  to  remove,  rebuild  and  revet  the  levee  at  and  deTstrelt.^"'^" 
in  front  of  Powder  street  and  up  to  Bouny  street  and  all  ^^ 

the  above  to  be  done  in  accordance  with  plans,  lines  and 
levels  to  be  furnished  and  approved  by  the  City  Sur- 
veyor. 

Art.  2039.  (3)  Ordinance  No.  37C4,  C.  S.,  is  hereby  Amending 
amended  so  that  in  case  said  railroad  track  be  laid  on  as.  ^°"  ^''^'^' 
the  west  side  of  the  present  street  car  track  of  the  Algiers  ^^' 

and  Gretna  Railway,  as  it  is  now  or  may  be  located,  that 
said  rails  may  be  laid  on  crossties ;  provided,  that  at  all 
intersecting  streets  all  crossings  shall  be  properly 
planked  and  kept  in  repair,  and  that  at  no  time  shall  the 
said  track  offer  any  obstructions  to  the  passing  of 
vehicles ;  and  provided,  track  or  tracks  shall  be  planked 
at  any  time  Council  may  require  same. 

Provided,  That  if  any  part  of  the  new  levee  to  be  built 
under  this  ordinance  is  at  any  time  in  danger  of  caving^ 


778  RAILROADS. 

rebuild  levees?' *^^  Said  railroad  compaiiy  shall  iuiiiiediately,  on  notifica 
^^-  tion  of  the  Commissioner  of  Public  Works  and  City  Sur- 
veyor, restore  and  repair  the  present  levee  in  a  thorough 
manner,  or,  at  their  option,  build  a  new  levee  in  the  rear 
of  the  present  levee  of  the  location,  grade  and  dimen- 
sions indicated  by  the  City  Surveyor. 
o5%o''"6^     Art.  2040.  That  resolution  No.  4926,  approved  De- 
^ord.No.6707',^^"^^®^  10,  1890,   granting  to  the  New  Orleans,   Fort 
se^t  6  1802   'J^c^son  &  Grand  Isle  Railroad   the  privilege  of  build- 
ing a  platform  at  the  head  of  Canal   street  be  and  the 
same  is  hereby  repealed. 

NEW   ORLEANS   &   WESTERN   RAILROAD    COMPANY. 

o?d?No°!oT393;  -^^'^-  -^*^'  "^^^^  ^^^  privilege  and  right  be  and  the 
^M^Tch  s,  1895.  s^"^6  is  hereby  granted  to  the  New  Orleans  &  Western 
Railroad  Company,  a  corporation  organized  under  the 
laws  of  the  State  of  Louisiana  and  domiciled  in  the  city 
of  New  Orleans,  to  construct,  maintain  and  operate, 
during  its  corporate  life,  its  line  of  railroad,  with  either 
single  or  double  tracks,  for  the  carriage  of  freight,  pas- 
sengers, mail  and  express  matter,  in  and  through  the 
city  of  New  Orleans  as  follows : 
Route.  ^^  Art.  2042.  Beginning  at  a  point  on  the  Upperline 
Canal,  forming  the  upper  boundary  line  of  the  parish 
of  Orleans,  about  one  thousand  feet,  more  or  less,  from 
where  said  canal  crosses  Bayou  Metairie,  thence  over 
private  lands  to  a  point  on  the  New  Canal  between  the 
Metairie  Cemetery  and  Lake  Pontchartrain,  about  one 
thousand  feet,  more  or  less,  from  the  western  boundary 
of  said  Metairie  Cemetery,  thence  across  said  canal, 
passing  over  private  lands  behind  Greenwood  Cemetery 
and  the  City  Park  to  the  Bayou  St.  John,  at  the  point 
where  it  is  intersected  by  Marigny  Canal,  thence  across 
said  bayou  along  the  embankment  and  line  of  the 
Marigny  Canal  and  Marigny  avenue  to  Florida  Walk, 
thence  along  the  embankment  and  line  of  Florida  Walk 
to  the  lower  limits  of  the  parish  of  Orleans,  with  the 
right  to  acquire,  by  purchase  or  expropriation,  property 
on  the  river  front  between  Jourdan  and  Adams  streets, 
in  the  Third  District  of  this  city,  and  when  so  acquired 


RAILROADS.  779 

to  connect  said  property  by  double  track  through  the 
most  convenient  street  between  said  limits  back  to 
Florida  Walk ;  and  also  to  construct  switches  and  turn- 
outs into  property  adjacent  to  its  line  of  road. 

The  company  shall  be  bound  at  all  times  to  maintain 
the  embankment  along  Florida  Walk,  occupied  by  its 
line,  in  good  order  and  condition  and  up  to  the  present 
established  grade,  to  the  satisfaction  of  the  Orleans 
Levee  Board. 

Art.  2043.  (2)  That  the  crossings  over  the  shell  road,  sh*;irRoa<fan'd 
on  the  New  Canal,  and  over  the  lines  of  the  New  Orleans,  ^^"^  ^^"^'-  n,. 
City  &  Lake  Railroad,  on  the  New  Canal,  shall  not  be 
at  grade,  but  shall  be  at  least  fourteen  feet  above  grade.- 

Art.  2044.  (3)  That  iron  drawbridges  shall  be  con-    j^on  draw- 
structed  over  the  New  Canal  and   the  Bayou  St.  John,  ^"'^s^^-      j^ 
and  shall  be  at  all   times  properly  opened  and  handled 
at  the   expense   of   said  company  so  as  not  to  interfere 
with  the  traffic  on  said  canals. 

Art.  2045.  (4)  That  said  road,  with  its  switches,  turn-  switches, etc. 
outs  and  sidetracks,  shall  be  constructed  on  lines  and 
levels  to  be  approved  by  the  City  Engineer,  and  shall  be 
so  constructed  as  not  to  interfere  with  the  drainage  of 
the  city  of  New  Orleans,  and  said  company  is  at  all  times 
on  notice  from  the  Mayor  to  conform  its  culverts  and 
other  structures  to  the  exigencies  of  the  city  drainage  at 
its  own  cost  and  expense. 

Art.  2046.  (5)  That  at  all  points  in  the  parish  of  switches, etc. 
Orleans  where  the  line  of  said  road  intersects  the  line  of 
any  railroad  now  existing  or  hereafter  to  be  authorized, 
it  shall  have  the  right  to  construct  switches,  turnouts 
and  sidings,  and  to  interchange  cars,  freight  and  traffic 
with  said  railroads  at  said  points. 

The  company  is  hereby  specially  obligated  to  per-    use   o  f  i  t  s 
mit  the  use  of  its  tracks  by  all  intersecting  railroads  to  '^^'^  ^'        ib. 
interchange  their  cars  with  each  other,  and  shall  not  be 
permitted  to  charge  for  such  use  of  its  tracks  within  the 
parish  of  Orleans  more  than  two  dollars  per  car. 

Art.  2047.  (6)  That  in  front  of  all  property  acquired  ^^h^^Jj^es.ware^- 
by  said  company  on  the  river  front  in  the  Third  District  sheds  on  river 
it  shall  have  the  right  to   build   wharves,  warehouses,  i^. 


780  RAILROADS. 

sheds  and  other  structures  convenient  and  appropriate 
for  the  handling  of  its  business,  and  to  connect  the 
same  with  its  main  tracks  with  switches,  turnouts  and 
sidetracks;  provided,  however,  that  nothing  in  this 
ordinance  sliall  be  construed  in  any  manner  impairing 
the  contract  of  the  present  wharf  lessees  ;  and  provided 
further,  that  all  wharfage  charges  imposed  upon  vessels 
landing  at  said  wharves,  if  any,  shall  be  for  the  use  and 
benefit  of  the  city  of  New  Orleans,  and  said  company 
shall  not  have  the  right  to  charge  any  wharfage  what- 
ever for  its  own  use  and  benefit,  the  city  especially  re- 
serving the  right  to  make  said  wharves  free  if  she  so 
elects, 
^^amage^s^t  o     Art.  2048.  (7)  That  all  damages  to  private  property 

^''ty.  ^^  on  any  street  through  which  the  line  of  this  road  is  con- 

structed, caused  or  occasioned  by  the  construction  of 
the  road  or  its  appurtenances  herein  authorized,  shall  be 
paid  by  the  said  company  in  accordance  with  the  Consti- 
tution and  laws  of  the  State  of  Louisiana. 
P^^'"&-  jj^  The  company,  by  its  acceptance  of  this  ordinance, 
binds  itself  to  pave  with  Belgium  blocks,  on  plans  and 
specifications  approved  by  the  City  Engineer  and  Com- 
missioner of  Public  Works,  the  whole  of  Peters  street 
in  front  of  all  property  acquired  by  it  in  the  Third  Dis- 
trict, and  to  plank  all  streets  intersecting  its  depots  and 
yards,  and  to  plank  as  far  back  as  St.  Claude  street  any 
street  it  may  occupy  in  passing  from  Florida  Walk  to 
the  river  front.  All  this  paving  and  planking  is  to  be 
done  as  soon  as  the  property  is  acquired  or  the  street  is 
traversed,  and  both  paving  and  planking  are  to  be  kept 
in  good  order  and  condition  by  the  company  during  the 
continuance  of  this  grant. 
To  hold  city     Art.  2049.  (8)  That  the  said  company  as  one  of  the 

harmless.  ^^  couditious  of  this  grant  agrees  and  binds  itself  to  hold 
the  city  of  New  Orleans  free  and  harmless  from  all  dam- 
ages and  claim  of  damage  of  every  kind  and  nature, 
whether  from  corporations  or  individuals,  growing  out 
of  the  grants  and  franchises  herein  contaiaed. 
Interpretation     This   Ordinance   is  to  be  interpreted  as  the  granting 

ofordinances.^^y^j^^   city   to   tlic   Ncw  Orlcans  &  Western  Railroad 


RAILROADS.  781 

Company  of  its  consent,  as  provided  in  Article  689  of, 
the  Revised  Statutes  of  the  State  of  Louisiana,  to  said 
company's  entering  and  passing  through  the  city  of  New 
Orleans,  and  nothing  herein  is  to  be  construed  as  in 
contravention  of  any  grants,  heretofore  made  by  the  city 
of  New  Orleans  or  the  State  of  Louisiana,  of  rights  of 
way  or  privileges  over  any  portion  of  the  above  men- 
tioned route,  and  all  rights  herein  granted  are  subject 
thereto. 

Art.  2050.  (9)  That  said  company  shall  have  the  Passenger 
right  to  run  its  passenger  trains  from  the  point  where  '  ib. 
it  intersects  the  Illinois  Central  Railroad,  over  the 
tracks  of  said  road  into  and  out  of  the  depot  of  said 
company  as  established  at  the  corner  of  Rampart  and 
the  New  Basin  ;  provided,  that  the  terms,  conditions  on 
which  and  the  compensation  for  which  these  tracks  and 
depots  shall  be  used  by  it  shall  be  first  fixed  by  agree- 
ment between  the  Illinois  Central  Railroad  and  the  New 
Orleans  &  Western  Railroad  Company. 

Art.  2051.  (10)  That  if  the  said  company  shall  not  Failure  to 
begin  work  on  the  construction  of  the  line  of  its  road  time, 
within  the  parish  of  Orleans  within  six  months  from 
the  date  of  the  promulgation  of  this  ordinance,  or  if  it 
shall  not  complete  the  same  within  the  limits  of  the  par- 
ish of  Orleans  within  two  years  from  said  date,  then  this 
ordinance  is  to  be  ipso  facto  null  and  void  and  of  no 
effect,  without  any  putting  in  default. 

I 

PONTCHARTRAIN     RAILROAD    COMPANY. 

Art.  2052.  (1)  That  the  city  of  New  Orleans  hereby    Franchise. 

'^  -^       Ord.  No.  664, 

grants  to  the  Pontchartrain  Railroad  Company  the  right  n.  s. 
and  privilege  to  extend,  construct  and  maintain,  and 
thereafter  to  manage  and  use  by  running  thereon  the 
engines  and  cars  and  trains  of  cars,  a  single  track  rail- 
road with  the  necessary  turnouts  to  and  from  the  depots, 
from  the  present  terminus  of  their  road  at  the  intersec- 
tion of  Elysian  Fields  and  Peters  streets,  along  the 
curbstones  bordering  the  levee  to  St.  Philip  street,  thence 
in  the  centre  of  Clay  street  to  Toulouse  street,  thence 


782  RAILROADS. 

on  the  levee  to  the  intersection  of  Canal  and  Delta 
streets,  and  thence  in  the  centre  of  Delta  street  to  Girod 
street. 
stScJstreetst;  Art.  2053.  (2)  That  in  the  construction  of  the  said 
Se.^''  *''■*'"■  line  of  road  and  the  track  and  turnouts  thereof  the  said 
Pontchartrain  Railroad  Company  shall  not  in  any  man- 
ner obstruct  or  impair  the  drainage  of  the  streets  and 
levee  along,  upon  or  across  which  said  railroad  is  hereby 
located,  and  that  the  said  company  shall,  at  all  times 
and  in  every  respect,  be  bound  to  conform  with  the  lines, 
levels  and  grades  to  be  established  by  the  City  Sur- 
veyor ;  and  whenever  the  company  shall  find  it  neces- 
sary to  cover  the  channel  of  any  drain  the  sides  thereof 
shall  be  first  protected  with  brick,  stone  or  wood  in  a 
good  and  substantial  manner  and  to  the  entire  satis- 
faction of  the  City  Surveyor ;  and  said  covered  channel 
shall  be  kept  open  and  clear  for  the  passage  of  water  by 
said  company, 
strJe°t  ^^""^  Art.  2054.  (3)  That  the  said  railroad  company  shall 
be  bound  to  pave  with  square  block  stones  the  space 
between  the  rails  of  the  track  and  three  feet  in  width 
on  each  side  of  said  tracks,  and  to  always  keep  in  the 
best  repair  and  condition  the  paving,  shelling  or 
macadamizing  of  the  streets,  as  well  as  the  bridges  at  the 
intersection  of  the  streets  through  which  the  right  of 
way  is  hereby  granted ;  and  should  the  said  company, 
after  having  been  duly  notified  by  the  Street  Commis- 
sioner, refuse  or  neglect  to  keep  said  streets  and  bridges 
in  the  said  good  repair  and  condition,  it  shall  be  the 
duty  of  the  Street  Commissioner  to  cause  the  said  re-^ 
pairs  to  be  made  at  the  expense  of  said  railroad  com 
pany,  and  to  immediately  report  the  same  and  the  cos 
thereof  to  the  Common  Council ;  and  in  the  event  of 
refusal  by  the  said  railroad  company  to  pay  to  the  cit; 
the  amount  of  the  expenses  thus  inciirred  for  raakin 
the  said  repairs  the  said  amount  shall  be  recoverabL 
before  any  court  of  competent  jurisdiction. 
Depots.  Art,  2055.  (4)  That  the  said  railroad  company  sha] 

have  the  right  to  construct,  and  thereafter  use  and  main' 
tain,  for  the  safe  and  convenient  transaction  of  its  bust- 


RAILROADS.  783 

ness,  such  depots  as  it  may  deem  necessary;  provided, 
that  said  depots  be  located  on  property  to  be  first  legally 
acquired  by  the  said  company ;  and,  provided,  also,  that 
the  said  depots  be  constructed  in  the  most  substantial 
and  workmanlike  manner,  with  bricks,  stone  or  iron, 
and  covered  with  slate  or  metal,  and  be  designed  and 
completed  in  such  a  manner  as  to  make  them  in  every 
respect  first-class  depot  buildings. 

Art.  2056.  (5)  That  the  Common  Council  of  the  city^^  5^htl''^"°" 
of  New  Orleans  reserves  the  following  rights,  to-wit : 

(a)  Whenever  the  extent  of  the  levee  in  front  of  the 
city  will  be  such  as  not  to  be  any  longer  required  for 
the  use  of  commerce,  to  dispose  and  sell  any  part  of  the 
same  divided  into  squares  and  lots,  and  to  compel  the 
same  railroad  company  to  remove  its  track  therefrom, 
unless  it  prefers  to  acquire  the  same  by  purchase  in  the 
usual  manner, 

(&)  To  revoke  at  any  time  the  right  hereby  granted 
to  said  company  to  use  steam  locomotion,  and  to  compel 
orse  or  mule  power  only  to  be  used. 

Art.  2057.  (6)  That  the  said  railroad  company  shall    Rules  and 

ti  1   •  11-1  T  ^       •  ^  1       ■  regulations. 

[be   subject  to  all  rules  and  regulations  already  m  ex- 
listence,  or  which  may  hereafter  be  enacted  by  the  Com- 
lon  Council. 

Art.  2058.  (7)  That  the  trains  on  said  road  shall  not    speed. 
lOve  at  greater  rate  than  five  miles  per  hour. 
Art.  2059.  (8)  That  should  the   said   Pontchartrain  Ri^ht  of  rever 
l^ailroad  Company  fail  to  complete  the  said  line  of  road 
[and  depots,   etc.,  within    one  year  from  and  after  the 
'adoption  of  this  ordinance,  or  should  afterward  fail  to 
maintaiil  and  have  a  regular  communication  and  means 
of  traffic  on  said  line  of  road,  then  the  rights  and  privi- 
leges which  are   hereby  granted  to  said   company  shall 
be  forfeited  and  revert  to  the  city  of  New  Orleans. 
Adopted  by  the  Council,  July,  1867. 

Art.  2060.  (1)  It  shall  not  be  lawful  for  the  officers    speed. 

^     ^  N.  S  3S6o. 

of  said  railroad  to  run  their  locomotives  and  cars,  when    Oct.,  1857. 
coming  to  or  going  from  the  city,  at  a  speed  exceeding 
three  miles  an  hour,   in  the  space  comprised  between 
Goodchildren  and  Victory  streets. 


784  RAILROADS. 

Detachment     Art.  2061.  (2)  That  the  said  Pontchartrain  Railroad 

Penalty.  ^  '  Company  are  hereby  positively  forbidden  to  unshackle 
or  detach  the  passenger,  baggage  or  freight  cars  from 
the  locomotive,  as  now  practised,  when  at  a  short  dis- 
tance from  the  terminus  or  depot ;  and  it  shall  be  their 
duty  to.  have  an  alarm  bell  of  sufficient  size,  power  and 
strength,  to  be  heard  at  least  a  distance  of  two  squares, 
attached  to  their  locomotives,  which  they  shall  be 
required  to  toll  incessantly  from  Goodchildren  street  to 
the  depot  or  city  terminus  when  coming  to  the  city,  and 
from  the  depot  to  Goodchildren  street  when  going  to 
the  lake. 

Penalty.  Art.  2062.   (3)  That  the  penalty  for  the  violation  of 

the  provisions  of  this  ordinance  shall  be  as  follows :  A 
jftne  of  one  hundred  dollars  shall  be  imposed  for  every 
contravention  of  this  ordinance,  recoverable  before  any 
court  of  competent  jurisdiction,  upon  the  report  of  any 
police  officer  or  conservator  of  the  peace. 

To  connect     Art.  2063.  (1)  That  the  Pontchartrain  Railroad  Com- 

withFair  ^     ■^ 

Grounds.  pauy  bc  and  it  is  hereby  authorized  and  empowered  to 
Aug.,  187/.  connect  with  the  Pair  Grounds  by  means  of  a  branch 
track,  starting  from  its  main  lines  at  some  convenient 
point  south  of  Marigny  avenue  ;  provided,  that  title  to 
all  private  property  through  which  said  branch  track 
may  run  shall  first  be  acquired  by  the  Pontchartrain 
Railroad  Company. 
Route.  Art.  2064.   (2)  The    said   branch   track   shall   curve 

off  from  the  main  lines  as  aforesaid  from  whichsoever 
side  of  Elysian  Fields  street  the  company  may  elect  into 
Marigny  avenue,  thence  through  the  avenue  to  its  inter- 
section with  Agriculture  street,  thence  through  Agricult- 
ure street  to  a  point  at  or  near  its  intersection  with 
Lapeyrouse  street,  and  the  said  branch  track  shall  be 
provided  with  the  usual  and  requisite  number  of  sidings 
and  turnouts,  and  when  the  said  branch  track,  sidings 
and  turnouts  shall  have  been  located  and  built,  as 
aforesaid,  and  in  accordance  with  lines  and  levels  fur- 
nished by  the  City  Surveyor,  they  shall  be  maintained, 
managed  and  used  by  said  Pontchartrain  Railroad  Com- 
pany, as  provided  for  in  their  charter,  the  said  company 


RAILROADS.  785 

to  keep  in  repair  such  streets  as  tlie  branch  track  may 
pass  through. 

Art.  206.").  (8)  The  said  company  is  further  author-  To  make  con. 
ized  and  empowered,  subject  to  revocation  at  the  pleas- 
ure of  the  Council,  to  lay  a  track  on  the  Delta  street 
sidewalk  bordering  their  property  from  Poydras  street 
to  Notre  Dame  street,  connecting  the  same  with  their 
present  track  on  Delta  street;  provided,  that  the  right 
of  way  and  other  privileges  thereby  granted  shall  lapse 
and  be  of  no  avail,  unless  the  branch  track,  sidings  and 
turnouts  aforesaid  are  completed  and  ready  for  the  use 
of  the  public  within  eighteen  months  after  the  passage 
of  this  ordinance. 

Art.  206G.  That  the  Committee  on  Public  Order  inves-    fo    investi- 

^  gate  franchise. 

tigate  the  franchise  of  the  Ely sian  Fields  &  Milneburg  ^o^d.  No.  9905. 
Hailroad,  usually  known  as  the  Pontchartrain  Railroad,    Oct.  30,  1S94. 
and  report  to  the  Council  what  disposition  should  be 
inade  of  said  franchise. 

Art.  20G7.  That  the  City  Engineer  be  and  he  is  hereby  I'lans  u  n  a 
directed  to  prepare  specifications  for  the  sale  of  theord"No.i'o%"soi 
franchise  of  the  Pontchartrain  Railroad.  bee  4,  tsc^. 

Street  Railroads, 
new  orleans  &  carrollton  railroad. 

Art.  2068.  (1)  From  the  junction  of  Canal  and  Delta   Rightof  way, 
streets,  through  Canal,  over  the  tracks  of  the  Claiborne  Ord.  no.'78i2, 
Hailroad   Company,    with   the   privilege  of  placing  an    May  10, 18S2. 
extra  rail  between  or  outside  of  said  Claiborne  Railroad 
C*ompany   tracks   to  Baronne  street,  through   Baronne 
street,  through  Delord  street,  and  through  St.  Charles 
avenue  to  Madison  street  in  Carrol Iton. 

Art.  2069.  (2)  From  Tchoupitoulas  street  through 
Napoleon  avenue  to  its  junction  with  St.  Charles  avenue. 

Art.  2070.  (3)  From  Water  street  through  Jackson 
street  to  its  junction  with  St.  Charles  avenue. 

Art.  2071.  (4)  These  rights  of  way,  or  franchises, 
<imbrace  all  the  lines  of  railroad  now  owned  and  oper- 
ated by  the  Carrollton  Railroad  Company,  whose  rights 
and   franchises   expire  on   the  ninth  day  of  February, 


786  RAILROADS. 

1883,    and   the  conditions  of  the  sale  shall  be  on  the 
terms  hereinafter  specified. 

p^mcnanrai^n^.^  -^^T.  2072.  (5)  The  Company  or  individuals  purchas- 
ing the  franchises  to  have  the  privilege  of  selecting 
a  right  of  way  to  Lake  Pontchartrain  through  any  of 
the  wide  streets  between  Jackson  and  Madison  streets, 
subject  to  the  consent  of  the  Council  of  the  city  of  New 
Orleans. 
Deposit.  Art.  2073.  The  bids  for  this  franchise  must  be  ac- 

companied with  a  deposit  or  certified  check  of  fifty 
thousand  ($50,000)  dollars,  as  evidence  of  the  bidder's 
intention  to  abide  by  the  adjudication,  which  amount 
shall  be  forfeited  to  the  city  in  case  of  failure  to  sign 
the  contract ;  and  in  case  of  litigation  resulting  from 
said  sale  the  bidder  will  be  permitted  to  substitute  for 
said  deposit  or  certified  check  a  bond  in  equal  amount. 
Term  of  fran-  ^^  ^^^  Satisfaction  of  the  City  Council.     And  the  term  of 

chise.  franchise  shall  be  twenty-five  years  from  the  date  the 

purchaser  has  been  placed  in  actual  possession  of  the 
same. 

Art.  2074.  Bidders  to  whom  the  contract  may  not  be 
awarded  shall  have  their  deposits  returned  to  them  on 
the  day  of  the  adjudication. 

Art.  2075.  That  bids  be  received,  payable  all  cash  or 

Terms  of  sale,  in  State  Court  or  United  States  Court  judgments, 
premium  bonds,  consolidated  bonds,  floating  debt  or 
past  due  outstanding  coupons  of  the  city  of  New  Orleans. 
That  said  bids  be  received  by  sealed  proposals  accom- 
panied by  cash  deposit  of  $50,000,  either  in  currency  or 
certified  check,  until  12  m.  Saturday,  May  13,  in  the 
Mayor's  parlor.  In  the  event  the  bids  are  rejected  the 
money  or  checks  will  be  returned . 

SPECIFICATIONS. 

For  the  franchises  or  right  of  way  to  operate  cars 
from  the  junction  of  Delta  and  Canal  streets,  through 
Baronne  street,  through  Delord  street,  through  St. 
Charles  avenue  to  station  now  known  as  Carrol Iton 
Railroad  station,  also  through  Jackson  street  and  Napo- 
leon avenue  from  St.  Charles  avenue  to  Water  street, 


RAILROADS.  .  787 

and  to  select  a  route  to  Lake  Pontchartrain  on  any  wide 
street  between  Jackson  and  Madison  streets,  subject  to 
the  consent  of  the  City  Council. 

Art.  2076.  All  lines  of  grades  of  the  above  routes  are 
to  be  established  by  the  Administrator  of  Improvements 
and  City  Surveyor. 

Art.  2077.  All  of   the  above-named    lines    shall    be    Gauge, 
double  tracked,    and  may  be  of  the  narrow-gauge,  four 
feet  eight  inclies   and  four  lines    (4   feet  8    inches  4 
lines). 

Art.  2078.  The  crossties  shall  be  of  the  best  quality  crossties. 
of  cypress  or  upland  pine,  eight  (8)  feet  long,  hewn 
or  sawn  on  two  opposite  sides,  having  not  less  than 
eight  (8)  inches  face  and  five  (5)  inches  of  uniform 
thickness  ;  their  distance  apart  shall  not  be  more  than 
twenty-four  (24)  inches  from  centres,  except  where 
stringers  are  used,  when  they  are  not  to  be  more  than 
four  (4)  feet  from  centres. 

Art.  2079.  The  stringers  shall  be  of  the  best  quality  stringers, 
of  milled  pine,  of  not  less  than  four  (4)  by  nine  (9) 
inches  and  not  less  than  twenty  -(20)  feet  long ;  they 
shall  be  fastened  to  each  crosstie  inside  and  outside  by 
spiked  wrought-iron  knees,  half  ('a)  an  inch  thick, 
two  (2)  inches  wide,  and  each  part  of  knee  six  (6) 
inches  long. 

Art.  2080.  Where    stringers  are   used,  tie-rods  five-    Tie  rods, 
eighths  ('^ij)  of  an  inch  in  diameter   and   of  sufficient 
length,  having  heads,  threads  and  nuts,  shall  be  placed 
throughout  every  ten  (10)  feet  apart. 

Art.  2081.  The  rails  shall  be  of  steel  or  iron  of  two  Rails, 
patterns,  the  T  and  flat,  the  weight  of  which  shall  not 
be  less  than  that  used  at  present ;  the  joints  of  the  T 
rails  shall  be  fastened  with  fish-bars,  suitable  bolts, 
screws,  etc.,  and  the  whole  rail  spiked  to  each  crosstie, 
inside  and  outside,  with  two  (2)  five  (5)  inch  wrought- 
iron  spikes ;  the  flat  rail  shall  be  four  (4)  inches  wide 
and  their  ends  shall  rest  on  suitable  chairs. 

Art.  2082.  All  gutters  or  drains  crossed  by  these  lines  ^  g.  " 

^  *'  drains 

shall  be  culverted  with  pine  lumber  of  the  best  quality, 
in  accordance  with  plan  and  specifications  to  be  furnished 
by  the  City  Surveyor. 


tars 
drains. 


788  RAILROADS 

Streets:  by     Art.  2083.  It  sliall  be  the  duty  of  the  railroad  com- 
•orden    "^    '"  panv  purchasing  these  rights  of  way  or  franchise  to  keep 
the  following  streets,  including  crossings,  bridges,  cul- 
verts and  intersections,  in  good  order  and  condition   at 
all  times : 

1.  Baronne  street,  from  Canal  to  Delord  street,  from 
curb  to  curb,  including  all  crossings,  bridges,  culverts 
and  intersections. 

2.  The  streets  or  roadways  bordering  the  neutral 
ground  on  St.  Charles  avenue,  from  Lee  Circle  to  Madi- 
son street  in  Carrollton,  from  curb  to  curb,  also  includ- 
ing all  crossings,  bridges,  culverts  and  intersections ;  and 

3.  Jackson  street,  from  St.  Charles  avenue  to  Watei- 
street,  from  curb  to  curb,  also  including  all  crossings, 
bridges,  culverts  and  intersections. 

Cars.  Art.  2084.  The  cars  shall  be  of  the  latest  improved 

pattern. 

p*'-^-  Art.  2085.  The  rates  of  fare  from  Canal  street  to  the 

liead  of  Jackson  street  and  the  Napoleon  avenue  station, 
and  points  between,  shall  be  (5)  live  cents,  and  (5) 
cents  beyond  Napoleon  station,  between  the  hours  of  4 
A.  M.  and  12 :30  p.  m.,  except  the  actual  residents  beyond 
Napoleon  avenue,  who  shall  have  the  privilege  of  pur- 
chasing through  tickets  at  the  rate  of  ten  for  fifty  (50) 
cents.  The  fare  between  12:30  p.  m.  and  4  a.  m.  to  Oe 
charged  shall  be  ten  (10)  cents  to  Napoleon  avenue  and 
ten  (10)  cents  from  there  on  to  Carrollton. 

Timeof  start-     Art.  2086.  The  cars   of  the  Carrollton  and  Jackson 
'"^'  street  lines  shall  run  between  Canal  street  and  the  headj 

of  Jackson  street  and  the  Napoleon  avenue  station  at 
intervals  of  time  not  to  exceed  the  following  schedule : 

Five  minutes  between  5  a.  m.  and  10  a.  m. 
Six  minutes  between  10  a.  m.  and  3  P.  m. 
Five  minutes  between  3  p.  m.  and  7  p.  m. 
Ten  minutes  between  7  p.  m.  and  9  p.  m. 
Fifteen  minutes  between  9  p.  m.  and  12  p.  M. 

And  on  the  Carrollton  line  sixty  minutes  between 
12:30  P.  M.  and  4  a.  M. 


RAILROADS.  78i> 

Between  Napoleon  avenue  and  Carrollton  the  cars 
shall  run  every  five  minutes  between  4:30  a.  m.  and  10 

A.  M. 

Ten  minutes  between  10  a.  m.  and  3  p.  m. 

Five  minutes  between  3  p.  m.  and  7  p.  m. 

Ten  minutes  between  7.  p.  m.  and  10  p.  m. 

Fifteen  minutes  betw^een  10  p.  m.  and  12  :80  a.  m. 

Sixty  minutes  between  12  :30  a.  m.  and  4  a,  m. 

On  Napoleon  avenue  the  cars  shall  run  every  ten 
minutes  between  5  :30  a.  m.  and  9  p.  m. 

Art.  2087.  The  fare  on  the  lake  route  to  be  no  more 
going  or  returning,  the  distance  between  its  termini, 
than  those  now  charged  by  the  New  Orleans  City  Rail- 
road Company,  to- wit :  fifteen  cents  for  the  round  trip 
on  its  lake  route. 

Art.  2088.  Steam  shall  not  be  used  as  the  motor  Motor  power, 
power  of  cars  operating  on  Baronne  street  and  Delord 
street,  unless  by  consent  of  a  majority  of  the  property 
holders  residing  along  said  street,  and  the  concurrence 
of  the  City  Council  of  this  city.  If  horses  or  mules  are 
used  as  the  motive  power  of  any  of  the  cars  of  this  rail- 
road, they  shall,  when  upon  the  road,  be  belled  with  the 
usual  (;ar  bell,  and  not  driven  at  the  rate  of  speed  ex- 
ceeding six  miles  an  hour. 

Art.  2089.  The  company  hereby  has  the  right  to  em- 
ploy any  improved  process  as  motors  if  the  same  is  not 
objectionable  to  the  community  or  city  authorities. 

Art.  2090.  It  is  to  be  understood  and  agreed  upon  that  por  c  o  n  ti- 
this  line  shall  never  be  used  for  continental  transit,  or  notSoJedr*' 
for  the  operating  of  such  locomotives  and  cars  as  are  or 
may  be  used  by  such  railway  lines  as  the  Chicago  & 
St.  Louis,  Louisville  &  Nashville  and  similar  lines, 
without  special  permission  obtained  from  the  Council  of 
the  city ;  provided,  this  section  does  not  prevent  the  use 
of  steam  as  a  motor  from  Tivoli  or  Lee  Circle,  on  St. 
Charles  avenue,  to  Madison  street  in  Carrollton,  and  to 
Lake  Pontchartrain. 

Art.  2091.  The  parts  of  this  railroad   constructed  on    Kutraii. 
Baronne  and  Jackson  streets,   shall  be   a '  flat   four  (4) 
inch  wide  rail,   laid  on  stringers,   and   these  latter  on 


790  RAILROADS. 

crossties,  all  in  accordance  with  description  previonsly 
mentioned ;  that  on  Jackson  street  to  be  laid  whenever 
said  street  is  paved. 

Trail.  Art,  2092.  The  parts  of   this  railroad  eonstrncted  on 

St.  Charles  avenue,  except  that  portion  already  paved 
with  square  block  around  Lee  Circle,  may  be  a  T 
rail,  in  accordance  with  description  previously  given. 
The  part  of  this  railroad  running  to  the  Lake  Pontchar- 
train  shall  have  its  specified  construction  frjra  the  City 
Council,  after  the  company  has  selected  its  route  and 
made  application  for  the  same. 

Paving  of     Art.  2093.  It  is  to  be  well  understood  that  the  pur- 

Jackson     and  "^ 

Baronne  streets  ciiasers  of  this  frauchisc  bind  themselves  to  pave  Jack- 
son street,  between  their  rails  and  tracks,  from  St. 
Charles  avenue  to  Water  street ;  also  Baronne  street, 
between  their  rails  and  tracks,  from  Canal  street  to 
Delord  street,  with  any  improved  pavement  which  shall 
hereafter  be  agreed  upon  by  the  property  holders  and 
the  City  Council. 

Reversion  ot     Art,  2094.  The  property  and  appurtenances  of   this 
railroad  company  shall  revert  to  the  city  of  New  Orleans  ■ 
at   the   expiration    of   its  franchises   on   February   10, 
1908,  on  a  valuation  to  be  ascertained  by  two  disinter- 
ested persons,  one  to  be   appointed  by  the  railroad  com- 
pany and  the   other  by  the  city ;  and  in  the  event  of   a 
disagreement  as  to  said  valuation  between  the  said  twoj 
persons  thus  appointed,  a  third  party  or  umpire  shall  be.i 
appointed  by  one  of  the  district  conrts,  the    decisionj 
thereby  had  to  be  final  and  binding. 

When  to  be     Art.  2095.  It  shall  be  finished   in  accordance  wit| 
these  specifications :  the  Jackson   street  portion  withi 
three   months,   and   the  Canal  street  and   St.    Charle 
avenue  portion  within  nine  months  from  the  10th   da;j 
of   February,    1883 ;  the  lake  route  shall  be  complete 
within  five  (5)  years  from  date  of  contract  or  purchas^ 
of   this  franchise  to  the  entire  satisfaction   of   the  CitJ 
Surveyor  and    the   Administrator     of     Improvements 
otherwise   all-  rights   accruing  under  this  ordinance  tjj 
build  the  lake  route  shall  be  forfeited. 


finished 


RAILROADS.  791 

Art.  2096.  The  party  or  parties  to  whom  this  fraii-  security. 
chise  may  be  awarded,  shall,  for  the  faithful  execution 
of  these  specifications,  give  good  and  solvent  security 
in  the  shape  of  a  bond,  naming  real  estate,  unencum- 
bered, to  the  amount  of  ($100,000)  one  hundred  thou- 
sand dollars.  The  said  bonds  shall  be  filed  in  the  Mort- 
gage Office  of  the  city  of  New  Orleans  and  accepted  by 
the  Mayor. 

Art.  2097.  It  shall  be  the  duty  of  the  Administrator    company  to 

.,,...  be     notified    of 

•of  Improvements  and  City  Surveyor  to  notify  in  writing  violation  of 
the  company  of  any  violations  of  these  specifications, 
giving  them  reasonable  time  to  rectify  any  such  viola- 
tion ;  if  upon  the  expiration  of  said  mentioned  time  the 
company  has  neglected  or  refused  to  comply,  the  City 
Council  shall  have  the  said  violation  rectified.  The 
cost  for  so  doing  shall  be  recoverable  before  any  court 
of  competent  jurisdiction. 

Art.  2098.  The  company  possessing  this  franchise  Tabulated 
shall  submit  to  the  City  Council  a  statement  at  the  ex- 
piration of  the  twenty-third  year  of  possession,  sworn 
to  by  them  as  correct  before  one  of  the  district  courts 
or  any  court  of  equal  jurisdiction  in  the  city  of  New 
Orleans;  said  statement  shall  be  submitted  prior  to 
February  28,  1906,  and  a  similar  final  report  shall 
accompany  the  reversion  of  the  property  of  the  railroad 
company  to  the  city,  both  of  which  statements  shall  be 
outlined  or  itemized  accordingly,  to-wit: 

Art.  2099.  (1)  Length,  miles;  (2)  length  of  double  rescription of 
track,  miles  ;  (3)  length  of  single  track  operated  in  one'°''  * 
direction,  miles;  (4)  length  of  single  track  in  both  di- 
rections, miles;  (5)  length  of  switches,  sidings,  etc., 
miles;  (6)  length  of  rail  per  lineal  yard,  pounds;  (7) 
quality  of  rail  and  length  of  each  ;  (8)  kind  of  rail  and 
length  of  each. 

Art.  2100.   (1)  Number  of  horses  or  mules;  (2)  num-    Equipment, 
ber  of   engines;   (3)    weight  of   engines;   (4)  power  of 
engines;   (5)    number   of   cars;   (6)  long  cars,  seating 
capacity;   (7)  short  cars,  seating  capacity. 

Art.  2101.  (1)    grading   and   paving;   (2)    roadbed,    cost  ot 
timber,    rails,    laying;   (3)   engineering   and   other  ex - 


con- 

struction. 


792  RAILROADS. 

peuses  during  construction ;  (4)  average  per  mile  of 
single  track,  not  including  sidings ;  (5)  average  per 
mile  of  single  track  of  sidings;  (6)  turntable;  (7) 
culverts;  (8)  culverts,  crossings;  (9)  total  cost  of  con- 
struction. 
^cc«totequip-  ^jjT.  2102.  (1)  Roadbed  superstructure;  (2)  rails; 
(3)  lands ;  (4)  buildings  and  equipments ;  (5)  land 
damages;  (6)  horses  and  mules;  (7)  harness;  (8) 
cars  ;  (9)  other  vehicles  and  articles  of  equipment ;  (10) 
engines;  (11)  total  cost  of  equipments. 

opej^ating  ex-  ^^rp  2103.  (1)  Repairs  of  roadbed  and  tracks  ;  (2)  Re- 
pairs of  cars  ;  (3)  Repairs  of  other  vehicles ;  (4)  Repairs 
of  harness;  (5)  Repairs  of  buildings ;  (6)  Repairs  of 
pavements;  (7)  Repairs  of  culverts  ;  (8)  Horseshoeing. 
(9)  Horses  and  mules;  (10)  Taxes  on  real  estate  ;  (11) 
Office  expenses,  etc ;  (12)  Salaries  of  officers  ;  (13)  Con- 
ductors and  drivers;  (14)  Watchmen,  starters,  switch- 
men and  roadmen ;  (15)  Stable  expenses ;  (16)  Proven- 
der—Hay,  corn,  oats,  feed;  (17)  Fuel;  (18)  Gas;  (19) 
Other  lights ;  (20)  Oil  and  waste  ;  (21)  Water  tax ;  (22) 
Insurance;  (23)  Lawyers'  expenses  —  Lawyers'  fees 
(naming  lawyers  and  suits),  court  charges  ;  (24)  Dam- 
age to  persons  and  property;  (25)  Rents;  (26)  Car 
licenses;  (27)  Advertising  and  printing ;  (28)  Tax  and 
dividends  ;  (29)  Interest ;  (30)  Tolls  or  royalty ;  (31) 
Contingencies;  (32)  Keeping  good  the  stock  of  horses 
and  mules  ;  (33)  Tax  on  capital ;  (34)  Repairs  of  engines. 

Revenue.  Art.  2104.  (1)  From  passengers;   (2)  from  sale  of 

manure;  (3)  from  sale  for  horses  and  mules;  (4)  from 
sale  of  old  material ;  (5)  from  advertisements  in  cars; 
(6)  from  interest ;  (7)  from  rents ;  (8)  tolls  of  royalty  ; 
(9)  miscellaneous;  (10)  total  income;  (11)  percent  of 
expense  to  income. 

Operating  Art.  2105.  (1)  Numbcr  of  miles  run  by  cars;  (2) 
particulars.  ^^.^^.^g^  ^^^^  ^^j.  j^jig  _  g^nts  ;  (3)  numbcr  of  passen- 
gers carried ;  (4)  rate  of  speed,  including  stops,  miles 
per  hour;  (5)  number  of  persons  regularly  employed 
by  the  company ;  (6)  rate  of  fare  —  cents;  (7)  num- 
ber of  hours  constituting  a  day  for  regularly  employed 
persons ;   (8)  number  of  trips   per  day  made  by  a  con 


RAILROADS.  793 

ductor;  (9)  number  of  trips  per  day  made  by  an  en- 
gineer and  fireman  ;  (10)  number  of  trips  per  day  made 
by  a  driver;  (11)  number  of  trips  per  day  made  by  a 
horse  or  mule. 

Art.  2106.  It  is  well  understood  that  in  case  of  fail-  clauses, 
ure  by  the  company  to  finish  the  work  within  the  time 
fixed,  its  bonds  shall  be  forfeited  to  the  city  of  New 
Orleans,  In  case  the  City  Council  be  dissatisfied  with 
the  manner  in  which  the  work  is  being  executed,  it  shall 
have  a  right  to  annul  the  franchise  without  putting  the 
company  in  default,  as  required  by  Art.  1905  of  the 
Civil  Code,  or  any  other  law  or  laws,  and  without  ap- 
plying to  a  court  of  justice  to  annul  the  same,  and  with- 
out indemnity ;  and  it  is  to  be  also  well  understood  that 
in  case  the  company  shall  at  any  time  abandon  the  work 
or  not  finish  the  same  in  accordance  with  these  specifi- 
cations, the  said  company  shall  forfeit  all  claims  it  may 
have  for  any  part  of  the  work  done  by  it  up  to  the  date 
of  its  abandonment,  and  that  the  city  shall  thereby  be 
discharged  from  any  and  all  liabilities  therefor ;  the 
company  expressly  agreeing  and  understanding  that 
this  condition  is  in  all  things  binding,  and  that  the  com- 
pany, their  heirs,  their  legal  re])resentatives  or  assigns, 
shall  at  no  time,  in  any  court  of  justice,  by  plea, 
answer,  exception,  motion,  objection  of  any  sort,  kind 
or  description,  or  under  any  circumstances,  setup,  urge, 
or  in  any  way  allege,  plead  or  claim  that  this  condition 
in  his  specifications  is  not,  in  all  respects,  legal,  binding 
and  obligatory  on  the  company  or  its  legal  representa- 
tives or  assigns. 

Art.  2107.  (6)  That  all  ordinances  or  parts  of  ordi-        j^^  g^,.^ 
nances  or  specifications  or  parts  of  specifications  in  con-  clause, 
flict  herewith  be  and  the  same  are  hereby  repealed. 

Art.  2108.  (1)  That  permission   be  and   is  hereby    piatform  and 
granted  to    the    New  Orleans   &    Carrollton    Railroad  ^  ord.°No.  340, 
Company  to  erect  a  platform  and  pavilion  on  the  same,  *^ juiy  3, 1883, 
in  Carrollton,  commencing  at  the  lower  line  of  the  pro- 
longation of  Madison   street,  extending  250  feet  down 
stream,  and  ten  (10)  feet  river  ward  from  the  line  of  the 
present  revetment. 


794  RAILROADS. 

Consent  of     Art.  2109.   (2)  That  the  granting  of   this  privilege 
w  ar    essee.    ^^  ^^^  .^  hereby  given  with  the  understanding  (1)  that 
the  consent  of  Geo.  S.  Petit,  or  his  successors  or  assigns, 
as  the  purchasers  of  the  revenues  of  the  Mississippi,  of 
the  Sixth  and  Seventh  Districts  of  this  city,  be  obtained 
prior  to  the  constructing  of  the  platform  and  pavilion  ; 
Night  watch-  (2)  that  the  railroad  company  place  upon  the  platform 
""*"'  day  and  night  watchmen,  who  will  be  required  to  obtain 

authority  from  his  Honor  the  Mayor ;  (3)  that  the  whole 
Ligiting.      g^j.^^<3t,|ji.e   be  properly  and  adequately  lighted  ;  (4)  that 
no  business  be  transacted  on  the   platform  or  in  the  pa- 
vilion without  the  consent  of  both  the  City  Council  and 
the  railroad  company. 
Priviege  dur-      Art.  2110.  (3)  That  this  privilege  be  and  is  hereby 
clfuncir.*"'^^  °  granted  during  the  pleasure  of  the  City  Council,  and  that 
the  whole  structure  be  built  according  to  plans  and  speci- 
fications to  be  approved  by  both  the  Commissioner   of 
Public  Works  and  City  Surveyor. 

Art.  2111.  (4)  That  this  ordinance  take  effect  from 
and  after  its  promulgation. 
Notarial  act     Art.  2112.  (1)  That  the  Mayor  bc  and  he  is  hereby 

relative  to  right  ,.,„  -,.1  «,i  •,  ^x-r  r\ 

of  way.  authorized,  for  and  in  the  name  ot  the  city  of  JSew  Ur- 

A,  s.'  °''  ^' leans,  to  contract  by  notarial  act,  or  otherwise,  with  the 
"^"^^  "  '  **New  Orleans  &  Carrollton  Railroad  Company,  their 
heirs,  assigns  and  transferees,  for  a  sale  of  franchises 
or  rights  of  way  for  street  railroads,  as  offered  by  the 
city  under  Ordinances  Nos.  7812  and  7830,  A.  S.,  ap- 
proved respectively  on  the  10th  day  of  May,  1882,  and 
Proviso.  23d  day  of  May,  1882 ;  provided,  said  sale  be  made  on 
the  terms,  conditions  and  specifications  contained  in  said 
Ordinances  No.  7812  and  No.  7830,  under  which  the 
sale  has  heretofore  been  advertised,  and  in  accordance 
with  the  terms  and  for  the  consideration  expressed  in  the 
bid  or  proposition  of  date  August  4,  1862,  made  in 
writing  to  the  Council  by  said  company  to  the  following 
effect,  to-wit  : 
Consideration.  Art.  2113.  As  Consideration  for  the  sale  or  grant  of 
said  franchise  or  right  of  way  for  a  period  of  twenty- 
five  years,  commencing  on  the  10th  day  of  February, 
1883.  on  the  terms  and  conditions  of  specifications  here- 


RAILROADS.  795 

iiibefore  referred  to  and  on  those  hereinafter  stipulated, 
the  said  company  is  to  pave  seventy  thousand  (70,000) 
superficial  square  yards  of  St.  Charles  avenue  with  such    Paving, 
pavement  and  at  such  places  or  portions  of  said  avenue 
as  the  city  of  New  Orleans  shall  designate,  which  pave- 
ment shall   be  of  a  nature  as  shall  not  exceed  in  cost, 
laid  complete,   three  dollars  ($3)  per  superficial  square 
yard,  said  three  dollars  per  superficial  square  yard  to  in-    ^^j^^^^^  ^^^^ 
elude  all  the  necessary  alterations,  additions  and  repairs  and  wings, 
to  such  culverts,  curbs  and  wings  as  shall  be  necessary 
to  complete  the  pavement  at  the  places  designated  for 
said  pavement.  Additional pav- 

Art.  2114.  And  the  said  company  shall  further  agree  j."f Jj*"^ ^''^^ 
to  pave  thirteen  thousand  (13,000)  superficial  square 
yards  of  such  streets  and  at  such  places  upon  such 
streets  as  the  city  of  New  Orleans  shall  designate,  said 
pavement  to  be  of  a  nature  as  shall  not  exceed  in  cost 
five  75-100  dollars  ($5.75)  per  square  yard,  to  include 
all  the  necessary  alterations,  additions  and  repairs  to 
such  culverts,  curbs  and  wings  as  shall  be  necessary  to 
complete  the  pavement  at  the  places  designated  for  said 
pavement.  It  shall  be  understood  and  agreed  that, 
should  the  pavement  selected  by  the  city  for  any  of  the 
streets  or  portions  of  streets  named  above,  cost  less  than 
the  sum  per  yard  above  named,  the  company  binds  itself 
to  pave  additional  places  or  streets  to  the  extent  of  said 
difference  at  such  places  and  upon  such  streets  as  may 
be  designated  by  the  city. 

Art.  2115.  This  work  or  paving  to  be  done  under  the      supervision 

ot  C  i  t  y   Sur- 

supervision  of  the  City  Surveyor  and  Administrator  of  ^eyor. 
Improvements,  or  such  officer  as  may  be  charged  with  the 
supervision  and  control  of  the  streets,  and  to  have  their 
written  approval  before  the  same  shall  be  accepted.  The 
contract  for  paving  to  be  awarded  to  the  lowest  respon- 
sible bidder  or  contractor,  and  the  work  shall  commence 
on  the  date  fixed  for  commencement  by  contracts  for  der.°'''^^ 
paving  which  the  city  may  make  and  approve,  and  to  be 
finished  within  two  years  from  said  commencement. 

Art.  211G.  Said  company  shall  furnish  a  bond  in  the  Bond,  $100,000. 
sum  of  one  hundred  thousand  dollars,  with  mortgage 


796  RAILROADS. 

upon  all  its  property,  for  the  faithful  performance 
of  the  stipulations  of  the  contract,  the  condition  of 
which  shall  be  that  if  the  company  violates  any  of  the 
obligations  herein  or  fails  to  complete  the  paving  con- 
tract contracted  for  at  the  time  and  in  the  manner 
agreed,  unavoidable  delays  from  any  cause  excepted, 
the  said  company  shall  become  liable  for  damages  in 
su<;h  sum  as  may  be  determined  by  any  court  of  compe- 
tent jurisdiction,  and  the  city  shall  have  the  option  to 
declare  the  contract  terminated  and  the  franchise  for- 
feited. 

to?c|uirero^5  ^^T.  2117.  In  casc  of  forfeiture  or  termination  of 
contract  from  any  cause,  except  it  be  under  a  new  and 
distinct  agreement,  the  city  shall  have  the  option  to  ex- 
ercise the  right  of  acquiring  the  road,  fixtures,  etc.,  as 
if  the  contract  had  continued  to  its  stipulated  period. 

tick?ts  ^'"■""^^  Art.  2118.  And  the  company  shall  further  agree  to 
commence  the  sale  of  through  tickets  to  actual  residents 
above  Napoleon  avenue  on  the  first  of  November  next. 
Price  of.  ig82,  at  the  rate  of  ten  (10)  tickets  for  fifty  (50) 
cents,  and  it  shall  be  distinctly  understood  that  never, 
under  any  circumstances,  shall  the  price  of  tickets  be 
more  to  actual  residents  above  Napoleon  avenue  than 
fifty  cents  for  ten  (10)  tickets,  good  from  Canal  street 
to  CarroUton,  except  in  the  night  cars, 
steam  as  a     Art.  2119.  It   shall  also  be   understood   and   agreed 

motive  power.  .      , 

that   steam  shall   not  be  used   as  a  motive  power  below 
Napoleon  avenue,  except  with  the  consent  of  a  majority 
of  the  propertyholders   on   said  street  below   Napoleon 
avenue. 
Cession  neu-     ^j^^j,   2120.  And  the  said  company   shall   also   waive 

tral   ground  on  '-         ^ 

St.  Charles  ave.  ^-^^^  abaudou  and  cede,  sell  or  transfer  to  the  city  of 
New  Orleans  any  and  all  right,  title  and  interest  which 
said  company  has  or  may  have  as  owner,  whether  claim- 
ing under  expropriation  or  voluntary  cession  in  and 
to  any  part  of  the  neutral  ground  on  St.  Charles  street, 
and  agrees,  so  far  as  it  can,  that  said  neutral  ground 
shall  absolutely  be  and  remain  a  public  street  and  high- 
way under  the  control  of  the  city  of  New  Orleans. 


RAILROADS.  797 

Art.  2121.  (2)  That  in  all  matters  and   particulars  in    in  case  of 

,.,,  ,..  ,         .        ,.  ,  .  conflict  how 

which  the  terms,  conditions  and  stipulations,  herein  ex-  settled. 
pressly  set  forth,  may  conflict  or  differ  from  those  in 
,said  original  Ordinances  Nos.  7812  and  7830,  these  said 
ordinances  shall  be  considered  modified  and  repealed  ; 
in  all  other  respects,  and  when  there  is  no  (Conflict  or 
i'hange,  all  the  specifications,  terms,  etc.,  shall  be  in 
force  and  constitute  part  of  the   contract  to    be  entered 

.,11  .        ,       .  .  ,      Night  cars  on 

into,  excepting  also  specially  the  stipulation   in   regard  Jackson  street, 
to  all  night  cars  on  Jackson  street,  from  the  obligations 
to   run   which   the  company  is  hereby    expressly    ab- 
solved. 

Art.  2122.  Whereas,  the  New  Orleans  &  Carrollton    n.  xc.  r.r. 

Co.    agreement 

Railroad  Company  has   agreed   to   pave    70,000  square  to  pave. 

yards  of  such  place  on  St.  Charles  avenue  as   the  city  a.  s.'^ 

may  designate,  with  such  pavement  selected  by  the  city 

as  shall  not  exceed  in  cost  $3  per   square   yard,  said  $3   cost  per  yard. 

per  square  yard  to  include  the  cost  of  all   new  culverts, 

bridges,  curbs  or  repairs   or   additions    to  old  culverts, 

bridges  or  curbs  and  fillings  ; 

Art.  2123.  Whereas,  said  company  has  agreed  to  Agreement  to 
pave  13,000  square  yards  of  such  places  as  the  city  may  peVyard^.^  ^'^^ 
designate  with  such  pavement,  selected  by  the  city,  as 
shall  not  exceed  in  cost  $5.75  per  square  yard,  said  $5.75 
per  square  yard  to  include  the  cost  of  all  new  culverts, 
bridges,  curbs  or  repairs  or  additions  to  old  culverts, 
bridges  or  curbs  and  filling,  and  all  alterations  to  or 
making  of  neutral  grounds  on  Canal  street ; 

Art.  2124.  Whereas,  new  culverts,  bridges,  curbs  and   New  culverts 

'  >  &       ?  bridges,  etc.      » 

repairs  and  additions  and  filling  are  essential  in  laying 
said  pavements ; 

Art.  2125.  (1)  That  wherever  the  cost  of  pavement  Oniy$2S4,- 
and  new  culverts,  bridges,  curbs,  repairs,  additions  and  by°company.^' 
filling  shall  exceed  the  above  rates  per  square  yard,  the 
same  shall  be  done  and  the  number  of  square  yards  of 
pavement  to  be  laid  shall  be  reduced  accordingly,  it 
being  understood  that  the  sum  of  $284,500  to  be  expended 
upon  pavements,  etc.,  by  said  company  is  not  to  be  re- 
duced or  increased,  but  is  to  be  expended  upon  pave- 
ments, culverts,  bridges,  filling,  repairs,  curbs  and  ad- 


798  RAILROADS. 

Bills  to  be(]i^|f)ng  under  contract,  to  the  lowest  bidder  accepted  bv 

approved.  '  '■  * 

the  city,  all  bids  for  said  pavements,  culverts,  bridges, 
curbs,  repairs,  filling  or  additions  to  be  paid  when  ap- 
proved by  the  Administrator  of  Improvements  and  City 
Surveyor. 

Turntable,     Art.  2126.   (1)  That  uutil  such  time  as  the  New  Or- 

Canal  and   Ba-  ^ 

ronne  streets,  leaus  &  CarroUtou  Railroad  Company  shall  be  able  to 

Ord.  No.  80S7,  ,       .  .     ,  ,       .  ^  r^^     ^^ 

A.  s.  exercise  their  right  to  run  their  cars  on  the  Claiborne 

Oct.  n,  1SS2. 

Street  Railroad  Company's  track  on  Canal  street,  said 
New  Orleans  &  CarroUton  Railroad  Company  shall  have 
the  right  to  use   the  turntable  at  the  intersection   of 
Canal  and  Baronne  streets ;  and  it  is  also  agreed  that 
when  said  company  shall  be  in  possession  of  the  right  to 
use  said  Claiborne  Street  Railroad  Company's  tracks  it 
shall  have  the  right  to  use  said  turntable  on  such  holi- 
days or  days  when  the  cars  are   obstructed  on  Canal 
street. 
Pavement  on     Art.  2127.  (l)That  the  Ncw  Orlcaiis    &    CarroUton 
j^Jkrousts.     Railroad  Company  be   and   it   is   hereby   authorized  to 
c.  s.'  ^  °'^^'^'pave  the  streets  between  its  tracks  on  Baronne  and  Jack- 
*"■  ^  '     ■    son  streets  with  what  is  known  as  the   Sapless  Wyckoff 
wooden  pavement. 

Trails.  Art.  2128.  (2)  Thatthe  CarroUton  Railroad  Company 

Amended  by  is  autliorized  to  trausform   the    *'T"  rail   now  existing 

Ord.  No.  3S0S, 

c.  s.  on  Jackson  street,  to  the  satisfaction  of  the  City  Sur- 

veyor, b}^  means  of  an  iron  chair  without  taking  up  the 
said  ''T"  rail  and  substituting  a  new  form  of  rail  there- 
for. 
Lines  and     Art.  2129.  (3)  That  all  of  the  work  herein  provided 

lb.  shall  be  done  under  lines,  levels  and  specifications  to  be 
furnished  by  the  City  Surveyor  and  subject  to  his  ap- 
proval and  that  of  the  Board  of  Health. 
Wooden  pave      Art.  2130.   (4)  That  at  the  expiration  of  the  time  for 

lb.  which  the  said  wooden  pavement  is  guaranteed,  on 
thirty  days'  notice,  the  company  shall  substitute  some 
other  serviceable  pavement  in  lieu  of  the  wooden  pave- 
ment, should  said  wooden  pavement  prove  unsatisfactory 
according  to  the  report  of  City  Surveyor,  or  entirely  re- 
construct the  said  wooden  pavement,  as  the  case  may  be. 


RAILROADS.  799 

Aur.  2181 .   ("))  That  the  laying  of  said  wooden  pave-    completion, 
luent  and   the  transformation  of  said  "T"  rail  shall  be    Amended  by 
completed  on  or  before  the  15th  day  of  Jnne,  1889,  and  c.'^s. 
in  the  event  of  failure  to  complete  such  work  on  the 
last  day  above  mentioned,  the  company,   in  addition  to 
other   penalties  now    provided   by    law,    shall    forfeit 
twenty-five  dollars  per  day  for  each  and  every  day  be- 
yond the  first  day   of  May,    1889,    to  be  recovered  be- 
fore any  court  of   competent  jurisdiction  as   liquidated 
damag^es. 

Art.  2132.  (6)  That  in  consideration  of  the  grants  and  c°"^''^'^''^"°;;- 
modifications  herein  made  of  its  said  contract  with  the 
city  of  New  Orleans  the  Carrollton  Railroad  Company 
agrees  to  pay  to  the  city  of  New  Orleans  the  sum  of 
twenty-five  hundred  ^2500)  dollars  cash,  the  same  to 
be  used  and  appropriated  by  the  city  of  New  Orleans 
toward  the  pavement  of  the  present  unpaved  portions 
of  Jackson  street,  between  8t.  Charles  street  and  the 
river ;  and  the  said  Carrollton  Railroad  Company  shall 
further  bind  and  obligate  itself  to  lay,  at  its  own  ex- 
pense, according  to  lines,  levels  and  specifications  to  be 
furnished  by  the  City  Surveyor,  upon  any  street  that  the 
city  of  New  Orleans  may  designate,  on  or  before  the  1st 
day  of  July,  1889,  five  hundred  square  yards  of  the  said 
Sapless  Wyckoff  wooden  pavement,  the  same  to  be  laid 
as  an  experimental  test  of  the  value  of  said  pavement. 

Art.  2188.  (7)  That  the  railroad  company  be  and  is  Notarial  con- 
hereby  re(|uired  to  enter  into  a  contract  before  the  City  '  ib. 
Notary  with  the  city  of  New  Orleans,  accepting  this  ordi- 
nance and  its  provisions,  and  when  duly  executed  said 
amended  contract  shall  become  a  part  of  the  original 
contra(tt  entered  into  on  the  7th  day  of  August,  1882, 
by  virtue  of  Ordinances  Nos.  7812,  7830,  7893,  A.  S. 

Art.  2134.  (8)  That  all  ordinances  or  parts  of  or-  Repealing 
dinances  in  conflict  with  provisions  of  this  ordinance  be*^'*"*^*  ib. 
and  the  same  are  hereby  repealed. 

Art.  2135.  (1)  That  the  New  Orleans  &  Carrollton  Authorized  to 
Railroad  Company  is  hereby  authorized  and  empowered hT&d  eieanc 
to  operate  its  cars  along  the  streets  wherever  it  is  now  ^^rd^No.  5847, 
entitled  to  run  a  street  railway  by  the  overhead  electric  ^'d^c.s,  1S91. 
system. 


800 


RAILROADS. 


Poles.  ^^  Art.  2136.  (2)  That  the  said  road  be  authorized  to 
erect  and  maintain  poles  of  an  ornamental  character,  to 
be  made  of  iron  or  steel,  on  both  sides  of  the  streets 
whereon  it  has  the  right  of  way,  at  such  points  as  the 
engineer  in  charge  of  their  erection  may  determine, 
with  the  approval  of  the  City  Engineer,  and  to  connect 
tlie  poles  on  the  opposite  sides  of  said  streets,  and  do 
whatever  is  necessary  to  place  the  wires  properly  to  con- 
vey the  electric  current  for  the  propulsion  of  the  ears; 
provided,  that  wherever  the  said  railroad  operates  its 
street  railway  along  the  neutral  ground  that  the  said 
road  shall  be  confined  to  one  line  of  poles  to  be  placed 
on  the  neutral  ground  between  the  tracks. 

Speed.  ^^  Art.  2137.  (3)  That  the  said  railroad  company  shall 
run  its  cars  from  Canal  street  to  the  neutral  ground  on 
the  upper  side  of  Lee  Circle  at  no  greater  speed  than 
six  miles  an  hour,  and  that  it  shall  run  its  cars  along 
the  neutral  ground  from  the  upper  side  of  Lee  Circle  to 
Carrollton  and  along  the  branch  roads  of  the  system  at 
no  greater  speed  than  fifteen  miles  an  hour. 

Power-house,  Art.  2138.  (4)  That  the  said  company  shall  have  the 
right  to  erect  power-houses  with  suitable  appliances  for 
the  generation  of  electricity ;  and  to  connect  the  same 
with  the  wires  upon  their  road,  and  shall  be  considered 
a  part  of  the  property  and  appurtenances  that  is  to  re- 
vert to  the  city  at  the  expiration  of  said  contract,  as  pro- 
vided therein. 

clis'^*'  ""^  ^^''"'      ^^'^-  -^^^-  (•^)  "^^^^  *^^^  rights  herein  granted  shall 
^^-  continue  during  the  existence  of  the  contract  between 
the  city  and  said  railroad  company. 
Cut  or  raise     Art.  2140.  (6)  That  the  Said  Carrolltou  Railroad  Com- 
wires.         ib.pany  shall,  at  the  request  of  the  Mayor,  raise  or  tempo- 
rarily cut  their  wires  at  the  intersection  of  streets  when- 
ever occasion  may  require ;  also  restore,  to  the  satisfac- 
tion of  the  Commissioner  of  Public   Works   and   City 
Engineer,  the  streets   and  highways  disturbed   in   the 
prosecution  of  the  work  herein  authorized. 

Art.  2141.  (7)  That  upon  the  operation  of  the  sys- 
tem herein  the  said  Carrollton  Railroad  Company  shall 
))e  and  they  are  hereby  required  to  place  a  conductor  on 


RAILROADS.  801 

each  motor  car,  with  or  without  trailers,  to  collect  fares,    conductor, 
make  change  and  care  for  the  comfort  and  safety  of  pas-    Amended  by 
sengers.     The   fare   from   Canal  street  and  Carrolltonas     °'        ' 
shall  remain  as  at  present,  say  five  (5)  cents  between     *"'  '^' 
Canal  street  and  Napoleon  avenue,  and  five  (5)  cents 
between  Napoleon  avenue    and   Carrollton,    except  to 
actual   residents  above  Napoleon    avenue.      Provided, 
that  the  Carrollton  Railroad  Company  shall  agree  to  sell 
tickets  in  packages  of  ten  (10)  to  any  person,  at  fifty 
(50)  cents  a  package,  each  of  said  tickets  entitling  the 
holder  to  one  ride  to  and  from  Canal  street  to  Carrollton 
or  for  any  intermediate  distance  on  said  route,  or  to  and 
from  Carrollton  to  Canal  street,  or  for  any  intermediate 
distance  on  said  route,  except  between  the  hours  of  12 
o  clock  p.  M.  and  4  o'clock  a.  m.,  when  the  fare  shall  be 
ten  (10)  cents  in  either  direction. 
Art.  2142.  That  the   Carrollton  Railroad   Company    stops. 

"^     Ord.  No.  sS47« 

shall  not  be  required   to  stop   their  cars  to  receive   ores, 
discharge  passengers  except  at  the  far  side  of   cross  or 
intersecting  streets,  whether  going  up  or  down. 

Art.  2143.  (1)  That  the  work  hereunder  shall  be  com-     Work  com- 
menced within  three  months  and  completed  within  nine  completed, 
months  from   the   promulgation   hereof,  otherwise  this 
ordinance  shall  be  t;pso  facto  null  and  void. 

Art.  2144.  That  theprivilegebeand  is  hereby  granted  Extending 
to  the   New  Orleans  &  Carrollton  Railroad  Company  to '  ordf  No.  617a, 
extend  their  tracks  through  the  upper  side  of  Carrollton  Man  22, 1893. 
avenue  to  Fifth   street,   up   Fifth   street  to  Upperline 
street,  or  protection  levee,  thence  back  on  Fifth  street  to 
upper  side  of  Carrollton  avenue,  and  through  upper  side 
of    Carrollton   avenue   to   connect   with   tracks   on   St. 
Charles  avenue,  and  that  the  City  Surveyor  is  hereby 
authorized  and  instructed  to  give  the  lines  and  levels  for 
this  purpose. 

Art.  2145.  (1)  That  the  Comptroller  be  and  he  is  here-  comptroller 
by  authorized  and  directed  to  advertise,  according  to  law,  adtertulexten^ 
and  to  sell  at  public  auction,  to  the  highest  bidder,  an  ® ord.  No.  6173, 
extension  of  the  franchise  of  the  New  Orleans  &  Car-'^Mar.a2, 1893. 
rollton  Railroad  Company,  for  twenty-five  years,  from 
the  date  of  the  expiration  of  its  present  franchises. 


802  RAILROADS. 

Consideration  Art.  2146.  Provided,  that  the  party  or  parties  buying 
this  franchise  shall  agree  to  expend  for  the  same  in 
improvements  a  sum  of  not  less  than  one  hundred  and 
fifty  thousand  dollars,  said  improvements  to  consist  in 
the  paving  with  gravel  of  the  wood  side  of  St.  Charles 
avenue,  from  its  intersection  with  Louisiana  avenue 
to  the  terminus  of  the  present  asphalt  pavement, 
on  the  river  side  of  St.  Charles  avenue,  and  shall 
furthermore  agree  to  use  any  unexpended  balance 
left  over  from  the  paving  of  St.  Charles  street 
to  pave,  under  similar  specifications,  both  sides  of 
Jackson  street  from  ^the  terminus  of  the  asphalt  pave- 
ment to  Tchoupitoulas  street,  and  the  short  block 
between  Tchoupitoulas  street  and  the  levee  with  Belgian 
blocks  upon  a  concrete  foundation.  The  whole  work  to 
be  executed  accordmg  to  and  in  conformity  with  plans 
and  specifications  to  be  prepared  by  the  City  Engineer 
and  to  be  submitted  to  the  City  Council  for  approval. 

Completion  of     Art.  2147.  Said  work  to  be  begun  within  three  months 

work.  ° 

lb.  from  the  date  of  adjudication  of  contract,  and  to    be 
completed  within  twelve  months  thereafter. 

®'^**  lb.  Art.  2148.  Provided,  furthermore,  that  any  or  all  bids 
be  subject  to  the  acceptance  or  rejection  of  the  City 
Council. 

Accepting  bid     Art.  2149.   That  the   Mayor  be   and   he   is   hereby 
?oiitoi**  ^iSl-  authorized  and  directed  to  enter  into  notarial  contract 
'^r^d.  No.  6743,  with  the  New  Orleans  &  Carrollton  Railroad  Company 
%e"pt.  27, 1892.  f or  an  extension  of  the  franchise  of  the  New  Orleans 
&  Carrollton  Railroad  Company  for  a  period  of  twenty- 
five   years   from  the  expiration  of  their  present  fran- 
chise, in  accordance  with  the  provisions  of   Ordinance 
No.  6178,  Council  Series,  and  as  per  specifications  on 
file  in  the  office   of    the  City  Engineer  and  published 
by  the  Comptroller,  as  per  their  bid  of  September  13, 
1892. 
Extending     Art.  2150.  That  the  privilege  is  hereby   granted  to 
ord.  No.  67SS,  the  Ncw  Orleans  &  Carrollton  Railroad  Company  to  ex- 
Sept.  27, 1892.  tend  their  tracks  on  Napoleon  avenue  along  the  neutral 
ground  of  same  across  Tchoupitoulas  street  by  a  suita- 


RAILROADS.  803 

T)le  curve  on  Napoleon  avenue,  to  reach  their  property- 
located  in  square  86,  all  as  shown  on  the  chart  annexed. 

Art.  2151.  (2)  That  the  privilege  is  hereby  granted  Lay  tracks  on 
to  the  New  Orleans  &  Carrollton  Railroad  Company  to  "''''''"  ^'"^i^; 
lay  a  single  track  on  the  neutral  ground  of  Carrollton 
avenue  from  Fifth  street  to  Jeanette  street,  thence  to 
Madison,  and  through  Madison  street  to  connect  with 
their  tracks  on  Fifth  street,  as  also  to  Dublin  street 
from  Jeanette  street,  to  connect  with  their  tracks  on 
Fifth  street,  all  as  shown  on  the  accompanying  plan. 

Art.  2152.  (3)  That  all  these  tracks  are  to  be  con-    Lines  and 
structed  to  lines  and  grades  to  be  given  by  the  City  ^'■*'^*®-       ib. 
Engineer,  and  the  construction  of  same  as  to  kind  of 
rails,  style  of  construction  and  all  material  and  work- 
manship are  to  be  to  the  satisfaction  of  the  City  En- 
gineer. 

Art.  2153.  That  in  the  reconstruction  of  the  tracks  of  Tracks  around 

Lee  Circle. 

the  New  Orleans  &  Carrollton  Railroad  Company  around  ^o^d.  No.  8543, 
Lee  Circle  that  they  be  located  adjacent  to  the  existing  Jan.  a,  1894. 
curb  line  of  the  sidewalk  of  the  circle,  in  conformity 
with  the  plan  adopted  by  the  City  Council.  The  exist- 
ing pavement  on  that  portion  of  the  street  now  occupied 
by  their  tracks  to  be  taken  up  and  relaid  at  such  grades 
and  in  such  manner  as  directed  by  the  City  Engineer, 
and  the  necessary  conduits  for  water,  gutters,  etc.,  to  be 
constructed. 

Art.  2154.  That  this  work  shall  be  done  at  the  entire    Lines  and 
expense  of  the  said  New  Orleans  &  Carrollton  Railroad        '         ib. 
Company,  and  under  the  direction  of  and  according  to 
lines  and  levels  to  be  given  by  the  City  Engineer. 

Art.  2155.  That  permission  be  and  is  hereby  granted  Permission  to 
to  the  New  Orleans  &  Carrollton  Railroad  Company  to 'pirment?°'^'" 
remove  from  between  their  tracks  and  rails  on   Baronne  c?sf '  ^°'  ^'^^' 
street,  between  Canal  street  and  Howard  avenue,   the    ^^^  ^'  '^* 
existing   wooden   blocks   and   the   planks   between  the 
tracks  and  rails  on  Jackson  street,  between  the  river  and 
St.  Charles  avenue,  and  to  replace  this  pavement  with 
either  Belgian  block  or  vitrified  brick,  in  lieu  of  asphalt, 
as  being  for  the  best  interests  of  the  public. 

Art.  2156.  That  whichever  class  of  pavement  is  used 


804  RAILROADS. 

Specifications  shall  he  laid  on  a  base  of  six  inches   of  concrete,  and 

men"*''  ^^^^  prioF  to  the  laying  of  the  pavement  the  roadbed  will  be 

'thoroughly  ballasted  with   good,   substantial   material', 

gravel  or  hard  ballast,  sufficiently  solid  and  firm,  and  of 

sufficient  depth  to  thoroughly  and  securely  maintain  in 

permanent  position  the  roadbed. 

Thorough  anci     Art.  2157.  That  the  laying  of  this  pavement  and  the 

substantial  .^       &  f 

placing  of  the  tracks  m  proper  condition  to  be  done  in 
the  most  thorough  and  substantial  manner  and  to  the 
entire  satisfaction  of  the  City  Engineer. 
Outside  rails.     Art.  2158.  That  ou  the  outside  of  the  outside  rails  of 
the  tracks  on  Jackson  and  Baronne  streets  there  will  be 
placed  on  a  base  of  concrete  toothing  stones,  evenly  and 
uniformly  laid,  and  the  joints  filled  with  paving   pitch. 
Curves  and     ART.  2159.  That  the  City  Engineer  be  and  is -hereby 
Liberty  Place,  authorizcd  to  usc  such  portious  of  Delta   street  end  of 
c.  s.'     '  '   '  Liberty  Place  as  is  necessary  to  allow  of  the  construction 
"of  the  necessary  tracks   for   the  passage  of  cars  of  the 
New  Orleans   &    Carrollton  Railroad  around  either  end 
of  said  square  to  connect  their  tracks  on  the  north  side 
of  Canal  street  with  those  on  the  south   side,  substan- 
tially as  shown  in  the  diagram  prepared  by  the  City  En- 
gineer,   and   herewith   submitted ;  .  provided,  that  said 
railroad  company  shall  bind  itself  to  keep   the  grounds 
in  proper  condition  hereafter  and  during  the  enjoyment 
of  its  privilege,  as  may  be  determined   by   the  commis- 
sioners in  charge. 
Banquettes     Art.  2160.  (2)  Providcd,  that  said  railroad  company 

tobere-ar-  ""'  '  r       ^ 

ranged.  hereby  binds  itself  to  restore  the  Schillinger  pavement 

that  may  be  taken  up  for  the  laying  of  its  tracks,  and  to 
rearrange  the  sidewalk  so  as  to  preserve  the  symmetry 
of  Liberty  Place  to  the  satisfaction  of  the  commissioners 
in  charge  thereof ;  and  provided  further,  that  said  Car- 
rollton Railroad  Company  shall  obligate  itself  to 
furnish  a  supply  of  water  for  the  sprinkling  of  Liberty 
Place. 
thMize^dtocon"  ^^'^*  ^^^^-  (^)  "^^^^  the  Mayorbc  and  he  is  hereby  au- 
tract.  thorized  and  directed  to  enter  into  notarial  contract  with 

the  said  New  Orleans  &  Carrollton    Railroad  Company 
in  accordance  with  the  provisions  of  this  ordinance. 


RAILROADS.  805 

Art.  2162.  (4)  That  this  ordinance  shall  take  effect    Take  effect, 
from  and  after  its  passap^e. 

Art.  2163.  That  the  City  Engineer  be  and  he  is  hereby  j^^^Pf^Yf^^  °^J 
directed  to  prepare  plans  and  specifications  for  putting  J'n°(j"st.^charre's 
said  intersection  of  Louisiana  avenue  and  St.  Charles  ^^«^*^^  ^^ 
avenue  in  proper  condition  and  report  the  same  to  the  ^--^^^  ,    jg^, 
Council. 

Art.  2164.  That  as  soon  as  the  said  plans  and  specifi-  ®'*^*-  jb. 
cations  have  been  approved  by  this  Council  that  the 
Comptroller  be  and  he  is  hereby  directed  to  advertise 
for  five  (5)  days,  in  the  official  journal,  for  bids  for 
placing  said  intersection  in  proper  condition  according 
to  said  plans  and  specifications,  and  under  the  provi- 
sions of  this  ordinance  the  Council  reserve  the  right  to 
reject  any  or  all  bids. 

Art.  2165.  That  as  soon  as  the  above-mentioned  work  Payment, 
has  been  completed  and  accepted  by  the  City  Engineer 
and  Commissioner  of  Public  Works,  that  the  said 
City  Engineer  and  Commissioner  of  Public  Works  shall 
at  once  issue  a  certificate  for  the  contractor  and  against 
the  city  of  New  Orleans  for  the  full  amount  of  the  bill 
for  the  said  work.  Said  certificate  to  be  paid  out  of  the 
permanent  public  improvement  fund. 

Art.  2166.  That  as  soon  as  the  amount  of .  said  bill   ciiy  Attorney 
for  said  work  is  ascertained  that  the  City  Attorney  beaglTLtV.^o. 
and  he  is  hereby  directed  to  enter  proceedings  in  the  r.  and  n."o. 
proper  court  in  the  name  of  the  city  of  New  Orleans    '^^'^ '°"    "ib. 
against  the   New  Orleans  &  Carrollton   and   the   New 
Orleans  Traction  Company  to  recover  from  said  New 
Orleans  &  Carrollton  Railroad  Company  and  the  New 
Orleans  Traction  Company  each  their  proportion  of  said 
work ;  such  proportion  to  be  determined  by  the  said  City 
Engineer. 

Art.  2167.  That  all  ordinances  and  parts  of  ordinances  Repeal  clause, 
that  will  conflict  with  the  provisions  of  this  ordinance  be  ^^' 

and  the  same  are  hereby  repealed. 


806  RAILROADS. 

Canal  &  Claiborne  Railkoad  Companies. 

Specifications  for  Operating  and  Constructing  Rail- 
roads Through  or  Upon  the  Following-Named  Streets 
OR  Highways,  which  are  Occupied  by  Tracks  of  the 
Canal  &  Claiborne  Railroad  Companies. 

Route— Canal      1.  Commencing  at  the  intersection  of  Wells  and  Canal  streets. 

Street  Line.  on  the  north -side  roadway,  thence  to  the  north  side  of  the  neu- 
tral ground  at  Decatur  street,  thence  to  the  river-side  avenue  of 
the  central  ground  of  Claiborne  street,  thence  to  the  east  or  lower 
side  roadway  of  Elysian  Fields,  thence  to  Urquhart  street,  thence 
to  Lafayette  avenue,  thence  on  the  central  ground  of  Lafa- 
yette avenue  to  the  north  or  lake  side  of  St.  Claude  street,  thence 
to  the  west  or  upper  side  roadway  of  Elysian  Fields  street, 
thence  to  the  lake  side  of  the  central  ground  of  Claiborne  street, 
thence  to  the  north  side  of  the  neutral  ground  of  Canal  street. 
thence  to  Magazine  street,  and  thence  to  the  south  roadway  of 
Canal  street  to  the  starting  point,  the  intersection  of  Wells  and 
Canal  streets. 
Route— Canal     2.  Commencing  at  the  intersection  of  Wells  and  Canal  streets, 

Street  Line.  on  the  north  roadway,  thence  to  the  north  side  of  the  neutral 
ground  at  Decatur  street,  thence  to  the  centre  of  the  neutral 
ground  of  Rampart  street,  thence  to  the  south  or  upper  side  of 
the  centre  of  Tulane  avenue,  thence  to  the  station  and  Roche- 
blave  street,  thence  to  the  north  or  lower  side  of  Tulane  avenue, 
thence  to  the  centre  of  neutral  ground  of  Basin  street,  thence  to 
the  south  side  of  the  neutral  ground  of  Canal  street,  thence  to 
Magazine  street,  and  thence  on  the  south  roadway  of  Canal 
street  to  the  starting  point,  the  intersection  of  Wells  and  Canal 
streets. 
Route-Girod     3.  Commencing  at  the  intersection  of  Front  and  Canal  streets. 

stre^t°i^ine'^  *  ^  ^^^"^^  *^  (rirod  Street,  thence  to  Liberty  street,  thence  to  South 
Poydras  street,  thence  to  lake  side  of  the  centre  ground  of  Clai- 
borne street,  thence  to  the  Canal  street  and  Tulane  avenue  car 
tracks  on  Tulane  avenue,  thence  to  the  station  and  Rocheblave 
street,  and  back  on  Tulane  avenue  to  the  rivei  side  of  the  central 
ground  of  Claiborne  street,  thence  to  Perdido  street,  thence  to 
Carroll  street,  thence  to  Poydras  street,  thence  to  Fulton,  and 
thence  to  the  point  of  starting,  the  intersection  of  Front  and 
Canal  streets. 
Extensions—  ].  The  Canal  &  Claiborne  Streets  Railroad  Company  shall 
avenue,  j^^^^  ^.j^^  privilege  of  extending  a  double  track  from  their  present 
terminus  at  Rocheblave  and  Tulane  avenue  through  Tulane  ave- 
nue and  such  other  street  as  may  be  designated  by  the  City  Coun- 
cil, except  Canal  street,  to  the  Metairie  Road. 
Poydras  street.  2.  Of  extending  a  double  track  on  Poydras  street  from  Clai- 
borne to  Broad  street,  on  Broad  street  from  Poydras  to  Tulane 
avenue,  and  thence  to  Rocheblave  and  Tulane  avenue,  their  pres- 
ent station  and  terminus. 


RAILROADS.  807 

3.  Of  extending  their  tracks  now  on  Liberty  street  from  South  Liberty  and 
Poydras  street  to  Tulane  avenue,  and  on  Franklin  street  from  ^^/gg^ts"  **  '  '  " 
Tulane  avenue  to  North  Poydras  street,  and   on  North   Poydras 

street  from  Franklin  to  Liberty  street. 

4.  Of  extending  their  tracks  from  their  present  terminus  at  urquhart 
Urquhart  and  Lafayette  avenue,  on   Urquhart  street   to   Louisa,  street. 

on  Louisa  street  to  St.  Claude  street,  on  the  lake  side  of  St.  Claude 
street  to  Lafayette  avenue. 

5.  Of  extending  their  tracks  on  Elysian  Fields  street,   on  the  Eiysian  Fields 
east  or  lower  side,  from  Urquhart  to  St.  Claude  streets.    Partial  ^*''^*'^' 
extensions  of  these  privileges  to  be  made  from  time  to  time  as  in 

the  company's  judgment  the  additional  service  is  required,  with 
all  the  necessary  turnouts,  switches,  turn-tables,  etc.,  that  may 
be  necessarv.    Where  new  tracks  or  extensions  are  constructed     _  ., 

Rails. 

or  repairs  to  old  tracks  are  made,  the  construction  in  roadways 

shall  be  liat.  four  (4)  or  live  (5)   inch  wide   steel   or  iron  rails, 

fastened  to  stringers,  or  girder  steel  rails,  with  suitable  fastenings, 

and  top  of  rail  to  be  flush  with  surface  of  roadways  and  kept  so 

during  the  term  of  franchise.    The  stringers  shall  be  held  to-      '""?«•■*• 

gether  with  tie-rods  where  no  granite  pavements  exist,  and  shall 

be  well   keyed    and  otherwise  screwed  to  crossties.      On  the 

outer  side  of  each  rail  shall  be  placed  a  three  (3)  by  twelve  (12) 

inch  yellow  pine  plank  on  the  streets  where  no  pavements  exist, 

the  neutral  and  centre  grounds  excepted. 

The  company  have  the  option  of  the  above  manner  of  construe-  .  Gauge,  cross- 
tion  in  neutral  and  central  grounds,   or  that  of  T  steel  or  iron '""' 
rails,  spiked  cross-ties. 

The  gauge  shall  be  live  (5)  feet  two  (2)  inches  and  five  eighths 
(^g)  of  an  inch  wide.  The  crossties  shall  be  of  the  best  quality 
of  cypress  or  upland  yellow  pine  eight  feet  long,  not  less  than 
eight  inches  in  width  and  six  (6)  inches  in  depth  or  thickness; 
they  must  be  either  sawed  or  hewed  on  two  opposite  sides,  notched 
two  (2)  inches  in  depth  for  the  insertion  of  the  stringers,  and 
their  distance  shall  not  be  more  than  four  (4)  feet  from  centres. 
The  notches  or  gains  must  not  be  rectangular,  but  must  be  trape- 
zoidal, and  the  keys  or  wedges  must  be  of  cypress. 

The  stringers  shall  be  of  the  best  (juality  of  milled  cypress  or    stringer, 
upland  yellow  pine  twenty  feet  in   length,  not  less  than  twelve 
(12)  inches  in  depth  and  five  (5)   inches  in  width.    They  shall 
be  fastened  to  the  crossties  by  keying  and  wedging  with  cypress 
wedges  on  their  inner  sides. 

They  shall  be  prevented  from  spreading  at  top,  where  there    xie-rods 
are  no  square  block  granite  pavements,  with  tie-rods  five-eighths 
{%)   of  an   inch   in   diameter,  having  suitable   lengths,  heads, 
washers  and  nuts  placed  ten  (10)  feet  apart. 

The  flat  rails  must  rest  on  suitable  chairs  at   their  ends,  and  be    R^tis. 
spiked  to  the  stringers  with  five    (5)   inch   wrought  iron  spikes. 
Where  T  or  girder  rails   may  be   used  they  must  be  firmly  fast- 


808  RAILROADS. 

ened  together  with  fish-plates  and  suitable  bolts  having  heads, 
threads,  washers  and  nuts,  and  be  fastened  to  each  crosstie  with 
four  usual  spikes.  The  existing  tracks  in  the  above  enumerated 
routes  may  be  used,  but  must  be  put  in  good  order  after  the  man- 
ner of  their  present  construction,  and  the  said  company  shall 
maintain  two  feet  of  the  street  on  the  outer  side  of  each  rail 
tracks  in  good  order  and  condition. 

Bridges.  The  Street  bridges,  where  crossed  by  the  company's   tracks 

throughout  their  routes,  shall  be  placed  in  flrst-class  order,  and 
be  kept  so  during  the  term  of  franchise. 

The  bridges  over  the  Carondelet  Navigation  Canal  and  drain- 
ing canals,  when  and  where  crossed  by  any  of  these  lines,  must 
be  kept  in  good  order  and  condition. 

That  over  the  Carondelet  Canal  shall  be  under  the  supervision 

of  the  Commissioner  of  Public  Works,  who  shall  see  that  it  is 

opened  and  closed  as  commerce  demands. 

The  expense  of  one  bridge-keeper  to  be  borne  by  the  company. 

stables,     At  the  present  termini  the  company  will  have  the  right  of  erec- 

ops,  ec.  ^.^^  ^^  ^^j  necessary  stables,  shops,  car-houses,  etc.,  necessary 
for  operating  the  cars  on  the  grounds  which  are  or  may  be  owned 
by  the  company. 

Motors.  Mules  or  horses  are  to  be  the  motors  of  these  lines,  and  when 

upon  the  road  they  must  be  belled  with  the  usual  car  bell,  and 
not  driven  at  a  greater  speed  than  six  miles  per  hour.  For  any 
other  motor  the  company  must  obtain  special  permission  from 
the  City  Council. 

Lines    and     The  Company  will  have  the  right  of  all  necessary  turntables, 
gra  es.  turnouts,  Switches  and  sidetracks   approved  by  the  City  Council. 

The  lines  and  grades  for  any  extension  of  tracks  shall  be  fur- 
nished by  the  City  Surveyor,  and  all  construction  for  such  during 
this  franchise  is  to  meet  the  approval  of  both  the  Commissioner 
of  Public  Works  and  the  City  Surveyor. 

Time  sched-     The  cars  of  the  several  lines  must  leave  the  stations  or  termini 

ule  for  running  „„  .„,,„     „ 

cars.  ^  as  follows: 

1.  Canal  and  Claiborne  cars  commencing  at  five  (5)  A.  m.  and 
continuing  at  intervals  of  time  not  exceeding  five  (5)  minutes 
until  eight  (8)  p.  m.  ;  then  not  exceeding  fifteen  (15)  minutes  un- 
til twelve  thirty  (12  :30)  A.  M. 

2.  The  Canal  and  Tulane  avenue  cars  commencing  at  five  (5) 
A.  M.  and  continuing  at  intervals  of  seven  and  one-half  (7}i)  min- 
utes until  eight  p.  M.,  and  then  every  thirty  (30)  minutes  until 
twelve  (12)  p.  m. 

3.  The  Girod,  Tulane  avenue,  etc.,  cars  commencing  at  five  (5) 
A.  M.,  continuing  at  intervals  of  fifteen  (15)  minutes  until  eight 
(8)  p.  M.,  then  every  thirty  (30)  minutes  until  twelve  (12)  p.  M. 

Cars.  The  cars  must  be  of  the  latest  improved  pattern,  be  kept  clean, 

and  provided  with  suitable  signal  and  interior  lights. 


RAILROADS.  809 

All  cars  of  the  various  lines  shall  have  the  proper  names  of  the 
streets  painted  thereon. 

The  fare  between  the  termini  or  any  intermediate  point  shall    Fare, 
be  live  (5)  cents,  payable  upon  entering  the  car,  between  five  (5) 
A.  M.  and  twelve  (12)  p.  m.,  and  ten  (10)  cents  between  twelve 
(12)  p.  M.  and  five  (5)  A.  M. 

The  purchaser  shall  in  no  event  charge  any  company  »ow  per-    Trunk  line 
mitted  to  run  on  Canal  street  tracks  more  than  four  (4)  cents  per  '='^*''&«s. 
mile  traveled  by  each  and  every  mule  or  horse  before  each  and 
every  car,  or  by  each  and  every  car  without  mules  or  horses. 

All  tracks  now  used  by  the  company  and  not  herein  granted 
shall  be  taken  up  and  the  roadway  restored  to  good  condition. 

The  railroads,  rolling  stock,  tracks,  equipments  and  fixtures.  Reversion, 
station  and  real  estates  of  the  said  Canal  &  Claiborne  Street 
Eailroad  Company,  or  any  addition  or  extension,  shall  revert  to 
the  city  of  New  Orleans  at  the  expiration  of  this  privilege  and 
franchise  of  twenty-five  (25)  years,  on  the  payment  of  a  price  to 
be  ascertained  by  valuations  of  two  disinterested  persons,  one  to 
be  appointed  by  the  contractor  and  the  other  by  the  city,  and  in 
the  event  of  a  disagreement  as  to  the  said  valuation  between  said 
persons  thus  appointed,  a  third  person  or  umpire  shall  be  ap- 
pointed by  one  of  the  district  courts  in  the  city  of  New  Orleans, 
and  his  decision  is  to  be  final  and  binding. 

The  rights  and  privileges  herein  granted  and  requirements  ex-  Term  of 
acted  and  agreements  entered  into  shall  continue  during  a  period  ^'^"^' 
of  twenty-five  (25)  years,  commencing  the*  eighth  (8)  day  of 
May,  1887.  That  the  Mayor  be  and  is  liereby  authorized  and 
instructed  to  sign  a  contract  by  notarial  act  with  the  purchaser 
of  this  franchise,  for  and  in  the  name  of  the  city  of  New  Orleans, 
for  the  extension  and  delivery  of  th^  right  of  way  to  continue 
and  operate  and  to  construct  the  several  roads,  lines  and  turn- 
outs as  herein  mentioned. 

(Extract  from  the  minutes  of  the  City  Council,  Dec.  20, 1887.) 
That  the  bid  of  the  Canal  &  Claiborne  Railroad  Company  of    Accepting 
$55,000  cash,  this  day  made  by  sealed  proposals,  in  obedience  to  '"^• 
motion  heretofore   adopted  by  this  Council,  together  with  the 
specifications  on  which  the  franchise  was  advertised  for  sale,  be 
and  is  hereby  accepted,  and  the  said  company  hereby  agrees  to 
hold  the  city  harmless  and  entirely  free  from  any  pending  litiga- 
tion. 

Art.  2168.  Whereas,  the  Council,  at  the  last  meeting 
held  thereof,  namely,  on  the  20th  of  December,  1887,  on 
motion  accepted  the  sealed  proposal  of  the  Canal  & 
Claiborne  Streets  Railroad  Company  to  purchase  the 
right  of  way  for  operating  and  constructing  a  city  rail- 


810  RAILROADS. 

road  through  and  upon  the  hereinafter-named  streets  or 
highways  of  the  city  of  New  Orleans,  said  bid  or  pro- 
posal being  in  and  for  the  sum  of  fifty-five  thousand 
dollars  cash,  and  based  upon  the  public  advertisement  of 
the  City  Comptroller  and  upon  the  specifications  on  file 
in  the  Surveyor's  oflice,  said  bid  of  fifty-five  thousand 
dollars  cash  being  the  only  proposal  or  bid  made  in  re- 
sponse to  and  in  compliance  with  the  advertisement  of 
the  city,  and  a  certified  check  for  said  amount  of  fifty- 
five  thousand  dollars  having  accompanied  said  bid,  and 
being  now  in  the  possession  of  the  city ;  and 

Art.  2169.  Whereas,  it  was  further  moved  and 
adopted  at  said  meeting  that  the  Mayor  be  authorized 
and  instructed  to  enter  into  and  sign  a  notarial  contract 
between  the  city  of  New  Orleans  and  the  said  Canal  & 
Claiborne  Streets  Railroad  Company,  in  compliance  with 
the  specifications,  public  advertisement  and  bid  herein- 
before recited ;  and 

Art.  2170.  Whereas,  the  Mayor  has  now  communi- 
cated to  the  Council  that  he  has  approved  said  motion, 
and  the  City  Notary  having  drawn  up  the  necessary 
notarial  contract  adjudicating  the  right  of  way  to  said 
Canal  &  Claiborne  Streets  Railroad  Company  on 
Wells,  Canal,  North  Claiborne,  Elysian  Fields,  Urqu- 
hart,  Lafayette  avenue,  St.  Claude,  South  Rampart,  Tu- 
lane  avenue,  RocheblaA?^e,  South  Basin,  South  Front, 
Girod,  Liberty,  South  Poydras,  South  Claiborne,  Per- 
dido,  Carroll,  Poydras,  Fulton,  Broad,  Franklin,  North 
Poydras  and  Louisa  streets,  all  in  accordance  with  the 
resolution  adopted  at  the  meeting  of  the  Council  held 
on  the  20th  of  December,  1887,  and  a  printed  copy  of 
said  contract  having  been  placed  upon  the  desk  of  each 
member  of  the  Council,  in  accordance  with  Ordinance 
No.  1175,  Council  Series,  adopted  March  24,  1885; 
therefore,  be  it  resolved. 
Contract  ap-  Art.  2171.  That  Said  contract,  as  drawn  up  by  the 
^Or'd.'^No.  2698,  City  Notary  in  accordance  with  the  resolution  of  Decem- 
^'ja'n.  10,  1888. ber  20,  1887,  and  the  specifications  on  file  in  the'  City 
Surveyor's  oflice,  be  and  the  same  is  hereby  approved, 
and  the  Mayor  be  and  he  is  hereby  authorized  to  sign  said 


RAILROADS.  811 

contract  on  behalf  of  the  city  of  New  Orleans;  pro- 
vided, the  said  company  will  accept  all  responsibility 
of  any  suit  by  the  Orleans  Railroad  Company  against 
the  city  in  reference  to  the  use  of  the  tracks  of  the  Canal  Responsibiik^. 
&  Claiborne  Streets  Railroad  Company  on  Canal  street, 
and  shall  make  no  other  charges  against  said  Orleans 
Railroad  Company  for  the  privilege  of  its  running  over 
and  using  the  trunk  line  of  tracks  on  Canal  street  than 
those  now  stipulated  and  specified  in  the  notarial  con- 
tract now  existing  between  said  two  railroad  companies, 

EXTENSION   OF   FRANCHISE. 

Art.  2172.  That  the  Comptroller  be  and  is   hereby    comptroller 

1        •       n         T   T  T  T  •  T  T  *°  advertise. 

authorized  and  directed  to  advertise,  according  to  law,  and  ord.  No.  11,369, 

*  c.  s. 

to  sell  in  block,  at  public  auction,  to  the  highest  bidder,    Sept.  24, 1895. 

for  cash,  an  extension  of  the  following-described  railway 
franchises  now  owned  by  the  Canal  &  Claiborne  Railroad 
Company,  for  a  term  of  fifty  years  Irom  the  date  of  the 
expiration  of  the  said  company's  existing  franchise, 
and  all  the  authorized  extensions  of  routes  herein  for 
the  unexpired  term  of  said  existing  franchise,  in  addi- 
tion to  the  extensions  of  fifty  years  above  mentioned,, 
upon  the  following  terms,  conditions,  specifications  and 
with  the  following  additions  and  modifications  of  routes ; 
provided,  however,  that  all  bids  shall  be  subject  to  re- 
jection by  the  City  Council. 

Art.    2173.     The    right  to  construct,  maintain   and    Route, 
operate  for  fifty  years  from  the  8th  day  of  May,  1912,  lines  ^^' 

of  street  railways  for  carrying  passengers  as  now  owned 
by  the  Canal  &  Claiborne  Railroad  Company,  with  all 
the  authorized  extensions  of  routes,  which  authorized 
extension  of  routes  are  also  included  for  the  unexpired 
term  of  the  present  franchise,  with  the  changes  and 
modifications  more  accurately  and  fully  described  as 
follows : 

(l)CommencingonDelta,near  intersection  of  Delta  and  canai  and 
Canal  streets,  to  the  north  side  roadway  of  Canal  street,  SauS**'"* 
thence  to  the  north  side  of  the  neutral  ground  at  Wells  ^^* 

street;  thence  to  the  river  side  avenue  of  the  central 
ground  of  Claiborne  street ;  thence  to  the  east  or  lower 


812  RAILROADS. 

side  roadway  of  Elysian  Fields ;  thence  to  Urquhart 
street,  thence  to  Lafayette  avenue ;  thence  on  the  central 
ground  of  Lafayette  avenue  to  the  north  or  lake  side  of 
"St.  Claude  street ;  thence  to  the  west  or  upper-side  road- 
way of  Elysian  Fields  street;  thence  to  the  lake-side 
•avenue  on  the  central  ground  of  Claiborne  street; 
thence  to  the  south  side  of  the  neutral  ground  of  Canal 
street ;  thence  to  South  Front  street ;  thence  to  the  south 
roadway  of  Canal  street  to  the  starting  point  on  Delta, 
near  the  intersection  of  Delta  and  Canal  streets,  with 
the  privilege  of  extension  on  street  or  neutral  ground  of 
St.  Claude  street,  with  double  tracks  from  Elysian 
Fields  or  Lafayette  avenue  to  Alabo  or  Gordon  street, 
to  North  Peters  or  river  front,  to  the  parish  line  at  St. 
Bernard,  over  existing  tracks  wherever  it  may  be  neces- 
sary, back  through  Hancock  street  to  St.  Claude  street ; 
of  extending  their  tracks  from  their  present  terminus  of 
Urquhart  and  Lafayette  avenue,  on  LTrquhart  street  to 
Louisa,  on  Louisa  street  to  St.  Claude  street,  on  lake 
side  of  St.  Claude  street  to  Lafayette  avenue ;  of  ex- 
tending their  tracks  on  Elysian  Fields  street,  on  the  east 
or  lower  side,  from  Urquhart  to  St.  Claude  street ;  of 
extending  with  double  tracks  on  Bayou  Road  from  Clai- 
borne street  to  Gentilly  Road ;  thence  along  Gentilly 
Road  to  People's  avenue;  of  extending  with  double 
tracks  from  Elysian  Fields  street  on  St.  Claude  street 
to  St.  Bernard  avenue ;  thence  with  a  single  track  on 
St.  Bernard  to  Marais ;  thence  on  Marais  street  to  Hos- 
pital street;  thence  on  Hospital  street  to  St.  Claude 
street;  and  the  other  track  continuing  on  St.  Claude  to 
Hospital  street,  joining  together  in  a  double  track  on 
St.  Claude  to  St.  Peter  street ;  on  St.  Peter  to  Basin ;  on 
Basin  on  neutral  ground  where  practicable  to  Canal 
street  to  connect  with  existing  tracks. 
T^a^ne  /  !enue  ^^T.  2174.  (2)  Commencing  on  Delta,  near  the  intersec- 
jiaiiroad.  tion  of  Delta  and  Canal  streets,  on  the  north  roadway  of 
Canal  street,  thence  to  the  north  side  of  the  neutral 
ground  at  Wells  street,  thence  to  the  neutral  ground  of 
Rampart  street,  over  existing  tracks,  thence  to  the  north 
or  lower  side  of  the  centre  of  Tulane  avenue,  thence  to 


RAILROADS.  815 

the  station  at  Rocheblave  street,  thence  to  the  south  or 
upper  side  of  the  centre  of  Tulane  avenue,  thence  to  the 
centre  of  neutral  ground  of  Rampart  street,  thence  to 
the  south  side  of  the  neutral  ground  of  Canal  street,, 
thence  to  South  Front  street,  and  thence  on  the  south 
roadway  of  Canal  street  to  the  starting  point,  on  Delta 
near  the  intersection  of  Delta  and  Canal  streets,  with 
privilege  of  extending  with  double  tracks  from  their 
present  terminus  at  Rocheblave  and  Tulane  avenue 
through  Tulane  avenue  on  neutral  ground  to  be  estab- 
lished on  Tulane  avenue  to  Carrollton  avenue,  from, 
Galvez  street  to*  Carrollton  avenue,  thence  on  river  sida 
of  Carrollton  avenue  to  Bienville  street,  thence  over 
existing  tracks  or  roadbed  on  Bienville  street  to  the 
Metairie  road,  on  Metairie  road  over  existing  tracks  or 
roadbed  on  Metairie  road  to  a  point  near  the  bridge  over 
the  New  Orleans  Navigation  Canal  at  the  intersection  of 
the  Metairie  road  with  the  said  New  Orleans  Navigation 
Canal,  and  on  Hennessey  or  Murat  streets,  with  double 
tracks,  from  Bienville  street  to  the  Metairie  road,  with 
privileges  of  extending  with  double  tracks  on  Carrollton 
avenue  on  neutral  ground  from  Tulane  avenue  to  river 
front. 

Art.  2175.  (3)  Commencing  at  the  intersection  of  South  c  a  n  a  i  air 
Front  and  Canal  to  Poydras  street,  thence  with  single  Railroad, 
track  on  Poydras  street  to  Fulton  street,  thence  with  a 
double  track  on  Poydras  street  to  Baronne  street,  thence 
over  existing  tracks  on  Baronne  street  to  Lafayette 
street,  thence  with  a  double  track  on  Lafayette  street  to 
Claiborne,  thence  on  Claiborne  neutral  ground  to  Tulane 
avenue,  thence  with  a  track  on  each  side  of  the  market 
on  Claiborne  avenue,  on  the  street,  to  Canal  street, 
lower  side,  connecting  with  existing  tracks,  with  a  single 
track  on  Fulton  street,  from  Poydras  street  to  Canal 
street,  and  Canal  street,  upper  side,  to  South  Front 
street,  with  privilege  of  extending  on  Lafayette  street 
or  Poydras  street,  with  double  tracks  from  Claiborne 
street  to  Broad  street,  and  thence  on  Broad  street  to 
Tulane  avenue,  to  connect  with  existing  tracks.  The 
exercise  of  the  hereinbefore  enumerated  privileges   and. 


81<4  RAILROADS. 

options,  extensions,  modifications  and  change  of  route, 
construction  and  operation  thereunder,  viz. :  of  extend- 
ing on  Gentilly  road  from  the  Fair  Grounds  to  People's 
avenue  may  be  made,  in  whole  or  in  part,  at  such  times 
during  the  term  of  the  existing  and  extended  franchise 
as  in  the  judgipent  of  the  Canal  &  Claiborne  Railroad 
Company  may  be  requisite,  while  the  exercise  of  the 
other  hereinbefore  enumerated  privileges  and  options, 
extensions,  modifications  and  change  of  route,  construc- 
tions* and  operation  thereunder  may  be  made,  in  whole 
or  in  part,  at  such  times  within  five  years  from  the  date 
of  the  signing  of  the  contract  with  the  city  of  New  Or- 
leans for  the  purchase  of  the  extended  franchise,  as  in 
the  judgment  of  the  Canal  &  Claiborne  Railroad  Com- 
pany may  be  requisite,  with  all  the  turnouts,  switches, 
turntables,  etc.,  that  may  be  necessary;  provided,  that 
if  any  portion  or  part  of  the  roadways  herein  provided 
for  are  not  constructed  or  reconstructed  within  the 
period  of  years  hereinbefore  specified  the  grantee  shall 
forfeit  the  right  to  build  the  same  and  the  franchise 
herein  granted  shall  be  declared  to  that  extent  forfeited. 
Terms,  con-      1.  The  bids  shall  be   in  current  money  of  the  United 

•ditions,  etc.  '' 

States,  payable  in  cash,  on  the    signing  of  the  notarial 
contract  hereinafter  provided  for. 
Assumption     2.  luasmuch     as     the    railroads     above     described, 

•m  reversion. 

together  with  cars,  fixtures  and  other  appurtenances, 
are  to  revert  to  the  city  at  the  expiration  of  the 
present  franchise  of  the  Canal  &  Claiborne  Railroad 
Company  at  an  appraised  value,  to  be  ascertained  as 
provided  in  said  contracts,  the  purchaser  or  purchasers 
of  the  extension  herein  provided  for  agrees  to  assume 
said  obligation,  and  pay  the  price  that  may  be  ascer- 
tained, in  her  stead,  in  addition  to  the  regular  bid. 
Should  the  present  owner,  the  Canal  &  Claiborne 
Railroad  Company,  or  her  successor  or  assigns,  become 
again  the  purchaser  of  these  franchises,  then  the  city 
shall  be  relieved  of  the  obligation  to  acquire  the  proper- 
ty, subject  to  above  right  of  revision,  and  the  ownership 
of  the  said  Canal  &  Claiborne  Railroad  Company,  or 
assigns,  shall  continue  uninterrupted. 


RAILROADS.  815 

3.  Every  bidder  for  the  purchase  of  said  franchise  shall,   Qualifications 
as  a  condition  precedent  to  the  receiving  of  such  bid  by  °  '  ' 

the  City  Comptroller,  deposit  with  the  City  Treasurer  in 
cash,  the  sum  of  fifty  thousand  dollars  ($50,000),  and 
shall,  at  the  time  of  bidding,  tile  receipt  therefor  with 
the  City  Comptroller,  showing  that  he  has  made  such 
deposit.  The  deposits  of  all  unsuccessful  bidders  shall 
be  immediately  returned  to  them ;  that  of  the  highest 
bidder  shall  be  held  as  security  that  he  will  sign  the 
contract  in  case  his  bid  is  accepted  by  the  City  Council, 
and  pay  the  amount  of  his  bid ;  and  in  case  of  the  failure 
of  the  successful  bidder  to  sign  the  said  contract  and 
pay  the  amount  of  his  bid,  if  accepted  by  the  city, 
said  fifty  thousand  dollars  ($50,000)  shall  be  forfeited 
to  the  city  as  liquidated  damages. 

4.  The  successful  bidder  shall   be   required,    within    contract  and 
twenty  days  of  the  acceptance  of  the  bid  by  the  City''°"*^* 
Council,   to  enter  into  notarial  contract  before  the  City 

Notary,  with  the  city  of  New  Orleans,  embodying  all  the 
terms  and  stipulations  of  this  ordinance. 

5.  The  motive  power  shall  be  the  trolley  system  of  Motive  power, 
electricity  or  any  other  improved  system  of  rapid  transit, 

except  steam,  that  may  be  hereafter  approved  by  the 
Council. 

6.  All     of     the     above    lines     of     railroad     shall  Reconstruction, 
on  neutral    ground   space   be   constructed  with   T    or 

girder  rail ,  and  on  paved  or  unpaved  streets  with  girder 
or  other  improved  form  of  rail  that  may  be  approved 
by  the  City  Engineer,  laid  on  cypress  or  oak  ties',  sound 
and  free  from  sap,  not  less  than  five  feet  by  eight  inches 
by  seven  inches  and  not  over  three  feet  between  centres, 
so  as  to  make  said  lines  of  road  first  class  in  every  re- 
spect. All  pavements  taken  up  for  construction  purposes 
on  paved  streets  shall  be  relaid  in  same  good  order  and 
condition  as  they  were  before.  On  unpaved  streets  the 
space  between  the  tracks  and  one  foot  on  each  side  of 
the  rails  shall  be  paved  with  tram  and  bond  planking 
not  less  than  three  feet  thick.  On  neutral  ground  no 
pavement  shall  be  required.  The  purchaser  of  this 
franchise  shall  be  obligated  to  pave  on  Tulane  avenue 


816  RAILROADS. 

with  Belgian  block  upon  a  concrete  base  between  the 
tracks  of  the  company  and  one  foot  from  the  rail  on 
each  side  from  Rampart  street  to  Galvez  street.  All 
work  to  be  done  according  to  lines  and  levels  to  be  fur- 
nished by  the  City  Engineer. 
Cars.  7^  Tiie  cars  shall   be  of  the  latest  improved  pattern 

and  finish,  and  shall  at  all  times  be  kept  clean  and  neat 
and  in  good  condition,  and  shall  be  provided  with  ven- 
tilators on  the  roof. 
Poles.  8.  All  poles  shall  be  of  iron  on  Canal  street,  Poydras 

street,  Tulane  avenue  from  Rampart  street  to  Clai- 
borne street,  Rampart  street.  Basin  street,  St.  Claude 
street,  west  of  Elysian  Fields  street,  Lafayette  street 
and  Baronne  street,  all  others  to  be  of  wood,  of  neat 
design,  to  be  approved  by  the  City  Engineer,  strongly 
and  firmly  set.  They  shall  be  painted  and  shall  be 
located  by  the  City  Engineer. 
Wires.  9.  All  wircs  shall  be  tightly  strung  and  fastened,  and 

except  trolley  and  span  of  supporting   wires  well  insu- 
lated. 
Time  of  run-      10.  Cars  shall  be  run  as  often  as  purchaser  may  deem 

ning  cars.  proper,  but  uot  at  greater  intervals  than  one  every  ten 
minutes  from  daylight  to  10  P.  M.,  one  every  fifteen 
minutes  from  10  p.  m.  to  midnight,  and  one  every  hour 
thereafter. 

Fares.  H-  The  fare  shall  be  five  cents  for  continuous  ride  oi 

any  distance  between  terminals  in  one  direction,  except 
from   12   o'clock   midnight  to  5  o'clock  a.   m.,    during| 
which  time  the  fare  shall  be  ten  cents. 

Care  of  streete.  1^.  The  purchascr,  or  his  assigns,  shall  during  thel 
continuance  of  these  franchises,  keep  in  good  order  and] 
repair  all  streets  through  which  these  lines  run  between] 
the  rails  and  for  one  foot  on  each  side  of  the  said  rails. 

Railroad  cross      ^^'  ^^  points  where  these  tracks  cross  other  tramways  •: 
ings.  or  steam  railroad  tracks,  crossings  shall  be  constructed] 

of  steel,  made  in  such  manner  as  to  form  a  continuous j 
rail  for  each  rail  of  each  track.  Plans  of  such  crossings] 
shall  be  submitted  to  and  approved  by  the  City  En-| 
gineer,  and  the  cost  and  maintenance  thereof  shall  bej 
governed  by  the  provisions  of  Ordinance  No.  6547,  C.  S 


RAILROADS.  817 

14.  The  speed  of  cars  shall  not  exceed  fifteen  miles    speed. 
per  hour,  except  on  neutral  ground,  where  it  may  be 
twenty-five  miles  per  hour.  i 

15.  The  purchasers   shall   be   obligated  immediately  Purchase  of  the 
and  with  all  due  diligence  to  construct,  reconstruct,  re-    ciaiborne*R. 
equip  and  operate  all  the  above  lines  of  railroad,  in  ac-    ^"  ^°' 
cordance   with   the   above   specifications,    modifications 

and  additions,  except  as  herein  provided  for.  Such  work 
of  construction  and  reconstruction  shall  begin  within 
ninety  days  after  the  signing  of  the  contract  with  the 
city,  or  the  assignment  thereof  by  the  purchaser,  and 
shall  be  completed  within  time  mentioned  in  these 
specifications.  If  the  said  company  is  not  the  purchaser, 
or  does  not  become  the  assignee  of  the  purchaser,  then 
and  in  that  case  the  purchaser  shall  be  compelled  to  be- 
gin within  ninety  days  such  work  only,  and  to  construct, 
operate  and  maintain  the  same  as  provided  in  the  speci- 
fications, and  as  comprised  in  the  extended  routes  and 
new  lines  provided  for  in  this  ordinance :  and  such  pur- 
chaser in  such  event  shall  be  bound  to  assume  and  to 
comply  with  the  obligations  of  the  city  of  New  Orleans 
toward  the  Canal  &  (Claiborne  Railroad  Company 
upon  the  expiration  of  its  present  franchise  as  provided 
by  existing  ordinances. 

And  in  the  event  that  the  Canal  &  Claiborne  Rail- 
road Company  becomes  the  purchaser  or  the  assignee 
of  the  franchises  herein  provided  for,  then  and  in  that 
case,  in  order  to  secure  the  immediate  construction  and 
operation  of  the  new  lines  of  street  railway,  to  secure 
more  rapid  and  better  service  to  the  public  and  to  secure 
the  extension  of  existing  lines  as  herein  provided  for  at 
once,  the  said  Canal  &  Claiborne  Railroad  Company 
shall  have  the  right  to  construct  and  maintain  and  operate 
at  once  any  and  all  lines  as  herein  specified  and  shall  not 
be  compelled  to  maintain  and  operate  any  other  than 
those  herein  provided ;  and  the  said  company  is  released 
and  relieved  from  the  maintenance  and  operation  of 
street  railway  upon  any  other  routes  or  upon  any  other 
streets  than  such  as  are  provided  for  in  the  extended 
franchise ;     ' '  where  existing  lines  of  straight  track  are 


818  RAILROADS. 

not  reconstructed  the  purchasers  of  the  extended  fran- 
chise shall  remove  rail  and  replace  that  portion  of  street 
paving  in  flrst-qlass  condition." 

Keversion  of     16.  At  the  cxpiratiou  of  the  aforesaid  franchise,  to- 
property.         ^.^  ^     ^^  ^^^  ^^^  ^^^^  ^^   May,  1962,  the    said  railroad 

tracks,  rolling  stock,  equipment,  fixtures,  real  estate, 
barns,  structures  shall  revert  to  the  city  of  New  Orleans, 
on  a  valuation  to  be  ascertained  by  two  disinterested 
persons,  one  to  be  appointed  by  the  city  of  New  Orleans 
and  the  other  by  the  purchaser,  or  his  assign ;  and  in  the 
event  of  a  disagreement  between  the  said  persons  thus 
appointed  as  to  said  valuation  a  third  person  or  umpire 
shall  be  appointed  by  the  Civil  District  Court  or  its  law- 
ful successor,  and  the  decision  of  said  umpire  shall  be 
final. 
Compensation  17.  Wheucvcr  any  part  of  these  franchises  run  over 
'  the  existing  lines  of  any  other  company  the  purchaser 
shall  pay  the  owner  of  such  lines  one-half  the  cost 
of  constructing  the  same,  and  shall  further  pay  propor- 
tionate cost  of  maintenance,  based  upon  the  number  and 
character  of  cars  operated  over  said  tracks,  as  compen- 
sation for  the  use  of  said  tracks.  And  whenever'  trolley 
poles  and  span  wires  are  already  in  use  on  streets  trav- 
ersed by  these  lines,  the  purchaser  of  these  franchises 
shall  not  erect  new  poles  and  span  wires,  but  shall  use 
those  already  erected  on  paying  therefor  one-half  the 
cost  of  construction  and  one-half  the  cost  of  mainten- 
ance. 

Switch  track.  18.  The  purchaser  shall  have  the  right  to  construct, 
maintain  and  operate  switch  tracks  or  connection  with 
any  of  the  steam  roads  entering  the  city  of  New  Orleans, 
crossed  by  its  track  for  the  transportation  of  coal  over 
its  tracks  to  the  power-house,  or  construct,  maintain 
and  operate  a  switch  track  through  such  streets  as  may 
be  designated  by  the  Council  for  the  above  purpose. 

Trimming      19.  The  purchascr  or   assignee   shall  have   the   right 
*'^*'^"  and  privilege  to  trim  trees  along  its   various  routes,  or 

cut  the  same,   as  the  exigency  of  the  service  may  re- 
quire, under  the  supervision  of  the  City  Engineer. 
20.  The  purchaser  of  said  franchise  shall  have  the 


RAILROADS.  819 

right  to  assign   and   convey  the   same,    or  any  portion    Right  to  as- 
thereof  to  any  person  or  corporation  competent  to  hold 
and  exercise  the  same. 

Should  any  unpaved  street  through  which  the  pur- 
chaser of  this  franchise  should  operate  be  ordered  paved 
by  the  City  Council,  the  purchaser  of  this  franchise 
shall  pay  their  pro  rata  of  cost  of  paying  between  the 
rails  and  twelve  inches  on  the  outside  of  each  rail. 

Art.  2176.   Whereas,    by  the  contract  of  franchise     Rearranging 
entered  into  between  the  city  of  New  Orleans  and  the  weus  to  M^ga- 
Canal  &  Claiborne  Railroad  Company,  on  the  30th  day  ord.No!*i  1,239, 
of  December,  1887,  in  pursuance  of  the  resolution  of  the    *  sept.  3, 1S95. 
City  Council,  approved  22d  December,  1887,  and  con- 
firmed by  Ordinance  2698,  C.  S.,  the  various  lines  were 
made   to   start   from  intersection  of   Wells  and  Canal 
streets,  and  in  the  fifth  specification  of  the  contract  the 
gauge  was  fixed   at  5  feet  2  inches  and  %  of   an  inch  in 
width,  and  the  tracks  of  the  said  railroad  company  have 
been  laid  and  constructed  upon  said  gauge ;  and 

Whereas,  the  requirements  of  the  public  convenience  change  of 
and  better  carrying  out  of  said  contract  in  its  entirety  ^*"^**  15, 
by  the  said  railroad  company  demand  that  the  said 
railroad  company  shall  be  authorized  and  permitted  to 
change  and  alter  said  gauge,  to  run  their  cars  to  Delta 
street ;  and  for  the  benefit  of  commerce  that  the  tracks 
now  located  in  the  middle  of  the  roadway  from  Maga- 
zine to  Wells  street,  on  south  side  of  Canal  street,  and 
from  Wells  to  Decatur  street  on  the  north  side  of  Canal, 
be  rearranged  and  located  under  plans  and  specifications 
of  the  City  Engineer ;  and 

Whereas,  it  is  conducive  to  the  public  convenience 
and  to  the  better  carrying  out  of  said  contract  that  the 
said  railroad  company  be  permitted  to  make  alteration 
in  the  gauge  of  its  tracks  and  run  its  cars  to  Delta 
street,  and  to  rearrange  their  tracks. 

Art.  2177.  That  the  said  Canal  &  Claiborne  Railroad 
Company,  in  consideration  of  their  acceptance  and  wil- 
lingness to  conform  to  the  plans  and  specifications  of 
the  City  Engineer,  in  the  rearrangement  of  their  tracks, 
and  its  removal  from  the   centre   of  the  roadway,  from 


820  RAILROADS. 

Magazine  to  Wells  street,  on  the  south  side,  and  from 
Wells  to  Decatur  street,  on  the  north  side,  as  per  plans 
attached,  with  all  the  sidings  and  switches  necessary,  be 
and  are  hereby  authorized,  empowered  and  permitted  to 
Change  ofchangcthc  gauge  of  its  tracks  to  the  standard  gauge, 
guage.  ^^^  ^  ^^^  width  of  4  feet  8>^  inches  upon  such  portion 

of  the  route  included  in  its  franchise  as  may  to  the  said 
railroad  company  be  deemed  necessary  and  convenient 
to  the  purposes  of  its  business  in  the  carriage  of  passen- 
gers, and  to  retain  the  original  gauge  in  such  portions 
of  its  route  as  may  not,  for  the  purposes  of  its  business, 
require  alteration ;  and  that  they  be  permitted  and  are 
hereby  authorized  and  empowered  to  run  their  cars  on 
Canal  street  to  Delta  street. 

Art.  2178.  By  the  contract  of  franchise  entered  into 

Designating  bctweeu  the  city  of  New  Orleans  and  the  Canal  &  Clai- 

1  a  n  e  Avenue  bomc  Railroad  Company  on  the  30th  day  of  December, 

Metairie  ^oad.  1887,  In  pursuaucc  of  the  resolution  approved  December 

ord. No.  11.405,22^   1887,  and  confirmed  by  Ordinance  2698,  C.  S.,  the 


Oct.  1,1895. 


Route  from 


Canal  &  Claiborne  Railroad  Company  has  the  right  and 
privilege  expressed  in  section  1,  Article  3,  of  said  con- 
tract, of  extending  a  double  track  from  their  present 
terminus  at  Rocheblave  and  Tulane  avenue,  and  such 
other  streets  as  may  be  designated  by  the  City  Council, 
except  Canal  street,  to  the  Metairie  road. 

Art.  2179.  That  in  pursuance   of  the  provisions  of 


Tulane  avenue. 

lb.  New  Orleans  and  the  Canal  &  Claiborne  Railroad  Com- 
pany, entered  into  on  the  30th  day  of  December,  1887, 
and  confirmed  by  Ordinance  2698,  C.  S.,  that  the  fol- 
lowing streets  are  hereby  designated :  With  a  double 
track  from  their  present  terminus  at  Rocheblave  am 
Tulane  avenue,  through  Tulane  avenue  to  Carrolltoi 
avenue,  on  river  side  of  Carrollton  avenue  to  BienvilU 
street,  over  existing  tracks  of  roadbed  on  BienvilU 
street  to  the  Metairie  road,  on  Metairie  road,  over  ex* 
isting  tracks  or  roadbed  on  Metairie  road  to  a  poini 
near  the  bridge  over  the  New  Orleans  Navigation  Canalij 
at  the  intersection  of  Metairie  road  with  the  said  Nei 
Orleans  Navigation  Canal,  and  on  Hennessy  or   Mui 


RAILROADS.  821 

street,  with  double  tracks  from  Bienville  street  to  the 
Metairie  road. 

NEW   ORLEANS   CITY   &   LAKE   RAILROAD. 

Art,  2180.     Whereas,  the  city  of   New  Orleans  has    ^.     . 

'  •'  City  Attorney 

obtained   iudgment   against  the   New  Orleans   City   &^°  enforce  and 

«'        '^  ^  -  execute  j  u  djK - 

Lake  Railroad  Company  compelling  said  corporation  tomeni.^^  ^^ 
put   and  keep  in  proper  condition  the  streets   through    c.  s.      '  ' ' 
which   its  tracks  pass   within  the   city  limits,  as   enun- 
ciated in  42  An.  550,  and  affirmed  by  the  Supreme  Court 
of  the  United  States,  as  reported   in  157  United   States 
Reports,  p.  219 ; 

Whereas,  said  corporation  furnished  a  bond  of  ap- 
peal in  that  case  to  the  amount  of  $100,000,  conditioned 
that  it  would  comply  with  whatever  judgment  should 
be  given. 

Whereas,  said  corporation  has  not  at  all  complied 
with  said  judgment,  although  rendered  over  six  months 
ago ;  therefore,  be  it  resolved, 

Art.  2181.  That  the  City  Attorney  be  and  he  is  here-  city  Attorney 
by  directed  to  enforce  and  execute  said  judgment  as  pro-  me^nt!*^"  *"""  ^ 
vided  for  by  section  2  of   Act  133  of  1888,  without  fur- 
ther delay ;  and  to  report  the  results  of  his  action  in  the 
premises  to  the  Council  as  early  as  possible. 

Levee  and  Barraclts  Line. 

Art.  2182.  (1)  That  the   adjudication  by  the  Comp-    saieofprivi- 
troller,  pursuant  to  Ordinance  No.  6033,  of  the  "right  ot^way*"*^"^''' 
of  way  to  establish  a  railroad  on  New  Levee  street,  from    j^J^'.^^'. 
Canal  street  to  Delery  street,  and  other   purposes,"  to 
the  New  Orleans   City   Railroad   Company — securities, 
Messrs.  Hart,  Wintz   and   P.  Irwin — for  the  bonus  of 
ninety- six  thousand  dollars,  be  and  the  same  is  hereby 
approved,  the   securities   accepted  and  the  Mayor  au- 
thorized to  enter  into  contract,  per  act  before  the  City 
Notary,  for  the  faithful  performance  of  the  contract,  in 
conformity  with  the  terms  and  conditions  of  the  afore- 
said Ordinance  No.  6033,  approved  May  8,  1862. 

Art.  2183.  (1)  A  double  track  railway,  commencing 
on  the  neutral  ground  on  Canal   street  at  its  junction 


822  RAILROADS. 

Route.  with  Magazine  and  Old  Levee  streets,  thence  to  extend 

May',  1862.     as  follows :  The  left-hand  or  down  track  to  be  laid  np 
jJne,  1832.     Canal   street  to   New   Levee   street,  down  New  Levee 
Aug.',  i'86s'.     street  to  Lafayette  avenue,  down   Lafayettee  avenue  to 
jan.jis^.*     Royal  street,  down  Royal  street  to  Bartholomew  street, 
May,'  1866.     down  Bartholomew  street  to  a  junction  with  the  present 
March^.'i867.   right-hand  track  on  Dauphine  street,  down  said  track  on 
June,  1867.     Dauphine   street   to   Caflfin's  lane,   up  Caffin's  lane  to 
juiyi  1869.     Levee  street,  down  Levee  street  to  Delery  street,  down 
Delery  street  to  Dauphine  street,  thence  up  the  present 
track  on  Dauphine  street  to  Poland  street,  down  Poland 
street  to  Rampart  street,  up  Rampart   street   to  Mazant 
street,  up  Mazant  street  to  Chartres  street,  up  Chartres 
street  to  Lafayette  avenue,  up  Lafayette  avenue  to  Levee 
street,  up  Levee  street  to  Canal  street,  and  thence  down 
Canal  street  to  the  neutral  ground  at  the  intersection  of 
Magazine  street, 
materials', 'e'^tc!'     ^^^T.  2184.  (1)  The  coutractor  shall  be  bound  to  con- 
May  *?42.     struct  through  and  in  the  centre  of  the  above-named 
streets,  within  the  time  specified,  double-track  railroads. 
The  tracks  shall  be  five  feet  two  and  five-eighths  inches 
gauge.     The  rails  shall  be  of  the  same  pattern  as  those 
used  on  the  Camp,  Magazine  and  other  city  railroads. 
The  material  for  the  construction  of  the  roads  shall  be 
of  the  best  quality  and  shall  have  the  following  dimen- 
sions, to-wit :  The  crossties  shall  be  of  yellow  pine,  six 
by   eight   inches,   and   eight  feet  long,  and  the  string 
pieces  of  yellow  pine,  five  by  eight  inches.     The  paving 
of  the  streets,  where  the  same  are  already  paved,  shall 
be  taken  up,  the  streets  shall  be  graded  to  the  grades  to 
be  established  by  the  City  Surveyor,  and  shall  receive  a 
layer  of  four  inches  of  London  gravel,  which  shall  be 
perfectly  well  rammed  until  it  forms  a  hard  foundation, 
and  the  crossties  shall  then  be  laid  at  distances  of  two 
feet   apart.     On  the  top  of  the  said  crossties  shall  be 
placed  the  string  pieces,  and  on  top  of  said  string  pieces 
the  iron  rails  shall  be  placed.    The  rails  shall  not  weigh 
less  than  forty-five  pounds  to  the  yard.     The  paving  of 
the  streets  shall  then  be  relaid  by  the  contractor  in  the 
best  workmanlike  manner  and  to  the  entire  satisfaction 


RAILROADS.  823 

of  the  City  Surveyor.  Wherever  the  streets  are  not  yet 
paved,  the  lines  of  the  tracks  within  the  rails  shall  be 
paved  either  with  round  stones  or  with  four  by  five  inch 
scantling  in  the  best  workmanlike  manner,  and  the 
space  between  the  lines  of  tracks  and  the  gutters  of  the 
streets  shall  be  planked  with  yellow  pine  planks  three 
inches  thick,  laid  on  stringers  four  inches  thick  by  eight 
inches  wide ;  the  timber  used  as  above  mentioned  to  be  - 
of  the  first  quality,  and  to  the  entire  satisfaction  of  the 
City  Surveyor. 

Art.  2185.  The  cars  shall  be  of  the  same  description    cars, etc. 
as  those  now  used  on  the   other  city  railroads.     They 
shall  be  drawn  by  horses  or  mules,  and  if  more  than 
one  horse  or  mule   be  used  for  each  car  they  shall  be 
driven  abreast.     The  cars  shall  be  run  as  often,  per  day 
and  night,  as  the  contractor  may  deem  proper,  but  not 
at  greater  intervals  than  every  ten   minutes,   from  day- 
light until  10   o'clock  P.  M.,  and  every  thirty  minutes    Sp^^d. 
from  10  p.  M.  until   midnight.     The   speed   of  the  cars 
shall  not  exceed  six  miles  per  hour.     All  cars  that  may    j^jghts, 
be  run  on  said  railroads,  between  sunset  and  daybreak, 
shall  be  provided  with  a  good  and   ample  head  and  rear 
light,  placed  in  a  conspicuous  place  and  position  on  the 
outside  of  the  cars,  and  for  the  violation  of  this  or  any    penary, 
ordinance  now  existing,    or  that   may   hereafter  be  en- 
acted, on  the  part  of  any  officer  or  employee   on  said 
roads,  the  contractor  shall  be  liable  to  a  fine  of  twenty - 
five  dollars  for  each  and  every  offence,  besides  all  dam- 
ages arising  therefrom. 

Art.  2186.  The  contractor  shall  be  bound  to  keep  in  streets  to  be 
good  repair  and  condition,  during  the  continuance  ofo,^er!  '"  ^*'°'* 
his  privilege,  the  paved  and  unpaved  streets  through 
which  the  said  tracks  pass,  as  well  as  the  bridges  on 
said  streets ;  and  should  the  contractor  refuse  or  neglect 
to  keep  said  bridges  in  good  repair  and  condition,  the 
city  shall  have  the  right  to  cause  said  streets  and  bridges 
to  be  repaired  at  the  expense  of  said  contractor ;  and  in 
the  event  of  his  refusal  to  pay  for  same  the  amount 
shall  be  recoverable  before  any  court  of  competent  juris- 
diction, for  the  benefit  of  the  city. 


S24  RAILROADS. 

Commence-      Art.  2187.  The  Said  roads  shall  be  commenced  within 

mem  and  com- 
pletion of  road,  gjx  months    after  the    termination   of  the  war  with  the 

United  States,  and  shall  be  completed  one  year  after. 
Sufficient  cars.     ^RT.  2188.  The  contractor  shall  be  bound  to  furnish 
and  place  and  keep  on  said  roads  a  sufficient  number  of 
passenger    cars,  to  be    drawn    by    horses    or  mules, 
as  aforesaid,    so   as   to   make   trips   up  and  down  said 
-    roads   as   hereinbefore   required ;  and   shall    also   pro- 
vide for  all  materials,  labor,  etc.,    required  for  the  con- 
struction and  maintenance  of  said  roads. 
ToopenMon-     Art.  2189.  (1)  The  city  of  New   Orleans   shall  be 
*as!6o33.     bound,  immediately  after  the  approval  of  the  contract, 
to  institute  legal  proceedings  for  the  opening  of  Moreau 
street,  from  St.  Ferdinand  to  Moutegut  street,  and  for 
the  widening  of  Levee  street,  from  Poland  street  to  the 
lower  limits  of  the  property  belonging  to  the  Ursuline 
nuns,  the  costs  of  opening  and  widening  said  streets  to 
be  paid  by  the  city  of  New  Orleans. 
See  Ordinances  144  and  247,  New  Series. 

City  not  re-  Art.  2190.  (2)  The  city  of  New  Orleans  shall  not  be 
*Po?s!'te33.     responsible  for  any  work  or  materials  furnished  these 

May,  1862.  j.Qa(jg .  and  every  outlay  and  expense  thereon,  either  for 
the  construction,  repairs  or  any  other  expense,  of  what- 
ever kind,  shall  be  borne  by  the  contractor. 

Security.  Art.  2191.  (3)  The  coutractor  shall  f umish  good  and 

solvent  security,  satisfactory  to  the  Common  Council, 
in  the  sum  of  ten  thousand  dollars,  to  guarantee  the 
faithful  performance  of  his  contract. 

Fare.  art.  2192.  (4)  The  fare  between   Canal  and  Delery 

streets,  or  for  any  distance  between  these  points,  shall 
not  exceed  five  cents  either  way. 

Annual  tax.  Art.  2193.  (5)  The  coutractor  shall  pay  annually 
into  the  City  Treasury,  upon  the  assessed  value  of  said 
roads  and  fixtures,  the  annual  tax  levied  upon  real  es- 
tate, and  the  value  of  said  road  and  fixtures  shall  be 
•  assessed  by  the  usual  mode  of  assessment. 

Right  of  rever-  Art.  2194.  (6)  The  Said  railroads,  cars,  fixtures  and 
^'°"'  their  appurtenances  shall  revert  to  the  city  at  the  expi- 

ration of  sai&  twenty  years'  privilege  on  a  valuation  to 
be  ascertained  by   two  disinterested  persons,  one  to  be 


RAILROADS.  825 

appointed  by  the  eontraetor  and  the  other  by  the  city, 
and  in  the  event  of  a  disagreement  as  to  said  valuation 
between  said  persons  thus  appointed,  a  third  party  or 
umpire  shall  be  appointed  by  one  of  the  district  courts, 
the  decision  thereby  had  to  be  final. 

Art.  2195.  (7)  That   permission   be   and  is   hereby    To  construe 

^     '  ^  "^   double      tracks 

granted  to  the  New  Orleans  City  Railroad  Company  to  o  n    d  e  i  e  r  y 
x^onstruct  a  double  track  railroad  from  the  terminus  of    a.  s.  16S2. 

July,  1872. 

the  Levee  and  Barracks  Road,  on  Delery  street,  over  the 
levee,  road  or  street  to  the  Crescent  City  Live  Stock 
Landing  and  Slaughterhouse  Company's  premises  ;  pro- 
vided, that  said  railroad  is  constructed  under  the  super- 
vision of  the  Administrator  of  Improvements  and  the 
Surveyor  of  the  city  of  New  Orleans. 

Art.  2196.  (8)  That  the  said  railroad  company  shall^^st^'-«ts  to  be 
keep  the  streets  over  which  the  extension  is  to  be  made  °^^^'' 
in  good  repair  from  curb  to  curb;  and  it  is  well  under- 
stood that  the  city  does  not  agree  to  purchase  said  ex- 
tension either  before,  on  or  after  the   expiration  of  the 
privilege  on  any  terms. 

jCAMP   AND  PRYTANIA,    CAMP  AND  MAGAZINE,    RAMPART  AND      ' 
DAUPHINE;     CANAL,    METAIRIE    ROAD    AND   BAYOU   ST. 
JOHN,    ESPLANADE  AND  BAYOU  BRIDGE  LINES. 

Art.  2197.  (1)  That  in  consideration  of  the  bid  ^^^'f  ^^J/^^^;;: 
ot  the  New  Orleans  City  Railroad  Company,  of^Jf^^^^^°'  "»*^* 
$630,000,  for  the  franchises  and  right  of  way  of  the  oct ;  fsTt-' 
following  city  railroads,  to-wit:  Camp  and  Prytania, 
Camp  and  Magazine,  Rampart  and  Dauphine,  Canal 
street  and  Metairie  road  and  Bayou  St.  John,  Esplanade 
fl,nd  Bayou  Bridge,  was  the  highest ;  and  in  further  con- 
fiideration,  that  the  said  company  agree  to  pay  the 
amount  of  their  said  bid  in  cash ;  that  the  said  franchise 
and  rights  of  way  be  and  they  are  hereby  adjudicated 
io  said  company,  and  that  the  Mayor  be  authorized  and 
instructed,  on  payment  of  said  amount,  to  sign  a  con- 
tract with  the  said  New  Orleans  City  Railroad  Company, 
by  notarial  jact,  before  the  City  Notary,  for  the  sale  and 
delivery  of  said  franchises,  according  to  specifications 
on  file  in  the  office  of  the  Administrator  of  Commerce. 


826  RAILROADS. 

Notarial   act     Art.  2198.   (1)  That  in  consideration  of   the   forego- 

of    transfer  by.  ^  ,  .^,   ^  ,.     , ,  .       ,   .  ,    ,  , 

the  Mayor.  ing,  and  Dj  virtue  oi  the  power  in  him  vested  by  the 
Oct.,' 1879.'  resolution,  No.  6148,  A,  S.,  the  said  Mayor,  I.  W.  Pat- 
ton,  declared  that  he  does  by  these  presents,  in  his  said 
capacity  and  for  and  on  behalf  of  the  city  of  New  Orleans, 
grant,  bargain,  sell,  convey,  transfer,  assign  and  set 
over  unto  the  said  New  Orleans  City  Railroad  Company, 
the  said  Frederick  Wintz,  as  president  aforesaid,  ac- 
cepting and  purchasing  for  and  in  the  name  of  the  said 
New  Orleans  City  Railroad  Company,  and  acknowledg- 
ing due  delivery  and  possession  of  all  the  property, 
cars,  fixtures  and  other  appurtenances  thereunto  belong- 
ing or  in  anywise  appertaining : 

Art.  2199.  The   right  of   way  and  franchises  on  the 
following  railroads,  to-wit : 
Routes.  (a)  Camp  and   Prytania   and    Camp    and   Magazine 

streets  lines,  for  the  full  term  and  period  commencing 
on  and  to  be  computed  from  the  third  day  of  February, 
1880,  and  to  end  on  the  first  day  of  January,  1906. 

(&)  Rampart  and  Dauphine,  Canal  and  Metairie  Ridge 
to  Bayou  St.  John,  and  Esplanade  and  Bayou  Bridge 
lines,  for  the  full  term  and  period  commencing  on  and 
to  be  computed  from  the  second  day  of  July,  1880,  and 
to  end  on  the  first  day  of  January,  1906. 

To  have  and  to  hol^  the  said  right  of  way  and  fran* 
chises  of  the  said  railroad  lines,  and  the  right  of  revei'" 
sion  of  the  city  to  purchase  all  the  property  of  each  line, 
unto  the  said  New  Orleans  City  Railroad  Company,  its 
successors  and  assigns,  transferees  and  vendees,  for  the 
full  term  and  period  hereinabove  fixed  and  determined 
by  these  presents. 
Specific  a-  Art.  2200.  (2)  This  sale  is  made  and  accepted  in 
accordance  with  the  specifications  on  file  in  the  office  of 
the  Administrator  of  Commerce,  which  said  specifica- 
tions are  in  the  words  and  figures  following,  to-wit : 

Specifications  concerning  the  sale  of  the  right  of  way  andj^ 
franchises,  for  a  term  of  years  expiring  on  the  first  day  oj 
January,  1906,   as  per  Ordinances  Wos.  4968  and  5020, 
Administration  Series,  hereunto  annexed^  of  the  following 


tions. 


RAILROADS.  82T 

street  railroads  of  the  New  Orleans  City  Railroad  Company, 
to-wit: 

SECTION   FIRST. 

Camp  and  Prytania  streets  line,  Camp  and  Magazine; 
streets  line. 

SECTION    SECOND. 

Rampart  and  Dauphine,  Canal  street  and  Metairie 
road  to  Bayon  St.  John,  Esplanade  and  Bayou  Bridge, 
the  Camp  and  Prytania,  Camp  and  Magazine,  and 
Rampart  and  Dauphine  street  lines  expire  on  the  third 
day  of  February,  1880.     (See  Ordinance  No.  4945.) 

The  Canal  street  and  Metairie  road,  and  the  Espla- 
nade and  Bayou  Bridge  lines  expire  on  the  second  day 
of  July,  1880.     (See  Ordinance  No.  5244.) 

The  above-mentioned  roads  run  on  the  following; 
streets : 

The  Canip  and  Prytania    and  Camp  and  Magazine  Lines.. 

Art.  2201.  Three  tracks  on  Canal  street  from  St.. 
Charles  to  Camp  street ;  single  track  on  Canal  street, 
from  Magazine  to  Camp  street ;  single  track  on  Maga- 
zine, from  Canal  street  to  St.  Andrew  street;  double- 
track  on  Magazine,  from  St.  Andrew  to  Toledano  street,, 
double  track  on  Prytania,  from  Poeyfarre  to  Toledano 
street ;  single  track  on  Camp  street,  from  Poeyfarre 
street  to  St.  Andrew  street ;  single  track  on  Poeyfarre 
street,  from  Magazine  to  Camp  street;  single  track  on 
Toledano  street,  from  Camp  to  Prytania  street.  As 
amended  August,  1879,  A.  S.  6109,  and  June,  1881,  A> 
S.  7127. 

Ramjyart  and  Dauphine  Street  Lines. 

Art.  2202.  Double  track  on  Rampart  street,  from 
Canal  street  to  Esplanade  street ;  a  single  track  on  Dau- 
phine street,  from  Esplanade  to  Poland  street ;  a  single 
track  on  Rampart  street,  from  Esplanade  to  Poland 
street ;  a  double  track  on  Dauphine  street,  from  Poland 
street  to  Caffin's  lane ;  a  single  track  on  Dauphine  street,, 
from  Caffin's  lane  to  Delery  street,  with  the  right  of  a. 
double  track. 


828  RAILROADS. 

Canal  Street  and  Metairie  Road  to  Bayou  St.  John. 

Art.  2203.  A  double  track  on  Canal  street,  from 
Oarondelet  street  to  Metairie  road,  along  Metairie  road 
to  New  Canal ;  four  tracks  on  Canal  street,  from  St. 
Charles  to  Carondelet  street ;  double  track  on  Metairie 
Ridge  from  New  Canal  to  Carondelet  Canal,  or  Bayou 
St.  John. 

Esplanade  and  Bayou  Bridge  Lines. 

Art.  2204.  Double  track  on  Esplanade  street,  from 
Rampart  street  to  Bayou  St.  John;  double  track  on 
Esplanade  street,  from  Levee  to  Rampart  street.  (See 
Ordinance  No.  2518.)  [All  these  rights  revert  to  the 
city  at  the  expiration  of  the  twenty  years,  to-wit:  from 
the  third  day  of  February  and  the  second  day  of  July, 
1880. 

Subject  to  the  following  terms  and  conditions,  to-wit : 
To  pave  streets      («)  The   purchascr  or  purchasers  shall  be  bound  to 

orde^r.''^^''  "*  kccp  the  pavcd  and  unpaved  streets  through  which  said 
tracks  pass,  as  well  as  all  the  bridges  on  said  streets,  in 
good  repair  and  condition  from  curb  to  curb,  during  the 
continuance  of  their  privilege  and  right  of  way. 

Intersections.  (6)  They  shall,  ou  proper  notification  from  the  Ad- 
ministrator of  Improvements  and  the  City  Surveyor, 
raise,  repair  and  repave  any  and  all  intersections  of 
streets  when  required,  upon  lines  and  levels  to  be  fur- 
nished by  the  City  Surveyor. 

Towidenand      (c)  They  shall  bc  required  to  wideu  and  deepen  anv 

deepen  culverts        v    /  ./  ^  f  . 

andsiuices  and  or  all  culvcrts  and  sluices,  to  such  dimensions  as  may  be 

build  bridges. 

required  and  directed  by  the  City  Surveyor.  They  shall 
be  required  to  keep  all  bridges  in  repair  and  make  new 
ones  when  required  by  the  Administrator  of  Improve- 
ments and  the  City  Surveyor,  on  all  the  streets  through 
which  their  lines  pass. 
Tracks  to  be  (^)  The  Uncs  of  Said  tracks  within  the  rails  shall  be 
paved.  paved   with   round   stone,    except   where   square    stone 

pavements  exist  or  may  hereafter  be  made,  in  which 
case  the  material  shall  be  used  for  paving  within  rails. 
When  the  paving  of   the  streets,    where  the  same  are 


RAILROADS. 


829 


paved,  as  well  as  the  shelling  of  the  streets,  where  the 
same  are  shelled,  shall  be  taken  up  for  the  purpose  of 
repair,  they  shall  be  replaced  in  the  same  condition  as 
formerly,  and  the  streets  graded  to  a  proper  grade,  to  GraCe. 
be  furnished  by  the  City  Surveyor,  Wherever  the  streets 
are  not  yet  paved  the  lines  of  the  tracks  within  the  rails 
shall  be  paved  with  either  round  stones  or  with  four  by 
five  inch  scantling,  in  the  best  workmanlike  manner,  and 
the  space  between  the  lines  of  track  and  the  gutters  of 
the  streets  shall  be  planked  with  yellow  pine  planks, 
three  inches  thick,  laid  on  stringers  four  inches  thick  by 
eight  inches  wide ;  the  timber  used  to  be  of  the  best 
quality,  and  to  the  entire  satisfaction  of  the  Admin- 
istrator of  Improvements  and  City  Surveyor.  The  rails  j^  ^^j, 
shall  be  of  the  same  pattern  as  those  now  in  use.  The  <=rossties 
crossties  shall  be  of  yellow  pine,  six  by  eight  inches, 
and  eight  feet  long ;  the  string  pieces  of  yellow  pine, 
five  by  eight  inches ;  all  of  the  best  quality  of  lumber, 
and  to  the  entire  satisfaction  of  the  Administrator  of 
Improvements  and  City  Surveyor. 

Art.  2205.  Should  the  purchaser  or  purchasers,  at 
any  time,  refuse  to  comply  with  any  or  all  the  require- 
ments of  these  specifications,  or  fail  to  comply  with  the 
notifications  of  the  Administrator  of  Improvements  and 
the  City  Surveyor,  or  refuse  or  neglect  to  keep  the 
streets  and  bridges  in  good  order  and  condition,  he  or 
they,  or  their  authorized  representatives,  shall  be  sub- 
ject to  a  fine  of  twenty-five  dollars  or  thirty  days'  im- 
prisonment for  each  and  every  offence,  at  the  discretion 
of  the  court ;  said  fine  to  be  recoverable  before  the  Re- 
corder of  the  municipal  district  in  which  the  offence 
was  committed. 

Art.  2206.  The  fare  on  the  Camp  and  Magazine  line, 
between  Canal  and  Toledano  streets,  or  for  any  lesser 
distance  between  these  points,  shall  not  exceed  five 
cents  per  passenger,  either  way,  except  as  hereinafter 
provided. 

The  fare  on  the  Camp  and  Prytania  line,  between 
Camp  and  Toledano  streets,  shall  not  exceed  five  cents 
per  passenger,  either  way,  except  as  hereinafter  pro- 
vided. 


Penalty.1 


830 


RAILROADS. 


The  fare  on  the  Rampart  and  Dauphine  line,  between 
Canal  and  the  United  States  Barracks,  shall  not  exceed 
five  cents  per  passenger,  either  way,  except  as  herein- 
after provided. 

The  f^re  on  the  Canal  street  and  Metairie  road  line, 
from  neutral  ground  on  Canal  street,  between  Carondelet 
and  St.  Charles  to  Metairie  ridge  or  cemeteries,  shall 
not  exceed  five  cents  per  passenger,  either  way,  except 
as  hereinafter  provided. 

The  fare  on  the  Esplanade  and  Bayou  Bridge  line, 
from  Canal  street  to  Bayou  Bridge,  shall  not  exceed  five 
cents  per  passenger,  either  way,  except  as  hereinafter 
provided. 

They   shall   further  be  allowed  to  charge  five  cents 
from   the  New  Canal  to  Bayou  St.  John,  on  the  Ridge 
line. 
Cars.  Art.  2207.  The   style  of  ears  used  to  be  the  same  as 

those  now  in  use,  unless  some  improved  and  advantage- 
ous  pattern  is  introduced   during  the  existence  of  this 
contract,  when,  upon  application  to  and  approval  by  the 
Council,  the  same  may  be  changed. 
Motive  power.     Art.  2208.  The  cars  shall  bc  drawu  by  horsc  Or  mule 
power,    and  if  more  than  one  horse  or  mule  be  used  for 
each  car  they  shall  be  driven  abreast, 
ng     Art.  2209.  Said  cars  shall  be  run  as  often  during  the) 
day   or  night   as  the  purchasers   may  deem  proper,  but 
not   at  greater  intervals  than   every  ten  minutes   from 
daylight  to  ten  o'clock  p.  m.,  and  every  fifteen  minutes, 
from   ten  o'clock  until   half-past  twelve  o'clock,  a.    m., 
and   every  hour,  thereafter  until  daylight,  on  the  Camp  \ 
and  Magazine,  the  Camp  andPrytania,  the  Rampart  and 
Dauphine,   to   Poland  street,  the   Esplanade  to  Bayou j 
Bridge,    and  the  Canal  and  Bridge  line    to  Broad  streetj 
station.     For  each  and  every  fare  after  half -past  twelve] 
o'clock  they   shall    be  allowed  to  charge  twenty-five] 
cents. 
X.       Art.  2210.  Said   purchaser   or  purchasers  shall   an- 
nually pay  into  the   City  Treasury  upon   the   assessed 
value  of  said  road  and  fixtures  •  the   annual   tax  leviedj 


R  u  n  n 
flours. 


RAILROADS.  831 

upon  real  estate ;  the  value  of  said  road  and  fixtures  to 
be  assessed  by  the  usual  mode  of  assessment. 

Art.  2211.  The  speed  of  said  cars  shall  not  exceed  six  speed, 
miles  per  hour.  All  cars  that  may  run  on  said  railroads 
between  sunset  and  daybreak  shall  be  provided  with  a 
good  and  ample  headlight,  placed  in  a  conspicuous  posi-  Headlights 
tion  in  and  on  said  cars,  and  for  the  violation  of  this  or 
any  other  ordinance  now  existing,  or  that  may  hereafter 
be  enacted,  in  accordance  with  the  provisions  of  these 
specifications,  on  the  part  of  any  officer  or  employee  of 
said  roads,  the  purchaser  or  purchasers  shall  be  liable 
to  all  fines  and  damages  arising  therefrom. 

Art.  2212.  The  city  binds  herself  to  transfer  to  the  Transfer  of 
purchaser  or  purchasers  of  tlie  franchises  of  the  New  siln!  ° 
Orleans  City  Railroad,  as  herein  set  forth,  the  right  of 
reversion  which  the  city  now  has,  to  purchase  all  the 
property,  cars,  fixtures  and  other  appurtenapce^  of  each 
line  at  an  appraised  value,  in  accordance  with  the  fol- 
lowing section  of  their  present  value,  to- wit: 

Art.  2213,  The  said  railroads,  cars,  fixtures  and  other  Right  of  re 
appurtenances  shall  revert  to  the  city  at  the  expiration  ''*'"'*'°"' 
of  the  said  twenty  years'  privilege,  on  a  valuation  to  be 
ascertained  by  two  disinterested  persons,  one  to  be  ap- 
pointed by  the  purchaser  or  purchasers  and  the  other  by 
the  city ;  and  in  the  event  of  a  disagreement  as  to  said 
valuation  between  said  persons  a  third  party  or  umpire 
shall  be  appointed  by  one  of  the  district  courts,  the  de- 
cision thereby  had  to  be  final. 

Art.  2314.  The  rights  of  way  are  for  street  railroads    Passengers 

,  only. 

carrymg  passengers  only. 

Art.  2215.  It  is  understood  that  the  purchaser  or  pur-    Turnouts  and 
chasers  are  allowed  to  make  such  turnouts  and  crossings      ^  "^*" 
as  may  be  necessary  on   the  streets  through  which  they 
have  the  right  of  way  on  lines  and  levels  to  be  furnished 
by  the  City  Surveyor. 

Art.  2216.  The  city  of  New  Orleans  binds  herself  not    Exclusive 
to  grant,  during  the  period  for  which  said  franchises  are  "^^^' 
sold,  a  right  of  way  to  any  other  railroad  company  upon 
the  streets   through  which  said  right  of  way  is   hereby 
sold,  unless  by  mutual  agreement  between  the  city  and 
the  purchaser  or  purchasers  of  these  franchises. 


832  RAILROADS. 

No  change  Art.  2217.  The  purchaser  or  purchasers  are  not  to 
change  any  of  the  tracks  from  the.  lines  and  levels  now 
existing,  without  the  consent  of  the  City  CounciL 

Running  of     ^rt^  2218.  Thc  citV  rcservcs  the  right  to  limit  the 

steam  trains.  ''  ^ 

running   of  steam  trains  on  Canal  street  to   any  part 
where  the  Council  may  deem  it  expedient  and  necessary 
in  the  interests  of  the  property  holders  or  the  commu- 
nity at  large. 
Confirmation     Art.  2219.  (1)  That  whcrcas,  the  Mayor  has  informed 

of  contract.  ^     '  ?  ./ 

A.s.  6i6o.  the  Council  that  he  has  signed  the  contract  adjudicating 
the  right  of  way  on  Camp  and  Prytania,  Camp  and 
Magazine,  Rampart  and  Dauphine,  Canal  street  and 
Metairie  road,  Bayou  St.  John  and  Esplanade  and 
Bayou  Bridge  to  the  City  Railroad  Company. 

Art.  2220.  (2)  That  the  action  of  the  Mayor  in  sign- 
ing said  contract  be  and  the  same  is  hereby  approved ; 
that  the  adjudication  made  to  the  City  Railroad  Com- 
pany by  the  Council,  as  per  Ordinance  No.  6148,  A.  S. , 
and  the  contract  signed  by  the  City  Notary  in  compli- 
ance therewith,  be  and  the  same  is  hereby  confirmed, 
ratified  and  approved. 

Run  dummies     Art.  2221.  (1)  That  pcrmissiou   be   and   is   hereby 

from   station  to  \/         ^    ,  ^.  t^    •,  -,      >, 

lake.  granted  to  the  Isew  Orleans  City  Railroad  Company  to 

June,  1S76!     run  steam  dummies  from  the  depot  on  Canal  street,  be- 
tween White  and  Dupre  streets,  to  the  end  of  the  road  at 
the  lake ;  this  permission  to  be  revocable  at  the  pleasure 
of  the  Council. 
Conductors  on     Art.  2222.  (1)  That  from  and  after  the  passage  of 
a!s?6.i;T8"^"  this  ordinance  the  New  Orleans  City  Railroad  Company 
June,  I   o.     ^^  required  on  Sundays  and  excursion  days  to  have  at 
least  one  conductor  for  every  two  cars  attached  to  the 
dummy  engine,  whose  duty  it  will  be  to  prevent  any  of 
the  passengers  from  standing  on  the  platform  of  any  of 
Penalty.        ^hc  cars  whilc  in  motion.     That  for  each  and  every  vio- 
lation of  this  section  the  company  so  offending  shall  be 
fined  in  a  sum  not  to  exceed  twenty-five  dollars,  recover- 
able before  any  court  of  competent  jurisdiction, 
stand    on     Art.  2223.  (3)  That  permission  be   and    is    hereby 
Seam  teainl.^°' granted  to  the  New  Orleans  City  Railroad  Company  to 
fw^,  flso!     establish  a  stand  for  their  steam  train  on  the  neutral 


RAIIiROADS.  833 

ground  on  Basin  street,  between  Canal  and  Common 
streets,  at  such  point  as  may  be  designated  by  the  Ad- 
ministrators of  Commerce  and  Improvements  and  the 
City  Surveyor. 

Art.  2224.  (4)  That  the  New  Orleans  City  Railroad  to  erect  aepot 
Company  be  and  is  hereby  authorized  to  erect  a  depot 
at  the  point  designated,  and  to  construct  such  tracks, 
switches,  and  turntables  as  may  be  necessary ;  provided, 
that  the  plans  and  specifications  of  the  above-enumerated 
work  be  approved  by  the  Administrators  of  Commerce 
and  Improvements  and  the  City  Surveyor. 

Art.  2225.   (5)  That  in  the  event  of  the  non-accept-    xon-accep- 
ance  by  the  New  Orleans  City  Railroad  Company  of  the 
permission  to  establish  a  stand  on  the  neutral  ground  on 
Basin  street,  then  permission  is  hereby  given   to  said    Permission  to 
company  to  run  their  steam  trains  to  the  wood  side  of  [rain. 
Basin  street,  on  Canal  street. 

Art,  2226.  (6)  That  this  ordinance  shall  go  into  ^^"g^^'g-^ 
eifect  and  have  full  force  on  and  after  the  first  day  of  J"b-.  '^^^c- 
October,  1880,  and  that  there  shall  be  imposed  a  fine  of 
twenty-five  dollars,  collectible  before  any  court  of  com- 
petent jurisdiction,  for  each  and  every  day  the  said 
company  shall  run  their  trains  in  contravention  of  the 
provisions  of  this  ordinance. 

Art.  2227.  Whereas,  the  New  Orleans  City  Railroad 
Company,  owners  of  the  Canal  Street  &  Lake  Railroad, 
has  signified  its  acceptance  and  desires  to  avail  itself  of 
the  provisions  of  Ordinance  No.  6528,  A.  S. 

Art,  2228.   (1)  That    permission   be   and   is   hereby  To  extend  track 
granted  it  to  extend  its  tracks  up  and  over  Canal  street,    pot. 
and  on  the  neutral  ground  on  Basin  street,  as  per  para-    Nov!,  isso. 
graphs  Nos.  5,  6  and  7  of  said  ordinance,  and  to  erect  its 
depot;  provided,  that  the  said  company  obligates  and 
binds  itself  to  station  a  flagman  on  the  curve  from   the 
neutral   ground   on  Canal   street   to  Basin  street ;  pro- 
vided further,  that  the  said  company  binds  itself  to  re- 
pair and  to  keep  in  good  order  and  repair,  from   gutter 
to  gutter,  including  the  neutral  ground,  all  bridges  over 
the  drainage  canals  on  Canal  street,  from  the   Metairie 
ridge  to  Basin  street ;  provided   further,  that   the   said 


834  RAILROADS. 

company,  through   its   proper  officers,  accept  and  agree 
to  the  provisions  of  this  ordinance  within  five  days  from 
the  date  of  its  promulgation. 
Conditional      Art.  2229.  (1)  That  the  scctiou  of  Ordinance  6528, 

repeal.  ^     '  ' 

Mar'^i^V  adopted  June  15,  1880,  revoking  the  privilege  granting 
the  New  Orleans  City  Railroad  Company  permission  to 
extend  their  tracks  on  the  neutral  ground  on  Canal  street 
to  Carondelet  street  be  and  is  hereby  repealed ;  provided , 
said  company  shall  remove  their  switch  or  switches  now 
on  Canal  street,  between  Dryades  and  Baronne  streets, 
and  place  the  same  at  the  intersection  of  Basin,  in  the 
block  between  Franklin  and  Basin  streets,  and  shall  lay 
a  single  track  in  the  centre  of  said  neutral  ground  from 
Basin  street  to  connect  that  part  of  the  track  corner  of 
Canal  and  Baronne  streets;  provided,  the  plans  and 
specifications  of  the  above-enumerated  work  be  approved 
by  the  Administrators  of  Commerce  and  Improvements 
and  the  City  Surveyor.  These  privileges  to  remain  dur- 
ing the  pleasure  of  the  Council. 
Fmr'GroCndl°  ^^T.  2230.  (1)  That  the  New  Orleans  City  Railroad 
^°^^-'*^°- 7725,  have  leuve,  and  they  are  hereby  authorized  and  em- 
Aprii  4,  ii:82.  powered  to  lay  and  construct,  vmder  the  supervision  and 
direction  of  the  City  Surveyor,  a  double  or  single  track 
of  rails  between  their  present  line,  and  said  grounds, 
similar  in  character  and  kind  to  their  present  line,  and 
to  operate  their  cars  over  the  same  by  horses  or  mules, 
and  at  such  time  as  they  may  judge  tit.  Such  track  oi- 
tracks  to  run  from  the  present  line  of  said  company 
through  Encampment,  Fortin  and  Mystery  streets  to 
said  Fair  Grounds,  and  with  the  consent  of  said  New 
Louisiana  Jockey  Club  to  any  point  within  the  same. 
This  privilege  or  franchise  is  to  continue  until  the  ex- 
piration of  the  charter  of  said  railroad  company,  and 
no  extra  charge  is  to  be  made  for  the  use  of  this  exten- 
sion of  said  road  by  persons  traveling  over  the  same 
between  the  city  and  said  Fair  Grounds. 
Streets  and  Art.  2231.  (2)  That  the  Said  City  Railroad  Company, 
Bridges.  ^^  transferees  or  assigns  shall  keep  the  streets  and  bridges 
through  which  said  route  passes  in  good  order  and 
condition,  the  said  road  to  be  laid  according  to  grades, 


RAILROADS.  835 

lines  and  levels  to  be  given  by  the  City  Surveyor,  and 
be  finished  to  the  satisfaction  of  the  Administrator  of 
Improvements  and  the  City  Surveyor. 
Art.  2232.  (1)  That  the  New  Orleans  City  Railroad  Track  on  toIc 

.  i-T  1  -1         dano  street. 

Company  be  and  is  hereby  authorized  to  lay  a  single  a.s.  471. 
track  on  Toledano  street,  from  Camp  street  to  Prytania 
street,  so  as  to  connect  the  Magazine  and  Prytania 
street  lines  of  railroad  tracks  on  said  Toledano  street ; 
provided,  that  this  privilege  shall  continue  during  the 
pleasure  of  the  Council  of  the  city  of  New  Orleans,  and 
that  the  track  be  laid  in  such  manner  as  the  Adminis- 
trator of  Improvements  shall  specify. 

See  Ordinances,  O.  S.,  Xos.  4364,  4474,  4733,  5230,  5573,  5778, 
5825,  5861;  N.  S.  606;  A.  S.  471,  1682,  2518,  3565,  3617,  4566,  4968, 
5020,  5079,  6109,  6111,  6148,  6160,  6316,  6528,  6570,  6731,  6891. 

Extension  of  Camp  and  Prytania  Lines. 

Art.  2233.  (1)  That  the  right  of  way,  franchise  or  Right  of  way. 
privilege  of  constructing,  running,  operating  and  main-  fin.\  fssa. 
taiuing  as  an  extension  of  their  Camp  and  Prytania  car 
lines  a  double-track  street  railroad  through  the  follow- 
ing -  named  streets,  with  all  necessary  turntables, 
switches  and  turnouts,  be  and  the  same  is  hereby  granted 
to  the  New  Orleans  City  Railroad  Company,  or  its 
assigns,  for  a  term  equal  to  the  remaining  number  of 
years  of  their  present  franchise,  which  expires  on  the 
1st  day  of  January,  1906,  according  to  the  conditions 
and  stipulations  hereinafter  stated. 

Art.  2234.  (2)  That  this  right  of  way,  franchise  or  streets, 
privilege  shall  commence  from  the  junction  of  Prytania  March,  IS83. 
and  Toledano  streets,  connecting  with  their  present 
Prytania  street  tracks,  through  Prytania  street  to  Up- 
perline  street,  through  Upperline  to  Pitt  street,  through 
Pitt  to  Soniat  street,  by  double  tracks,  through  Pitt 
street  from  its  junction  with  Soniat  street  to  Dufossat 
street  by  single  track,  through  Dufossat  street  by  single 
track  to  Boudousquie  street,  and  to  a  point  between 
Boudousquie  street  and  St.  Charles  avenue,  on  Dufossat 
street,  by  double  tracks,  and  from  the  junction  of  Soniat 
and  Pitt  streets,  through  Soniat  to  Bodousquie  streets 


836 


RAILROADS. 


Materials. 
C.  S.  54. 
Jan..  1S83, 


Stringers 


Tie-rods 


Crossini 
bridge  s  a  r 
culverts. 


by  single  track,  and  through  Boudoasquie  street  by 
single  or  double  tracks  to  Peters  avenue,  it  being  well 
understood  that  the  above  amendments  shall  be  subject 
to  all  the  conditions  contained  in  said  original  Ordinance 
No.  54,  C.  S. 

Art.  2235.  (3)  That  the  material  used  in  the  con- 
struction of  said  road  shall  be  as  follows : 

(a)  The  crossties  shall  be  of  the  best  quality  of 
cypress  or  upland  pine,  eight  (8)  feet  long,  hewn  or 
sawn  on  two  opposite  sides ;  having  not  less  than  ten 
(10)  inches  of  face  and  seven  (7)  inches  of  uniform 
thickness ;  they  shall  be  notched  two  inches  in  depth 
for  insertion  of  stringers,  and  their  distance  apart  shall 
not  be  more  than  four  (4)  feet  from  centres. 

(&)  The  stringers  shall  be  of  the  best  quality  of 
milled  pine,  of  not  less  than  five  (5)  by  nine  (9)  inches, 
and  not  less  than  twenty  (20)  feet  long;  they  shall  be 
fastened  to  each  crosstie  inside  and  outside  by  spiked 
wrought  iron  knees,  half  ( -2)  an  inch  thick,  two  (2) 
inches  wide  and  each  part  of  knee  six   (6)  inches  long. 

(c)  The  stringers  shall  be  fastened  by  tie  rods  five- 
eighths  (%)  of  an  inch  in  diameter,  and  be  of  sufficient 
length,  having  heads,  threads  and  nuts  and  placed 
throughout  every  ten  (10)  feet  apart. 

(d)  The  rails  used  on  this  line  of  road  shall  be  the 
flat  rail,  five  (5)  inches  wide,  resting  on  suitable  chairs 
at  their  ends,  and  shall  be  well  spiked  with  six  (6)  inch 
wrought  iron  spikes.  The  entire  space  between  the  rails 
and  tracks  shall  be  transversely  planked  with  3x12 
inches  milled  pine,  and  along  the  two  (2)  outer  sides  of 
the  tramways  throughout  this  route  shall  be  placed, 
closely  to  the  stringers  and  on  a  level  with  the  top  of 
the  rail,  one  plank  not  less  than  3x12  inches  in  dimen- 
sion. 

.  Art.  2236.  (4)  That  it  shall  be  the  duty  of  the  said 
railroad  company  to  construct  all  crossings,  bridges  and 
culverts  and  wings  of  same,  which  in  the  opinion  of  the 
Commissioner  of  Public  Works  and  the  City  Surveyor 
are  at  any  time  needed,  and  to  keep  the  said  streets, 
between  the  banquette  curb  lines,  including  all  plank- 


RAILROADS.  837 

iiigs,  crossings,  bridges,  culverts  and  wings  of  same, 
and  also  all  the  intersections  of  the  streets  of  this  route 
at  all  times  in  good  roadway  order  and  condition,  sub- 
ject to  the  approval  of  the  Commissioner  of  Public 
Works  and  City  Surveyor. 

Art.  2237.  (5)  That  the  upper  terminus  of   this   ex- ^  upper  termi- 
tension  shall  be  at  any  point  the  said  company  may  select  ^ 

between  Peters  avenue  and  Souiat  street ;  in  other  words, 
just  where  their  stables,  shops  and  car-houses  may  be 
constructed,  according  to  existing  laws  and   ordinances. 

Art.  2238,  (6)  That  mules  or  horses  shall  be  used  as  Motive  power 
the  motors  of  this  line,  and  shall,  when  upon  the  road,  *"  ^^^^  * 
be  belled  with  the  usual  car  bell,  and  not  be  driven  at 
a  greater  rate  of  speed  than  six  miles  per  hour,  and  in 
no  case  shall  steam  or  other  motors,  than  herein  speci- 
fied, be  used  by  this  company,  unless  by  consent  of  a 
majority  of  the  property  holders  residing  along  this 
route,  and  the  concurrence  of   the  Council  of  this  city. 

Art.  2239.  (7)  That  the  said  ''New  Orleans  City  commence- 
Railroad  Company"  shall  commence  operations  on  said  jTietion^ofwol^' 
road  within  thirty  days  after  the  passage  of  this  ordi- 
nance, and  shall  have  the  same  finished  and  completed 
within  six  months  thereafter,  all  of  which  shall  be  con- 
structed according  to  lines  and  levels  to  be  furnished  by 
the  City  Surveyor  and  to  the  entire  satisfaction  of  the 
Commissioner  of   Public  Works  and  City  Surveyor. 

Art.  2240.  (8)  That  the  cars  on  this  route  shall  leave  intervals  of 
their  stations  or  starting  points  at  succeeding  intervals 
of  times :  1.  Not  exceeding  five  (5)  minutes  between 
the  hours  of  five  (5)  a.  m.  and  nine  (9)  p.  m.  2.  Not 
exceeding  fifteen  (15)  minutes  between  nine  (9)  p.  m. 
and  twelve  thirty  (12:30)  a.  m,  3.  And  not  exceeding 
sixty  (60)  minutes  between  twelve  thirty  (12  :30)  a.  m. 
and  five  (5)  A.  m.  And  the  fare  to  be  charged  on  said 
line  of  road  shall  not  exceed  five  (5)  cents  between 
Canal  street  and  its  upper  terminus,  or  for  a  lesser  dis- 
tance either  way,  between  the  hours  of  five  (5)  a.  m. 
and  twelve  thirty  (12:30)  a.  m.  and  the  fare  to  be 
charged  as  above  between  twelve  thirty  (12 :30)  a.  m. 
and  five  (5)  a.  m.  shall  not  exceed  ten  (10)  cents  either 
way. 


time. 


838  RAILROADS. 

obligations     Art.  2241.  (9)  That  the  said  New  Orleans  City  Rail- 

relative  to  pav-  •,    r-i  inn  -■.  •■.  .  „,. 

ing.  road  Company  shall,  for  and  m  consideration  of  this 

franchise,  right  of  way  or  privilege  herein  granted, 
bind  itself  to  pave  the  city's  portion  of  said  streets 
within  the  last  ten  years  of  this  contract,  with  such 
pavement  or  material  as  the  city  may  select.  It  being 
well  understood  that  the  above  work  is  to  be  commenced 
within  the  year  1895,  and  pushed  to  an  early  comple- 
tion ;  but  should  the  said  New  Orleans  City  Railroad 
Company  desire  to  avail  itself  of  the  entire  ten  years  to 
do  the  work,  at  least  one-tenth  of  said  work  shall  be 
commenced  and  finished,  without  delay,  during  each 
year  embraced  in  the  period  between  the  years  1895  and 
1905. 
Reversion.  Art.  2242.  (10)  That  the  property  and  appurtenances 
connected  with  this  section  of  road  and  belonging  to 
said  New  Orleans  City  Railroad  Company  shall  revert  to 
the  city  of  New  Orleans  at  the  expiration  of  this  fran- 
chise or  right  of  way,  on  a  valuation  to  be  ascertained 
by  two  disinterested  persons,  one  to  be  appointed  by 
the  railroad  company  and  the  other  by  the  city,  and  in 
the  event  of  a  disagreement  as  to  said  valuation  between 
the  said  two  persons  thus  appointed,  a  third  party  or 
umpire  shall  be  appointed  by  one  of  the  District  Courts, 
the  decision  thereby  had  to  be  final  and  binding. 
Duty  of  Com-     Art.  2243.  (11)  That  it  is  hereby  made  the  duty  of  the 

Pubuc  Works.  Commissioner  of  Public  Works  and  City  Surveyor  to  noti- 
fy the  said  company  in  writing,  through  its  president  or 
chief  officer,  of  any  violation  of  the  requirements  or  agree- 
ments contained  in  this  ordinance,  giving  them  a  stated 
time  to  rectify  the  same,  and  if,  upon  the  expiration  of 
such  time,  the  company  has  failed,  neglected  or  refused 
to  comply  with  such  notice,  then  the  City  Council  shall 
have  the  said  violation  rectified  at  the  expense  of  said 
company  without  further  notification.  The  cost  for  so 
doing  to  be  recoverable  before  any  court  of  competent 
jurisdiction. 
Bond.  Art.  2244.   (12)  That  the    said  New   Orleans   City 

Railroad  Company  bind  themselves  to  complete  the  said 
continuation  of  road  within  the  time  hereinbefore  stated. 


RAILROADS.  839 

and  for  the  faithful  execution  of  the  same  the  said  rail- 
road company  shall  furnish  to  the  city  of  New  Orleans 
to  the  satisfaction  of  the  City  Council,  good  and  solvent 
security  in  the  shape  of  a  bond  in  the  sum  of  $5000, 
naming  real  estate  unincumbered.  The  said  bond  shall 
be  made  in  favor  of  the  Mayor  of  the  city  of  New  Or- 
leans, and  be  filed  and  recorded  in  the  mortgage  office  of 
the  city  of  New  Orleans.  And  it  is  well  understood 
that  in  case  of  failure  by  said  company  to  comply  with 
the  before  mentioned  conditions  and  requirements  to 
finish  the  work  of  construction  within  the  time  fixed,  its 
bond  shall  then  become  forfeited  to  the  city  of  New  Or- 
leans. In  case  the  Commissioner  of  Public  Works  and  ^ 
City  Surveyor  be  dissatisfied  with  the  manner  in  which 
the  work  is  being  executed,  or  should  the  company  fail 
to  complete  the  work  as  above  specified,  the  Commis- 
sioner of  Public  Works  and  City  Surveyor  shall  report 
the  same  to  the  City  Council,  which  body  shall  have  the 
right  to  annul  the  franchise  without  putting  the  com- 
pany in  default,  as  required  by  Article  1905  of  the  Civil 
Code,  or  any  other  law  or  laws,  and  without  indemnity ; 
and  it  is  to  be  well  understood,  that  in  case  the  com- 
pany shall  abandon  the  work  or  not  finish  the  same  in 
accordance  with  this  ordinance,  the  said  company  shall  bo^d 
forfeit  all  claims  it  may  have  for,  or  in  any  part  of  the 
work  done  by  it  up  to  the  date  of  its  abandonment.  The 
company  expressly  agreeing  and  understanding  that  this 
condition  is  in  all  things  binding,  and  that  the  company, 
their  heirs,  legal  representatives  or  assigns,  shall  at  no 
j  time,  in  any  court  of  justice,  by  plea,  answer,  exception, 
i  motion,  objection  of  any  kind,  sort  or  description  or  un- 
I  der  any  circumstances,  set  up,  urge,  or  in  any  way 
I  allege,  plead  or  claim,  that  the  condition  of  this  ordi- 
nance is  not,  in  all  respects,  legal,  binding  and  obliga- 
tory on  the  company,  or  its  legal  representatives,  or  as- 
signs. 

•  Extension  of  Camp  and  Magazine  Line. 

Art.  2245.   (1)  That  the  right  of   way,  franchise  or 
j  privilege  of  constructing,  running,  operating  and  main- 


Forfeiture  of 


840 


RAILROADS. 


Right  of  waj 
C.  S.  24S. 
April,  1SS3. 
May,  1883 


Crossties. 


Stringers. 


Tie-rods. 


taining  as  aii  extension  of  their  Camp  and  Magazine 
streets  ear  lines  through  the  following  named  streets, 
with  all  necessary  turntables,  switches,  and  turnouts, 
be  and  the  same  is  hereby  granted  to  the  *'  New  Orleans 
City  Railroad  Company,"  or  its  assigns,  for  a  term 
equal  to  the  remaining  number  of  years  of  their  present 
franchise,  which  expires  on  the  first  day  of  January, 
1906,  according  to  the  conditions  and  stipulations  here- 
inafter stated. 

Art.  2246.  (2)  That  the  right  of  way,  franchise  or 
privilege  shall  commence  from  their  present  tracks  at 
the  junction  of  Magazine  and  Toledano  streets,  through 
Magazine  by  double  track  to  Louisiana  avenue,  through 
Louisiana  avenue  (lower  side)  to  Laurel  street,  through 
Laurel  street  by  single  track  to  Valmont  street,  and 
from  Valmont  street  up  by  double  track  through  Laurel 
street,  to  the  Upper  City  Park,  returning  through  Laurel 
street  to  Valmont  street,  thence  through  Valmont  street 
by  smgle  track  to  Constance  street,  thence  through  Con- 
stance street,  by  single  track  to  Louisiana  avenue,  thence 
through  Louisiana  avenue  (upper  side)  by  single  track 
to  Magazine  street,  thence  through  Magazine  street  (by 
double  track  as  heretofore  mentioned)  to  starting  point. 

Art.  2247.  That  the  material  used  in  the  construc- 
tion of  said  road  shall  be  as  follows : 

(a)  The  crossties  shall  be  of  the  best  quality  of 
cypress  or  upland  pine,  eight  (8)  feet  long,  hewn  or 
sawn  on  two  opposite  sides,  having  not  less  than  ten 
(10)  inches  of  face  and  seven  (7)  inches  of  uniform 
thickness ;  they  shall  be  notched  two  (2)  inches  in 
depth  for  insertion  of  stringers,  and  their  distance 
apart  shall  not  be  more  than  four  (4)  feet  from  centres. 

(&)  The  stringers  shall  be  of  the  best  quality  of 
milled  pine,  of  not  less  than  five  (5)  by  nine  (9)  inches, 
and  not  less  than  twenty  (20)  feet  long;  they  shall 
be  fastened  to  each  crosstie  inside  and  outside  by 
spiked  wrought  iron  knees,  half  (/^)  an  inch  thick,  two 
(2)  inches  wide,  and  each  part  of  knee  six  (6)  inches 
long. 

(e)  The  stringers  shall  be  fastened  by  tie-rods  five- 


RAILROADS.  841 

eighths  (  H  )  of  an  inch  in  diameter,  and  be  of  sufficient 
length,  having  heads,  threads  and  nuts,  and  placed 
throughout  every  ten  (10)  feet  apart. 

(fZ)  The  rails  used  on  this  line  of  road  shall  be  the  flat  Rails, 
rail,  five  (5)  inches  wide,  resting  on  suitable  chairs  at 
their  ends,  and  shall  be  well  spiked  with  six  (6)  inch 
wrought  iron  spikes. .  The  entire  space  between  the  rails 
and  tracks  shall  be  transversely  planked  with  3x12  inch 
milled  pine,  and  along  the  two  outer  sides  of  the  tram- 
ways throughout  this  route  shall  be  placed  close  by  to 
the  stringers  and  on  a  level  with  the  top  of  the  rail,  one 
plank  not  less  than  3x12  inches  in  dimension. 

Art.    2248.  (4)  That  it   shall  be  the  duty  of  said    Cu  i  verts, 

^     '  •'  bridges,  streets,. 

railroad  company  to  construct  all  crossings,  bridges  and  etc 
culverts  and  wings  of  same,  which  in  the  opinion  of  the 
Commissioner  of  Public  Works  and  the  City  Surveyor 
are  at  any  time  needed,  and  to  keep  the  said  streets  be- 
tween the  banquette  curb  lines,  including  all  plankings, 
crossings,  bridges,  culverts  and  wings  of  same,  and  also 
all  the  intersections  of  the  streets  of  this  route  at  all 
times  in  good  roadway  order  and  condition  subject  to 
the  approval  of  the  Commissioner  of  Public  Works  and 
City  Surveyor. 

Art.  2249.  (5)  That  the  upper  terminus  of  this  ex-  Upper  termi- 
tension  shall  be  at  any  point  the  said  company  may  se- 
lect between  the  lower  line  of  said  park  and  Henry  Clay 
avenue ;  in  other  words,  just  where  their  stables,  shops 
and  car-houses  may  be  constructed  according  to  exist- 
ing laws  and  ordinances. 

Art.  2250.  (6)  That  mules  or  horses  shall  be  used  as  Motive  power, 
the  motors  of  this  line,  and  shall,  when  upon  the  road, 
be  belled  with  the  usual  car  bell,  and  not  be  driven  at  a 
greater  rate  of  speed  than  six  miles  per  hour,  and  in  no 
case  shall  steam  or  other  motors  than  herein  specified  be  ^^^  " 
used  by  this  company,  unless  by  consent  of  a  majority 
of  the  property  holders  residing  along  this  route,  and 
the  concurrence  of  the  Council  of  this  city. 

Art.  2251.   (7)  That  the  said  New  Orleans  City  Rail-    commence- 

-,    r^  in  ,.  .1  ,mefttandcom- 

road  Company  shall  commence  operations  on   said  road  pietion. 
within  sixty  days   after  the   passage  of  this   ordinance. 


842  RAILROADS. 

and  shall  have  the  same  finished  and  completed  within 
six  months  thereafter ;  all  of  which  shall  be  constructed 
according  to  lines  and  levels  to  be  furnished  by  the  City 
Surveyor,  and  to  the  entire  satisfaction  of  the  Commis- 
sioner of  Public  Works  and  City  Surveyor, 
start'ng.''''  °^  Art.  2252.  (8)  That  the  cars  on  this  route  shall  leave 
May*, 7883.  their  stations  or  starting  points  at  succeeding  intervals 
of  time.  First — Not  exceeding  ten  (10)  minutes  be- 
tween the  hours  of  five  (5)  A.  M.  and  nine  (9)  p.  m. 
Second — Not  exceeding  fifteen  (15)  minutes  between 
twelve  thirty  (12:30)  P.  m.  and  twelve  thirty  (12:30) 
A.  M.  Third — And  not  exceeding  sixty  (60)  minutes 
between  twelve  thirty  (12:30)  a.  m.  and  five  (5)  a.  m. 
And  the  fare  to  be  charged  on  said  line  of  road  shall 
^*'^'  not  exceed  five  (5)  cents  between  Canal  street  and  its 

upper  terminus,  or  for  a  lesser  distance  either  way,  be- 
tween the  hours  of  five    (5)    a.  m.    and  twelve    thirty 
(12:30)  A.  M.,  and  the  fare  to  be  charged  as  above  be- 
tween twelve  thirty   (12:30)   a.  m.    and   five  (5)  a.  m. 
shall  not  exceed  ten  (10)  cents  either  way.     It  is  well 
understood  that  time  of  ten  minutes  may  at  any  time  be 
altered  so  as  to  make  it  five  minutes  or  less  between  the 
starting  of  each  car. 
Obligations     Art.  2253.  (9)  That  the  said  New  Orleans  City  Rail 
road  Company  shall,  for   and   in   consideration  of  this 
franchise,  right  of  way  or  privilege  herein  granted,  bind 
itself  to  pave  the  city's  portion  of  said  streets,  within 
the  last  ten  years  of  this  contract,  with  such  pavement 
or  nlaterial  as  the  city  may  select.     It  being  well  under- 
stood that  the  above  work  is  to  be  commenced  within  the 
year  1895  and  pushed  to  an  early  completion ;  but  should 
the  said  New  Orleans  City  Railroad  Company  desire  to 
avail  itself  of  the  entire  ten  years  to  do  the  work,  at 
least  one-tenth  of  said  work  shall  be  commenced  and 
finished  without  delay  during  each  year  embraced  in  the 
period  between  the  years  1895  and  1905. 
Reversion.         Art.  2254.    (10)    That    the    property  and  appurte- 
Apfii,''?ls3.    nances   connected   with   this   section   of   the   road  and 
belonging  to  said  New  Orleans  City  Railroad  Company, 
shall  revert  to  the  city  of  New  Orleans  at  the  expiratioi 


RAILROADS.  843 

of  this  franchise  or  riffht  of  way,  on  a  valuation  to  be  valuation  ;how 

.  ^  .  settled. 

ascertained  by  two  disinterested  parties,  one  to  be  ap- 
pointed by  the  railroad  company  and  the  other  by  the 
city,  and  in  the  event  of  a  disagreement  as  to  said  valu- 
ation between  the  said  two  persons  thus  appointed, 
a  third  party  or  umpire  shall  be  appointed  by  one  of  the 
district  courts,  the  decision  thereby  had  to  be  final  and 
binding. 

Art.  2255.  (11)  That  it  is  hereby  made  the  duty  of    Neglect  of 

company;  how 

the  Commissioner  of  Public  Works  and  City  surveyor  rectified, 
to  notify  said  company  in  writing,  through  its  president 
or  chief  officer,  of  any  violation  of  the  requirements  or 
agreements  contained  in  this  ordinance,  giving  them  a 
stated  time  to  rectify  the  same,  and  if,  upon  the  expira- 
tion of  such  time,  the  company  has  failed,  neglected  or 
refused  to  comply  with  such  notice,  then  the  City  Coun- 
cil shall  have  the  said  valuation  rectified  at  the  expense 
of  said  company  without  further  notification.  The  cost 
for  so  doing  to  be  recoverable  before  any  court  of  com- 
petent jurisdiction. 

Art.  2256.  (12)  That  the  said  New  Orleans  City  bo^^  of  isooo. 
Railroad  Company  bind  themselves  to  complete  the  said 
continuation  of  road  within  the  time  hereinbefore  stated, 
and  for  the  faithful  execution  of  the  same  the  said  rail- 
road company  shall  furnish  the  city  of  New  Orleans,  to 
the  satisfaction  of  the  City  Council,  good  and  solvent 
security  in  the  shape  of  a  bond  in  the  sum  of  $5000, 
naming  real  estate  unencumbered.  The  said  bond  shall 
be  made  in  favor  of  the  Mayor  of  the  city  of  New  Orleans 
and  be  filed  and  recorded  in  the  Mortgage  Office  of  the 
city  of  New  Orleans.  And  it  is  well  understood  that  in 
case  of  failure  by  the  said  company  to  comply  with  the  be- 
fore-mentioned conditions  and  requirements  to  finish  the 
work  of  construction  within  the  time  fixed,  its  bond  shall 
then  become  forfeited  to  the  city  of  New  Orleans.  In 
case  the  Commissioner  of  Public  Works  and  City  Sur- 
veyor be  dissatisfied  with  the  manner  in  which  the  work 
is  being  executed,  or  should  the  company  fail  to  com-  ^°^  forfeited 
plete  the  work  as  above  specified,  the  Commissioner 
of  Public  Works  and  the  City  Surveyor   shall   report 


844  RAILROADS. 

the  same  to  the  City  Council,  which  body  shall 
have  the  right  to  annul  the  franchise  without  putting 
the  company  in  default,  as  required  by  Article  ]  90  of 
the  Civil  Code,  or  any  law  or  laws,  and  without  indem- 
nity ;  and  it  is  to  be  also  well  understood  that  in  ease 
the  company  shall  abandon  the  work,  or  not  finish  the 
same  in  accordance  with  this  ordinance,  the  said  com- 
pany shall  forfeit  all  claims  it  may  have  for  or  in  part 
of  the  work  done  by  it  up  to  the  date  of  its  abandon- 
ment. The  company  expressly  agreeing  and  under- 
standing that  this  condition  is  in  all  things  binding, 
and  that  the  company,  their  heirs,  legal  representatives 
or  assigns  shall  at  no  time,  in  any  court  of  justice,  by 
plea,  answer,  exception,  motion,  objection  of  any  kind, 
sort  or  description,  or  under  any  circumstances  set  up, 
urge  or  in  any  way  allege,  plead  or  claim  that  the  con- 
ditions of  this  ordinance  are  not  in  all  respects  legal, 
binding  and  obligatory  on  the  company  or  its  legal  rep- 
resentatives or  assigns. 

s  ?nsibie°'  '^'  ^^'^-  ^^'^^-  (1^)  "^^^^  nothing  in  this  franchise  shall 
be  construed  as  holding  the  city  responsible  for  any  lia- 
bility that  may  occur  by  reason  of  litigation  or  other- 
wise between  the  City  Railroad  Company  and  the  Cres- 
cent City  Railroad  Company,  occasioned  by  rights  now 
claimed  by  said  Crescent  City  Railroad  Company  on 
Magazine  street,  between  Toledano  street  and  Louisiana 
avenue. 
Amending  Art.  2258.  (1)  That  Ordinance  No.  7725,  A.  S.,  ap- 
Apru7l882.    proved  April  4,  1882,  be  amended  so  as  to  grant  unto  the 

^o^rd. No.  523,  ^^^  Orleans  City  &  Lake  Road  Company,  the  successor 
of  the  New  Orleans  City  Railroad  Company,  in  addition 
to  the  privileges  therein  contained,  the  right  of  laying 
a  single  or  double  track  and  of  running  cars  thereon,  on 

right!"^  ^'^  °  Maurepas  street,  from  Encampment  street  through 
Maurepas  to  its  junction  with  Esplanade  street,  where 
the  cars  of  the  company  now  run. 

fir3'to%''uc-     ^^'^-  2259.  (2)  That  all  the  rights  and  obligations 

cessor.  Qf  gaid  Ordinance  No.  7725,  A.  S.,  and  of  this  ordinance, 

are   hereby  declared  to  be   in  full  force  and  effect,    and 
shall  remain  so  for  the  benefit  of  said  New  Orleans  City 


RAILROADS.  845 

&   Lake  Kailroad  Company,  so  long  as   it  operates   the 
Esplanade  street  line  of  cars. 

In  consideration  of  this  privilege  the  company  agrees  consideration, 
to  plank  the  whole  street  (excepting  the  sidewalks) 
with  three-inch  yellow  pine  planks,  spiked  with  six- 
inch  wrought  spikes  to  yellow  pine  mudsills,  4x8,  placed 
three  feet  from  centres  and  pinned  to  the  ground  with 
oak  pins  two  feet  long,  the  whole  planking  to  be  for  the 
length  of  new  track  laid,  and  to  be  subject  to  the  ap- 
proval of  the  Commissioner  of  Public  Works. 

Art.  2260.   (1)    That   permission   be   and  is   hereby  ^^s^^^*^^,J^;';*^^"j« 
granted  to  New  Orleans  City  &    Lake    Railroad  Com-    J^^s.  sg 
pany,  the  successors  of  the  New  Orleans  City  Railroad 
Company,  and  the  owners  of  the  New  Orleans  Metairie 
Lake   Railroad,  running  to  West  End,  to  run  ''  Their 
Lake  Cars,  Propelled  by  Steam  Power,"  on  Canal  street, 
from  Basin  street  to  (y'arondelet  street,  and  to  establish 
a  stand  for  said  cars  on  the  corner  of  Canal  and  Caron-  ^'^"''  ^°''  '=*''^- 
delet  streets. 

Art.  2261.  (2)   That  said  permission  shall  be  in  ad-  Additional  pri- 
dition  to  all  other  privileges  now  enjoyed  by  said  com- 
pany, and  shall  be  governed  by  the  provisions  of  Ordi- 
nance No.  6891,  A.  S. 

Art.  2262.   (3)  That  said  permission  shall  continue    Expiration, 
until  January  1,  1906,  the  date  of  the  expiration  of  the 
Canal  street  right  of  way  owned  by  said  company. 

Art.  2263.  (1)  That  the  right  of  way,  franchise  or    Riphtofway 
privilege  of  constructing,  running,  operating  and  main-    Mafch,Tss4. 
taining,   as  an  extension  of  their  Camp  and  Prytania 
street  line,  their    tracks  through  the  following-named 
streets,  with  all  the  necessary  turntables,  switches  and 
turnouts,  be  and  the  same  is  hereby  granted  to  the  New 
Orleans  City  &  Lake  Railroad  Company  or  its  assigns, 
for  a  term  equal  to  the  remaining  number  of  years  of 
their  present  franchise,  which  expires  on  the  1st  day  of    ^^'"^  "* 
January,  1906,  according  to  the  conditions  and  stipula- 
tions hereinafter  stated. 

Art.  2264.   (2)  That  this  right  of  way,  franchise  or    commence- 
privilege  shall  commence  from  its  present  track,  at  the 
intersection  of  Dufossat  and  Pitt  streets  by  single  track 


846  RAILROADS. 

on  Pitt  street  to  Joseph  street,  on  Joseph  street  to  Bou- 
dousquie  street  by  single  track,  say  one  square.     Also 
on  Boudousquie  street,  from  its  intersection  with  Dufos- 
Route.  gat  street  to  Joseph  street  by  single  track,  thence  on  Jo- 

seph street  by  double  track  to  Hurst  street,  thence  on 
Hurst  street  by  double  track  to  the  lower  line  of  the 
city  park  or  exposition  ground. 

Art.  2265.  (3)  That  the  material  used  in  the  con- 
struction of  said  road  shall  be  as  described  in  Ordinance 
No.  54,  Council  Series,  according  to  the  specifications 
anJf^re.  ^^''^^  therein  contained.  It  being  further  understood  that  this 
extension  shall  be  operated  under  the  same  time  table 
and  fare  charges  as  the  now  existing  Prytania  street 
railroad  line. 
Operations  to     Art.  2266.  (4)  That  the  said  New  Orleans  City  &  Lake 

commence.  ^     '  "^ 

Railroad  Company  shall  commence  operations  on  said 
road  within  thirty  days  after  the  passage  of  this  or- 
dinance, and  shall  have  the  same  completed  within 
Completion,  niucty  days  thereafter,  all  of  which  shall  be  constructed 
according  to  lines  and  levels  to  be  furnished  by  the 
City  Surveyor,  and  to  the  entire  satisfaction  of  the 
Commissioner  of   Public  Works  and  the  City  Surveyor. 

c'^^so"^^^'     -^^'^*  2267.  (1)  That   permission   be   and    is   hereby 

Aug..  is&t.  granted  to  the  New  Orleans  City  &  Lake  Railroad  Com- 
pany, the  successors  of  the  New  Orleans  City  Railroad 
Company,  to  lay  and  operate  a  single  track  on  Camp 
street  from  Poeyfarre  to  Canal  streets,  and  connecting 
at  these  streets  with  its  present  tracks,  and  in  addition 
to  the  track  now  on  Camp  street ;  thus  forming  a  double 
track  on  Camp  street  from  Poeyfarre  to  Canal  streets. 
This  additional  track  to  be  laid  by  placing  a  stringer  and 

Ex  irafon  ^'^^^  ^^  cach  sidc  of  the  present  track,  and  the  right  to 
maintain  and  operate  same,  to  remain  in  full  force  and 
effect  until  January  1,  1906,  the  date  of  the  expiration 
of  franchise  and  right  of  way  on  said  streets,  as  now 
used  by  the  New  Orleans,  City  &  Lake  Railroad  Com- 
pany. 
Additional  pri-      Art.  2268.  (2)  That  the    said  New  Orleans  City    & 

viiege.  Lake  Railroad  Company  do  have  the  further  right  of 

laying  at  the  intersections  of  Poeyfarre  and  Magazine 


RAILROADS.  847 

streets  and  of  Poeyfarre  and  Camp  streets  such  turnouts  Duration. 
and  switches  as  will  allow  the  running  of  the  Magazine 
street  cars  down  Camp  street  from  Poeyfarre  street  to 
Canal  street,  should  Magazine  street  at  any  time  from 
any  cause  become  impassable  from  Poeyfarre  street  to 
Canal  street;  this  right  to  continue  to  the  date  men- 
tioned in  the  preceding  section. 

Art.  2269.  That  the  New  Orleans  City  &  Lake  Railroad    To  r  e  move 
Company  be  and  are  hereby  ordered  to   remove  their   ord.  no.  3102, 
track  on  Caffin's  lane  to  the  centre  of  street,  according    July  24,  isss. 
to  their  franchise  (see  Jewell's  Digest,  folio  231),  and 
construct  a  gutter  on  lower  side   of  Caffin's  lane,  from 
Dauphine  street  to  levee. 

Art.  2270.  That  the  said  railroad  company  be  and  are  Repairs, 
hereby  directed  to  repair  at  once  and  place  in  proper 
condition,  from  curb  to  curb,  the  following  streets  as  per 
franchise  (see  Jewell's  Digest,  Art.  ,  folio  232): 
Delery  street,  from  Dauphine  street  to  levee;  Caffin's 
lane,  from  Danphine  street  to  levee,  and  Dauphine 
street,  from  Delery  street  to  Caffin's  lane. 

Art.  2271.  That  the  New  Orleans  City  &  Lake  Rail-    cuiverts,  to 
road  Company  be  and  are  hereby  directed  to  clean  and  enlarged, 
enlarge  the  present  culverts,  and  construct  new  ones, 
under  their  track  on  Dauphine  street,  from  Poland  street 
•  to  Delery  street,  as  directed  by  the  City  Surveyor. 

Art.  2272.  That  all  the  work  to  be  done  under  the  cuy  surveyor 
supervision  and  to  the  satisfaction  of  the  City  Surveyor 

Art.  2273.  That  in  the  event  of  failure  on  the  part  of 

Duty  ot  Com- 

the  New  Orleans  City  &  Lake  Railroad  Company  tomissioner  of 
signify  their  willingness  to  comply  with  this  ordinance 
within  twenty  days  after  promulgation  of  same  the 
Commissioner  of  Public  Works  is  hereby  directed  to 
proceed  and  carry  out  the  provisions  of  Art.  492 
(Jewell's  Digest,  p.  300). 

Art.  2274.  That  the  New  Orleans  City  &  Lake  Rail-  change  tracks, 
road  Company  be  directed  to  change  the  system  of  c!^|^'^°"^^^^' 
running  their  cars  on  Prytania  street,  so  as  to  conform  ^^^^'  ^'^'  '^^' 
with  usual  rules  of  keeping  to  the  right. 

Art.  2275.  That  the  Comptroller  be  and  he  is  hereby 
authorized  and  directed  to  advertise  according  to  law. 


848  RAILROADS. 

tio^if'*  *'  ^"*^"  ^^^  ^^  ^^^^  "^  block  at  public  auction  to  the  highest  bid- 
^Ord.  No.  7S7S,  (jgi-^  for  cash,  an  extension  of  the  following-described 
May  i6, 1893.  street  railway  franchises,  now  owned  and  operated  by 
the  New  Orleans  City  &  Lake  Railroad,  for  a  term 
of  fifty  years  from  the  date  of  the  expiration  thereof 
upon  the  following  terms,  conditions  and  specifications, 
and  with  the  following  additions  and  modifications ; 
provided,  however,  that  all  bids  shall  be  subject  to 
rejection  by  the  City  Council. 

Art.  2276.  The  right  to  contract,  maintain  and  op- 
erate for  fifty  years  from  the  first  day  of  January,  1906, 
lines  of  street  railway  for  carrying  of  passengers,  as 
now  owned  and  operated  by  the  New  Orleans  City  & 
Lake  Railroad  Company,  as  herein  changed  and  mod- 
ified, and  more  accurately  and  fully  described  as  fol- 
lows: 

Magazine  Street  Line. 

Route.  Art.  2277.  Commencing  at  the  intersection  of  Canal 

and  St.  Charles  streets,  on  tracks  on  the  neutral  ground 
of  Canal  street,  thence  to  Camp  street. 

On  Camp  street,  from  Canal  street  to  St.  Andrew 
street. 

On  Magazine  street,  from  St.  Andrew  street  to 
Louisiana  avenue. 

On  Louisiana  avenue  (lower  side),  from  Magazine 
street  to  Laurel  street. 

On  Laurel  street  to  lower  side  of  Audubon  Park, 
thence  running  down  Laurel  street  to  Valmont  street. 

On  Valmont  street  to  Constance  street. 

On  Constance  street,  from  Valmont  street  to  Louisiana 
avenue. 

On  Louisiana  avenue  (upper  side),  from  Constance 
street  to  Magazine  street;  on  Magazine  street,  from 
Louisiana  avenue  to  Canal  street ;  on  Canal  street,  from 
Magazine  street  to  the  point  of  starting. 

With  privilege,  at  the  purchaser's  option,  to  lay  an- 
other track  on  Magazine  street  from  Canal  street  to  St. 
Andrew  street ;  and  also  to  lay  a  double  track  on  Laurel 
street  from  Louisiana  avenue  to  the  park,  and  in  tha 


RAILROADS. 


849 


event  to  abandon  and  take  up  the  line  on  Constance 
street  and  Valniont  street. 

The  purchaser  or  his  assigns  shall  have  the  right, 
with  the  permission  of  the  owners,  of  the  Crescent  City 
Railroad  franchises,  to  connect  this  line  with  the  Upper 
Magazine  Street  Line  above  Louisiana  avenue  by  tracks 
across  Louisiana  avenue,  and  to  connect  with  the 
Annunciation  Line  by  tracks  through  Louisiana  avenue 
from  Laurel  street  to  Annunciation  and  Chippewa,  and 
through  these  streets  as  far  as  Toledano  street;  and 
shall  also  have  the  right  to  connect  through  Peters 
avenue  by  double  track  with  the  tracks  of  the  road  sold 
under  Ordinance  No.  6352,  Council  Series,  and  by  ar- 
rangement with  the  owners  of  that  franchise  and  the 
Crescent  City  Railroad  to  interchange  cars  between  said 
lines  over  said  connections. 

Acquired  by  contract  with  the  city  of  New  Orleans, 
on  October  2,  1879,  June  14,  1882,  and  May  15,  1883. 


Connections. 


Catnj)  and  Pryfania  Street  Line. 

Art.  2278.  Commencing  at  the  intersection  of  Canal 
and  St.  Charles  streets,  on  tracks  on  the  ''neutral 
grounds,"  thence  to  Camp  street. 

Up  Camp  street  to  the  commencement  of  Prytania 
street,  between  Delord  and  Calliope  streets. 

Thence  up  Prytania  street  to  Upperline  street. 

On  Upperline  street  from  Prytania  street  to  Pitt 
street. 

On  Pitt  street  from  Upperline  street  to  Joseph  street. 

On  Joseph  street  from  Pitt  street  to  Hurst  street. 

On  Hurst  street  to  the  lower  line  of  Audubon  Park. 

Thence  returning  down  Hurst  street  to  Joseph  street. 

On  Joseph  street  from  Hurst  street  to  Boudousquie 
street. 

Boudousquie  street  from  Joseph  street  to  Soniat  street. 

Soniatistreet  from  Boudousquie  street  to  Pitt  street. 

Pitt  street  from  Soniat  street  to  Upperline  street. 

Upperline  street  from  Pitt  street  to  Prytania  street. 

Prytania  street  from  Upperline  street  to  its  intersec- 
tion with  Camp  street  as  aforesaid. 


850  ■         RAILROADS. 

Theuce  down  Camp  street  to  Canal  street  and  to  the 
point  of  starting. 
opSi!^^*"^'^  The  purchaser  shall  have  the  right,  at  his  option,  to 
take  up  and  abandon  the  single  track  as  above  pro- 
vided for  on  Soniat  street  and  Boudousquie  street,  and 
to  lay  a  double  track  on  Upperline  street  from  Prytania 
street  to  Pitt  street,  and  a  double  track  on  Pitt  street 
from  Upperline  street  to  Joseph  street,  and  a  double 
track  on  Joseph  street  from  Pitt  street  to  Hurst  street, 
or  to  continue  the  double  track  on  Prytania  street 
straight  up  Prytania  street  to  Joseph  street,  and  through 
Joseph  street  to  Hurst  street  and  to  abandon  tracks  on 
Pitt  and  Boudousquie  streets. 

Acquired  by  contracts  with  the  city  of  New  Orleans, 
October  2,  1879,  June  14,  1882  and  February  27,  1883, 
and  Ordinances  Nos.  217,  600  and  807,  Council  Series. 

And  in  connection  with  the  two  routes  just  above 
mentioned,  the  purchaser  or  assigns  shall  have  the  right 
to  lay  a  single  track  on  Poeyfarre  street,  between  Camp 
and  Magazine  streets,  and  to  lay  at  the  intersection  of 
Poeyfarre  and  Magazine  streets  such  turnouts  and 
switches  as  will  allow  the  running  of  the  Magazine 
street  cars  down  Camp  street  from  Poeyfarre  street  to 
Canal  street ;  and  they  shall  have  the  right  to  run  the 
Prytania  street  cars  down  Magazine  street  for  the  con- 
venience of  the  company  and  the  public ;  and  to  con- 
nect through  Boulevard  avenue  by  double  track  from 
Prytania  to  Tchoupitoulas  street  with  the  Crescent  City 
lines  and  to  interchange  cars  over  said  lines  with  the 
consent  of  the  Crescent  City  Railroad  Company. 

The  right  through  Poeyfarre  street  is  given  by  Ordi- 
nance No.  807,  Council  Series. 

TJhe  construction  of  a  double  track  on  Magazine  street 
and  running  cars  in  both  directions  as  hereinabove  per-| 
mitted  shall  not  deprive  the  purchaser  of  the  right  toj 
continue  to  run  Magazine  street  cars  up  on  Camp  street 
as  herein  provided. 


RAILROADS.  851 

Rampart  and  Dauphine  Street  Line. 

Art.  2279.  Commencing  at  the  intersection  of   Canal    Route, 
and    St.    Charles    streets,    on   tracks    on    the    neutral 
grounds,  as  now  constructed  and  used. 

Thence  out  Canal  street  to  North  Rampart  street. 

North  Rampart  street  from  Canal  street  to  Esplanade 
street. 

Esplanade  street  from  North  Rampart  to  Dauphine 
street. 

Dauphine  street  from  Esplanade  street  to  Poland 
street. 

Poland  street  from  Dauphine  street  to  North  Rampart 
street. 

Thence  returning  on  Poland  street  to  Dauphine 
street. 

Dauphine  street  from  Poland  street  to  Delery   street. 

Delery  street  from  Dauphine  street  to  North  Peters 
street. 

North  Peters  from  Delery  street  to  the  Crescent  City 
Slaughterhouse. 

Then  returning  along  North  Peters  street  to  Flood 
street. 

Flood  street  from  North  Peters  street  to  Dauphine 
street. 

Dauphine  street  from  Flood  street  to  Poland  street. 

Poland  street  from  Dauphine  street  to  North  Rampart 
street. 

North  Rampart  street  from  Poland  street  to  Canal 
street,  and  thence  to  the  pomtof  starting;  the  whole  ac- 
cording to  tracks  as  now  used;  those  on  Canal,  North 
Rampart,  Poland  and  Esplanade  streets  being  on  the 
neutral  grounds  of  said  streets ;  or  as  follows  at  the  op- 
tion of  the  purchaser  of  this  franchise  ;  Dauphine  from 
Esplanade  to  Hancock,  Hancock  to  North  Peters,  North 
Peters  to  the  Crescent  City  Slaughterhouse ;  thence  re- 
turning. North  Peters  to  Hancock  street,  Hancock  street 
to  Royal  street.  Royal  to  Poland  street,  Poland  to  Ram- 
part street,  Rampart  to  Esplanade  street.  The  pur- 
chaser or  purchasers  of  this  franchise  to  use  the  neutral 


852  RAILROADS. 

ground  of  Poland  street.  The  above  to  apply  to  the 
Levee  and  Barracks  line. 

Acquired  by  contract  with  the  city  of  New  Orleans  on 
October  2,  1879,  and  Ordinance  16S2,  Administration 
Series. 

Levee  and   Barracks  Line. 

Route.  ^jj^   2280.  Commencing  at  the  intersection  of  Canal 

and  Decatur  streets,  with  tracks  on  the  neutral  ground, 
thence  along  Canal  street  to  North  Peters  street. 

North  Peters  street,  from  Canal  street  to  Lafayette 
avenue. 

Lafayette  avenue,  from  North  Peters  street  to  Chartres 
street. 

Chartres  street,  from  Lafayette  avenue  to  Poland 
street. 

Poland  street,  from  Chartres  street  to  Dauphine  street. 

Dauphine  street,  from  Poland  street  to  Delery  street. 

Delery  street,  from  Dauphine  street  to  Peters  street. 

North  Peters  street,  from  Delery  street  to  the  Crescent 
City  Slaughterhouse. 

Thence  returning  along  North  Peters  street  to  Flood 
street. 

Flood  street,  from  North  Peters  street  to  Dauphine 
street. 

Dauphine  street,  from  Flood  street  to  Poland  street. 
'  Poland  street,  from  Dauphine  street  to  Royal  street. 

Royal  street,  from  Poland  street  to  Lafayette  avenue. 

Lafayette  avenue,  from  Royal  street  to  North  Peters 
street. 

On  North  Peters  street  to  Canal  street,  and  thence  to 
the  point  of  starting. 

From  the  intersection  of  Dauphine  and  Poland  streets 
to  the  Crescent  City  Slaughterhouse  and  return  the  cars 
of  this  line  run  over  the  same  tracks  as  the  Rampart  and 
Dauphine  street  line. 

Acquired  by  contract  with  the  city  of  New  Orleans  on 
June  9,  1862,  and  by  ordinances  6322  and  6405,  Old 
Series,  and  67,144,  248,490  and  1506,  New  Series,  and 
1682,  Administration  Series. 


RAILROADS.  853 

As  the  franchise  of  this  line  as  now  constructed  does 
lot  expire  at  the  same  date  with  the  other  franchises  of 

le  New  Orleans  City  and  Lake  Railroad  Company,  the 
Extension  thereof  under  this  sale  shall  be  January  1, 
i.95G,  so  as  to   make  all  said   franchises   expire  on  the 

ime  date,  thereby  making  the  extension  of  this  fran- 
chise more  than  fifty  years. 

Canal  Street  and  Bayou  St.  John  Line. 

Art.  2281.  Commencing  at  Canal  street,  opposite  the  Route, 
tew  Canal ;  thence  along  the  Metairie  Ridge  to  Bayou 
5t.  John,  and  returning  the  same  way.  Double  tracks 
now  constructed  with  the  right  to  connect  this  line 
)ver  the  drawbridge  across  Bayou  St.  John,  at  the  foot 
)f  Esplanade  street,  with  the  tracks  of  the  Esplanade 
Ane,  and  to  operate  the  same  in  conjunction  with  that 
line. 

Acquired  by  contract  with  the  city  of  New  Orleans, 
)ctober  2, 1879. 

Esplanade  Street  Line. 

Art.  2282.  Starting  at  the  intersection  of  Canal  and    Route, 
M.  Charles  streets ; 

Thence  along  Canal  street  to  North  Rampart  street ; 

North  Rampart  street  from  Canal  street  to  Esplanade 
street ; 

On  Esplanade  street  to  Bayou  St.  John ; 

Thence  along  the  said  Bayou  St.  John  around  to  the 
station,  as  now  operated,  and  returning  the  same  way. 

Double  tracks  as  now  constructed  on  '^  Neutral 
Grounds,"  running  through  said  streets. 

Acquired  by  contract  with  the  city  of  New  Orleans, 
October  2,  1879.     ' 

And  in  connection  with  this  line  is  given  the  right  to 
run  into  the  Fair  Grounds  from  the  intersection  of 
Esplanade  street  and  Grand  Route  St.  John,  through 
Encampment  street  to  the  Fair  Grounds,  and  from  the 
Fair  Grounds  through  Encampment  street  to  Maurepas 
street;  thence  on  Maurepas  street  from  Encampment 
street  to  Esplanade  street,  double  tracks  and  switches 


854  RAILROADS. 

both  ways,  so  that  the  cars  can  run  into  and  out  of  the 
Fair  Grounds  both  going  and  returning.  This  line  into 
the  Fair  Grounds  to  be  operated  at  the  discretion  of  the 
purchaser  or  assigns. 

Acquired  by  ordinances  from  the  city  of  New  Orleans, 
No.  7725,  Administration  Series,  and  No.  523,  Council 
Series. 

Esplanade  and  French  MarJcet  Line. 

Route.  Art.  2283.  Commencing  at  the  intersection  of  Canal 

and  Decatur  streets  along  Canal  street,  neutral  ground, 
to  North  Peters  street. 

Along  North  Peters  street  from  Canal  street  to  Es- 
planade street. 

Esplanade  street,  neutral  ground,  from  North  Peters 
street  to  Bayou  St,  John, 

And  returning  the  same  way,  using  the  tracks  of  the 
Esplanade  street  line,  from  the  intersection  of  North 
Rampart  and  Esplanade  streets,  together  with  the  right 
to  enter  the  Fair  Grounds  over  the  tracks  of  the  Es- 
planade street  line. 

On  Esplanade  street,  from  Chartres  street  to  Bourbon 
street,  the  purchaser  of  the  franchises,  or  assigns,  and 
the  St.  Charles  Street  Railroad  Company,  or  any  future 
purchaser  of  the  franchises  of  that  company,  shall  be 
compelled  to  use  the  same  tracks. 

Acquired  by  contract  with  the  city  of  New  Orleans  on 
October  2,  1879. 

Canal  Street  and  LaJie  Trains. 

Route,  Art.  2284,    The   privilege   to    maintain   and    operate 

street  railways  with  double  track  on  the  neutral  ground 
of  Canal  street,  from  the  intersection  of  St,  Charles 
street,  out  Canal  street  to  the  cemeteries  and  to  the 
present  terminus  at  the  New  Canal  and  back,  with  the 
right  to  construct  a  branch  line  beginning  on  the  neu- 
tral ground  of  Canal  street  at  Villere  street,  with  double 
track  through  Villere  street  to  Lafayette  avenue,  and 
through  Lafayette  avenue  to  connect  with  the  Rampart 
and  Dauphine  and  Levee  and  Barracks  lines. 


RAILROADS.  855 

And  the  privilege  on  the  said  Canal  street  and  tracks,  steam  route, 
as  now  nsed,  from  intersection  of  Carondelet  street 
(with  a  middle  track  as  now  constrncted  from  said  Ca- 
rondelet street  to  Robertson  street),  to  run  and  operate 
trains  of  cars  propelled  by  steam,  with  privilege,  should 
the  system  be  generally  adopted,  to  use  electric  power 
instead  of  steam. 

Acquired,  except  as  herein  extended  and  modified,  by 
contract  with  the  city  of  New  Orleans  of  date  October  2, 
1879,  July  1,  1879,  Ordinance  3316,  Administration 
Series,  and  541  Conncil  Series. 

The  whole  of  the  above  to  be  with  such  curves, 
switches,  turnouts  and  standing  tracks  at  thetermipi' 
on  Canal  street  and  elsewhere  as  the  company  may  re- 
quire, and  to  connect  any  of  the  above  tracks  through 
the  necessary  streets  with  car  sheds  now  established  or 
hereafter  located. 

And  as  part  of  the  foregoing  right  of  way,  franchises  connections, 
and  privileges  the  purchaser  shall  have  the  option  or 
privilege  to  connect  the  lines  of  road  below  Canal  street 
with  those  above  Canal  street  by  means  of  necessary 
tracks  across  and  through  Canal  street  with  such  switches 
and  turnouts  as  may  be  necessary,  to  be  constructed 
according  to  lines  and  levels  established  by  the  City 
Engineer. 

For  the  use  and  exercise  of  the  above-mentioned fran-  Additional 
chises  on  the  neutral  ground  of  Canal  street  the  pur- 
chaser or  assigns  shall  be  entitled  to  have  three  contin- 
uous tracks  thereon  from  St.  Charles  street  to  Magazine 
street,  and  four  tracks  thereon  from  Magazine  street  to 
Wells  street,  with  necessary  turnouts  and  cross-overs ; 
and  shall  be  compelled  to  adjust  any  rights  it  may  have 
in  this  regard  with  the  owners  of  the  Crescent  City  Kail- 
road  franchises,  and  with  the  purchaser  of  the  franchise 
under  Ordinance  No.  7036,  Council  Series. 

Terms,    Conditions  and  ISpecifications. 

Art.  2285.  (1)  The  bids  shall  be  in  current  money 
of  the   United    States,    payable    in  cash,  or  a  certified 


856 


RAILROADS. 


Assumption  scribed 

of  reversion. 


Qual 
to  bid. 


Contract  and 
bond. 


check  on  the  fiscal  agent  of  the  city,  on  the  signing  of 
the  notarial  contract  hereinafter  provided  for. 

Art.  2286.  (2)  Inasmuch  as  the  railroads  above  de- 
together  with  cars,  fixtures  and  other  appur- 
tenances, are  to  revert  to  the  city  at  the  expiration  of 
the  present  franchise,  at  an  appraised  value,  to  be  ascer- 
tained as  provided  in  said  contracts,  the  purchaser  or 
purchasers  of  the  extension  herein  provided  for  agrees 
to  assume  said  obligation  and  pay  the  price  that 
may  be  ascertained,  in  her  stead,  in  addition  to  the 
regular  bid.  Should  the  present  owner,  the  New  Or- 
leans City  &  Lake  Railroad  Company,  or  her  successors 
or  assigns,  become  again  the  purchaser  of  these  fran- 
chises, then  the  city  shall  be  relieved  of  the  obligation 
to  acquire  the  property,  subject  to  above  right  of  rever- 
sion and  the  ownership  of  said  New  Orleans  City  & 
Lake  Railroad  Company,  or  assignee,  shall  continue  un- 
interrupted. 

Art.  2287.  (3)  Every  bidder  for  the  purchase  of  said 
franchise,  shall,  as  a  condition  precedent  to  the  receiv- 
ing of  such  bid  by  the  City  Comptroller,  deposit  with  the 
City  Treasurer,  in  cash,  the  sum  of  one  hundred  thou- 
sand dollars  ($100,000),  and  shall,  atthetimeof  bidding, 
file  receipt  therefor,  with  the  City  Comptroller,  showing 
that  he  has  made  such  deposit.  The  deposits  of  all  un- 
successful bidders  shall  be  immediately  returned  to 
them ;  that  of  the  highest  bidder  shall  be  held  as  se- 
curity that  he  will  sign  the  contract  in  case  his  bid  is 
accepted  by  the  City  Council  and  pay  the  amount  of  his 
bid ;  and  in  case  of  the  failure  of  the  successful  bidder 
to  sign  the  said  contract  and  pay  the  amount  of  his  bid, 
the  said  one  hundred  thousand  dollars  ($100,000)  shall 
be  forfeited  to  the  city  as  liquidated  damages. 

Art.  2288.  (4)  The  successful  bidder  shall  be  re- 
quired within  twenty  days  of  the  acceptance  of  his  bid 
by  the  City  Council  to  enter  into  notarial  contract  be- 
fore the  City  Notary,  with  the  city  of  New  Orleans,  em- 
bodying all  the  terms  and  stipulations  of  this  ordinance, 
and  shall  be  required  at  the  time  said  contract  is  signed 
to  give  to  the  city  of  New  Orleans  a  bond  with  sureties 


RAILROADS.  857 

satisfactory  to  the  Mayor  in  the  full  sum  of  one  hundred  ^ 

thousand  dollars  ($100,000),  conditioned  for  the  faith- 
ful performance  of  the  terms  of  his  contract. 

Art.  2289.  (5)  The  motive  power  shall  be  the  single m°"^«  p°^"' 
trolley  system  of  electricity,  or  any  other  improved 
system  of  rapid  transit,  except  steam,  that  may  be  here- 
after approved  by  the  Council.  Steam  dummies  may 
be  used  on  Canal  street,  from  Carondelet  to  West  End. 
Motor  cars  may  haul  one  or  more  trailers.  Cars  shall 
not  be  compelled  to  stop  except  on  the  further  sides  of 
the  crossings,  and  they  shall  not  wait  for  passengers 
who  are  not  at  crossings  ready  to  enter. 

Art.  2290.  (6)  All  of  the  above  lines  of  railroad  Reconstruc- 
shall,  on  neutral  ground  spaces  be  constructed  with  T 
girder  or  rail,  and  on  paved  or  unpaved  streets  with  other 
improved  form  of  rail,  laid  on  red  cypress  or  oak  ties, 
sound  and  free  from  sap,  not  less  than  jSve  inches  by 
eight  inches  by  seven  feet  and  not  over  three  feet  be- 
tween centres,  so  as  to  make  said  lines  of  road  flrst- 
.class  in  every  respect.  All  pavements  taken  up  for  con- 
struction purposes  on  paved  streets  shall  be  relaid  in 
same  good  order  and  condition  as  they  were  before. 

Art.  2291.  (7)  Cars  shall  be  of  the  latest  improved    cars, 
pattern  and  finish,  and  shall  at  all   times  be  kept  clean 
and  neat  and  in  good  condition,  and  shall    be   provided 
with  ventilators  on  the  roof. 

Art.  2292.  (8)  All  poles  shall  be  of  iron  or  of  wood    Poles, 
of  neat  design,  to  be  approved   by  the   City   Engineer, 
strongly  and  firmly  set.      They  shall  be  painted,  and  kept 
painted,  and  shall  be  located  by  the  City  Engineer. 

Art.  2293.  (9)  All  wires  shall  be  lightly  strung  and    vvires. 
fastened,  and,  except  trolley  wires,  well  insulated. 

Art.  2294.   (10)  Cars  shall  be  run  as  of  ten  as  the  pur-    Time, 
chaser  may  deem  proper,  and   not   at   greater   intervals 
than  one  every  ten   minutes  from   daylight  to  10  p.  m., 
to  midnight,  and  one  every  hour  thereafter. 

Art.  2295.  (11)  The  fare  shall  be  five  cents  for  a  con-    pares, 
tinuous  ride  of  any  distance  between  termini  in  one  direc- 
tion except  from  12  o'clock  midnight  to  5  o'clock  a.  m., 
during  which  time  the  fare  shall  be  ten  cents. 


RAILROADS. 


Railroad  cross 
ings. 


Speed. 
Amended   bv 


Ord. 
C.  S. 


Care  of  streets.  Art.  2296.  (12)  The  purchaser  Or  his  assigns  shall, 
during  the  continuance  of  these  franchises,  keep  in  good 
order  and  repair  all  streets  through  which  these  lines  run 
between  the  rails  antt  for  one  foot  on  each  side  of  said 
rails. 

Art.  2297.   (13)  At  points  where  these  tracks  cross 
other  tramways  or  steam  railroad  tracks  crossings  shall  be 
constructed  in  such  manner  as  .to  form  a  continuous  rail 
for  each  rail  of  each  track.     Plans  of  such  crossings 
shall  be  submitted  to  and  approved  by  the  City  Engineer, 
and  the  cost  and  maintenance  thereof  shall  be  governed 
by  the  provisions  of  Ordinance  No.  6547,  Council  Series. 
Art.  2298.  (14)  The  speed  of  cars   shall  not   exceed 
No.  8326,  twelve  miles  per   hour,  except   on  the  Canal  Street   & 
Lake  Line,  where  it  may  be  twenty  miles  an  hour,  from 
Claiborne  street  to  the  cemeteries. 
Purchase  by     Art.  2299.  (15)  In  casc  the  extension  of  these  fran- 

Ihe    New  Or-  ^        ' 

leans  City  and  chiscs  herein  provided  for  is  purchased  by  the  New  Or- 

Lake  Railroad  ,  ^.  „    t     ,         t^    .,  -,     r-.  •  •  t 

Company.  Icaus  Citj  &  Lake  Railroad  Company,  or  is  assigned  to 
said  company  by  the  purchaser,  it  shall  be  obligated  im- 
mediately and  with  all  due  diligence  to  construct,  re- 
construct, re-equip  and  operate  all  the  above  lines  of 
railroad  in  accordance  with  the  above  specifications, 
modifications  and  additions.  Such  work  of  construction 
and  reconstruction  shall  begin  within  ninety  days  after 
the  signing  of  the  contract  with  the  city,  or  the  assign- 
ment thereof  by  the  purchaser,  and  shall  be  completed 
as  soon  as  practicable.  If  said  company  is  not  the  pur- 
chaser, or  does  not  become  the  assignee  of  the  purchaser, 
then  such  purchaser  shall  not  be  compelled  to  begin 
such  work  until  within  ninety  days  from  expiration  of 
present  franchises,  and  shall  complete  the  same  as  soon 
as  practicable. 
Reversion  of     Art.  2300.  (16)  At  the  cxpiratiou  of   the  aforesaid 

property.  franchiscs,  to-wit.,  on  the  1st  day  of  January,  1956,  the 
said  railroad  tracks,  rolling  stock,  equipment,  fixtures 
and  depots  shall  revert  to  the  city  of  New  Orleans  on  a 
valuation  to  be  ascertained  by  two  disinterested  persons, 
one  to  be  appointed  by  the  city  of  New  Orleans  and  the 
other  by  the  purchaser  or  his  assigns ;  and  in  the  event- 


RAILROADS.  859 

of  the  disao^reement  between  said  persons  thus  appoint  ed 
as  to  said  valuation,  a  third  person  or  umpire  shall  be 
appointed  by  the  Civil  District  Court  or  its  lawful  suc- 
cessor, and  the  decision  of  said  umpire  shall  be  final. 

Art.  2301.  (17)  The  purchaser  of  said  franchises  shall    Right  to  as- 
have  the  right  to  assign   and   convey   the   same   to  any 
person  or  corporation  competent   to   hold   and  exercise 
the  same. 

Art.  2302.  That  the  plan  showing  the  arrangement  of    Approving 
tracks  of  New  Orleans  City  &   Lake  Railroad  tracks  on  tracks. 

Ord.  No.  771S, 

Metairie  road  and  neutral  ground   from  Canal  street  to  c.  s. 
New  Basin  as  submitted  by   the   City   Engineer  be  and 
the  same  are  hereby  approved. 

Art.  2303.  That  the  bid  of  Henry  Bier  for  the  exten-    Acceptingbid 

Ision  of  the  franchises  of  the  New  Orleans  City  &  Lake  °ord.  n 0.8104, 
Railroad  Company  for  a  period  of  fifty   years  from  the   "oct.  3, 1893- 
e: 


expiration  of  the  present  franchises  of  said  New 
Orleans  City  &  Lake  Railroad  Company,  for  the  right 
f  way  for  street  railroad  purposes,  over  certain  streets 
specified  in  Ordinance  No.  7575,  C.  S.,  and  in  accordance 
with  terms  and  specifications  contained  in  said  Ordinance 
No.  7575,  C.  S.,  for  the  sum  of  seven  hundred  thousand 
dollars  ($700,000),  be  and  the  same  is  hereby  accepted, 
and  that  the  Mayor  be  and  is  hereby  directed  and  author- 
ized to  enter  into  notarial  contract  with  the  said  Henry 
Bier  in  accordance  therewith,  as  per  his  bid  of  Septem- 
ber 5,  1893. 

Art.  2304.  That  the  seven  hundred  thousand  dollars  Drainage, 
bonus  to  be  paid  by  the  purchasers  of  the  franchise  of 
the  New  Orleans  City  &  Lake  Railroad  Company  be 
and  the  same  is  hereby  appropriated  and  set  apart  as  a 
special  fund  for  the  purpose  of  inaugurating  and  se- 
curing an  improved  system  of  drainage  and  permanent 
public  improvements  for  the  city  of  New  Orleans. 

Art.  2305.  That  the  Comptroller  and  City  Treasurer    Permanent 
be  and  they  are  hereby  instructed  to  open  a  special  ac-  anTpefman"ent 
count,  to  be  called  the   permanent  drainage  fund   and  pund?"^^  m  e  n  t 
permanent  improvement  fund,  and  to  place  the  aforesaid 
sum  of  seven  hundred  thousand  dollars  to  the  credit  of 
said  account  as  soon  as  the  purchase  price  of  said  fran- 
chise is  paid  to  the  city  of  New  Orleans. 


860 


RAILROADS. 


To  plank  outer     Art.  2306.  That  tliG  New  Orleans  City  and  Lake  Rail- 

Ord.°No.'^6674,  road  Company  be  and   they   are   hereby   instructed  to 

Sept.  6,  1893.  place  a  twelve-inch  plank  on  the  outer  edge  of  rails  on 

Laurel  and  Constance  streets,  from  Louisiana  avenue  to 

Audubon  Park,  Camp  to  Calliope  streets. 


Sale  of  privi- 
lege. 
O.  S.  6323, 
Aug.,  1865. 


Speed. 


Terms  and  con 
ditions. 


CRESCENT   CITY   RAILROAD. 

Art.  2307.  (1)  That  the  Comptroller  be  and  he  is  here- 
by authorized  and  instructed  to  advertise  that  sealed  pro- 
posals will  be  received  (endorsed  '* Proposals  for  City 
Railway" )  at  his  office  until  Friday,  the  15th  day  of 
September,  1865,  at  12  m.,  for  the  purchase  of  the  right 
of  way  for  a  double  track  railway  through  New  Levee 
street,  from  its  intersection  with  Canal  street,  to  Tole- 
dano  street — the  upper  limit  of  the  city — upon  the  fol- 
lowing conditions,  to- wit: 

(a)  The  rails  used  in  the  construction  of  the  road  to 
be  of  the  same  pattern  as  those  now  in  use  by  the  City 
Railroad  Company,  and  the  lumber  to  be  of  the  same 
quality  of  yellow  pine  or  cypress,  free  from  sap,  and  of 
the  sizes  to  be  designated  by  the  City  Surveyor. 

(&)  The  cars  to  be  of  the  most  approved  pattern,  and 
to  seat,  if  a  single  car,  nine  persons  on  each  side ;  if  a 
double  car,  twelve  persons  on  each  side. 

(c)  The  cars  to  be  run  at  intervals  not  greater  than 
five  minutes  from  daylight  to  10  p.  M.,  and  every  twenty 
minutes  from  10  P.  M.  till  midnight. 

(fZ)  The  rate  of  speed  of  the  cars  not  to  exceed  six 
miles  per  hour.  Each  car  to  have  a  prominent  light  on 
the  front,  and  a  bell  on  the  horse  or  mule.  Each  car  to 
be  closed  by  a  railing  in  front,  to  prevent  exit  or  en- 
trance except  from  the  rear. 

(e)  The  rate  of  fare  from  Canal  street  to  Toledano 
street,  or  for  intermediate  distances,  up  or  down,  to  be 
five  cents  for  each  passen^r. 

(/)  The  right  of  way  to  be  sold  for  twenty  years 
from  the  date  of  the  signing  of  the  contract.  On  the 
expiration  of  the  lease,  the  road,  rolling  stock,  equip- 
ments, depots,  and  fixtures,  to  be  taken  by  the  city  at 
an  appraised  value.     The   city   and   company   each   to 


RAILROADS.  861 

appoint  a  disinterested  person  to  assess  the  value ;  and, 
in  the  event  of  a  disagreement,  one  of  the  district  courts 
to  appoint  a  third  party,  whose  decision  shall  be  final. 

(^)  The  streets  through  which  the  road  is  built  to  be    streets, 
kept  in  good  repair  during  the  continuance  of  the  lease, 
at  the  expense  of  the  contractor. 

(/?)  The  city  of  New  Orleans  not  to  be  responsible    city  not  re- 
for  any  work  or  materials  furnished  for  the  road  ;  and  ^p°"®* 
every  outlay  and  expense  thereon,  either  for  construc- 
tion, operation  or  maintenance,  to  be  borne  by  the  con- 
tractor. 

Art.  2308.  (2)  That  the  proposals  shall  state  the  rate  Bonus, 
allowed  the  city  of  New  Orleans  for  each  passenger  car- 
ried as  a  bonus  for  the  privileges  given ;  and  the  con- 
tractor, or  his  duly  authorized  agent,  shall  be  required 
to  make,  under  oath,  monthly  returns  to  the  City  Comp- 
troller, giving  the  number  of  passengers  carried  during 
the  month,  the  amount  received,  and  the  portion  due  the 
city,  which  amount  shall  be  paid  into  the  city  treasury  at 
the  time  the  return  is  made. 

Art.  2309.  (3)  That  for  and  in  consideration  of  the    Exempt  from 

^     '  taxation. 

bonus  aforesaid  the  contractor  shall  be  exempted  from 
all  city  taxation   upon  the   value  of  the   track,  rolling 
stock,  equipments  and  depots. 
Art.  2310.  (1)  That  the  Mayor  of  the  citv  of  New  Or-    Right  of  way. 

^     ^  ''  "  Ob.  6345. 

leans  be  and  he  is  hereby  authorized  and  empowered  to  Aug.,  1865. 
enter  into  a  contract,  by  notarial  act  or  otherwise,  with 
David  McCoard  "  for  the  sale  of  the  right  of  way  to  es- 
tablish a  railroad  on  New  Levee  street,  from  Canal  street 
to  Toledano  street,  in  accordance  with  the  terms  and 
conditions  of  City  Ordinance  No.  6323,  0.  S.,  and  the 
specifications  on  file  in  the  office  of  the  City  Surveyor, 
at  a  bonus  of  nine-sixteenths  of  one  cent  for  each  and 
every  passenger  carried. 

Art.  2311.  (1)  That  a  single   track   of   said  railway    change  of 
instead  of  a  double  track   be  laid   upon   Tchoupitoulas  *^°o.^s.  6364. 
street  and  New   Levee   street  respectively,  from  Canal    ^"''•'^s. 
street  to  the  junction  of  said  streets  at  St.  Mary  street ; 
thence  a  double  track  on  New  Levee  street  to  Toledano 
street. 


862  RAILROADS. 


of^wa^to^D!     ^RT.  2312.   (1)  That  on  this  26th  of  February,  1866, 

^oS*No.  682  t^^fore  me,  Thomas  J.  Beck,  notary,   personally  came 

f'irs'iin!  °^  ^^^'  ^"^  appeared,  John  T.  Michel,  Mayor  of  the  city  of  Jef- 
ferson, who  declared  that  he  does  by  these  presents  grant 
and  confirm  unto  David  McCoard,  here  present  and  ac- 
cepting the  same,  the  right  of  way  to  make,  establish 
and  put  in  operation,  a  double  track  railroad  from  Tole- 
dano  street  to  Joseph  street  (the  boundaries  of  the  said 
city  of  Jefferson),  in  accordance  with  the  terms  and  con- 
ditions of  City  Ordinance  No.  682,  and  the  specifications 
on  file  in  the  office  of  the  Surveyor  of  the  said  city  of 
Route.  Jefferson  and  hereinafter  set  forth,  at  a  bonus  of  $250,  the 

said  contractor  hereby  binding  himself  to  build,  equip 
and  put  in  operation,  a  double  track  street  railway,  com- 
mencing at  Toledano  street,  at  its  junction  with  Tchoupi- 
toulas  street,  through  the  middle  thereof,  from  said 
Toledano  street  (the  lower  line  of  Jefferson  City),  to 
Joseph  street  (the  upper  line  of  said  Jefferson  City), 
within  the  time  hereinafter  specified,  and  according  to 
the  conditions  contained  in  said  City  Ordinance  No.  682, 
as  follows,  to-wit : 

^s^rucHon.*^°"  (tt)  That  the  same  be  constructed  as  to  roadway  cars, 
and  in  all  other  respects  as  required  by  the  city  of  New 
Orleans,  for  its  city  railroads ;  the  contractor  or  con- 
tractors to  put  and  keep  in  good  repair,  by  square  stone 
paving  or  wood,  between  the  rails,  and  by  shells  or  bal- 
last for  three  feet  on  each  side  of  the  track,  with  gradual 
slope  to  the  gutter ;  the  work  to  be  done  under  the  su- 
pervision of  the  City  Surveyor. 

Running  time.      (^)  The  cars  to  bc  ruu  at  intervals  not  greater  than 

every  ten  minutes  from  daylight  until  9  o'clock  p.  m., 

and  every  thirty  minutes   from  9  o'clock   p.  m.   to  11 

^^''^*  •         o'clock  p.  M.,  and  the  fare  for  any  distance  up  or  down 

not  to  exceed  five  cents  to  each  passenger. 

Term  of  grant.  (^)  Thc  right  of  way  to  be  sold  for  twenty  years  from 
date  of  the  signing  of  the  contract,  and  on  the  expira- 
tion or  forfeiture  of  the  right  of  way  all  the  property 
pertaining  to  the  road  to  be  taken  by  the  city  at  an 
appraised  value  by  appraisers  appointed  by  the  parties 

vere^n!  °*  ''^'  ju  iutcrest,  and  in  case  of  their  disagreement  an  umpire 


RAILROADS. 


863 


to  be  appointed  by  the  judge  of  the  district  court,  whose 
decision  shall  be  final. 

(<l)  The  bid  to  be  for  so  much  cash  to  be  paid —  Bonus, 
one-half  at  the  time  of  the  sale  and  the  other  half  on  the 
signing  of  the  contract  for  the  right  of  way — the  pur- 
chaser to  furnish  good  bond  and  solvent  security  in  the 
sum  of  twenty  thousand  dollars,  for  the  faithful  per- 
formance of  his  contract,  and  in  the  case  of  failure  to 
comply  with  its  particulars,  the  franchise  shall  revert  to 
the  city,  and  the  property  of  the  road,  at  the  time,  shall 
be  taken  by  the  city,  as  provided  in  the  fourth  paragraph 
of  this  ordinance. 

Art.  2313.  (2)  And  here  the  said  David  McCoard  Adjudication. 
did  produce  and  pay  over  to  the  said  Mayor  the  sum  of 
one  hundred  and  twenty-five  dollars,  said  sum  being  the 
balance  due  to  the  said  city  of  Jefferson,  on  the  bonus 
given  by  the  said  McCoard,  for  the  right  of  way  afore- 
said adjudicated  to  him  as  the  last  and  highest  bidder 
therefor,  on  the  3d  of  February,  1866  ,•  the  said  Mayor 
Michel  hereby  acknowledging  the  receipt  of  the  said 
bonus,  for  account  of  said  city  of  Jefferson.  The  road 
to  be  built  according  to  the  following  terms  and  speci- 
fications. 

(rt)  The  track  shall  have  a  gauge  of  five  feet  two  and  Track, 
five-eighths  inches,  and  shall  be  composed  of  wrought 
iron  rails,  cypress  cross-ties,  four  feet  apart,  and  string 
timber  four  by  nine,  and  shall  be  laid  so  as  to  conform 
to  the  lines  and  grades  to  be  established  by  the  City 
Surveyor  of  Jefferson. 

(b)  The  earth  shall  be   excavated   to  a  width  of  not    Grading, 
less  than  fifteen   feet,   and  to  such  a  depth  as  may  be 
necessary   to  imbed   the  crossties  at  the  proper  level. 

The  original  soil  between,  and  level  with  the  top  of  the 
crossties,  to  remain  undisturbed,  excepting  that  it  shall 
be  well  rammed,  the  space  left,  after  the  earth  has  been 
rammed  from  the  top  of  the  crossties,  to  be  filled  with 
river  sand.  When  filling,  the  earth  shall  be  rammed  or 
rolled  in  layers  not  to  exceed  six  inches  in  depth. 

(c)  The   earth   around  the   crossties   and  under   the    Tamping, 
string  timbers  between   the   crossties,  and  also  on   the 


864 


RAILROADS. 


outside  of  the  string  timber,  after  the  street  has  been  re- 
graded,  shall  be  well  taraped. 

crossties.  ((^)  The   crossties  shall  be  of  cypress,  either  hewed 

or  sawed,  to  be  six  and  seven  inches  thick. 
string  timber.  (g)  The  String  timbcrs  shall  be  of  cypress,  four 
by  nine  inches,  and  shall  be  secured  to  the  crossties  by 
keys.  The  crossties  to  be  slotted  or  cut  so  as  each 
stringer  shall  drop  into  the  crossties  the  depth  of  two 
inches.  The  slit  being  cut  seven  inches  wide  at  one  side 
of  the  tie  by  six  and  three-fourths  inches  on  the  other 
side,  the  keys  to  be  so  made  as  when  driven  they  will 
drive  the  string  timbers  upon  their  outer  edges  firmly 
against  the  side  of  the  slits,  the  slits  being  so  cut  as 
when  the  timbers  are  firmly  keyed,  their  outer  edges 
will  be  to  a  gauge  of  five  feet  six  and  five-eighths  inches 
at  the  joints ;  each  string  shall  have  an  equal  bearing 
upon  the  crossties,  and  the  ends  shall  have  a  perfect 
bearing  against  each  other,  and  the  string  timbers  on 
both  sides  of  the  track  shall  not  form  joints  upon  the 
same  crossties,  but  shall  break  joints  upon  every  sixth, 
eighth  or  tenth  tie,  as  the  length  of  the  timber  may 
determine.  After  the  timbers  have  been  firmly  keyed 
there  shall  be  cast-iron  knee  braces  spiked  to  each  joint 
and  to  the  centre  of  each  stringer. 

Rails.  (y)  The  rails  shall  be  four  inch  flat,  not  less  than 

thirty-three  pounds  to  the  yard,  the  same  pattern  as 
used  by  the  New  Orleans  City  Railroad.  The  bottom 
groove  of  the  rail  shall  have  a  perfectly  solid  bearing 
upon  the  string  timber;  the  rail  to  be  secured  by 
wrought  iron  belts,  and  spikes  to  be  driven  for  every 
hole  in  the  rail;  before  the  spikes  shall  be  driven,  the 
rails  shall  be  firmly  pressed  to  a  solid  bearing  upon  the 
timber.  The  rails  shall  not  form  joints  over  the  joints 
of  the  string  timber. 

Curves.  (S')  "^^^  curvcs,  whencvcr  they  occur,  shall  be  made 

by  the  string  timbers  being  sawed  off  the  right  curv- 
ature and  cast-iron  >ails  substituted  for  the  wrought, 
the  cast  iron  being  made  of  the  right  curve. 

Bridges.  (/j)  At  the  bridges  the  string   timber   must  be  cut  so 

to   allow   full   passage   for   the   water.      Two  crossties 


RAILROADS.  865 

placed  as  close  together  as  possible,  and  immediately 
alongside  the  bridges,  and  as  the  top  is  wood  the  rail 
must  be  let  down  in  the  wood,  so  that  the  head  of  the 
rail  and  the  bridge  shall  correspond. 

(i)  The   space   between   the  rails  of   the  whole  track    Framework, 
shall  be  paved  with  square  stones  as  far  as  Levee  street 
is  now  paved   with   said   material.     The  balance  of  the 
tr&ck   can   be  paved   or   laid  with  wood  in   the   usual 
manner. 

(j)  The  street  shall    be   shelled  or  laid  with  ballast    Grading  and 
stone,  three  feet  on  each  side  of  the   track,  the  same  to®^^^''"^- 
be  raised  to  a  level  with  the  track,  with  gradual  slope  to 
the  gutter. 

(A)  The  paving,  tramwork,  bridges  and  shelling  shall 
be  kept  in  good  repair  during  the  stipulated  time  of  the 
contract. 

Art.  2314.  (1)  That  the  right  of  way  be  and  is  hereby    Rightofway. 
granted  to  the  Crescent  City  Railroad  Company  to  lay    ^ep1'.,^i8*/s. 
a  single  or  double  track  through  the  following  streets, 
viz. :    From   Joseph    street   up   Tchoupitoulas,  or  New 
Levee,  to  Henry  Clay  avenue,  out  Henry  Clay  avenue 
to  Magazine  street,  up  Magazine  street  across   Foucher    '^""'^ 
or  Park  property   to  Foucher  street,  up  Foucher  street 
to  Broadway,  out  Broadway  to  Oliver  street,  up  Oliver 
street  to  Levee,  thence  up   Levee  street  to  its  intersec- 
tion with  Jefferson  street  in   the   Seventh  District,  or 
Carrollton,     The  route  from  the  intersection  of  Eliza- 
beth street  and  Broadway,  around  through  Oliver  street 
to  its  intersection  with  Levee  street,  shall  be  a  single    conditional 
track,  and  a  single  track  also  from  the  same  first  before-  SuJ  Park'!**"^'' 
mentioned    intersection    up    Elizabeth    street   through 
Levee  street  to  its  intersection  with  Millaudon  and  Oli- 
ver.    The  route  through  the  City  Park  or  Foucher  prop- 
erty is  granted  conditionally   that   the  Park  Commis- 
sioners relinquish  the  right  of  way,  and  it  is  understood 
that  the  city  shall  not  be  required  to  expropriate  the 
same  or  enter  into  any   obligation   whatsoever  to  guar- 
antee the  route  through  said  park. 

In  case  the  railroad  company  can  not  make  the  neces-  Alternate  route 
sary  arrangements  to  obtain  the  right  of  way  through 


866  RAILROADS. 

said  park,  as  herein  provided,  then  the  company  shall 
be  allowed  to  locate  their  route  up  Tchoupitoulas  or  New- 
Levee  street  from  Henry  Clay  avenue  to  Broadway, 
thence  by  the  route  previously  designated ;  provided, 
however,  that  any  grant  hereby  made   for  the  right  of 

to^h*ange"^^^*^'^^y  ^^^^  ^*^*  ^^^  ^^^^^  ^^^  -come  in  conflict  with  any 
grant  previously  made  to  any  other  railroad  company 
which  may  now  be  in  force.  If  before  the  expiration  ht 
the  charter  as  herein  provided,  the  purposes  of  the 
steamboat  and  shipping  commerce  in  the  Sixth  or  Seventh 
Districts  demand  it,  then  the  railroad  company  may  be 
compelled  by  an  ordinance  of  the  City  Council  to  change 
their  track,  or  tracks,  at  the  expense  of  the  said  com- 
pany to  meet  the  new  requirements  of  said  commerce. 
Single  track.  In  casc  the  Crescent  City  Railroad  Company  shall  so 
elect,  it  shall  have  the  right  to  lay  a  single  track,  with 
suitable  turnouts,  in  lieu  of  the  double  track,  from 
Joseph  street  to  the  terminus  before  mentioned  in  the 
Seventh  District  of  Carrollton. 

Motive  power.  Art.  2315.  (2)  That  the  Cresceut  City  Railroad  Com- 
pany shall  be  allowed  to  use  a  new  motive  power,  known 
as  dummies,  for  their  regular  traffic  between  Jackson 
street  and  the  upper  terminus  at  Carrollton,  and  on  Sun- 
days also  between  Jackson  street  and  the  lower  terminus 
at  Canal  street.  The  dummies  to  be  used  shall  be 
fireless  engine. 

Running  of  It  is  uuderstood  that  in  case  the  running  of  dummies 
ummies.  fj-om  Jacksou  to  Caual  street,  as  herein  allowed,  proves 
to  be  not  objectionable,  then  the  Council  will  grant  the 
right  to  use  them  over  that  route  on  holidays  and  dur- 
ing the  summer  months.  But  the  Council  specially  re- 
serves the  right  to  revoke  the  privilege  of  running  said 
dummies  between  Jackson  and  Canal  streets,  even  on 
Sundays,  if  it  should  be  deemed,  after  satisfactory  inves- 
tigation, to  be  detrimental  to  the  public  interest,  and 
after  due  notification  to  the  Crescent  City  Railroad  Com- 
pany. 
Speed.  Art.  2316.  (4)  That  the  rate  of  speed  of  the  dum- 

mies shall  not  exceed  eight  miles  an  hour,  between 
Jackson  street  and  the  upper  terminus  at  Carrollton,  and 


RAILROADS.  867 

shall  not  exceed  five  miles  per  hour  betweeu  Jackson 
street  and  the  lower  terminus  at  Canal  street.  Each 
dummy  shall  be  supplied  with  a  suitable  bell,  which 
must  be  rung  before  approaching  all  crossings  of  streets 
on  the  route  from  Jackson  to  Canal  street,  and  also  at 
any  other  points  be'tween  Jackson  street  and  the  upper 
terminus  at  Carrollton,  where  the  Mayor  of  the  city 
may  direct,  the  Council  reserving  the  right  to  modify 
the  rate  of  speed  if  deemed  necessary. 

Art.  2317.   (5)  That  the  rails  used  in  the  construction    Rails 
of  the  road  shall  be  of  the  latest  and  most  improved 
pattern,    and    such   as   shall   be  approved  by  the   City 
Council. 

Art.  2318.  (6)  That  the   streets  through  which  the,  streets  to  be 

^     '  ^  kept    in     good 

road  will  be  built  shall  be  kept  in  repair  from  curb  to  condition. 
curb  during  the  continuance  of  the  term  embraced 
in  this  charter  at  the  expense  of  said  Crescent  City 
Railroad  Company.  The  bridges  on  the  streets  between 
Louisiana  avenue  and  Canal  street  shall  be  kept  iii 
repair  by  the  city  of  New  Orleans,  and  all  bridges 
between  Louisiana  avenue  and  Carrollton  shall  be  kept 
in  repair  by  said  railroad  company ;  and  in  case  of  their 
failure  to  perform  such  obligations  after  due  notification 
by  the  Department  of  Improvements,  said  repairs  shall 
be  made  by  the  city  at  the  expense  of  said  railroad 
company,  and  the  amount  so  expended  by  the  city  to  be 
recoverable  before  any  court  of  competent  jurisdiction. 
Art.  2319.   (7)  That  nothing  in  this  ordinance  or  in    city  not  re- 

'  "  sponsible. 

the  grant  of  right  of  way  or  other  rights,  or  in  the 
notarial  act  made  in  pursuance  of  this  ordinance,  shall 
be  construed  as  binding  the  city  of  New  Orleans,  or 
making  the  said  city,  directly  or  indirectly,  or  in 
warranty  for  any  claims  of  citizens  or  corporations  on 
account  of  said  ordinance,  grant  or  notarial  act,  or  any 
claims  for  infringement  of  rights,  or  damages  to  persons 
or  property  caused  by  the  grantees,  or  in  any  way  re- 
sulting from  the  construction  and  operations  of  said 
railroad  by  said  grantees,  nor  for  any  claims  for  dam- 
ages, losses  or  injury  sustained  by  the  said  grantees  or 
their  successors  or  assigns,  in  case  they  should  be  de- 


868  RAILROADS. 

prived  of  their  rights  or  be  interfered  with  in  the  exer- 
cise thereof  by  any  person  whatsoever,  save  it  be  the 
lawfully  constituted  authorities  of  the  city;  nor  shall 
the  said  city  be  liable  for  any  work  done  or  materials 
used  in  paving  or  repairing  said  streets  in  pursuance  of 
this  grant  or  under  the  direction  oJ  and  contract  with 
said  grantee. 
Term  of  lease.  Art.  2320.  (8)  That  the  Icasc  of  the  entire  lincs  shall 
be  extended  ten  years  beyond  the  time  fixed  for  the  ex- 
piration of  the  present  charter ;  but  on  and  after  the 
expiration  of  the  present  charter  the  company  shall  be 
subject  to  taxation.  In  consideration  of  the  extension 
of  the  road  herein  provided,  and  the  reduction   of   fare 

Capitation  tax, ,  .        „,  ^     ^        ,  „  ■    ■,     ■, 

hereinafter  provided,  the  tax  of  one-eighth  of  a  cent, 
present  capitation  on  passengers,  is  hereby  abolished, 
from  and  after  the  passage  of  this  ordinance ;  but  in 
case  of  failure  on  the  part  of  the  railroad  company  to 
fulfil  the  conditions  herein  imposed,  then  the  said  capi- 
tation tax  shall  continue  and  be  collectible  the  same  as 
if  these  stipulations  had  not  been  entered  into. 

Fare.  Art.  2321.  (9)  That  the  Crescent  City  Railroad  Com- 

pany shall  be  required,  and  it  does  hereby  stipulate  to 
fix  the  price  of  six  and  one-quarter  cents  each  for  the 
transportation  of  passengers  via  Tchoupitoulas  street, 
to  the  upper  terminus  in  Carrollton,  and  this  charge 
shall  be  continued  until  such  time  as  the  company  may 
be  enabled  to  pay  a  dividend  of  four  dollars  per  share 
on  its  stock,  after  which  time  the  fare  shall  be  reduced 
to  five  cents ;  the  par  value  of  said  stock  being  seventy- 
five  dollars  per  share. 

Right  of  re-  Art.  2322.  (10)  That  at  the  expiration  of  the 
charter,  as  herein  granted,  the  roadway,  rolling  stock, 
equipments,  depots  and  fixtures,  may  be  taken  and  paid 
for  by  the  city  at  an  appraised  value,  to  be  ascertained 
in  the  following  manner,  viz. :  Two  disinterested  per- 
sons, one  to  be  appointed  by  the  Mayor,  and  the  other 
by  said  railroad  company,  shall  fix  said  value,  and  in 
the  event  of  disagreement,  an  umpire  shall  be  selected 
by  said  two  appraisers,  whose  majority  decision  shall  be 
final ;  provided,  that  when  the  said  two  appraisers  fail 


RAILROADS.  869 

to  agree  upon  an  nmpire,  he  shall  he  selected  by  a  judge 
of  one  of  the  district  courts  of  the  parish  of  Orleans, 
which  judge  shall  be  selected  by  the  two  appraisers. 

Art.  2323.  (11)  That  whenever  it  shall  become  neces-    changes  to 
sary  to  lower  or  raise  the  grade,  or  change  the  railroad  ^  ""* 
of  the  said  road  or  any  part   thereof,    by   order   of  the 
City  Council,  such  change   shall  be  made   by   the   said 
company  without  delay,  and  at  the  cost  and  expense   of 
said  company. 

Art.  2324.  (12)  That  permission  is  hereby  granted  to  remove 
to  the  Crescent  City  Railroad  Company  to  remove  their 
track  from  Chippewa  street  to  Louisiana  avenue,  in  place 
of  Toledano'street,  between  Tchoupitoulas  and  Chippewa ; 
provided,  the  tracks  shall  be  removed  at  the  expense  of 
the  company  and  the  streets  be  placed  in  good  order. 

Art.    2325.     (13)    That  permission   is    also    hereby    Right  to  use: 
granted  to  the  Crescent  City  Railroad    Company  to   use"°"''*^° 
the  iron  frame  on  Canal  street,    between  Chartres  and 
('amp,  as  their  starting  place,  during  the  pleasure  of  the 
Council. 

Art.  2326.  (14)  That  the  city  of  New  Orleans  reserves-   Right  to  lay 
the  right   to   lay  gas   and  water  pipes    in  the   streets  p^'ipe"  *"*^  ^"^ 
named  as  the  route  of  this  railroad,  and  the  city,  in  exe- 
cuting said  work,  shall  use   as  much  of  said"  streets  as 
may  be  necessary  without  becoming  liable  therefor  to  the 
company,  or  any  person  or  persons  whomsoever. 

Art.  2327.  (15)  That  nothing  herein  granted  shall 
be  construed  as  modifying  or  changing  the  present 
charter,  except  in  cases  specially  provided  herein. 

Art.  2328.  (1 )  That  the  Crescent  City  Railroad  Com-  change  of  iron 
pany  be  allowed  to  substitute  what  is  known  as  the  a.'s.  3653 
Dean  &  Coleman  pattern  of  iron  for  the  extension  of 
their  road  to  C^arrollton  instead  of  the  T  rail  now 
prescribed  by  law ;  provided,  that  said  rail  shall  be  laid 
upon  a  string  piece  resting  upon  crossties,  and  in  such 
manner,  and  according  to  such  directions,  as  shall  be 
approved  by  the  City  Surveyor. 

Art.  2329.  (1)  That  in  consideration  of  the  Crescent 
City  Railroad  Company  doing  and  performing  the  acts 
and  obligations  hereinafter  set  forth,  to- wit :  paying  all 


J0S3. 
Oct.,  1876. 


870  RAILROADS. 

c  o  n  ditionai  taxes  to  the  city  of  New  Orleans  now  due,   and  waivina: 

extension  of  n       n       i     •  •  o 

time  of  com- any  and  all  claims  to  exemption  from  future  taxation 
Seventh  D  i  s  -  uudcr  their  prcscut  existing  ordinances  and  contracts  with 
A.'s.  49SI.  the  city  of  New  Orleans,  and  in  consideration  of  the  said 
Crescent  City  Railroad  Company  repairing  and  keeping 
in  repair  during  the  term  of  their  contracts  all  the 
bridges  and  streets  from  curb  to  curb  through  which 
their  lines  of  road  now  run  or  may  hereafter  run  under 
their  rights  of  way  acquired  by  contracts  with  the  city 
of  New  Orleans ;  and  in  the  further  consideration  that 
the  said  company  shall  continue  to  run  its  cars  to  the 
present  terminus,  the  Upper  City  Park,  as  at  present,  fare 
not  to  exceed  five  cents  each  way,  and  in  the  further 
consideration  of  said  company  completing  their  lines  of 
tracks  to  the  Seventh  District  of  this  city,  formerly  Car- 
rollton,  as  specified  in  Ordinance  No.  3243,  Administra- 
tion Series,  at  such  time  and  as  soon  as  the  number  of 
residents  along  the  lines  of  their  road  between  its  pres- 
ent terminus,  the  upper  city  park,  and  the  Seventh  Dis- 
trict of  this  city,  will  justify  the  cost  and  expense  of  ex- 
tension and  make  it  profitable  to  do  so ;  the  time  to  be 
determined  by  a  committee  of  arbitration,  consisting  of 
two  members,  to  be  selected  as  follows :  One  arbitrator 
to  be  selected  by  the  city  of  New  Orleans  upon  applica- 
tion of  the  residents  of  that  portion  of  the  city,  as  re- 
ferred to  above,  one  to  be  selected  by  the  Crescent  City 
Railroad  Company.  The  two  thus  selected,  in  case  of 
disagreement,  to  select  an  umpire,  whose  decision  shall 
be  final  and  binding  upon  both  parties.  The  City  Coun- 
cil of  the  city  of  New  Orleans  hereby  repeals  such  pro- 
visions of  Ordinance  No.  3243,  Administration  Series, 
as  fix  or  limit  the  time  for  the  completion  of  the  Cres- 
cent City  Railroad  Company's  lines  to  the  Seventh  Dis- 
trict of  this  city,  formerly  Carrollton,  and  that  portion 
of  said  Ordinance  No.  3243,  Administration  Series,  that 
contains  an  obligation  for  the  non-fulfilment  of  the 
conditions  therein  imposed. 
Partial  repeal.  Art.  2330.  (2)  That  all  othcr  provisions  of  said  Or- 
dinance No.  3243,  Administration  Series,  not  in  conflict 
with  the   provisions  of  this  ordinance,  shall  remain  in 


RAILROADS.  871 

full  force  and  effect,  and  that   nothing  herein    shall  be    other  provi- 
sions  oi   ordi- 

construed  as  modifyinsr  or  changing  the  present  char- nance  to  re- 

■^  ,  .  .    ,,      main  in  force. 

ter,  ordinances  and  contracts,  except  as  herein  specially 
provided. 

Art.  2331.  (4)  That  the  Crescent  City  Railroad  Com-  waiver, 
pany  hereby  waive  any  and  all  objections,  legal  or  other- 
wise, to  the  city  of  New  Orleans,  granting  by  ordinance 
the  right  of  way  to  any  other  railroad  to  the  Seventh 
District  of  the  city  of  New  Orleans,  formerly  Carroll- 
ton,  via  Magazine  street,  across  the  Foucher  Park  prop- 
erty to  Foucher  street,  up  Foucher  street  to 
Broadway,  out  Broadway  to  Oliver  street,  up 
Oliver  street  to  Levee,  to  its  intersection  with  Jef- 
ferson street,  in  the  Seventh  District  of  this  city,  for- 
merly CarroUton  ;  provided,  that  the  Crescent  City  Rail- 
road Company  has  not  completed  its  lines  as  stipulated 
in  section  1  of  this  ordinance,  at  the  time  such  permis- 
sion is  granted. 

TcJwupitoulas,    Annunciation,     Chippewa     and    Pleasant 

Streets. 

Art.  2332.  (1)  That  the  Mayor  of  the  city  be  and  he 
is  hereby  authorized  and  empowered  to  enter  into  con- 
tract, by  notarial  act  or  otherwise,  with.  David  McCoard,    s^ie.  of  right 


for  the  sale  of  the  right  of  way  to  establish  a  branch  cxs^ 
railroad  on  the  following  streets,  to-wit :  Starting  from  ^^^'' 
a  separate  stand  on  neutral  ground.  Canal  street,  at  the 
corner  of  Camp  street,  with  a  track  of  one  hundred  and 
fifty  feet,  more  or  less,  running  into  the  main  track  of 
the  New  Levee  street  road,  and  following  said  track  up  Ro^t 
Tchoupitoulas  street  to  the  junction  of  said  street  with 
Annunciation  street;  thence  up  Annunciation  street, 
passing  on  the  northwest  side  of  Annunciation  Square 
to  Pleasant  street ;  up  Pleasant  street  to  Chippewa  street ; 
down  Chippewa  street,  passing  on  the  southeast  side  of 
Annunciation  Square  to  Race  street ;  through  Race 
street  to  Annunciation  street ;  down  Annunciation  street 
to  Delord  street ;  up  Delord  street  to  New  Levee  street, 
and  there  connecting  with  the  down  track  of  the  New 
Levee  street  road.     Also  permission  to  lay  a  track  on 


872  RAILROADS. 

Philip  street,  from  Chippewa  street  to  Levee  street,  con- 
necting with  the  stables  on  Philip  street;  provided,  the 
same  be  constructed,  equipped  and  run  at  the  same  rate 
and  under  the  same  terms  and  conditions  as  laid  down 
in  City  Ordinance  No.  6323,   approved  August  7,  1865, 
with  the  following  exceptions,  to-wit :     The  work  to  be 
commenced  on  or  before  June  1, 1866,  and  to  be  finished 
and  the  cars  running  by  January  1,  1867;  the  iron  rail 
used    to     be     thirty-three  pounds    to  the    yard,     with 
proportionate  timber ;  the  cars  to  run  every  seven  min- 
utes, instead  of  five ;  and  the  bonus  to  be  nine-sixteenths 
of  one  cent  for  each  and  every  passenger  carried. 
Extension  and      Art.  2333.   (1)  That  pcrmissiou  be  and  the  same  is 
route?  ^^  °  hereby  granted  to  David  McCoard  to  extend  his  railroad 
jan.ii'ser.     on    Annunciation    and   Chippewa   streets   to   Toledano 
street  instead  of  Pleasant  street, 
stand  and  turn-     Art.  2334.   (1)  That  the  Crescent  City  Railroad  Com- 
N.s.'748.      pany  be   and   is   hereby  authorized    and    requested   to 
extend  its  road,  constructed  and  organized  by  virtue  of 
an  adjudication  made   to    David   McCoard,  under  ordi- 
nances numbered  6345  and  6364,  to  the  river  side  of  the 
intersection  of  Camp  and  Canal  streets,  and  to  establish 
a  stand  and  turntable  on  neutral  ground.  Canal  street, 
at  the  said  corner  of  Camp  and  Canal  streets. 
Reduction  of     Art.  2335.  (1)  That  the  bonus  now  paid  by  the  Cres- 
n"s.  1443.     cent  City  Railroad  Company,  and  by  the   St.  Charles 
ay,  1869.      street  Railroad  Company,  pursuant  to  their  contracts 
with  the  city  of  New  Orleans,  for  the  right  of  way  for 
their  several  tracks,  be  and  the  same  is  hereby  reduced 
to  one-eighth  of  one  cent  per  each  passenger  carried ; 
the  consideration  being  that  the  said  railroad  company 
do  now  abandon  their  rights  to  the  separate  tracks  now 
used  by  them  on  Canal  street,  and  shall,  within  a  rea- 
sonable time,  conform  to  the  plan  of  Louis  Surgi,  City 
Surveyor,  now  on  file  in  his  office,  for  a  trunk  railroad 
on  Canal  street. 

Camp,    Coliseum,   Chestnut,   Front   and    Calhoun   Streets. 

Right  of  way.     Art.  2336.   (1)  That  the  right  of  way  and  privilege 
July,' 1871'.      is  hereby  granted  to  Shelby  Seymour  and  his  associates 


RAILROADS. 


873 


of  constructing,  laying  out  and  working  a  street  rail- 
road, with  the  necessary  turnouts,  switches,  turntables, 
through  the  following  named  streets,  to- wit:  Commenc- 
ing at  the  junction  of  Camp  and  Prytania  streets  and 
passing  thence  a  single  track  along  the  west  side  of 
Camp  street  to  Coliseum  street,  along  Coliseum  street 
to  Felicity  street,  along  Felicity  street  to  Chestnut 
street,  along  Chestnut  street  to  the  street  forming  the 
lower  line  of  the  Foucher  property,  along  said  street  to 
the  Mississippi  river,  returning  along  Front  street  to 
Calhoun,  along  Calhoun  to  Camp,  and  thence  along 
Camp  to  the  point  of  starting  at  the  junction  of  Camp 
and  Prytania  streets ;  and  that  the  said  right  of  way  and 
privilege  is  granted  upon  the  following  terras  and  con- 
ditions : 

(a)  That  the  rails  used  shall  be  of  a  pattern  similar 
those  now  in  use  by  other  city  railroads.  The  timber 
ised  shall  be  of  the  best  quality  of  swamp  cypress  or 
ipland  yellow  pine,  free  from  sap,  and  of  such  dimen- 
jsions  as  may  be  designated  by  the  City  Surveyor. 

(&)  That  the  cars  shall  be  of  like  construction  with 
irst-class  cars  used  upon,  other  city  railroads. 

(c)  That  the  lines  and  levels  of  the  road  shall  be  fixed 
)y  the  City  Surveyor,  and  its  material  and  construction 
jfhall  be  subject  to  the  approval  of  the  City  Surveyor 
und  Administrator  of  Improvements. 

(d)  That  the  rate  of  fare  for  the  whole  distance  shall 
lot  exceed  5  cents  for  each  passenger,  and  the  cars  shall 
lot  be  run  at  a  speed  exceeding  six  miles  per  hour. 

(e)  That  the  railroad  cars,  mules,  machinery,  fixtures 
id   the  property  of  the  company  shall  be  subject   to 

issessment  and  taxation,  in  manner  and  form  as  other 

i:able  property  in  the  city  is  assessed. 

(/)  That  at  the  expiration  of  said  grant  of  right  of 

ray,  the  road,  the  rolling  stock,  equipments,  machinery, 

lepots,  fixtures  and  the  property  and  effects  appertain- 

ig  to  the  company  shall  be  subject  to  be  taken  by  the 

5ity,  at  a  valuation  to  be  fixed  by  two  disinterested  per- 

)ns,  one  to  be  appointed  by  the  Mayor  of  the  city,  and 

le  other  by  said  grantees  or  their  assigns.  In  the  event 


Lines    and 
levels. 


Speed. 


Right   of  re- 
version. 


874  RAILROADS. 

that  the  said  two  apprnisers  shall  not  agree,  then  another 
shall  be  selected  by  them,  whose  decision  as  umpire  shall 
be  final ;  and  in  the  event  of  a  failure  thus  to  appoint  an 
umpire,  the  valuation  shall  be  determined  by  one  of  the 
district  courts  of  New  Orleans  having  jurisdiction  over 
the  matter,  with  the  right  of  appeal  to  the  Supreme  Court 
of  the  State. 
Term  of  grant,  (q)  That  the  Said  railroad  shall  be  completed  and 
opened  for  public  use  by  the  1st  day  of  January,  1874, 
and  the  right  of  way  and  privileges  granted  herein  shall 
continue  twenty  years  from  and  after  the  opening  and 
completion  of  said  road, 
streets  to  be      (Ji)  That  the  Street  through  which  said  grant  extends, 

kept    in    good         ^     '  °  o  7 

condition.  as  Well  as  the  bridges  thereon,  shall  be  kept  in  good 
running  order,  during  the  term  of  this  privilege,  by  the 
company. 

Running  time.  (/)  That  in  ordcr  to  provide  for  an  accommodation  of 
the  people  of  the  Sixth  District,  not  heretofore  enjoyed, 
it  shall  be  the  duty  of  the  said  grantees,  upon  the  com- 
pletion of  said  railroad,  to  run  at  short  intervals  from 
5  o'clock  A.  M.  until  12  o'clock  at  night,  and  after 
that  hour  at  intervals  of  not  less  than  one  hour  each 
way  until  5  o'clock  a.  m.,  when  short  intervals  must 
be  resumed. 

Repairs  made      (  j)  That   whcnevcr   the   Administrator  of   Improve- 
by  city  at    ex-        ^'^  ^  .  ^     ^ 

p  e  n  s  e    of  mcuts  may  become  aware  that  said  grantees  have  failed 

grantees.  *'  " 

to  keep  any  street  in  repair,  according  to  the  provisions 
of  the  foregoing  articles,  the  said  Administrator  may 
issue  a  written  notice  to  them  at  their  domicile  requir- 
ing said  repairs  to  be  done,  and,  if  the  said  work  is  not 
begun  within  forty-eight  hours  from  the  service  and 
completed  within  a  reasonable  time,  then  said  Adminis- 
trator may  cause  said  work  to  be  done  at  the  charge  and 
risk  of  said  grantees,  who  shall  be  liable  for  all  costs 
>^  and  expenses  which  may  be  incurred  in  executing  said 

repairs,  and  shall  reimburse    the   same  to  the  city  on 
demand. 
Motive  powers.      (A')  That  the  sald  Shelby  Seymour,  his  associates  and 
assigns,  and  their  successors,  shall   have   the   right  of 
employing  and  using   in   the  running  of  their  cars  any 


RAILROADS.  875 

other  motive  power  instead  of  horses  and  mules,  which 
may  be  adopted  or  found  practicable  for  the  purpose, 
subject  however,  to  the  police  power  of  the  city  relative 
thereto. 

(I)  That  the  said  grantees  shall  agree  to  all  the  Pi'0-^^^°J*j^'g'^°°^^ 
visions  of  this  ordinance  within  sixty  days  after  its  ordinance, 
passage,  by  act  before  any  competent  notary  public,  or 
failing  therein,  this  ordinance  to  be  null  and  void ;  but 
nothing  in  the  provisions  of  this  ordinance  shall  be 
construed  into  an  obligation  on  the  part  of  said  grantees 
to  repair  said  streets  until  the  completion  of  said  rail- 
road. 

(m)  That  the  city  of  New  Orleans  reserves  the  right    Right  of  city 
to  lay  gas  and  water  pipes  in  the  streets  named  as  the  wate^^  ^ipesf " 
route  of  this  railroad,  and   the  said   city,  in  executing 
said  work,  shall  use  as  much  of  said  streets  as  may  be 
necessary,  without  becoming  liable  for  damages  or  other- 
wise to  said  grantees. 

(m)  This  ordinance  is  not  to  be  construed  as  granting  city  not  re- 
to  the  said  company  a,ny  more  than  the  right  of  way,  ^''°"^'°  ^' 
and  to  that  extent  only  is  the  city  to  be  bound  ;  and  if 
compensation  for  the  use  of  any  of  the  streets,  if  set  up 
by  private  individuals  or  owners  of  property,  the  city  is 
in  no  way  or  manner  to  be  made  liable  therefor  to  the 
lompany,  or  any  person  or  persons  whomsoever. 

Art.  2337.   (1)  That  a  continuation  of  the  right  of  way    continuation 
existing   in   favor  of   Shelby  Seymour  and  Charles  H.  ^^H^s^tZ'"^' 
Chase,  by  virtue  of  the  provisions  of  Ordinance  No.  992,    ^°'^"'  '^^'' 
is  hereby  granted  to  said   contractors  by  a  single  track 
connecting  with  the  route  on  Camp  street,  commencing    ^°"'^*- 
at  the  junction  of  Camp  and  Prytania  streets,  and  cross- 
ing Prytania  street,  running  thence  along  Calliope  to  St. 
Charles,  along  the  east  side  of  St.  Charles  to  Tivoli  Cir- 
cle, around  Tivoli  Circle  to  St.  Charles,  thence  along  the 
east  side  of  St.  Charles  to  the  trunk  road   on    Canal 
street,  along  said  trunk   road  to  the  common   turning 
point  near  the  levee,  and  returning  by  said  trunk  road 
to  Carondelet,  across  Canal    street  and  up  the  west  side 
of  Carondelet  to  Clio,  thence  along  Clio  to  the  intersec- 
tion of  the  route,  up  Coliseum  and  Chestnut  streets,  sub- 


876  RAILROADS. 

ject  to  all  the  conditions  and  regulations  existing  by 
virtue  of  the  provisions  of  said  Ordinance  No.  992,  and 
the  contracts  of  the  city  with  other  screet  railroads. 
Conditions  of  Art.  2338.  (2)  This  extension  is  granted  upon  the 
A.  s.  1222.  condition  that  said  contractors  or  their  assigns  shall  pay 
to  the  Administrator  of  Finance  in  the  city  of  New  Or- 
leans as  a  bonus  for  this  continuation  of  the  right  of 
way  the  sum  of  thirty  thousand  dollars ;  and  further, 
it  is  understood  the  railroad  Ordinance  No.  992,  so  con- 
tinued, is  still  liable  for  the  usual  taxation  therein 
named,  as  this  bonus  of  thirty  thousand  dollars  in  no 
way  exempts  it  therefrom. 

foucher  park,  market  street  to  carrolltox. 
Right  of  way     Art.  2339.  (1)  That  the  right  of  way  and   privilege 

through    Citv  ^^  *=  •'  f  r> 

Park  and  for  a  doublc  track  street  railroad  through  the  Foucher 
'  a.  s.  1 192.  Park  ground  and  Market  street,  in  Faubourg  Greenville 
to  the  lower  line  of  Carrollton,  is  hereby  granted  to 
Shelby  Seymour  and  his  assigns,  subject  to  the  same 
obligations  and  stipulations  as  exist  between  the  city 
and  the  said  Shelby  Seymour  and  his  assigns,  by  virtue 
of  the  provisions  of  Ordinance  992,  Administration 
Series,  and  subject  to  the  approval  of  this  grant  by  the 
Park  Commissioners. 

Magazine,  Broadway,  Felicia  and  Lowerline  Streets. 

Right  of  way.      Art.  2340.  (2)    That   permission  be  and  the  same  is 
A*pri'i,  1873.    hereby  granted  to  the  owners  of  the   Magazine  Street 
Railroad  to  lay  a  double  track  railroad,  with  the  neces- 
sary turnouts,  switches  and  turntables,  at  the  intersec- 
tion of  Magazine  street  and  Broadway ;  down  Broadway 
lb.  to  the  intersection  of  Felicia  street,  up  Felicia  street  to 
the  intersection  of  Lowerline  street,  up  Lowerline  street 
to  the  intersection  of  Macarty  street,  in  the  city  of  Car- 
rollton, upon  the  following  terms  and  conditions : 
Rails.  (a)  That  the  rails  used  shall  be  of  a  suitable  pattern, 

*  similar  to  those  now  in  use  by  other  city  railroads.  The 
timber  used  shall  be  of  the  best  quality  of  swamp  cy- 
press, or  upland  yellow  pine,  free  from  sap,  and  of  such 
dimensions  as  may  be  designated  by  the  City  Surveyor. 


RAILROADS.  877 

(?>)  That  the  cars  shall  be  well  adapted  to  the  purpose    Cars, 
intended,  and  of  like  construction  with  first-class  cars 
used  upon  the  city  railroads  in  other  larit^e  cities  in  the 
United  States. 

(c)  That  the  lines  and  levels  of  the  road  shall  bej^J;,^"^^  ^"^ 
fixed  by  the  City  Surveyor,  and  its  material  and   con- 
struction  shall  be  subject  to  the  approval  of  the  City 
Surveyor  and  Administrator  of  Improvements. 

(d)  That  the  rate  of  fare  for  the  whole  distance  of  the    ^^'■«' 
road  shall  not  exceed  five  cents  for  each  passenger,  and    Speed, 
the  cars  shall  not  be  run  at  a  speed  exceeding  six  miles 

per  hour. 

(e)  That  the  cars,  mules,  machinery,  fixtures  and  the  .  Annual  taxa- 

^    ■^  '  '  •'  '  tion, 

property  of  the  company  shall  be  subject  to  assessment 
and  taxation  in  manner  and  form  as  other  taxable  prop- 
erty in  the  city  is  assessed. 

(/■)  That  at  the  expiration  of  said  grant  of  right  of  j^jg^t  of  re- 
way  the  city  of  New  Orleans  shall  have  the  right  to  version, 
purchase  and  take  the  road,  rolling  stock,  equipments, 
machinery,  depot  fixtures,  the  property  and  effects, 
mules  and  horses,  and  all  rights,  grants,  franchises  and 
privileges  appertaining  to  the  company  and  its  said  road, 
at  a  valuation  to  be  fixed  by  two  disinterested  persons, 
one  to  be  appointed  by  the  Mayor  of  the  city  and  the 
other  by  said  grantees  or  their  assigns.  In  the  event 
that  said  two  appraisers  shall  not  agree,  then  another 
shall  be  selected  by  them,  whose  decision  as  umpire 
shall  be  final,  and  in  the  event  of  failure  thus  to  appoint 
an  umpire,  the  valuation  shall  be  determined  by  one  of 
the  district  courts  of  New  Orleans  having  jurisdiction 
over  the  matter,  with  the  right  of  appeal  to  the  Supreme 
Court  of  the  State. 

(g)  That  the  streets,  from  curb  to  curb,  through  which    streeu  to  be 
said  grant  extends,  as  well  as  the  bridges  thereon,  shall  condition.^  °°*^ 
be  at  all  times  kept   in  good  running   order   and  condi- 
tion, during  the   entire  term    of   this   privilege,  by  the 
owners  of  this  road. 

(/i)  That  in  order  to  provide  for  the   accommodation  „ 

^     ■^  '^  Kunning    time. 

of  the  people  of  the  Sixth  District,  it  shall  be  the  duty 
of  the  said  grantees,  upon  the  completion  of  said   rail- 


878  RAILROADS. 

road,  to  run  their  passenger  cars  at  intervals  of  not  less 
than   thirty  minutes,  from  5  a.  m.  until  12  o'clock  at 
night. 
^bV^'city^ft      (0  That   whenever  the   Administrator  of    Improve- 

gri'ntees.^  ''^  mcuts  may  become  aware  that  said  grantees  having 
failed  to  keep  any  street  in  repair,  or  to  do  any  work 
thereon  according  to  the  provisions  of  the  foregoing 
articles,  the  said  Administrator  may  issue  a  written 
notice  to  them  at  their  domicile,  requiring  said  repairs 
or  work  to  be  made  or  done,  and  if  the  said  repairs  or 
work  is  not  begun  within  forty-eight  hours  from  the 
service  of  said  notice,  and  completed  within  a  reason- 
able time  thereafter,  then,  and  in  that  event,  said  Ad- 

Penaities.  ministrator  may  cause  said  repairs  or  work  to  be  done 
at  the  charge  and  risk  of  said  grantees,  who  shall  be 
liable  for  all  costs  and  expenses  which  may  be  incurred 
in  executing  said  repairs  or  work,  and  be  subjected  to 
a  fine  of  twenty-five  dollars  per  day  for  every  day  they 
shall  neglect  to  comply  with  said  notice,  and  the  said 
grantees  shall  reimburse  to  the  city,  on  demand,  the 
amount  of  all  costs,  expenses,  damages  and  outlays,  to 
which  she  may  be  subjected,  and  shall  pay  and  dis- 
charge, without  default,  the  fine  aforesaid. 

Conditional  (j)  That  the  said  grantees  shall  agree  to  all  the  pro- 
nance,  visions  of  this  ordinance  within  thirty  days  after  its 
passage,  by  an  act  to  be  executed  before  the  City  Notary 
Public,  and  failing  therein,  this  ordinance  shall,  ipso 
facto,  become  null  and  void,  but  nothing  contained  in 
this  ordinance  shall  be  construed  into  an  obligation  on 
the  part  of  said  grantees  to  repair  said  streets,  except  as 
the  said  road  may,  from  time  to  time,  be  constructed 
and  laid. 

Right  of  citv      (^.)  That  the  citv  of  New  Orleans  reserves   the  right 

to  lay  gas   and         v     /  -  <^ 

water  pipes,  to  lay  gas  and  water  pipes  in  or  across  the  streets 
named  as  the  route  of  said  railroad,  and  the  city  in 
executing  said  work  shall  use  as  much  of  said  streets  as 
may  be  necessary  without,  in  any  way  or  manner,  be- 
coming liable  for  damages  or  otherwise  to  said  grantees 
or  any  other  person  or  persons  whomsoever. 

(0  This  ordinance  is  not  to  be  construed  as  granting 


RAILROADS.  879 

to  said  owners  any  more  than  a  right  of  way,  and  to  that    cuy  not  re- 

''  i->  ./  /  sponsible. 

extent  only  is  the  city  to  be  bound,  and  if  compensation 
for  the  use  of  any  of  the  streets,  or  any  part  thereof,  is 
set  up  by  private  individuals  or  owners  of  property,  the 
city  is  in  no  way  or  manner  to  be  made  liable  therefor 
to  the  owners  of  the  railroad  or  any  person  or  persons 
whomsoever ;  and  it  is  fully  understood  and  declared 
that  the  grantees  of  the  rights  and  privileges  herein  con- 
veyed shall  and  do  release  the  city  of  New  Orleans  from 
any  and  all  claims  for  damages  or  otherwise,  and  shall, 
without  delay,  dismiss  at  their  own  costs  all  suits 
against  the  city,  heretofore  brought,  or  that  may  be  now 
pending. 

(m)  That    the  right   of  way  and   privileges    herein  Term  of  grant. 
granted  ■  shall  continue  for  and  during    the  term   of 
twenty-five  years,  commencing  from  the  date   of  this 
ordinance ;  provided,  that  said  road  shall  be  completed 
iWithin  three  years  from  such  date. 

Art.  2341.  Whereas,  the  right  of  way  for  a  street 
ailroad  having  been  granted  by  and  under  Ordinances 

OS.  992,  1192  and  1222,  A.  S.,  from  Canal  through 
arondelet  to  and  through  Clio,  to  and  up  Coliseum  and 
hestnut  streets,  to  the  City  Park  and  Mississippi  river, 
nd  thence  returning  to  and  down  Camp,  to  and  through 
alliope,  to  and  down  St.  Charles  street  to  Canal  street ; 

And  Whereas,  the  commencement  and  completion  of 
said  road  has  been  delayed  and  prevented  to  the  present 
time  by  legal  proceedings ; 

And  Whereas,  the  contractors  are  now  willing  to  com- 
ply with  the  terms  and  conditions  of  said  ordinance ; 
therefore,  be  it  ordained : 

Art.  2342.  (1)  That  the   City   Surveyor  be   and   is    Lines  and 
hereby  authorized  and  directed  to  furnish  and  deliver  to  '^a.' s.  6192. 
the  grantees  of  said  rights  or  their  assigns  the  necessary    ^°'^-'  '^^^^ 
lines  and  levels  required  by  said  ordinance. 

Art.  2343.   (2)  That  the   term    of  twenty   years  for  Date  and  term 
which  said  privilege  was  granted,  shall  commence  from    °^^''^''^' 
the  date  at  which  the  City  Surveyor  shall  inform  the 
Council  of  the  completion  of  the  track  and  the  running 
of  the  cars  thereon,  which  term,  for  the  completion  of 


nect. 


880  RAILROADS. 

the  track  and  running  of  said  cars,  is  hereby  limited  to 
two  years  from  the  passage  of  this  ordinance. 

Terminus.  Art.  2344.  (3)  That  the  privilege  of  terminating  said 
road  at  Louisiana  avenue,  until  such  time  as  the  number 
of  residences  above  said  avenue  shall  warrant  the  con- 
tinuation of   said   road,  is   hereby  granted  to  the  said 

Fare.  grautccs  Or  their  assigns,  the  rate  of  fare  not  to  exceed 

five  cents  each  way. 

Right  to  con-  Art.  2345.  (4)  That  by  and  with  the  consent  of  any 
other  street  railway  company  now  having  tracks  run- 
ning from  the  upper  portion  of  the  city  to  Canal  street, 
the  right  of  way  and  privilege  is  hereby  granted  of 
connecting  the  Coliseum  Street  Railway  with,  and  of 
running  the  cars  of  the  said  Coliseum  street  road  upon 
the  tracks  of  the  said  other  roads  through  Clio  or  Calliope 
streets,  during  and  for  the  period  of  this  grant,  it  being 
expressly  understood  that  no  authority  is  hereby  con- 
ferred, nor  shall  the  city  of  New  Orleans  be  in  any 
manner  liable  for  any  interference  under  this  ordinance 
with  the  rights  of  any  other  street  railway  companies, 
and  that  this  privilege  shall  not  be  in  lieu  of  any  rights 
conferred  by  Ordinance  Nos.  992,  1192  and  1222,  but  in 
addition  thereto. 

Change  of  Art.  2346.  (5)  That  the  privilege  is  hereby  granted 
to  said  contractors  or  their  assigns  to  run  the  down 
track  of  the  Coliseum  street  road  from  Camp  street 
through  Felicity  or  Race  street  to  and  down  Coliseum 
street  to  Clio  or  Calliope  street,  instead  of  running  said 
tracks  down  Camp  to  Calliope  street  as  provided  in  the 
ordinances  heretofore  passed  and  above  referred  to. 

Art.  2347.  (6)  That  in  addition  to  the  sum  of  thirty 
thousand  dollars,  amount  of  bonus  to  be  paid  by  said 
contractors  or  their  assigns  to  the  city  of  New  Orleans, 
which  amount  has  been  paid,  and  the  receipt  of  which 
is  hereby  acknowledged,  said  grantees  or  their  assigns 
shall  pay  the  further  sum  of  ten  thousand  dollars  as  a 
bonus  for  the  changes  herein  made,  and  the  privileges 
conferred  by  this  ordinance  immediately  upon  the 
passage  of  the  same. 

Art.  2348.  Whereas,   it  is   proposed  under  and  by 


route 


RAILROADS.  881 

virtue  of  Ordinance  6192,  A.  S.,  that  the  Coliseum  Street    To  occupy 
Railroad  shall  occupy,  with  the  Crescent  City  Railroad,  street, 
the  stand  on  Canal  street,  between  Camp  and  Magazine    juiy,'  1880! 
streets,  now  used  by  the  Crescent  City   Railroad   Com- 
pany,   the   latter    company    consenting   thereto ;    and, 
whereas,  certain  changes  of  lines  for  a  stand  are  neces- 
sary to  make  said  connection. 

Art.  2349.  (1)  Said  change  of  lines  and  use  of  a 
turntable  for  a  stand  shall  be  made  under  the  direction 
of  the  City  Surveyor  and  Administrator  of  Improvements, 
and  that  the  Crescent  City  Railroad  Company,  upon  the 
completion  of  said  arrangement  with  the  Coliseum  Rail- 
road Company  grantees,  shall  be  relieved  from  any  ob- 
ligation requiring  the  use  of  lines  for  a  stand  other  than 
those  adopted  under  this  ordinance,  or  from  any  obliga- 
tion that  might  arise  from  not  using  lines  or  turntable 
for  a  stand  other  than  those  directed  by  the  City  Sur- 
veyor and  Administrator  of  Improvements  under  this 
ordinance. 

Art.  2350.  (1)  That  permission  be  and  is  hereby  Right  to  con- 
granted  to  the  Crescent  City  Railroad  Company  to  con-  a.  s.  6657. 
iiect  the  Coliseum,  Chestnut  &  Camp  Street  Railroad 
and  the  upper  Magazine  Street  Railroad  tracks,  through 
Louisiana  avenue,  upon  lines  and  levels  to  be  furnished 
by  the  City  Surveyor  and  approved  by  the  Adminis- 
trator of  Improvements ;  said  connection  to  form  one 
continuous  line  on  which  only  one  fare,  not  to  exceed 
the  sum  of  five  cents  each  way,  shall  be  charged,  be- 
tween Canal  street  in  the  First  District,  and  Joseph 
street  in  the  Sixth  District. 

Art.  2351.  (2)  That  in  consideration  of  this  privilege  Extension  of 
of  connection  on  Louisiana  avenue,  and  the  charge  of 
only  one  fare  (five  cents)  as  per  section  1,  and  the  exten- 
sion of  said  line  to  Carrollton,  within  twelve  years,  the 
time  of  which  the  right  of  way  has  been  granted  to  the 
Upper  Magazine  line  is  hereby  extended  so  as  to  expire 
at  the  same  period  of  time  as  that  granted  the  Coliseum, 
Chestnut  &  Camp  Street  Railroad,  and  that  the  right 
of  way  heretofore  granted  to  the  said  Coliseum,  Chest- 
nut &  Camp    Street   Railroad  above  Louisiana  avenue 


882  RAILROADS. 

is   hereby  abrogated,  canceled  and  annulled ;  provided, 
the  Crescent  City  Railroad  Company  accepts  in  writing 
(through  the  proper  officers  of  said  company)  the  pro- 
visions and  conditions  of  this  ordinance  within  five  days 
from  the  date  of  its  promulgation. 
p^TjOpConnect     Art.  2352.  (3)  That  the  privilege  is  hereby  given  of 
^^^^•p^^^^'^^'j  connecting  the   station   of  the   Crescent  City  Railroad 
track.  Company,  on  Philip,  near  Tchoupitoulas  street,  with  the 

Camp  street  track  of  the  Coliseum,  Chestnut  and  Camp 
Repeal  in  ^^^^^^  ^i^^^,  through  PMlip   strcct.     All  ordinances    or 
clause.  parts  of  ordinances  in  conflict  with  the  provisions  of  this 

ordinance  are  hereby  repealed. 
Location  of     Art.  2353.  (1)  That  the  City  Surveyor  in  giving  the 

"^  a!"s.  6736.     lines  of  the  Coliseum  route  of  the  Crescent  City  Rail- 
Dec.  1^0 

road  Company  on  St.  Charles  and  Carondelet    streets 

is  hereby  instructed  to  place  one  rail  on  each  side  of  the 
present  tracks  of  the  St.  Charles  Street  Railroad  Com- 
pany, at  the  proper  gauge,  thereby  fixing  the  tracks  of 
both  companies  at  an  equal  distance  from  the  centre  of 
the  street,  the  west  track  on  St.  Charles  street  and  east 
track  on  Carondelet  street,  for  the  use  of  the  St.  Charles 
Street  Railroad  Company,  and  the  east  track  on  St. 
Charles  street  and  west  track  on  Carondelet  street,  for 
the  use  of  the  Crescent  City  Railroad  Company. 
Expense  and     Art.  2354.  (2)  That  all  the  labor  and  material  neces- 

labor  and   ma- 
terial, sary  for  the  work  shall   be  at   the  expense  of  the  Cres- 
cent Railroad  Company,   and  the  change  made  in  such 
manner  as  shall  not  stop  the  running  of  the  St.   Charles 
Street  Railroad   Company,    or   impede  the   use    of  th( 
streets. 
Right  to  lay     Art.  2355.  (3)  That  the  provisions  of  this  ordinance 
shall  not  deprive  the  Crescent  City  Railroad  Company  of 
its  rights  to  lay  its  tracks,  as  now  provided  by   law,    in 
the  event  of   any  legal  obstacles  arising  to  prevent   the 
work. 
Conditional     Art.  2356.   (1)  That  iu  Consideration  of  the  Cresccut 

grant  t  o    r  u  n 

track  alongside  City  Railroad  Company  riveting,  covering  and   flooring 

canal.  the  Camp  and  Coliseum  Street  Canal,  from  Race  street 

Feb.",  iMi!     to  the  lower  end  of  the   Coliseum   Square   or   Park,    at 

their  own  expense,  in   accordance  with  the   plans   and 


RAILROADS.  883 

specifications  on  file  in  the  office  of  the  City  Surveyor, 
the  city  to  furnish  and  do  any  necessary  filling,  the  privi- 
lege is  hereby  granted 'to  said  company  of  running  the 
down  track  of  their  Coliseum,  Chestnut  and  Camp 
street  line  on  said  canal,  along  its  west  branch  or  side, 
from  Race  street  to  the  lower  end  of  said  Coliseum 
Square  or  Park,  and  thence  into  and  down  Coliseum 
street,  on  the  west  side  of  said  canal,  as  heretofore  pro- 
vided, during  and  for  the  term  of  the  Coliseum  Street 
Railroad  grant ;  it  being  understood  that  this  privilege 
shall  not  prevent  said  company  from  exercising  thf^ 
rights  heretofore  granted  them  by  removing  said  tracks 
to  the  route  or  routes  heretofore  stipulated,  should  they 
elect  to  do  so,  whenever  litigation  now  preventing  the 
exercise  of  said  rights  shall  have  been  decided  in  their 
favor ;  the  revetment,  covering  and  flooring  of  said  canal, 
for  the  distance  used  for  said  tracks,  to  be  kept  in  repair 
at  the  expense  of  said  company  only  while  so  used. 

Art.  2357.  That  the  privilege  is  hereby  granted   to    change  of 
said   Crescent   City  Railroad   Company  to   connect  the  ord!No.434S, 
Coliseum  Line  with  their  tracks  on  Annunciation  street    Mar.  5, 1890. 
by  running  through  Erato  street  with  a  double  track, 
instead  of  Calliope  street,  as  heretofore  provided,  and 
shall  have  the  right  to  nin  the  cars  of  their  Annuncia- 
tion Street  Line  in  conjunction  with  the  Electric  Traction 
and  Manufacturing  Company,  through  these  connections 
over  the  tracks  of  the  Coliseum  Street  Line  to  and  from 
the  Canal  street  terminus. 

Art.  2358.  The  company  obligating  itself  to  pave  consideration, 
with  Rosetta  gravel  and  keep  in  repair  from  curb  to 
curb  that  portion  of  Erato  street  through  which  this 
connection  runs,  and  to  hold  the  city  harmless  and  de- 
fend her  in  any  litigation  with  others  that  may  arise  out 
of  the  provisions  of  this  ordinance ;  provided,  that  noth- 
ing herein  shall  be  construed  as  in  any  manner  altering 
or  changing  the  schedule  for  running  on  existing  tracks 
of  the  Annunciation  Street  Line. 

Art.  2359.   (3)  That  it  is  understood  and  agreed  that  Existing  right 
this  ordinance  shall  not  be  construed  as   depriving  the  "°  ''"p*"'®  • 
Crescent  City  Railroad  Company  of  any  rights  now  ex- 


384  RAILROADS. 

isting,  and  shall  not  bind  said  company  to  its  terms  and 

provisions  in  event  of  any  obstacle  arising  to  prevent 

compliance  with  any  of  its  terms  and  provisions. 

hoTs°es  on  Front     ^^'^-  ^360.  (1)  That  pemiission   be   and   is   hereby 

**  a!  s.  7256,     gi'anted  to  the  Crescent  City  Railroad  Company  to  stable 

Aug.,  1881.     twenty  horses  at  No.  4  Front  street,  between  Canal  and 

Crossman  streets,  the  same  revocable  at  the  pleasure   of 

the  Council. 

See  Ordinances  O.  S.  Xos.  6323.  «34.5,  6364.  6395;  N.  S.  41,  748. 

1253,  1443;  A.  S.  262,  992. 1192,  1222.  1468,  2074,  3243,  3327,  3534, 

3653,  4311,  4951,  6192,  6209,  6226.  6582.  6657,  6736,  6890,  7256, 

7340,  7371.  Ord.  682.  City  of  Jefferson. 

Paving  with  Art.  2361.  (1)  That  in  consideration  of  the  Crescent 

granite  stone.         _  ^     ' 

^oni.  No.  7829,  City  Railroad  Company  paving  with  granite  stones,  ac- 

May  16, 1872.  cording  to  specifications  to  be  drafted  by  the  City  Sur- 
veyor and  approved  by  the  Administrator  of  Improve- 
ments, an  amount  of  square  yards  of  roadway,  wherever 
selected  by  the  Administrator  of  Improvements,  equal 
to  the  amount  of  paving  on  Canal  street  fronting  the 
said  (crescent  City  Railroad  Company's  property  and  the 
jj^j^^^^^g^  intersection   of    Wells   and    Canal    streets,   these   two 

in  repair.  amouuts  bciug  the  city's  portion  of  square  block  paving 
already  constructed  by  the  Louisville  &  Nashville  Rail- 
road Company.  The  same  to  be  completed  within  six 
months  of  notification  from  the  Administrator  of  Im- 
provements, and  the  said  company  to  keep  thereafter, 
and  for  all  time  to  come,  the  said  streets  in  repair  from 

Turntable  on  ^^^^^  ^o  curb.  The  Said  Crescent  City  Railroad  Company 
MVeiu  street,  g^all  havc  the  privilege  during  the  term  of  their  present 
charter  of  using  a  turntable  on  Wells  street,  at  the  en- 
trance of  their  station,  and  connecting  tracks  now  used 
by  said  railroad  company  on  Canal  street,  with  said 
table  for  the  purpose  of  running  their  cars  to  and 
making  said  table  the  terminus  of  their  Canal,  Coli- 
seum &  Upper  Magazine  Street  Line. 

Turntable,     Art.  2362.  (2)  That   said   companv    shall    have   the 

Octavia    and.  „,.  ,  ,,  ^t  i  j 

Magazinestreet  privilege  of  placiug  the  tumtablc  now  at  Joseph  and 
Upper  Magazine  streets,  at  the  corner  of  Octavia  and 
Magazine  streets,  for  the  purpose  of  turning  the  cars  ot 
said  Coliseum  Street  Line  at  that  point  on  their  return 
trips. 


RAILROADS.  885 

Art.  2363.   (3)    That    said   Creseeut   City     Railroad    single  tracks 

^  1      ,1    1  ,1  •     -1  ,.  -•  1      •      Octavia  street. 

Company  shall  have  the  privilege  ot  connecting  their 
Tchoupitonlas  and  Colisenm  lines  by  a  single  track 
through  Octavia  street.  The  work  to  be  done  according 
to  lines  and  grades  to  be  given  by  the  City  Surveyor, 
and  the  whole  to  be  constructed  to  the  entire  satisfaction 
of  the  Administrator  of  Improvements. 

Art.  2364.  The  Crescent  City  Railroad  Company  has 
contracted  with  the  Electric  Traction  and  Manufacturing 
Company  to  substitute  electric  storage  batteries  on  all  of 
its  lines  of  railroads  in  lieu  of  animal  power,  as  a  motive 
power  for  its  cars,  and 

The  said  Electric  Traction  and  Manufacturing  Com- 
pany is  the  transferee  of  the  franchise  granted  by  this 
Council  to  W.  J.  Behan,  Maurice  J.  Hart  and  E.  H. 
Farrar. 

Art.  2365.  That  the  Crescent  City  Railroad  Company    storage  bat- 

'^        "    tery  cars. 

is  herebv  authorized,  under  the  contract  with  the  Elec-  Ord.  No.4a39, 

'  c  s. 

trie  Traction  and  Manufacturing  Company,  to  substitute    Jan.  28,1890. 

storage  battery  cars  for  cars  propelled  by  animal  power 

on  all  its  lines  of  railroads  in  the  city  of  New  Orleans. 

Art.  2366.  That  the  Comptroller  be   and    is    herebv    ^ 

•^  _  "       Sale  at   pub- 

authorized  and  directed  to  advertise  according  to  law,  and  "c  ituction. 

^  '  Ord.No.  6762, 

to  sell    in  block  at  public  auction  to  the  highest   bidder  <^  s. 

.  .  Oct.  25,  1892 

an  extension  of  the  following-described  street  railway 
franchises  now  owned  and  operated  by  the  Crescent  City 
Railroad  Company,  for  fifty  years  from  the  date  of  the  ex- 
piration thereof,  upon  the  following  terms  and  condi- 
tions, and  fixing  the  specifications  ;  provided,  however, 
that  all  bids  shall  be  subject  to  rejection  by  the  City 
Council. 

Extension  of  Franchises  for  50  Years. 

Art.  2367.  The  right  to  construct,  maintain  and  operate    iJ  e s  c  ription 

^  oi  franchises  to 

tor  fifty  years  lines  of  street  railway  for  the  carrying  of  be  sold, 
passengers  over  the  following  described  routes  : 

The  TehoHpifoida,s  Street  Line. 

Commencing  on   the  neutral   ground  of  Canal  street.    Route, 
near  Camp    street,    out   the  south   side  of   said  neutral 


886  RAILROADS. 

ground  with  single  track  to  Tchoupitoulas  street,  up 
Tchoupitoulas  street  with  single  track  to  St.  Mary  street, 
thence  by  double  track,  one  up  and  one  down,  to  Bou- 
levard street,  and  from  St.  Mary  street  down  South 
Peters  street  to  the  north  side  of  the  neutral  ground 
of  Canal  street  to  near  Camp  street,  with  right  of  switches 
and  turntables  on  neutral  ground  on  Canal  street,  and 
on  other  streets,  where  necessary,  and  all  turnouts  into 
station  houses.  The  present  franchise,  of  which  this  is 
an  extension,  expires  on  the  30th  day  of  August,  1901. 

The  Annunciation  Street  Line. 

Route.  Art.  2368.  Over  the  Tchoupitoulas  street  line,  from 

Camp  and  Canal  streets  to  St.  Mary  Market,  thence  by 
single  track  up  Annunciation  street  to  Delord  street, 
thence  by  double  track  to  Race  street,  thence  with 
single  track  around  Annunciation  Square  to  Annuncia- 
tion street,  up  Annunciation  street  to  Felicity  road, 
through  Felicity  road  to  continuation  of  Annunciation 
street,  up  Annunciation  street  to  Toledano  street  to 
Tchoupitoulas  street,  up  Tchoupitoulas  street  over  the 
Tchoupitoulas  Street  Line  to  Louisiana  avenue, 
through  the  north  side  of  Louisiana  avenue  to 
Water  street,  down  Water  street  to  Toledano  street,, 
down  Toledano  street  to  Chippewa  street,  do\ 
Chippewa  street  to  Felicity  road,  through  Felicity  ro« 
to  the  continuation  of  Chippewa  street,  down  Chipper 
street  to  Orange  street,  thence  around  the  east  side  o\ 
Annunciation  Square  to  Annunciation  street,  thenc^ 
over  the  double  track,  above  described,  to  Delord  streetj 
thence  with  single  track  through  Delord  street  to  Sout 
Peters  street,  and  thence  over  the  Tchoupitoulas  stree| 
line  to  Camp  and  Canal  street,  with  right  to  construe 
switches,  turntables  and  turnouts  to  station  houses^ 
The  franchise  of  which  this  is  an  extension  expires  oi 
the  30th  day  of  August,  1901. 

Terms  and  conditions,  see  Arts.  2372  to  2379  inclusive. 

Art.  2369.  That  the  Comptroller  be  and  he  is  hereb;j 
authorized  and  directed  to  advertise,  according  to  la\ 


RAILROADS.  887 

and  to  sell  at  public  auction  to  the  highest  bidder,  an  ex-    saie  at  auc- 
tension  of  the  following-described   street  railway  fran-  or'd.  no.  6S70, 
chise,  now  owned  and  operated   by  the  Crescent  City   '001.25,1893. 
Railroad  Company,  for  fifty  years  from  the  date  of  the 
expiration   thereof,  upon  the  following  terms  and  con- 
ditions, and  fixing  the  specifications  ;  provided,  however, 
that  all  bids   shall    be   subject  to  rejection  by  the  City 
Council. 

Art.  2370.  The  right  to  construct,  maintain  and  op-    Description 
erate  for  fifty  years  line  of  street  railway  for  the  carrying  be  so!d!^  '^^ 
of  passengers  over  the  following-described  route,  to-wit : 

The    Coliseum   Street   Line. 

Art.  2371.  Commencing  at  the  turntable  on  Wells  ^^"te. 
street,  between  Canal  and  Crossman  streets,  thence  out 
Wells  street  to  the  single  track  trunk  road  on  the  north 
side  of  Canal  street,  thence  over  the  said  trunk  road  to 
Carondelet  street,  up  the  west  side  of  Carondelet  street, 
with  single  track,  to  Clio  street,  out  Clio  street  to  West 
Camp  street,  up  West  Camp  street  to  Coliseum  street, 
up  Coliseum  street  to  Felicity  road,  through  Felicity 
road  to  Chestnut  street,  up  Chestnut  to  south  side  of 
Louisiana  avenue,  out  the  south  side  of  Louisiana  avenue 
to  Upper  Magazine  street,  thence  with  double  track,  up 
and  down,  through  Upper  Magazine  to  Walnut  street, 
and  beginning  again  with  down  track  at  the  corner  of 
Upper  Magazine  and  Louisiana  avenue,  through  the 
north  side  of  Louisiana  avenue  to  Camp  street,  thence 
down  Camp  street  to  Calliope  street,  through  Calliope 
street  to  St.  Charles  avenue,  through  the  east  side  of 
St.  Charles  avenue  to  Lee  Circle,  around  the  east  side 
of  Lee  Circle  to  St.  Charles  street,  thence  along  the  east 
side  of  St.  Charles  street  to  the  trunk  road  on  the  south 
side  of  Canal  street,  and  along  said  trunk  road  to  the 
turntable  on  Wells  street,  aforesaid,  with  the  right  to 
construct  proper  switches,  turntables  and  turnouts  to 
stations.  The  franchise  of  which  this  is  an  extension 
expires  on  the  1st  day  of  September,  1901. 

Art.  2372.  The  purchaser  shall  assume  and  hold  the 
city  of  New  Orleans  harmless  and  free  from  all  obliga- 


888  RAILROADS. 

coIditTons* "of  tions  and  stipulations  contained  in   her  contracts  with 
s^ie.  the   Crescent   City   Railroad    Company.     Every  bidder 

for  the  purchase  of  said  franchise  shall,  as  a  condition 
precedent  to  the  receiving:  of  such  bid  by  the  City  Comp- 
troller, deposit  with  the  City  Treasurer  the  sum  of  fifty 
thousand  dollars  ($50,000)  in  United  States  currency, 
and  shall  at  the  time  of  bidding  file  receipt  therefor 
with  the  Comptroller,  and  no  bidder  shall  be  considered 
who  has  failed  to  file  the  receipt  of  the  City  Treasurer 
with  the  City  Comptroller  showing  that  he  has  made 
such  deposit.  The  deposits  of  all  unsuccessful  biddet's 
shall  be  immediately  returned  to  them,  and  the  fifty 
thousand  dollars  of  the  highest  bidder  shall  be  held  as 
security  that  he  will  sign  the  contract,  in  case  his  bid  is 
accepted  by  the  City  Council,  and  give  the  bond  re- 
quired for  the  completion  of  the  work ;  and  in  case  of 
the  failure  of  the  successful  bidder  to  sign  the  said  con- 
tract, and  give  the  said  bond  the  said  fifty  thousand  dol- 
lars shall  be  forfeited  to  the  city  as  liquidated 
damages, 
j^^cojitract  and  Art.  2373.  The  successful  bidder  shall  be  required 
lb.  within  ten  days  of  the  acceptance  of  his  bid  by  the  City 
Council,  to  enter  into  notarial  contract  before  the  City 
Notary  with  the  city  of  New  Orleans  embodying  all  tlu' 
terms  and  stipulations  in  this  contract,  and  shall  be  re- 
quired at  the  time  the  said  contract  is  signed  to  give  to 
the  city  of  New  Orleans  a  bond  in  the  full  sum  of  th(^ 
amount  of  his  bid,  conditioned  upon  his  faithful  com 
pliance  with  all  the  provisions  of  this  ordinance  and  of 
his  bid,  said  bond  to  continue  and  be  in  force  until  tlu 
expiration  of  the  franchise  sold.  In  case  the  Crescent 
City  Railroad  Company  is  the  successful  bidder  said 
bond  shall  operate  as  a  conventional  mortgage  for  the 
amount  of  the  bid  upon  all  of  its  property  and  franchises. 
In  case  any  other  person  is  the  successful  bidder,  he 
shall  give  a  bond,  with  mortgage  on  real  estate,  to  the 
amount  of  his  bid,  with  the  privilege  of  substituting  the 
mortgage  on  said  real  estate  with  a  mortgage  on  tlie 
railroad  and  its  franchises  owned  and  constructed  by 
him  under  said  franchise.     Said  bond  shall  be  executed 


RAILROADS.  889 

to  the  satisfaction  of  the  Mayor.  The  price  bid  shall 
not  be  paid  at  the  time  of  adjudication,  but  the  bidder 
shall  be  obligated  to  expend  the  same  in  street  paving 
in  the  city  of  New  Orleans,  to  be  commenced  and  fin- 
ished at  such  time  after  the  signing  of  the  contract,  and 
on  such  street  and  with  such  material  as  the  City  Coun- 
cil may  designate ;  all  contracts  for  such  pavements  to 
be  paid  for  by  the  purchaser,  to  be  let  to  the  lowest  bid- 
der by  the  authorities  on  plans  and  specifications  pre- 
pared by  the  City  Engineer,  and  the  amount  due  on  each 
of  said  contracts,  up  to  the  amount  of  the  bid,  to  be  paid 
by  the  bidder  within  twenty-four  hours  after  same  is 
due  and  demand  is  made  therefor  by  the  proper  author- 
ities. 

Art.  2374.  Tracks  shall  be  of  a  girder  rail,  of  style,  Tracks, 
dimensions  and  weight,  and  manner  of  laying  same,  all 
to  be  approved  by  the  City  Engineer.  All  the  streets 
.through  which  the  tracks  of  this  franchise  now  run, 
(^described  above,  or  may  run  under  the  provisions  of 
hhis  franchise,  shall  be  maintained  in  first-class  order 
^between  tracks  and  one  foot  on  each  side  of  said  tracks. 

Art.  2375.  Cars  shall  be  of  a  pattern  and  build  sub-    cars, 
jeet  to  the  approval  of  the  City  Engineer. 

Art.  2376.  The  motive  power  shall  be  animal.    Speed   Motive  power 
►f  cars  shall  not  exceed  twelve  miles  per  hour  except  by  ^"     **"  "  ib. 
tjBonsent  of  the  City  Council. 

Art.  2377.  The  fare  shall  be  five  cents  for  any  distance,    pare. 
^except  after  12  o'clock  midnight,  and  until  5  o'clock  a.  ^^' 

■M.,  during  which  period  of  time  the  fare  shall  be  ten 
[cents  for  any  distance. 

Art.  2378.  At  the  expiration  of  the  aforesaid  fran-  Right  of  re- 
^«hise,  to-wit:  On  the  1st  day  of  September,  A.  D.  1951, 
the  said,  the  railroads'  rolling  stock,  equipment,  fixtures 
and  depots,  shall  revert  to]  the  city  of  New  Orleans  on  a 
valuation  to  be  ascertained  by  two  disinterested  persons, 
one  to  be  appointed  by  the  city  of  New  Orleans  and  the 
other  by  his  purchaser  or  his  assigns ;  and  in  the  event 
of  the  disagreement  as  to  the  said  valuation  between  said 
persons  thus  appointed,  a  third  person,  or  umpire,  shall 
be  appointed  by  the  Civil  District  Court,  or  its   lawful 


version. 


890  RAILROADS. 

successor,  and  the  decision  of  the  said  umpire  shall  be 
final. 

Right  to  as-  Art.  2379,  The  purchaser  of  said  franchise  shall  have 
lb.  the  right  to  assign  the  same  to  any  person  or  corporation 
competent  to  hold  and  exercise  the  same. 

frinchJe""^'^  Art.  2380.  Nothing  in  this  ordinance  shall  be  held 
^^-  to  conflict  with  the  right  of  way  for  a  street  railroad 
sold  to  Judah  Hart  under  Ordinance  No.  5784,  C.  S., 
and  the  purchaser  of  this  extension  and  the  said  Judah 
Hart  shall  be  required  to  use  the  same  tracks  where  the 
two  franchises  cover  the  same  route,  under  such  mutual 
agreement  as  to  construction,  ownership  and  maintenance 
of  said  tracks  as  they  may  agree  upon. 

o"f"uSlWan     Art.  2381.  (1)  That  the  bid*  of  Judah  Hart   and  R. 

Donaui.^'  ^"^  T.  McDouald,  for  the  extension  for   fifty   years   of  the 

^0|d.No.  7243,  rppjjQ^pjI-Q^j^g  and  Annunciation  Street  Lines  of  the 
Feb.  28, 1S93.  Qrescent  City  Railroad  Company,  under  Ordinance  No. 
6762,  C.  S.,  also  their  bid  for  the  extension  for  fifty 
years  of  the  Coliseum  Street  Line  of  the  Crescent  City 
Railroad  Company,  under  Ordinance  No.  6870  C.S., 
be  and  the  same  are  hereby  accepted,  and  that  the 
Mayor  be  directed  and  instructed  to  enter  into  notarial 
contracts  with  the  said  Judah  Hart  and  R.  T.  McDonald 
or  assigns ;  provided,  that  in  addition  to  the  said  cash 
bid  of  one  hundred  and  fifty  thousand  ($150,000)  dol- 
lars for  its  two  franchises,  they  will  enter  into  a  con- 
tract with  the  city  of  New  Orleans  to  do  the  following 
permanent  improvements : 

Square  Block  Paving  to  be  Belaid. 

Square  block     Art.  2382,     All  strccts   through  which  the  tracks  of 

j)avinff  o  ^'■^"^jjg  (^pggQgj^^   City  Railroad   Company's   lines  now  run, 

■  namely,  Tchoupitoulas,  Annunciation  and  Peters  streets, 

which  are  paved  with  square  blocks,  where   directed  by 

the  City  Engineer,  shall  be  taken  up  from  curb  to  curb, 

and  the  whole  laid  at  such  grade  as  the  City  Engineer 

shall  establish. 

paving.  Art.  2383.  It  is  further  agreed  that  they  shall,  at  their 

*  own   cost  and  expense,  pave  both  Chestnut  and  Camp 


RAILROADS.  891 

streets  from  the  upper  side  of  Felicity  road  to  the  upper 
side  of  Louisiana  avenue.  This  work  shall  be  com- 
menced within  four  months  from  the  signing  of  the 
notarial  contract,  and  be  completed  within  one  year 
thereafter.  The  space  between  the  track  and  for  a  dis- 
tance of  one  foot  outside  of  the  rail  on  the  said  Chest- 
nut aud  Camp  streets  shall  be  paved  with  Belgian  block. 
The  balance  of  the  streets  shall  be  paved  with  good  con- 
crete gravel,  on  plans  and  specifications  to  be  furnished 
by  the  Civil  Engineer,  and  the  work  shall  include  curb, 
counter  curb,  gutter  bottoms,  brick  culverts,  iron  bridge 
tops,  Belgian  block,  cross-walks  and  iron-gutter  cross- 
ings with  the  name  of  the  street  thereon.  On  such 
blocks  on  the  line  of  these  two  streets,  namely.  Chestnut 
and  Camp,  where  the  majority  of  the  curbing  is  of  stone, 
the  new  curbing  necessary  and  the  counter-curbing  and 
wings  will  be  of  the  same  material,  and  the  gutter  bot- 
toms will  be  of  concrete,  laid  in  a  bed  of  six  inches  of 
concrete  gravel,  otherwise  the  curb,  counter-curb,  gut- 
ter-bottoms and  wings  to  be  of  heart  cypress. 

Art.  2384.  (2)  That  if  the  purchasers  so  elect  they  shall  Payment 
have  the  right  to  pay  the  whole  amount  of  their  bids  in 
cash  at  the  time  of  signing  the  notarial  contracts,  or  to 
give  the  real  estate  bond  provided  for  in  the  specifica- 
tions. 

Art.  2385.  (3)  That  the  said  Judah  Hart  and  R.  T.  Mc-    cost  of  pav- 
Donald  do  further   obligate   and  bind  themselves,  their  T^d  TcfoupT 
heirs  and  assigns,  that  they  will,  in  addition  to  the  other  °"  *^ '^^^""'^^• 
permanent  public  improvements  enumerated  in  this  or- 
dinance,assume  and  pay  the  city  of  New  Orleans'  portion 
of  the  cost  of  paving  Magazine  and  Tchoupitoulas  streets 
from  Louisiana  avenue  to  the  terminus  of  the  lines  on  the 
herein-mentioned  franchise   on  the  said  Magazine  and 
Tchoupitoulas  streets  whenever  the  said  streets  shall  be 
ordered   paved  by  the  City  Council  in  accordance  with 
law. 

Art.  2386.  (4)  That  it  is  hereby  distinctly  under-    cost  of  im- 
stood  and  agreed  that  all  the  paving  and  other  works  qJ  p"""^^*"^"  •  ^^ 
permanent  improvement   enumerated  in  this  ordinance 
shall  be  done  at  the  cost  and  expense  of   the  said  Judah 


lb. 


892  RAILROADS. 

Hart  and  R.  T.  McDonald,  their  heirs  and  assigns,     AH 
of  said  permanent   improvements   they,  the  said   Jndah 
Hart  and  R,  T.  McDonald,  their  heirs  and  assigns,  agree 
to  have  done  in  addition  to  and  over  and  above  their 
cash  bid  of  $150,000. 
B""d.      ^^      ^RT    2387.  That  the  said  Judah  Hart  and  R.  T.    Mc- 
Donald,   their  heirs  or  assigns,  are  hereby  obligated    to 
furnish  a  good  and  solvent  bond  in  the  sum  of  one  hun- 
dred thousand  dollars,  with  sureties  satisfactory  to  the 
Mayor,    conditioned  on  the  faithful  performance  of  the 
obligations   assumed  by  them,  to  have  done  all  the  per- 
manent public   improvements   enumerated  in  this  ordi- 
nance,   otherwise  the  ordinance  shall  become  null   and 
void. 
Accepting     Art.  2388.  That  the  bid  of  the  Ncw  Orleans  Traction 
leans  Traction  Company,    Limited,    of  one  hundred  and    twenty-five 
Limited.        '  thousand  ($125,000)  dollars  for  the  franchise  for  a  street 
railroad   under  Ordinance   No.  7036,  C.  S.,  be  and  the 
same  is  hereby  accepted,  and   the  Mayor  of  the  city  of 
New  Orleans  is  authorized  to  enter  into  contract  with  the 
said   New  Orleans   Traction  Company,   Limited,    trans- 
ferring said  franchise  to  the  said  New  Orleans  Traction 
Company,  Limited,  in  consideration  of  the  payment    of 
the  amount  of  said  bid. 
Traciis  on     Art.  2389.     That  the  right   is  hereby  granted  to  the 
street.  Crcsccut  Citv  Railroad  Company  to  lay  a  track  onCon- 

Ord.  No.  11,405.  -^  ^        .         i  ^ 

c.s.  stance  street  to  connect  the  tracks  on  Peters  avenue  with 

'the  car-barn  on  Constance  street,  between  Joseph  and 
Arabella  streets. 

In  accordance  Art.  2390.  That  tlic  track  is  to  be  used  for  the  pur- 
tTon^s.*'"''^'^''*' pose  of  forming  a  connection  between  the  tracks  on 
^^'  Peters  avenue  and  the  car-bam,  and  to  be  constructed  in 
accordance  with  the  specifications  governing  the  fran- 
chise of  the  Crescent  City  Railroad  Company,  and  accord- 
ing to  lines  and  levels  to  be  given  by  the  City  Engineer. 

To  remove  Art.  2391.  That  immediately  after  the  passage  of 
this  ordinance  the  said  Crescent  City  Railroad  Company 
will  remove  the  cross-over  now  existing  on  Magazine^ 
street,  between  Arabella  street  and  Nashville  avenue, 
and  on  Peters  avenue,  between  Magazine  and  Camp 
streets. 


:ross- 


RAILROADS.  893 

Art.  2392.  That  an  extension  of  time  until   the   1st  ,  Extension  of 
•day  of  January,  1896,  is  granted  to  the   Crescent   Cityord."No.ii,io6, 
Railroad  Company  to  complete  the  railroads   provided 
for  in  the  ordinances  above  set  forth. 

Art.  2393.  That  the  pavement  of  any  streets  during    intersections 
said  interval  of  extension,  the  intersections   of   which  pa verduri"! 
were  to  be  paved  by  and  at  the  cost  of  the  said  company,  ord.No.  i'o,si6. 
does  not  in  any  manner  relieve  the  said    railroad   com- 
pany from  the  obligations  assumed  by  them  under  said 
Ordinance  No.  7243,  and  the  cost  of  the  city  of  New  Or- 
leans for  paving  any  such  intersection  shall  be  borne  by 
the  said  Crescent  City  Railroad  Company. 

ORLEANS    RAILROAD   COMPANY. 

Art.  2394.  (1)  That  the  Orleans  Railroad  Company  Extension  of 
be  allowed  an  extension  of  the  right  of  way  and  the  ord.'No.  1991, 
right  to  continue,  operate  and  carry  on  the  street  rail-  bet,  a6, 1886. 
road  now  constructed,  owned  and  operated  by  it  in  the 
city  of  New  Orleans,  through  the  various  streets, 
grounds,  alleys  and  public  ways  whereon  they  have  now 
or  possess  right  of  way,  tracks,  stations  and  turnouts, 
as  authorized  by  any  ordinance  or  ordinances  of  the  city 
of  New  Orleans,  or  by  any  or  all  acts  and  contracts  re- 
lating thereto,  and  the  right  to  occupy  as  stands  for  cars 
the  spaces  on  the  streets  now  occupied  for  that  purpose ; 
provided,  that  not  more  than  two  cars  shall  be  allowed 
at  any  one  time  on  the  stand  on  Canal  street,  at  Clay 
statue ;  the  said  extension  of  rights  herein  granted  shall 
be  for  the  period  of  twenty-five  years,  dating  from  the 
1st  of  July,  1887,  and  shall  be  subject  to  all  the  con- 
ditions, restrictions  and  privileges  hereinafter  set  forth. 

Art.  2395.  (2)  The  tracks  shall  be  of   five   feet  two    Tracks, 
and  five-eighths  inches  gauge.    The  rails  shall  be  of  four-  ^^* 

inch  railroad  iron.     The  materials  to   be  used  on  said    Materials, 
railroad  shall  be  of  the  best  quality,  and  shall  have  the 
following  dimensions,  to-wit : 

Art.  2396.  The  cross-ties  shall  be  of  cypress,  six  by    Cross-ties, 
€ight  inches  and  eight  feet  long,  and  the  stringers  either  *  ^^"^"^'    ib. 
of  cypress  or  yellow  pine,  five  by  twelve  inches ;  the 
paving  of  the  streets,  where  the  same  are  already  paved 


894  RAILROADS. 

Paving.  with  square  blocks,  shall  not  be  taken  up,  and  grooves 
shall  be  cut  into  the  same  so  as  to  allow  the  rails  to  be 
placed  and  set  therein.  Top  of  rail  to  be  flush  with  the 
street  and  to  be  kept  so  during  the  term  of  this  franchise. 
^Streets  and  Art.  2397.  (3)  The  Said  Orleans  Railroad  Company 
lb.  shall  keep  and  maintain  their  tracks  and  streets  through 
which  they  pass,  and  bridges  crossed  by  said  company, 
and  newly  construct  any  and  all  of  the  same  which  may 
be  required  by  both  the  Commissioner  of  Public  Works 
and  City  Surveyor;  provided,  that  whenever  the  street 
may  be  occupied  by  any  other  railroad  company,  the 
maintenance,  construction,  repair  and  care  of  said  street 
be  equally  divided,  and  whenever'  and  wherever  the 
streets  are  not  yet  paved,  the  lines  of  the  tracks  between 
the  rails  shall  be  paved  either  with  round  stones,  square 
blocks  or  other  pavement,  or  with  tramwork  made  of 
four  by  eight  inch  planes  in  the  best  workmanship  man- 
ner. 

Bridges.  Art.  2398.  All  new  bridges  at  the    intersection    of 

'streets  which  may  be  required  throughout  the  whole 
length  of  said  railroad  shall  be  constructed  by  the  said 
Orleans  Railroad  Company  at  its  expense,  and  in  the 
manner  of  making  bridges  throughout  the  city. 
Rolling  stock.  Art.  2399.  (4)  They  shall  maintain  and  keep  their 
rolling  stock  in  good  condition,  and  of  such  character 
and  material  as  they  are  now  required  to  construct 
and  maintain  by  contracts  and  ordinances  now  in  exist- 
ence relating  to  said  Orleans  Railroad  Company,  and 
shall  have  and  possess  for  and  during  the  entire  period 
of  said  extension  all  the  rights  of  way  and  privileges 
in  the  streets  and  public  ways  of  the  city  of  New  Or- 
leans heretofore  granted  or  conferred  upon  them  by  the 
city  of  New  Orleans  in  all  former  contracts  and  ordi- 
nances ;  said  contracts  and  ordinances  are  continued  in 
force  for  that  purpose,  and  to  that  end,  except  in  so  far 
as  the  same  may  be  altered  and  amended  by  the  provi- 
sions of  this  ordinance. 

Cars.  Art.  2400.  (5)  The  cars  shall  be  of  the   description 

"and   pattern  of  those  now  used,  and  be   fitted  with  the 

usual  fare  box  into  which  every  passenger  shall  deposit 


Lights    on 


RAILROADS.  895 

his  or  her  fare,  on  entering  the  car ;  they  shall  be  drawn 
by  horses  or  mules,  and  if  more  than  one  horse  or  mule 
be  used  for  each  car,  they  shall  be  drawn  abreast.  The 
cars  shall  run  as  often  per  day  and  night  as  the  Orleans 
Railroad  Company  may  deem  proper,  but  not  at  greater  speed, 
intervals  than  every  ten  minutes  from  daylight  until  10 
o'clock  p.  M.,  and  every  twenty  minutes  from  10  o'clock 
p.  M.  until  midnight.  The  speed  of  the  cars  shall  not 
exceed  six  miles  per  hour,  and  shall  not  be  less  than  five 
miles  per  hour.  All  cars  that  may  be  run  on  said  rail 
road  between  sunset  and  daybreak  shall  be  provided  cars 
with  good  and  ample  head  and  rear  lights  placed  in  con- 
spicuous places  and  positions,  and  for  the  violation  of 
this  condition  or  any  ordinance  now  existing,  or  that 
may  hereafter  be  enacted,  on  the  part  of  any  officer  or 
employee  on  said  Railroad  Company,  the  Orleans  Rail-  p  ^^  ,. 
road  Company  shall  be  liable  to  a  fine  of  twenty-five 
dollars  for  each  and  every  offence,  recoverable  before  the 
Recorder  of^the  district  in  which  said  offence  has  been 
committed,   besides  all  the  damages  arising  therefrom. 

Art.  2401,  (6)  The  Orleans  Railroad  Company  shall    Paved  and 
keep  in  good  order,   repair  and   condition  during  the  ib. 

continuance  of  this  privilege  the  paved  and  unpaved 
streets  through  which  the  said  tracks  pass,  from  curb  to 
curb,  as  well  as  the  bridges  on  said  streets,  and  should 
the  said  Orleans  Railroad  Company,  after  having  been 
duly  notified  by  the  Commissioner  of  Public  Works,  re- 
fuse or  neglect  to  keep  said  streets  and  bridges  in  good 
repair  and  condition,  it  shall  be  the  duty  of  the  Com- 
missioner of  Public  Works  to  cause  the  repairs  to  be 
made  at  the  expense  of  the  Orleans  Railroad  Company, 
and  to  immediately  report  the  same  and  the  cost  thereof 
to  the  Council.  And  in  the  event  of  a  refusal  by  the 
Orleans  Railroad  Company  to  pay  to  the  city  the  amount 
of  the  expenses  thus  incurred  for  making  such  repairs, 
the  said  amount  shall  be  recoverable  before  any  court  of 
competent  jurisdiction. 

Art.  2402.  (7)  The  Orleans  Railroad  Company  shall    sufficient 
furnish,  place  and  maintain  sufficient  number  of  pas-""™ 
senger  cars,  to  be  drawn  by   horses  or  mules,  and  to 


896  RAILROADS. 

have  drivers  as  aforesaid  so  as  to  make  trips  up  and 
down  said  roads,  as  hereinbefore  required,  and  shall 
also  provide  for  all  materials,  labor,  etc.,  required 
for  the  construction  and  maintenance  of  said  roads.  The 
rate  of  fare  between  the  starting  point  at  Canal  street 
and  Bayou  St.  John,  or  for  any  distance  between  said 
points,  or  any  portions  of  said  railroad,  shall  not  exceed 
five  cents  per  passenger,  which  shall  be  deposited  in  the 
Fare.  f^^^B  box  by  cvcry  passenger  on  entering  the  car.     But 

should  the  said  Orleans  Railroad  Company  deem  it 
proper  or  necessary  to  run  cars  from  the  hours  of  mid- 
night to  daylight,  the  rate  of  fare  will  be  ten  cents  per 
passenger. 

Lines  and     The  coustruction  and  repairs  of  said  road,  as  af ore- 
grades. 

said,  shall  be  in  accordance  with  the  lines  and  grades  to 

be  given  by  the  City  Surveyor  and  shall  be  done  to  the 
entire  satisfaction  of  the  Commissioner  of  Public  Works 
and  the  said  City  Surveyor. 
Trunk  lines.  Art.  2403.  (8)  The  city  of  Ncw  Orlcaus  rcscrvcs  the 
right  to  permit  the  use  of  short  portions  of  said  Orleans 
Company's  road  as  a  main  trunk  by  other  companies, 
whenever  for  want  of  street  room  the  City  Council  may 
find  it  necessary  to  grant  such  right ;  and  the  Orleans 
Railroad  shall  have  and  are  hereby  granted  the  right  to 
run  and  to  continue  to  run  its  cars  on  such  portions  of 
the  tracks  of  other  companies  in  the  city,  now  or  here- 
after designated  as  a  main  trunk  track,  as  the  trunk 
track  on  Canal  street.  In  all  such  cases,  whether  of 
those  portions  of  the  Orleans  Railroad  Company's  tracks 
or  of  the  use  by  them  of  the  trunk  tracks  of  other  roads, 
there  shall  be  paid  to  the  company  owning  the  portions 
of  the  road  thus  used  a  fair  and  reasonable  proportion 
of  the  value  of  the  proportions  of  the  tracks  so  used ; 
said  proportion  to  be  ascertained  and  fixed  by  two  disin- 
terested persons,  one  to  be  appointed  by  the  railroad 
company  owning  the  portions  to  be  used,  and  the  other 
by  the  railroad  company  wishing  to  use  it ;  and  in  the 
event  of  a  disagreement  a  third  person  or  umpire  shall 
be  appointed  by  the  District  Court  in  the  city  of  New 
Orleans,  the  decision  thereby  had  to  be  final  and  bind- 
ing. 


RAILROADS. 


897 


Art.  2404.  (9)  The  Orleans  Railroad  Company  shall    Taxes, 
pay  into  the  City  Treasury,  upon  the  assessed  value  of 
«aid  roads  and  fixtures,   the  annual  tax  levied  on  real 
estate,  and  the  value  of  said  roads  and  fixtures  shall  be 
assessed  by  the  usual  way  and  mode  of  assessment. 

Art.  2405.  (10)  It  is  understood  that  in  case  of  failure  Default. 
<of  the  said  Orleans  Railroad  Company  to  carry  out  the 
provisions  of  this  ordinance  in  all  its  points,  the  Council 
of  the  city  of  New  Orleans  shall  have  the  right  to  annul 
the  contract  passed  in  accordance  herewith,  without 
putting  the  said  Orleans  Railroad  Company  in  default, 
as  required  by  Article  1911  of  the  Revised  Civil  Code  of 
Louisiana,  and  without  applying  to  a  court  of  justice  to 
annul  the  same,  and  without  indemnity;  it  is  well 
understood  that  in  case  of  annulment  of  this  contract  by 
the  Council,  for  any  cause  whatsoever,  the  city  of  New 
Orleans  shall  have  the  right,  after  payment  of  the  ap- 
praised value  of  said  property,  to  sell  the  rights  of  way 
and  privileges  herein  granted. 

Art,  2406.  (11)  The  said  railroads,  rolling  stock,  Reversion, 
equipment  and  fixtures  to  revert  to  the  city  of  New  Or- 
leans at  the  expiration  of  twenty-five  years'  extension, 
of  privileges  herein  granted,  on  a  valuation  to  be  ascer- 
tained by  two  disinterested  persons,  one  to  be  appointed 
by  the  Orleans  Railroad  Company  and  the  other  by  the 
city  of  New  Orleans,  and  in  the  event  of  a  disagreement 
between  said  persons  thus  appointed,  a  third  party  or. 
umpire  shall  be  appointed  by  one  of  the  divisions  of  the 
Civil  District  Court  for  the  parish  of  Orleans,  the  de- 
cision thereby  had  to  be  final  and  binding. 

Art.  2407.  (12)  It  shall  be  and  it  is  hereby  made  the  Duty  of  Mayor 
duty  of  the  Mayor  of  the  city  of  New  Orleans  to  make 
and  enter  into  a  notarial  act  with  the  said  Orleans  Rail- 
road Company,  wherein  and  whereby  the  said  Mayor  of 
the  city  of  New  Orleans  shall,  in  and  by  the  said  nota- 
rial act,  grant  and  confirm  unto  said  Orleans  Railroad 
Company  the  rights,  privileges  and  extension  of  their 
right  to  carry  on  and  operate  the  said  railroad  company 
for  and  during  the  full  term  of  twenty-five  years,  from 
the   1st   of    July,  1887,  herein   and   hereby   made   and 


898  RAILROADS. 

granted  unto  the  said    Orleans    Railroad   Company,  for 
and  in  consideration  of  the  sum  of  ten  thousand  dollars 
($10,000),  payable  in  five  years,  in  yearly  instalments 
of  two  thousand  dollars  ($2000)  per  year. 
haTmies°s'^  city     Art.  2408.  (13)  That  if  anything  in   the  above  pro- 
ib.  visions  should  result  in  injury  to  private  property  or  be 
in   conflict    with    the    rights    or  privileges  Jieretofore 
granted  by  the  city  to  any  person  or  company,  the  said 
company,  by  its  acceptance  of  this  ordinance,  binds  it- 
self to  equitably  settle  all  such  injuries  and  to  hold  the 
city  harmless  from  all  damages  or  reclamations  whatso- 
ever arising  from  such  conflict. 
Take  effect.        Art.  2409.  (14)  And  that  this  ordinance  shall  be  in 
'force  and  take  effect  from  and  after  its  passage. 

ELECTRIC   FRANCHISE. 

Authority  to  Art.  2410.  (1)  That  the  Comptroller  be  and  he  is 
S!no!*i 1, 56s,  hereby  authorized  and  directed  to  advertise,  according 

Nov*.  5, 189s,  ^^  ^^^'  ^^^  ^^^^  ^^  block  at  public  auction,  to  the  highest 
bidder,  for  cash,  the  following-described  franchise  for  a 
term  of  fifty  years,  over  the  streets  herein  described ;  pro- 
vided, however,  that  all  bids  shall  be  subject  to  rejection 
by  the  Citv  Council. 

Route.  Art.  2411.  Commencing   at  the   intersection  of  Du- 

*maine  street  and  Bayou  St.  John,  and  connecting  with 
the  existing  tracks  of  the  Orleans  Railroad  Company,  on 
Dumaine  street,  thence  across  the  Bayou  St.  John  and 
through  the  continuation  of  Dumaine  street  from  Bayou 
St.  John  to  Metairie  road,  connecting  with  the  tracks  of 
the  New  Orleans  City  &  Lake  Railroad  Company  now 
existing,  and  thence  over  the  tracks  of  the  said  New  Or- 
leans City  &  Lake  Railroad  Company  on  Metairie  road 
to  the  intersection  of  Metairie  road  and  the  New  Orleans 
Navigation  Canal,  returning  through  Metairie  road  over 
the  tracks  of  the  New  Orleans  City  &  Lake  Railroad 
Company  on  Metairie  road  to  Dumaine  street,  thence  by 
double  track  through  Dumaine  street  to  Bayou  St.  John 
and  across  the  bridge  over  same,  thence  to  Ursulines 
street,  and  on  Ursulines  street  to  Broad  street,  and  con 


RAILROADS.  899 

necting  with  existing  tracks  owned  by  the  Orleans  Rail- 
road Company. 

Art.  2412.  Bidders  for  the   franchise,   before   being    Deposit.     • 
eligible  to  bid,  will  first  deposit  with  the  City  Treasurer  ^^' 

the  sum  of  $250,  either  in  currency  or  certified  check, 
the  receipt  for  which  will  be  exhibited  to  the  Comp- 
troller at  the  time  of  sale,  which  deposit  will  be  to  ensure 
the  signing  of  contract,  and  which  will  be  returned  to 
all  successful  bidders  on  the  adjudication  of  the  con- 
tract and  to  the  successful  bidder  on  the  signing  of  the 
contract. 

Art.  2413.  The  party  or  parties  to   whom   is  adjudi-    Bond, 
cated  the  contract  will  give  bond  with  good  and    solvent 
security  in  the  sum  of  $1000  to  ensure  faithful  perform- 
ance of  the  obligations  of   these  specifications. 

Art.  2414.  This  franchise  will  be  sold  at  public   auc-  Pubiic  auction, 
tion  by  the  Comptroller  in  the  City  Council  Chamber  at 
the  City  Hall  on  the  day  of   

Art.  2415.  This  franchise  is  for  a  term  of  fifty  years  Term  of  years, 
from  the  date  of   its  adjudication. 

Art.    2416.    All  new  tracks  which  are  constructed    Tracks, 
under  this  franchise,  as  also  existing  tracks  over   which 
the  franchise  operates,   shall   be  constructed   of   girder 
rail  of  a  pattern,  dimension  and  weight  to   be   approved 
by  the  City  Engineer. 

Where    the  tracks    of   the  road   are  laid  on  neutral    t  rails. 
ground,  T  rail  may  be  used,  to  be  approved  by  the  City 
Engineer,  as  to  shape,  dimensions  and  weight. 

Art.    2417.    The   ties   used   in   the  construction     to    Ties. 
be  not  less  than  six  inches  deep,  eight  inches  wide  and  ^^' 

eight  feet  long,  spaced  three  feet  centres. 

Art.  2418.  The  subgrade  under  the  tracks  where  subgrade. 
same  traverses  the  roadway  of  streets  will  be  planked 
with  one-inch  plank  the  full  width  of  the  tie  and  in  di- 
rection of  the  rail.  This  planking  to  be  of  a  good  qual- 
ity of  cypress,  free  from  sap ;  a  reasonable  amount  of 
peck  will  be  allowed.  All  of  the  wood  entering  into 
the  construction  will  be  of  a  quality  of  cypress  suitable 
for  the  position  which  it  occupies.  The  subgrade  to  be 
graded   perfectly   smooth,  uniform  and  even  and   per- 


Ib. 


900  RAILROADS. 

fectly  parallel  with  the  ^rade  given  by  the  City  En- 
gineer for  the  rail.  The  snbgrade  to  be  thoroughly 
uniform  as  to  solidity.  All  soft  and  spongy  places 
to  be  filled  with  bats,  gravel  or  other  hard  substance 
thoroughly  rammed. 

Special  work.  Art.  2419.  The  spccial  work  required  for  the  con- 
struction  of  this  road  to  be  of  the  most  improved  work- 
manship and  design,  and  the  plans  for  all  special  work 
to  be  prepared  by  the  company  and  approved  by  the 
City  Engineer  before  same  is  built. 

Girder  rail.  Art.  2420.  The  girder  rail  will  be  held  in  position 
by  thoroughly  spiking  on  either  side  to  each  tie,  and  by 
a  tie  rod  three-eighths  by  two  and  one-half  inches, 
spaced  not  over  six  feet  apart.  These  tie  rods  to  be 
forged  into  a  rod  at  the  ends  with  threads  on  same  and  se- 
cured to  either  rail  by  a  nut,  and  the  diameter  of  the  rod 
passing  through  the  rail  at  the  bottom  of  the  thread  to 
have  an  area  equal  to  the  body  of  the  rod. 

Guardrail.  ^.RT.  2421.  Ou  ucutral  grouud,  or  where  T  rail  is 
used,  there  will  be  provided  a  guard  rail  on  the  inside 
of  each  rail  of  each  track  extending  across  the  whole 
width  of  intersecting  streets,  and  the  space  between  the 
rails  and  between  the  tracks  across  intersections-  to  be 
planked.  The  planking  used  to  be  of  good  sound  yellow 
pine,  and  the  surface  of  the  planking  to  be  level  with 
the  surface  of  the  rail.  The  planking  used  for  this 
work  to  be  not  less  than  three  inches  thick. 

Paving.  Art.  2422.  Through  such  streets  as  are  now  unpaved 

'  the  space  between  the  tracks  and  between  the  rails  and 
for  a  distance  of  twelve  inches  on  the  outside  of  each 
outside  rail  will  be  planked.  The  planking  between  the 
tracks  and  rails  to  be  laid  at  right  angles  with  the  rails 
and  to  be  secured  to  proper  timbers  properly  secured  to 
the  tie.  The  planking  on  the  outside  of  the  rail  to  be 
not  less  than  four  inches  thick,  and  will  extend  in 
direction  of  the  rail.  The  balance  of  the  street  between 
the  gutter  and  the  rail  to  be  filled  in  and  graded  with 
earth. 

Gutters.  Art.  2423.  The  gutters  on  unpaved  streets  to  be  built 

^^'  of  wood  of  the  dimensions  and  to  the  grades  and  lines 


RAILROADS.  901 

^iven  by  the  City  Engineer.  The  bottoms  to  be  not  less 
than  two  inches  thick  and  the  sides  three  inches  thick, 
properly  constructed,  and  the  culverts  to  extend  the 
whole  width  of  the  street. 

Art.  2424.  On  streets  where  the  tracks  sold  under  cobbie-stone 
this  franchise  run  are  paved  with  cobble-stone,  the  space  '  ib. 
between  the  tracks  and  between  the  rails  will  be  paved 
with  cobble-stone,  and  such  portion  of  the  street  between 
the  rails  and  gutters  as  are  necessary  to  provide  proper 
conditions  for  the  passage  of  traffic  over  the  street  will 
be  raised  or  rearranged  and  the  {)aveinent  relaid  and 
the  gutters  where  necessary  reset,  so  that  when  the 
tracks  are  laid  the  street  will  be  in  position  to  properly 
accommodate  the  traffic  passing  over  same. 

Art.  2425.  On  all  streets  the  ties  will  be  bedded  and    spaces;  how 
ballasted   with   a  good   quality   of  gravel,    thoroughly  ib. 

rammed  and  solidified,  and  where  the  tracks  are  planked 
the  space  between  the  gravel  and  planking  to  be  thor- 
oughly and  solidly  filled  with  either  gravel  or  good 
earth  and  thoroughly  rammed. 

Art.  242G.  Through  all  streets  which  are  paved  with  square  block 
s(|uare  block,  the  pavement  which  is  taken  up  will  be  *  "^^  '  ib. 
relaid  in  the  most  thorough  and  substantial  manner, 
and  such  portions  of  the  street  as  it  is  necessary  to  raise 
for  the  proper  passage  of  traffic  will  be  taken  up  and 
relaid.  Any  new  stone  required  to  properly  repave 
these  streets  which  are  paved  with  square  block  will  be 
furnished  and  laid  by  the  purchaser  of  this  franchise. 
Xo  cuttings  to  be  used  excepting  where  ret^uired  to  prop- 
erly connect  the  work  with  tracks  or  existing  work. 

Art.  2427.  Where  the   tracks    sold  under   this  fran-    other  tracks 
chise  connect  with  and  pass  over  tracks  owned  by  other  "°^^^^-      ^^^ 
corporations  the  purchaser  of  this  franchise  will  arrange 
for  such  use  without  any  expense  or  trouble  to   the  city 
of  New  Oilcans. 

Art.  2428.  All  .streets  which  are  now  paved  with  col)-    Un  p  ave  d 
ble-stone   or   which   are   unpaved,  through    which    the^"^"  '       ib. 
tracks  of  this  franchise  pass,  when  same  shall  be  paved 
or  repaved  with  a  good  substantial  pavement,  the  space 
between  the  tracks  and  rails  and   for   a  distance  of  one 


902  RAILROADS. 

foot  on  the  outside  of  each  outside  rail  will  be  paved 
with  the  same  material  with  which  the  balance  of  the 
street  is  paved,  except  where  streets  are  paved  with 
gravel  or  chert,  when  the  space  between  the  tracks  and 
rails  and  for  a  distance  of  twelve  inches  on  the  outside 
of  each  outside  rail  will  be  paved  with  Belgian  block  on 
concrete  base,  according  to  specifications  on  file  in  the 
office  of  the  City  Engineer.  This  paving  between  tracks 
and  rails  and  for  a  distance  of  twelve  inches  on  the  out- 
side of  each  outside  rail  to  be  done  at  the  expense  of  the 
purchaser  of  this  franchise. 

Drainage.  Art.  2429.  The  rails  or  other  members  entering  into 

the  construction  of  the  tracks  under  this  franchise  will 
be  so  constructed  and  so  arranged  as  not  to  interfere 
with  existing  drainage.  To  this  end,  where  necessary, 
the  rails  will  be  cut  where  crossing  culverts  and  provi- 
sions made  to  properly  span  the  conduits  necessary  for 
the  passage  of  the  drainage. 

Poles.  Art.  2430.  The    poles   carrying  the  feed  of   trolley 

^^'  wires  will  be  of  iron  or  wood,  as  directed  by  the  City 
Engineer,  said  poles  to  be  of  neat  design,  strong  and 
substantial,  and  will  be  imbedded  in  concrete.  The  lo- 
cation of  the  poles  to  be  approved  by  the  City  Engineer, 
and  all  damage  accruing  to  either  private  or  public  prop- 
erty in  the  erection  of  the  poles  will  be  made  good  by  the 
purchaser  of  this  franchise. 

Insulation  of  Art.  2431.  All  wircs  to  bc  thoroughly  iusulatcd  lu  thc 
lb.  most  improved  manner,  and  the  whole  system  of  wiring 
to  embody  the  most  improved  appliances  for  the  opera- 
tion of  cars  by  the  trolley  or  such  other  system  as  may 
be  approved. 

Trailers.  ^^  ^jj^  2432.  Motor  cars  may  haul  one  or  more  trailers. 
Cars  shall  stop  only  at  further  side  crossings,  and  shall 
not  wait  for  passengers  who  are  not  on  the  crossing 
ready  to  enter. 

Use  of  other     Art.  2433.  Where  poles  and  wires  have  already  been 

poles. 

lb.  erected  for  the  operating  of  cars  by  electricity  on  streets 
covered  by  this  franchise,  which  poles  and  wires  are 
owned  by  other  companies  or  persons,  the  purchaser  of 
this  franchise  shall  arrange  for  the  use  of  said  poles  and 


wires 


RAILROADS,  903 

wires  in  so  far  as  practicable,  and  shall  not  be  allowed  to 
erect  other  poles  than  those  existing  or  absolutely  neces- 
sary for  the  practicable  operation  of  the  road. 

Art.  2434.  The  speed  at  which  the  cars  shall  run,  as    speed.      ^^ 
also  the  time  between  running  of  cars,  will  be  as  deter- 
mined from  time  to  time  by  the  City  Council. 

Art.  2435.  The  cars  to  be  of  the  latest  approved  pat-    cars. 
tern  and  finish,  and  shall  at   all  times  be  kept  neat  and 
clean  and  in    good    operating   order,    and    shall  be  pro- 
vided with  proper  ventilation,  guards,  gates,  etc. 

Art.  2436.  The  purchaser  of  this  franchise  shall  have  switches,  tum- 

*  outs,  etc. 

the  right  to   construct,    with   the  approval  of  the  City  ib. 

Engineer,  the  necessary  switches,  turnouts,  side-tracks, 
etc.,  to  connect  the  tracks  of  this  franchise  with  tracks 
of  companies  existing,  as  also  to  connect  with  the  power 
house,  car  barn,  etc. 

Art.  2437.  At  points  where  the  tracks  of  other  street    crossings, 
roads  or  of  steam  roads   cross   the   tracks  of  this  road, 
the  crossings  shall  be  of  the  continuous  pattern. 

Art.  2438.  Each  motor   car  shall  carry   a  motorman  Mo«o«7nan  and 

*'  conductor. 

and  one  conductor,  and  both   of  these   men   to   be  uni-  ib. 

formed  by  the  company  operating  the  road. 

Art.  2439.  All  streets  through  which  the  tracks  under  streets  to  be 
the  provisions  of  this  franchise  run  shall  be  placed  in  class  order, 
first-class  order  as  above  enumerated,  with  the  different 
classes  of  material,  and  will  be  maintained  in  thoroughly 
good  order,  including  all  gutters,  wings,  gutter  bottoms, 
bridge  tops,  culverts,  etc.,  from  curb  to  curb,  for  the 
whole  period  this  franchise  is  enjoyed  by  the  purchaser 
or  his  heirs  or  assigns.     This  good  order  to  be  such  as 

Commissioner 

to  be  satisfactory  to  the  Commissioner  of  Public  Works,  of    Public 

1        •  ,.,,•-!  ,  11,  .  '  Works  sol  e 

who  IS  to  be  the  sole  judge  as  to  what  shall  constitute  iugde. 
proper  maintenance,  and  any  official  communication  ad- 
dressed by  him  to  the  party  having  in  charge  the  property 
conveyed  by  this  franchise  shall  receive  attention  within 
forty-eight  hours,  and  in  the  event  of  no  reply  or  re- 
sponse to  said  official  letter  of  said  Commissioner  of 
Public  Works  to  said  party  in  said  time,  the  Commis- 
sioner of  Public  Works  shall  officially  notify  the  presi- 
dent of  the  company  or   his   representatives,    according 


904  RAILROADS. 

^mLronS?™*  ^^  *^^  charter  of  the  company,  setting  forth  in  plain 
manner  what  is  required  to  be  done  to  comply  with  the 
obligations  of  the  said  purchaser  of  this  franchise,  his 
heirs  or  assigns ;  and,  if  after  three  days,  no  steps  are 
taken  or  no  agreement  is  reached  relative  to  the  matter 
in  hand  the  Commissioner  of  Public  Works  shall  cause 
to  be  made  the  repairs  or  the  construction  necessary, 
and  will  present  a  bill  for  the  cost  of  same  for  payment 
to  the  said  owners  of  the  franchise.  And  in  the  event 
of  failure  to  at  once  liquidate  the  debt,  the  amount  of 
said  bill  incurred,  in  accordance  with  the  above  restric- 
tions, shall  be  collected,  without  cost  or  trouble  of  any 
nature  or  kind  whatsoever,  from  the  bond  given,  it  being 
understood  that  the  wording  of  the  bond  shall  be  such 
as  to  admit  of  the  easy  and  successful  enforcing  of  the 
above-mentioned  provisions. 
Materials. ^^  ^rt  2440.  All  material  furnished  and  work  done  by 
the  purchaser  of  this  franchise  shall  be  first  class  in 
every  particular  and  to  the  entire  satisfaction  of  the 
City  Engineer,  who  shall  be  sole  judge  as  to  all  mate- 
rials and  workmanship,  and  the  whole  work  shall 
be  done  under  his  direction  and  to  lines  and  levels  given 
by  him. 
Police    and     Art.  2441.  The  purchascr   of  this  franchise  shall   in 

tions.'  the  execution  of   the  work  comply   with    all  police   and 

'  health  regulations  and  ordinances. 
Begin  and     Art.  2442.  The  purchascr  of  this  franchise  shall  begin 

comp  etc  wor^.  ^^j,j^  ^£  constructiou  withiu  one   year   from  adjudica- 
tion and  complete  same  within  six  months  thereafter. 

Electricity.        Art.  2443.   (1)  That  Ordinance   No.    1992,    Council 
c.  s.'    *''^^^^' Series,  adopted  on  the  26th  day  of  October,  1886,  be 
"^■*^'      "amended  so  as  to  permit  the  said  Orleans  Railroad  Com- 
pany to  use  as  a  motive  power  on  their  said    line  elec- 
tricity, under  such  specifications  as  may  be  made  by  the 
City  Surveyor. 
Duty  of  city     Art.  2444.  (2)  That  the  City  Surveyor  be  and  he  is 
lb.  hereby  directed  ts  draw  up  such  specifications  as  maybe 
necessary  to  carry  this   ordinance   into   effect   and   ta 
report  the  same  to  this  ('ouncil. 


RAILROADS.  905 

Art.  2445.  (3)  That  this  ordinance  shall  take  effect    Take  effect. 
from  and  after  its  passage. 

Art.  2446.  (1)  That  the  Orleans  Railroad  Company  be    Powerhouse. 

Ord.No.  io,s7S, 

and  is  hereby  authorized  to  cause  to  be  erected  an  c.  s. 
electric  motive  power  house,  with  all  such  steam  engines, 
boilers,  machinery,  connecting  water  pipes,  etc.,  with 
privilege  of  crossing  the  said  Carondelet  Walk  street,  to 
connect  the  said  pipes  to  the  Carondelet,  Canal  and 
Navigation  Company  Basin,  etc.,  as  may  be  necessary 
for  the  purpose  of  operating  their  cars  by  electricity,  the 
said  power  house  to  be  erected  on  Carondelet  Walk 
street,  between  Prieur  and  Johnson  streets,  and  to  place 
all  such  poles  and  wires  on  Carondelet  Walk  street, 
Johnson  street  to  Ursulines  street,  and  also  on  St.  Peter 
street  from  Burgundy  to  Dauphine  streets  for  operating 
the  electric  cars  as  may  be  necessary. 

Art.  2447.  That  this  ordinance  shall  take  effect  from    Take  effect, 
and  after  its  passage.  ^^' 

Art.  2448.  That  the  Orleans  Railroad  Company  are  Authorized 
hereby  authorized,  when  needs  be,  during  the  construe- operatloifs! " '^ 
tion  of  the  said  roads,  to  suspend  all  operations  of  said*^c.'s*^°'°''^^^' 
line  on  portions  of  said  road,  during  the  period  of  re-  ^^^  "*'  '^^' 
construction  and  rebuilding  of  said  road. 

Art.  2449.  That  the  City   Comptroller  advertise  dur-    saie  of  fran- 
ing  ninety  days,    as    required   by   law,    and    sell  to  themafne^Tu^et 
highest  bidder  at  auction,  a  street  railroad  franchise,  tosY^Jc^hVio 
run   from   Dumaine   street   across    Bayou   St.    John  toord!Nof'io',746, 
Metairie  road,  up  Metairie  road   to    the   New  Basin,  on    May' 24, 189s, 
existing  tracks,  and  back  to   Dumaine  street   to  Dorge- or'd!"No^^lo,l2^, 
nois  street ;  also  from  St.  Peter  street  at  the  head  of  the  ^'  *• 
Old  Basin  to  Canal  street,  and  out   Canal    street  on  the 
tracks  of  the  Claiborne  Street  Railroad,    to  the  head  of 
Canal  street  at  Liberty  Station  and  back  to  Basin  street 
at  St.  Peter  with  a  double  track. 

Art.  2450.   (2)  That  the  bidders  will  first  deposit  the    Deposit, 
sura  of  two  hundred   and  fifty  dollars,  and  will   give  ^^' 

bond  in  the  sum  of  one  thousand  dollars  for  the   faith- 
ful performance  of  the  obligations  herein  assumed. 

Art.  2451.  (3)  That  the  said  successful  bidder  will  street  repairs, 
keep  the  streets  through  which  said  railroad    shall   run  ^^' 

in  good  repair  and  comply  with  existing  ordinances. 


906  RAILROADS. 

Fifty  years.  Art.  2452.  (4)  That  Said  franchise  shall  be  sold  for 
the  term  of  fifty  years  from  the  date  of  its  adjudication. 

Take  effect.^  Art.  2453.  (5)  That  tMs  Ordinance  shall  take  effect 
from  and  after  its  passage. 


Neiv  Orleans,  Spanish  Fort  c&  Lake  Railroad. 

(Formerly  Canal  Street,  City  Park  &  Lake  Railroad  Company.) 

Right  of  way.     Art,  2454.  (1)  That    the    right    of   way   be  and   is 
M"ay',ti78;     hereby  granted  to  the  Canal  Street,  City  Park  &  Lake 
Railroad  Company  to  lay  a  single  or  double  track  pas- 
senger and  freight  railroad  through  the  following-named 
streets,  to -wit: 

Route,  Commencing  at  the  neutral  ground  on  Basin  street, 

Second  District,  at  its  intersection  with  Canal  street, 
thence  along  said  neutral  ground  to  Bienville  street, 
thence  in  and  along  Bienville  street  to  St.  Patrick  street, 
thence  in  and  along  St.  Patrick  street  to  the  west  bank 
of  Orleans  canal,  thence  along  Orleans  street,  on  the 
west  side  of  the  canal  to  May  street,  near  the  lake  shore  ; 
thence  in  May  street  to  Genois  street,  thence  in  Genois 
street  to  Bayou  St.  John,  returning  in  the  same  street  to 
the  west  bank  of  Orleans  Canal,  thence  along  said  bank 
on  the  west  side  of  Orleans  street  to  the  intersection  with 
Bernadotte  street  and  Metairie  road,  thence  along  Ber- 
nadotte  street  to  its  intersection  with  Bienville  street,  to 
Claiborne  street,  thence  in  neutral  ground  to  Custom- 
house street ;  thence  in  and  along  Customhouse  street  to 
the  neutral  a:round  on  Basin  street,  thence  to  the  start- 
ing point  at  Canal  street.  The  rights  and  privileges  be 
and  are  hereby  granted  for  the  term  of  twenty-five  years 
from  the  date  of  the  passage  of  this  ordinance,  upon  the 
following  conditions  : 

(a)  The  rails  used  in  the  construction  of  said  road 
shall  be  of  the  T  rail  pattern,  and  to  weigh  at  least  twenty 
pounds  to  the  yard,  and  to  be  laid  on  crossties;  pro- 
vided, however,  that  the  rail  will  be  laid  in  such  man- 
ner to  allow  a  free  passage  of  vehicles  along  and  across 
the  rail  from  Basin  to  Broad  street,  and  on  every  street 


Term  of  grant 


RAILROADS.  907 

of  the  route,  whenever  the  street  shall  be  graded  by  the 
city  authorities, 
(h)  That  the   lines  and  levels  of  the  road  to  be  located    Lumber  and 

materials. 

and  marked  by  the  City  Surveyor,  approved  by  the 
Council ;  the  lumber  and  materials  used  in  the  construc- 
tion of  said  road  and  bridges  to  be  approved  by,  and 
the  road  to  be  constructed  under  the  supervision  of  the 
Administrator  of  Improvements  and  the  City  Surveyor ; 
and  that  should  it  ever  be' deemed  necessary  to  lower  or    change  of 

•^  grade. 

change  the  grade  of  any  part  of  said  railroad  the  same 
shall  be  done  at  the  expense  of  the  company. 

(c)  The  company  may  use  either  the  Remington  car  Motive  power, 
and  engine,    Lamm's   thermo-specific    engine,  or  such 

other  as  may  be  approved  by  the  Council,  or  horse  or 
mule  power. 

(d)  The   rate  of  fare  from  Canal  street  to  the  City    j^^re. 
Park,  or  for  any  intermediate  distance,  shall  not  exceed 

five  cents  for  each  passenger,  and  from  the  City  Park  to 
the  Lake,  New  Canal  or  Milneburg,  or  for  any  interme- 
diate distance  the  fare  shall  not  exceed  five  cents  for 
each  passenger.  The  same  rates  for  returning.  The 
fare  on  the  lake  shore  levee  shall  not  exceed  five  cents 
for  any  distance,  going  or  coming. 

(e)  The  rate  of  speed  not  to  exceed  six    miles  per 

hour  from  Basin  street  to  Broad  street;  provided,  that  ^p^^*^- 
the  rate  of  speed  on  any  part  of  the  road  may  hereafter, 
at  any  time,  be  limited  by  the  City  Council  to  six  miles 
per  hour,  and  that  the  Council  may  prescribe  rules  and 
points  for  landing  and  receiving  passengers ;  and  the 
said  grantee  shall  run  one  car  at  least  every  half  hour 
from  each  end  of  the  road,  from  6  a,  m.  until  9  p.  m., 
and  from  April  to  September  run  a  car  every  hour  from 
9  p.  M.  until  12  p.  M. 

(/)    The  road,   cars  and  fixtures  are  to  be  assessed    Annual  tax. 
and  made  to  pay  an  annual  tax  as  other  property  of  like 
value. 

(g)    On  the  expiration  of  said  right  of  way  the  road.    Right  of  re- 
rolling  stock,   equipments,   depot  and  fixtures  may  be 
taken   by  the  city  at  an  appraised  value,  to  be  ascer- 
tained in  the  following  manner:  Two  disinterested  per- 


908  RAILROADS. 

sons,  one  to  be  appointed  by  the  city  and  the  other  ))y 
the  said  grantee,  shall  fix  said  value,  and   in  the  event 
of  disagreement,  an  umpire  shall  be  selected  by  said  ap- 
praisers, whose  decision  shall  be  final;  provided,  when 
the  said  two  appraisers  fail  to  agree  upon  an  umpire  he 
shall  be  selected  by  a  judge  of  one  of  the  district  courts 
of  the  parish  of  Orleans, 
ke^'^^ifgoo^'d      ('0    That  said  grantee  shall   keep   the  streets   and 
condition.        public  placcs  as  may  be  occupied  by  the  tracks,    side- 
tracks, turnouts,  turntables  and  switches  in  good  order 
and  condition  from  curb  to  curb. 
Commence-      /j\     rpj^g  work  of   coustructiou  of  Said  railroad  shall 

ment  and  com-        v    / 

pietionofwork.  (jQjjjjjjgQgg  ^^^jjjj^  thirty  day s  after  the  passage  of  this 
ordinance  and  be  completed  from  Canal  and  Basin 
streets  to  the  lake  shore  and  in  running  order  within 
sixty  days  from  and  after  the  passage  of  this  ordinance. 
In  case  the  road  is  not  commenced,  completed  and  in 
actual  operation  withm  the  time  specified,  the  rights 
and  privileges  hereby  granted  shall  be  null  and  void. 
And  that  part  of  the  road  from  the  mouth  of  Orleans 
Canal  to  the  New  Canal,  and  from  the  mouth  of  the  Or- 
leans Canal  to  Milneburg,  shall  be  completed  and  in  ac- 
tual operation  within  two  years  from  the  passage  of  this 
ordinance,  under  the  penalty  of  the  forfeiture  of  the 
right  of  way  for  such  portion  of  the  road  along  the 
lake  shore. 
City  not  re-  (j)  That  uothiug  in  this  ordinance,  or  in  the  grant  of 
right  of  way,  or  other  rights,  or  in  the  notarial  act, 
made  in  pursuance  of  this  ordinance  shall  be  construed 
as  binding  the  city  of  New  Orleans,  or  making  the  said 
city  liable  directly  or  in  warranty  .for  any  claims  of 
citizens  or  corporations  on  account  of  said  ordinance?;, 
grant  or  notarial  act,  or  any  claim  for  infringements  of 
rights  or  damages  to  persons  or  property  caused  by  the 
grantee,  or  in  any  way  resulting  from  the  construction 
and  operation  of  said  railroad  by  the  said  grantee ;  nor 
for  any  claim  for  damages,  losses  or  injuries  sustained 
by  the  said  grantees  in  case  they  should  be  deprived  of 
their  rights  or  be  interfered  with  in  the  exercise  thereof, 
by  any  person  whatsoever,  save  it  be  by  the  lawful  con- 


RAILROADS.  909 

stituted  authorities  of  the  city ;  nor  shall  the  said  city- 
be  liable  for  any  work  or  material  used  in  paving  or  re- 
pairing streets  in  pursuance  of  this  grant,  or  under  the 
direction  of  and  contract  with  said  grantee. 

(A-)  That  nothing  in  this  grant  or  privileges  granted    Plans  of  de- 
shall  be  construed  as  authorizing  said  grantees  the  right 
or  privileges  of  erecting  any  depots,   sheds  or   station 
houses   or  buildings,  without    plans  and   sites  of   the 
same  be  submitted  to  the  Council  for  their  approval. 

(I)  That  the  city  of  New  Orleans  reserves  the  right  Restrvation. 
to  use  the  said  railroads  as  a  main  trunk  for  other  rail- 
roads, which  the  city,  from  time  to  time,  orders  to  be 
constructed,  by  reimbursing  to  the  contractor  a  fair  and 
reasonable  proportion  of  the  value  of  the  portions  of  the 
roads  thus  used  ;  said  proportion  to  be  ascertained  and 
fixed  by  two  disinterested  parties,  one  to  be  appointed 
by  the  city  and  the  other  by  the  contractor,  aud  in  the 
event  of  a  disagreement  as  to  said  proportion  to  be  paid 
by  the  city  between  said  persons  thus  appointed,  a  third 
person  or  umpire  shall  be  appointed  by  one  of  the  dis- 
trict courts  of  and  in  the  city  of  New  Orleans,  the  de- 
cision thereby  had  to  be  final. 

See  Ordinances  2264,  2538,  A.  S..  August,  1873;    A.  S.,  March, 
1874:  3146,  A.  S.,  June,  1875. 


across 
Orleans  caaal. 


Art.  2455.  That  the  privilege  is  hereby  granted  to  Bridge 
the  Canal  Street,  City  Park  &  Lake  Railroad  Company  ^I^s."4449. 
to  erect  a  new  bridge  across  the  Orleans  Canal,  near  its  ^^"''  '^^*' 
terminus  at  Lake  Pontchartrain,  a  distance  not  exceed- 
ing 150  feet  from  the  present  bridge,  as  per  plan  hereto 
attached  and  approved  by  the  City  Surveyor;  provided, 
that  the  said  company  shall  agree  to  remove  or  have  re- 
moved at  any  time,  at  their  own  cost,  after  ten  days' 
notice  from  the  Administrator  of  Lnprovements,  such 
portion  of  such  bridge  as  shall  leave  a  clear  opening  of 
thirty-five  feet  for  the  passage  of  dredgeboats  in  and  out 
of  the  canal. 

Art,    245G.     That    permission     be     and    is     hereby    To  change 
granted  to  the  Canal   Street,  City   Park  &    Lake  Rail-  ""T^l."  4482. 
road  Company  to  change  the  curves  on  said  road  at  the    ''^p^'-'^^s. 
following-mentioned  places,  viz. :  at  the  corner  of  Basin 


910  RAILROADS. 

and  Customhouse  streets,  corner  of  Basin  and  Bienville 
streets,  corner  of  Customhouse  and  Claiborne  streets 
and  corner  of  Bienville  and  Claiborne  streets ;  provided, 
that  said  changes  shall  be  made  according  to  the  lines 
and  grades  to  be  furnished  by  the  City  Surveyor. 
A^s.wo?'  ^^'^-  2457.  That  permission  be  and  is  hereby 
May,  1879.  granted  to  the  New  Orleans,  Spanish  Fort  &  Lake  Rail- 
road Company  to  erect  four  ornamental  iron  posts  or 
pillars  upon  tTie  neutral  ground  of  Basin  street  at  the 
line  of  its  junction  with  Canal  street,  for  the  purpose 
of  supporting  an  ornamental  cornice  or  gable  to  the 
canvas  shed  or  cover,  which  is  already  established  at  the 
city  terminus  of  said  railroad,  the  outside  pillars  to  be 
eight  feet  in  height  and  the  inside  ones  to  be  from 
Lamp  post  ^wclvc  to  sixtccu  fcct  iu  height.  Permission  is  also 
granted  to  said  company  to  erect  an  ornamental  lamp- 
post with  lamp  upon  the  banquette  of  Canal  street  in 
front  of  said  terminus,  at  a  point  to  be  designated  by 
the  City  Surveyor,  the  cost  of  lighting  said  lamp  to  be 
at  the  expense  of  the  company ;  and  further,  the  said 
company  is  authorized  to  remove  the  present  coal  shed 

Coal  shed,  ,  .    ,     /     .  ,  -  -  ^  -n,       . 

which  IS  situated  on  the  neutral  ground  on  Basm  street, 
adjacent  to  the  terminus  of  said  railroad,  to  some  point 
on  said  neutral  ground  nearer  Customhouse  street ;  pro- 
vided, all  the  above-mentioned  improvements  be  made 
according  to  plans  and  specifications  to  be  furnished  l)y 
the  City  Surveyor. 
^To  alter  and  Art.  2458.  (1)  Whcrcas,  The  New  Orleans,  Spanish 
A.  s.  627s.  Fort  &  Lake  Railroad  Company,  successor  by  purchase 
of  the  rights,  franchises,  grants  and  privileges  of  tlit 
late  Canal  Street,  City  Park  &  Lake  Railroad  Company, 
has  become  owner  of  the  certain  portion  of  ground  sit- 
uated in  the.  square  bounded  by  Bienville,  Bernadotte. 
Conti  and  St.  Patrick  streets,  measuring*  319  feet  s 
inches  and  6  lines  front  on  Bienville  street  and  on  oppo- 
site side  line,  by  a  depth  and  front  on  Bernadotte 
and  St.  Patrick  streets  of  137  feet  1  inch;  and,  whereas, 
the  curve  of  the  tracks  of  the  railroad  at  the  corner  of 
Bienville  and  Bernadotte  streets  is  abrupt  and  difficult, 
the  said   company  is,  therefore,  hereby  authorized  and 


RAILROADS. 


on 


empowered  to  alter  aud  change  the  said  tracks  and  bed 
of  said  road  so  that  the  same  shall  run  across  the  por- 
tion of  ground  above  described,  and  to  make,  under  the 
direction  and  approval  of  the  City  Surveyor,  such  altera- 
tions in  the  grade  of  said  streets  as  may  be  necessary 
to  effect  said  change;  it  being,  however,  understood 
that  nothing  shall  be  done  by  virtue  of  this  ordinance 
which  shall  in  any  wise  interfere  with  the  drainage  or 
free  use  by  the  public  of  said  streets. 

Art.  2459,  (2)  That  said  company  is  hereby  author- 
ized to  remove  their  track  on  St.  Patrick  street,  and  to 
lay  a  double  track  on  Bernadotte  street  from  Bienville 
street  to  Orleans  avenue;  provided,  said  railroad  com- 
pany shall  keep  said  Bernadotte  street,  on  which  the 
double  track  is  to  be  constructed,  in  good  repair  from 
curb  to  curb ;  and  provided  further,  that  the  rails  shall 
be  laid  in  such  a  manner  to  allow  free  passage  of  vehi- 
cles along  and  across  the  rails  along  Bernadotte  street, 
from  Bienville  street  to  Orleans  avenue ;  the  work  to  be 
done  under  the  supervision  of  the  City  Surveyor,  and  to 
the  satisfaction  of  the  Administrator  of  Commerce  and 
Administrator  of  Improvements. 

Art.  2460.  That  from  and  after  the  passage  of 
this  ordinance  the  New  Orleans  City  Railroad  and  the 
Spanish  Fort  &  Lake  Railroad  Companies  be  required 
on  Sundays  and  excursion  days  to  have  at  least  one  con- 
ductor for  every  two  cars  attached  to  the  dummy 
engine,  whose  duty  it  will  be  to  prevent  any  of  the 
passengers  from  standing  on  the  platform  of  any  of  the 
cars  while  in  motion.  That  for  each  and  every  violation 
of  this  section  by  either  company  said  company  so 
offending  shall  be  fined  in  a  sum  not  to  exceed  twenty- 
five  dollars,  recoverable  before  any  court  of  competent 
jurisdiction. 

See  Ordinances  6570,  A.  S.,  July,  1880;  6731  A.  S.,  December. 
1880. 


T  o    remove 


Conductors. 
A.  S.  6528. 
June,  1880. 


Penalty. 


ST.    CHARLES   STREET   RAILROAD. 

Art.  2461.  (1)  That  in  consideration  of  the  offer  of    Grant  of  right 

of  WtK'V 

the  St.  Charles  Street  Railroad   Company  to  pay  three   ord.  N0.6971, 
hundred  thousand  dollars  ($300,000)  cash  for  the  fran- 


912  RAILROADS. 

chise  and  right  of  way  of  the  following  lines  of  street 
railroads,  their  curves,  switches,  turntables,  sidetracks 
and  other  appurtenances  as  they  now  exist,  to-wit : 

Baronne  and  Carondelet  Line. 

Dryades  and  Rampart  Line. 

Clio,  Erato,  Royal  and  Bourbon  line. 
Term  of  grant.  (^)  ^jj(j  jj^  further  Consideration  of  the  agreement 
of  the  St.  Charles  Street  Railroad  Company  to  relin- 
quish all  of  its  rights  and  franchises  under  its  former 
contracts  with  the  city  of  New  Orleans,  the  above  spe- 
cially-named franchises  and  rights  of  way  be  and  are 
hereby  granted  to  said  St.  Charles  Street  Railroad  Com- 
pany for  the  space  and  term  of  twenty-five  years  from 
date,  and  said  company  further  be  and  is  hereby  re- 
leased and  fully  discharged  from  any  and  all  of  its 
obligations  to  the  city  of  New  Orleans  under  its  former 
contracts. 
Mayortosign  (ft)  That  the  Mayor  be  and  is  hereby  authorized  and 
instructed,  on  payment  of  said  sum  of  $300,000,  to  sign 
a  contract  by  notarial  act  with  said  St.  Charles  Street 
Railroad  Company  for  the  sale  and  delivery  of  said 
franchises  and  right  of  way,  subject  to  the  conditions 
and  terms  of  the  specifications  now  on  file  in  the  office 
of  the  Administrator  of  Commerce. 
Discharge  of     (c)  And  that  in  said  notarial  act  said  Mayor  be  and  is 

allofitsobliga-        ^   (  ,         .        ,  ,      .  ^  "^  .,   „ 

tions.  hereby   authorized   and   instructed  to  grant  to  said  St. 

Charles  Street  Railroad  Company  full  receipt,  quittance 
and  discharge  of  any  and  all  of  its  obligations  of  any 
kind  whatever  to  said  city  of  New  Orleans. 

Acceptance  of.     Art.  2462.  (2)  That  the  St.  Charles   Street  Railroad 

Ord.  No.  6376,  '^     ■' 

A-.  s.  Company  shall  accept  the  provisions  of   Ordinance   No. 

6736,  A.  S.,  passed  December  8,  1880,  with  reference  to 
dividing  said  company's  tracks  on  St.  Charles  and  Ca- 
rondelet streets  with  the  Crescent  City  Railroad  Com- 
pany, and  that  the  acceptance  of  said  Ordinance  No. 
6736  is  hereby  made  a  part  of  this  ordinance  and  the 
contract  arising  thereunder. 

Art.  2463.  (a)  That  in  consideration  of  the  forego- 
ing, and  by  virtue  of  the  power  in  him  vested  by  Or- 
dinance  No.  6971,  the   Honorable  Jos.  A.  Shakspeare, 


RAILROADS.  913 

Mayor  of  the  city  of  New  Orleans,  and  herein  acting  in    Act  of  sale 
such  capacity  of   Mayor,  and   also  came  and  appeared  rightof  way  and 

privileges, 

Alden  McLellan,  president  of  the  St.  Charles  Street  Rail- 
road Company,  a  corporation  organized  under  the  laws  of 
this  State,  and  having  its  domicile  in  the  city  of  New  Or- 
leans, herein  acting  under  and  by  virtue  of  his  authority 
as  president  of  said  corporation,  as  also  by  virtue  of  a 
resolution  adopted  by  the  board  of  directors  of  said 
corporation,  at  a  meeting  held  by  them  on  the  fourth 
day  of  April,  in  the  year  of  our  Lord  eighteen  hundred 
and  eighty-one,  a  copy  of  which  is  hereunto  annexed  for 
reference. 

(&)  And  the  said  Joseph  A.  Shakspeare,  Mayor  as 
aforesaid,  declared  that  under  and  by  virtue  of  the  au- 
thority in  him  vested  by  resolution  or  ordinance  num- 
ber six  thousand  nine  hundred  and  seventy-one,  passed 
by  the  Honorable  the  Council  of  the  city  of  New  Or- 
leans, on  the  eleventh  day  of  April,  in  the  year  of  our 
Lord  eighteen  hundred  and  eighty-one,  and  approved 
the  same  day,  a  copy  of  which  is  hereto  annexed  for 
reference,  and  in  confirmation  of  the  sale  and  adjudica- 
tion therein  made  by  the  said  Council  of  the  city  of  New 
Orleans. 

(c)  He,  the  said  Mayor,  does  by  these  presents  grant  Term  of  grant, 
bargain,  sell  and  confirm  unto  the  said  St.  Charles  Street 
Railroad  Company,  for  the  consideration  and  upon  the 
terms  and  conditions  and  under  the  specifications  here- 
inafter stated  and  expressed,  the  franchises  and  right 
of  way  of  the  following  lines  of  street  railroads  in  the 
city  of  New  Orleans,  their  curves,  switches,  turntables, 
sidetracks  and  other  appurtenances  as  they  novv^  exist, 
to -wit : 

Baronne  and  Caroiidelet  Line. 

Dryades  and  Rampart  Line. 

Clio,  Erato,  Royal  and  Bourbon  Line, 
for  the -term  and  space  of  twenty-five  (25)  years  from 
the  date  hereof. 

Art.  2464.  (d)  And  the  said  St.  Charles  Street  Rail-  conditions 
road  Company  through  its  president,  duly  authorized  as  uonl^^^*"^^'*" 
aforesaid,  hereby  bind  and  obligate  themselves  in  their 


914  RAILROADS. 

corporate  capacity  as  aforesaid,  to  perform,  execute  and 
comply  with  all  the  conditions  and  stipulations  con- 
tained in  the  specifications  now  on  file  in  the  office  of 
the  Administrator  of  Commerce,  a  copy  of  which  is 
hereto  annexed  for  reference,  and  which  said  specifica- 
tions are  in  the  words  following,  to-wit : 

Art.  2465.  (e)  Specifications  submitted  under  Ordi- 
nance No.  6971,  Administration  Series,  entitled  an 
ordinance  for  the  sale  of  the  right  of  way,  to  maintain 
and  operate  a  street  railroad  on  St.  Charles  street  and 
other  streets  in  the  city  of  New  Orleans. 

Art.  2466.  (/)  The  right  of  way  and  franchise  are 
to  maintain  and  operate  a  street  railroad  on  the  follow- 
ing streets,  to-wit: 

Baronne  and  Art.  2467.  Commencing  on  St.  Charles  street  at  Canal 
lin^e!""  ^  ^  street,  thence  up  St.  Charles  to  Delord,  down  Delord 
to  Baronne,  up  Baronne  to  Philip,  up  Philip  to 
Baronne,  up  Baronne  to  Eighth,  or  to  the  company's 
private  property,  thence  to  Carondelet,  down  Caronde- 
let  to  Josephine,  down  Josephine  to  Carondelet,  down 
Carondelet  to  Canal,  up  Canal  to  the  starting  point  on 
St.  Charles  street,  with  privilege  to  and  from  Opera 
House,  via  Bourbon,  Toulouse  and  Royal  streets,  with 
all  tracks,  curves,  switches,  turntables,  sidetracks  and 
other  necessary  appurtenances. 

Dryades  and     Art.  2468.    Commencing   on   St.    Charles   street    at 

ampat  ine.  q^^^j  strcct,  thcucc  up  St.  Charlcs  to  Delord,  down 
Delord  to  Dryades,  up  Dryades  to  St.  Andrew,  up  St. 
Andrew  to  Baronne,  up  Baronne  to  Philip,  up  Philip  to 
Baronne,  up  Baronne  to  Eighth  street,  or  to  the  com- 
pany's private  property,  thence  down  Eighth  street 
to  St.  Denis,  down  St.  Denis  to  Philip,  up  Philip 
to  Dryades,  down  Dryades  to  St.  Andrew,  down  St. 
Andrew  to  Rampart,  down  Rampart  to  Canal,  up  Canal 
to  ^  the  starting  point  on  St.  Charles  street,  with  all 
tracks,  curves,  switches,  turntables,  sidetracks  and  other 
necessary  appurtenances. 

Clio,    Erato.     Art.  2469.  Commencing  on  Elysian  Fields   street  at 

Boudjonifne.'^  Peters,  thcuce  down  Elysian  Fields  to  Royal,  up  Royal 

to   and   across   Canal,  up  St.    Charles  to  Delord,  down 


RAILROADS. 


915 


Delord  to  Dryades,  up  Dryades  to  Clio,  down  Clio  to 
Magnolia  street  to  the  company's  stables,  up  Magnolia 
street  to  Erato,  up  Erato  to  Carondelet,  down  Caronde- 
let  to  and  across  Canal,  down  Bourbon  to  Esplanade,  up 
Esplanade  to  Decatur,  down  Decatur  to  Elysian  Fields, 
up  Elysian  Fields  to  the  starting  point  at  Peters  street, 
with  all  tracks,  curves,  switches,  turntables,  sidetracks 
and  other  necessary  appurtenances. 

Art.  2470.  The  tracks  shall  be  five  feet  two  and  five-    Trad 
eighth  inches  gauge,  and  three  feet  from  out  to  out  of 
rails. 

Art,  2471.  The  contractor  shall  be  bound  to  furnish,  Time 
place  and  maintain  on  said  railroad  a  sufficient  number 
of  cars,  to  be  drawn  by  horses  or  mules,  to  make  trips 
at  intervals  not  greater  than  every  five  minutes  from 
daylight  until  ten  (10)  o'clock  p.  m.,  and  every  twenty 
minutes  until  midnight. 

Art.  2472.  The  cars  to  be  of  the  most  approved  pat-    cars, 
tern,  and  to  seat,  if  a  single  car,  nine  persons  on  each 
side ;  if  a  double  car,  twelve  persons  on  each  side. 

Art.  2473.  The  rate  of  speed  not  to  exceed  six  miles 
per  hour,  each  car  to  be  closed  in  front  by  a  railing,  also 
to  have  a  prominent  light  in  front  and  a  bell  on  the  horse 
or  mule. 

Art.  2474.  All  material,  etc.,  for  the  maintenance 
and  operation  of  the  said  railroad  shall  be  furnished  by 
the  company. 

Art.  2475.  The  fare  on  the  Baronne  and  Carondelet 
and  the  Dryades  and  Rampart  lines  from  Canal  to  Eighth 
street  to  be  five  cents  each  way,  or  for  any  intermediate 
distance.  The  fare  on  the  Clio,  Erato,  Royal  and  Bour- 
bon line,  from  Elysian  Fields  to  Magnolia  street,  to  be 
five  cents  each  way,  or  for  any  intermediate  distance. 

Art.  2476.  The  lines  of  said  tracks  within  the  rails 
shall  be  paved  with  round  stones,  except  where  square 
stone  pavement  exists,  or  may  hereafter  be  made,  in 
which  case  the  same  material  shall  be  used  for  paving 
within  the  rails  ;  when  the  paving  of  the  streets  where 
the  same  are  paved,  as  well  as  the  shelling  of  the  streets 
where  the  same   are  shelled,   shall   be  taken  up  for   the 


Speed. 


Paved  streets. 


916  RAILROADS. 

purpose  of.  repairs,  they  shall  be  replaced  in  the  same 
condition  as  formerly,  and  the  street  graded  to  a  proper 
grade,  to  be  furnished  by  the  City  Surveyor. 
Un  paved     Art.  2477.  Whcrevcr  tbe  streets  are   not  yet  paved 

streets.  "^  ^ 

the  line  of  the  track  within  the  rails  shall  be  paved 
either  wtih  round  stones,  or  with  four  by  five-inch  scant- 
ling in  best  workmanlike  manner,  and  the  space  between 
the  lines  of  track  and  gutter  of  the  earth  or  dirt  street, 
except  Dryades  street,  shall  be  planked  with  yellow 
pine  plank  three  inches  thick,  laid  on  stringers  of  four 
inches  thick  by  eight  inches  wide,  the  timber  used  to  be 
of  the  best  quality,  and  to  the  entire  satisfaction  of  the 
Administrator   of  Improvements  and  City  Surveyor. 

streets  and  Art.  2478.  The  Said  company  shall  be  bound  to  keep 
k"  p^t^^n  good  the  paved  and  unpaved  streets,  through  which  said  tracks 
pass,  as  well  as  the  bridges  on  said  streets,  in  good  re- 
pair and  condition,  from  curb  to  curb,  during  the  con- 
tinuance of  this  privilege  and  right  of  way. 

Rails.  Art.  2479.  The  rail  shall  be  of  the  same   pattern   as 

those  now  in  use ;  the  crossties  shall  be  of  yellow  pine 
six  by  eight  inches  and  eight  feet  long ;  the  stringers  to 
be  of  yellow  pine  four  by  eight  inches ;  all  of  the  best 
quality  of  lumber,  and  to  the  entire  satisfaction  of  the 
Administrator  of  Improvements  and  City  Surveyor. 

Penalty.  Art.  2480.  Should  the  company  at  any  time  refuse  to 

comply  with  any  or  all  the  requirements  of  these  speci- 
fications, or  fail  to  comply  with  the  notice  of  the  Ad- 
ministrator of  Improvements  and  the  City  Surveyor,  or 
refuse  or  neglect  to  keep  the  streets  and  bridges  in  good 
order  and  condition,  he  or  they,  or  their  authorized  re})- 
resentatives,  shall  be  subject  to  a  fine  of  twenty-five 
($25)  dollars  or  thirty  days'  imprisonment  for  each  and 
every  offence,  at  the  discretion  of  the  court,  said  fine  to 
be  recoverable  before  the  Recorder  of  the  Municipal 
District  in  which  the  offence  was  committed. 

Right  ot  re-  Art.  2481.  On  the  expiration  of  this  contract  the 
road,  rolling  stock,  equipments,  depots  and  fixtures  to 
be  taken  by  the  city  at  an  appraised  value,  the  city  and 
company  each  to  appoint  a  disinterested  person  to  assess 
the  value,  and  in  the  event  of  a  disagreement  the  Civil 


RAILROADS.  917 

District  Court  to  appoint  a  third  party,  whose  decision 
shall  be  final. 

Art.  2482.  This  contract,  in  conformity  with  the  Price  of  con- 
terms  of  the  aforesaid  and  annexed  resolution  of  the 
Board  of  Directors  of  the  St.  Charles  Street  Railroad 
Company  and  Ordinance  No.  6971,  A.  S.,  of  the  City 
Council,  is  made  and  accepted  for  and  in  consideration 
of  the  price  and  sum  of  three  hundred  thousand 
($300,000)  dollars,  paid  in  cash  by  the  said  company  at 
the  execution  of  these  presents  to  the  said  Joseph  A. 
Shakspeare,  who,  in  his  said  capacity  as  Mayor  of  the 
■city  of  New  Orleans,  hereby  acknowledges  receipt  there- 
of, and  grants  full  acquittance  and  discharge  therefor. 
And  for  further  consideration  of  the  release  and  dis- 
charge of  the  said  St.  Charles  Railroad  Company  by 
said  city  of  New  Orleans  from  any  and  all  of  its  ob-  Release  from 
ligations  to  said  city  arising  under  its  former  contracts,  [ractT.*^*^  *^°" 
the  said  St.  Charles  Street  Railroad  Company,  through 
its  duly  authorized  president,  the  said  Alden  McLellan, 
herein  acknowledging  delivery  of  said  franchise  and 
right  of  way  granted  to  them  as  aforesaid  by  the  city, 
does  by  these  presents  release  and  relinquish  unto  the 
city  of  New  Orleans  all  the  rights  and  franchises  of  said 
corporation  under  its  former  contract  with  said  city,  and 
binds  itself  to  faithfully  observe  and  comply  with  and 
hold  itself  amenable  and  subject  to  all  the  terms,  condi- 
tions and  penalties  stipulated  in  the  foregoing  specifica- 
tions, and  moreover  binds  itself  to  plank  all  mud  streets 
through  which  its  tracks  aforesaid  shall  pass,  with  the 
exception  of  Dryades  street,  in  accordance  with  the 
stipulations  more  particularly  set  forth  in  section  11  of 
the  foregoing  specifications. 

Art.  2483.  And  in  consideration  of  these  premises, 
and  under  the  further  authority  in  him  vested  by  the 
said  Ordinance  No.  6971,  A.  S.,  the  said  Joseph  A. 
Shakspeare,  in  his  aforesaid  capacity  of  Mayor,  does 
hereby  release  and  fully  discharge  the  said  St.  Charles 
Street  Railroad  Company  from  any  and  all  of  its  obliga- 
tions to  the  city  of  New  Orleans  under  its  former  con- 
tracts with  said  city. 


918  RAILROADS. 

Instructions.  Art.  2484.  That  the  City  Surveyor,  in  giving  the  lines 
of  the  Coliseum  street  route  of  the  Crescent  City  Rail- 
road Company  on  St.  Charles  and  Carondelet  streets,  is 
hereby  instructed  to  place  one  rail  on  each  side  of  the 
present  tracks  of  the  St.  Charles  Street  Railroad  Com- 
pany, at  the  proper  gauge,  thereby  fixing  the  tracks  of 
both  companies  at  an  equal  distance  from  the  centre  of  the 
street,  the  west  track  on  St.  Charles  street  and  east  track 
on  Carondelet  street  for  the  use  of  the  St.  Charles  Street 
Railroad  Company,  and  the  east  track  on  St.  Charles 
street  and  west  track  on  Carondelet  street  for  the  use  of 
the  Crescent  City  Railroad  Company. 

Cost  of  labor     Art.  2485.  That  all  the  labor  and  material  necessary 

and  material.  '' 

for  the  work  shall  be  at  the  expense  of  the  Crescent 
City  Railroad  Company,  and  the  change  made  in  such 
manner  as  shall  not  stop  the  running  of  the  cars  of  the 
St.  Charles  Street  Railroad  Company  or  impede  the  use 
of  the  streets. 
Proviso.  Art.  2486.  That  the  provisions  of  this  ordinance  shall 

not  deprive  the  Crescent  City  Railroad  Company  of  its 
rights  to  lay  its  tracks  as  now. 

Art.  2487.  That  the  St.  Charles  Street  Railroad  Com- 
eiectficity°  "^^  pauy  be  and  is  is  hereby  authorized  to  employ  electricity 
c. s.'    °'^^   'as  a  motive  power  in  propelling  its  cars  upon  and  over 
uE.  7.  i»94.  ^jj^  various  lines  of  railroad  operated  and  to  be  operated 
by  it  in  the  city  ;  provided,  that  in  the  reconstruction  of 
their  tracks  and  of  the  roadbed  the  same  shall  be  done 
in   accordance   with   the   specifications   adopted  by  the 
Council  of  the  city  of  New  Orleans,  1894,  and  on  file  in 
Accepting  the  office  of  the  City  Engineer. 
Charles  Street     Art.  2488.  That  the  bid  of  the  St.    Charles   Street 
pa*n/.  *     ""^  Railroad  Company  for  the  franchise  to  construct,  main- 
c.'s.°''°'  "*  'tain  and  operate  a  street  railroad   over   Dryades  street, 
p"  9. »  95-  £pQjjj  g^^  Andrew  street  to  Felicity  road ;   over  Felicity 
road,    from   Dryades  to  Rampart  street ;    over   Howard 
avenue,  from  Dryades  to   Rampart,    and   over  Rampart 
street,  from  Howard  avenue  to  Clio  street,  all  in  con- 
formity with  the  provisions  of  the  acts  of  the  Legisla- 
ture relative  to  advertising  the  sale  of  railroad  fran- 
chises in  the   city  of  New  Orleans,    and   according  to 
specifications  approved  by  the  Council  and  on  file  in  the 


RAILROADS.  ,  919 

office  of  the  City  Engineer  for  the  sum  of  five  hundred 
($500)  dollars,  be  and  the  same  is  hereby  accepted,  and 
that  the  Mayor  be  and  he  is  hereby  directed  and  author- 
ized to  enter  into  notarial  contract  with  the  St.  Charles 
Street  Railroad  Company  as  per  bid  of  March  14,  1895. 

Art.  2489.  Whereas,  The  St.  Charles  Street  Railroad 
Company  is  now  constructing  its  tracks  to  operate  its 
cars  by  electricity,  and  has  the  plot  of  ground  in  square 
bounded  by  Marigny,  Mandeville,  Decatur  and  North 
Peters  streets,  shown  on  the  sketch  hereto  attached,  on 
which  to  construct  its  power-house  and  workshops. 

Art.  2490.  That  permission  is  hereby  given  to  said  St     steam  power 

Charles  Street  Railroad  Company  to  erect  and  operate oSno.  10,576, 

on  their  property  before  mentioned  herein,  a  steam-power    April  9, 1895. 

plant  of   about  seven  hundred   and   fifty   horse-power 

capacity,  and  to  lay  a  six-inch  pipe  to  the   Mississippi 

river  for  the  purpose  of  obtaining  water  for  their  use. 

See  page  952  for  specifications  for  operation  and  niaintienance 
of  electric  railway. 

TUNISBURG   &   JEFFERSON   RAILROAD. 

Art.  2491.  (1)  That  the  right  of  way  and  privilege  or'I.No!S: 
of  constructing  and  operating  a  double  track  railroad  for ''^V^farch,  1881. 
thirty  years  from  date  of  its  adjudication,  for  the  trans- 
portation of  passengers  and  freight  for  hire,  in  accord- 
ance with  specifications  herewith  furnished  and  kept  on 
file  in  the  office  of  the  City  Surveyor  of  the  city  of  New 
Orleans,  shall  be  sold  at  public  auction  by  an  auctioneer  to 
be  selected  by  the  Mayor,  to  the  highest  bidder  for  cash, 
after  ten  days'  public  advertisement  and  notice  thereof, 
through  the  following  streets :  Beginning  at  the  boundary 
line  of  the  parish  of  Jefferson,  right  bank,  and  the 
parish  of  Orleans,  with  a  double-track  railway  through 
Madison  street  to  Powder  Magazine  street,  through 
Powder  Magazine  street  to  Peter  street,  through  Peter 
street  to  Bouny  street,  through  Bouny  street  to  Villere 
street,  through  Villere  and  Patterson  streets  to  Atlantic 
avenue,  through  Patterson .  street  and  the  public  road 
along  the  Mississippi  river  to  London  street  to  Tunis- 
burg,  all  in  the  Fifth  JDistrict  of  the  city  of  New  Orleans, 
said   railroad  to  be  operated  by  steam  or  other  motor 


920  RAILROADS. 

power.     The  franchises  of  said  railroad  to  be  sold  by  the 
city  of  New  Orleans  for  its  benefit   and  account. 
Commence-      Art.  2492.  (2)  That  the  construction  of  Said  railroad 

mentand  com-     ,,,,  '.,.  .  .,  „  ,  tt. 

pietionofwork.  shall  be  comnienccd  withm  ninety  days  from  the  adjudi- 
cation hereinbefore  mentioned,  and  completed  within  two 
years  after  such  adjudication ;  and  if  said  road  be  not  so 
commenced  and  completed,  then  such  right  of  construc- 
tion shall  lapse  and  be  forfeited  by  such  adjudicatees. 

saieofprivi-  Akt.  2493.  (3)  That  the  Administrator  of  Commcrce 
be  and  is  hereby  authorized  to  advertise  for  ten  days  in 
the  official  journal  of  the  city  the  sale  at  public  auction 
of  the  rights  of  way,  privileges,  etc.,  as  specified  in  the 
foregoing  sections  of  this  ordinance. 
Acceptance  of     Art.  2494.  (1)  That  the  bid  of  Wm.  Bogcl  and  othei's 

ord.  No.  7525,  of  $150  for  the  franchise  of  right  of  way  through  cer- 

bec,  1881.  tain  streets  of  the  Fifth  District,  Algiers,  as  specified  in 
Ordinance  No.  7484  and  advertisement,  be  accepted,  and 
that  the  Mayor  and  Administrator  of  Finance  on  the 
part  of  the  city  be  and  are  hereby  authorized  to  enter 
into  notarial  contract  with  the  said  Wm.  Bogel  and 
others  before  the  City  Notary  for  the  same. 

Noiariai   act     Art.  2495,  For  the  purchase  of  right  of  way  to  oper- 

a  p  p  r  o  V  ed   by  ,  ,         ^  ■, 

Council  Dec. ate  cars  on  the  right  bank  of  the  Fifth  District  of  the 
city  of  New  Orleans,  between  the  boundary  line  of  the 
parish  of  Orleans  and  Jefferson  at  Madison  street  and 
London  street  of  Tunisburg. 

Gauge.  Art.  2496.  The  above-named  lines   shall   be   of  the 

narrow  gauge  (3.10)  feet. 

crossties.  Art.  2497.  The  crossties  shall  be  of    the  best  quality 

of  cypress,  six  (6)  feet  long,  hewn  on  two  opposite  sides, 
and  having  not  less  than  eight  (8)  inches  of  face  and 
six  (6)  inches  of  uniform  thickness.  They  shall  be  laid 
in  the  roadbed  parallel  to  each  other,  excepting  at 
curves,  when  they  shall  radiate  to  the  centre  of  the  curve. 
Their  distance  apart  shall  not  be  more  than  four  (4)  feet 
from  centre  to  centre. 

stringers.  Art.  2498.  The  stringers  shall  be  of  the  best  quality 
of  milled  cypress,  four  feet  by  eight  inches,  and  not 
less  than  twenty  feet  long.  They  shall  be  joined  and 
fastened  to  the  crossties  inside  and  outside  by  wrought 


RAILROADS.  921 

iron  knees  half  an  inch  thick,  two  (2)  inches  wide,  and 
each  portion  of  the  knee  six  (6)  inches  long. 

Art.  2499.  The  rails  shall  be  of  steel  of  the  usual  flat    ^^ij^-    „ 

A.  S.  7740. 

steel  or  iron  rail  pattern,  except  that  portion  of  route  -^p"'-  '^^• 
between  Powder  Magazine  street  and  the  junction  of 
Madison  street  with  the  parish  line  of  Jefferson,  vvhich 
latter  portion  of  the  route  shall  be  of  the  T  pattern,  and 
none  of  these  rails  shall  weigh  less  than  (30)  thirty- 
pounds  per  lineal  yard.  They  shall  be  fastened  to  the 
stringers  by  four-inch  wrought-iron  railroad  spikes. 

Art.  2500.  All  gutters  and  drains  crossed  by  these  lines    cuiverts, gut- 
shall  be  culverted  from  sidewalk  to  sidewalk  with  three- 
inch  cypress  planks   of  the  best  quality,  conforming  to 
dimensions  to  be  given  by  the  Administrator  of  Improve- 
ments and  the  City  Surveyor. 

Art.  2501.  The  company  shall  ballast  the  streets  on  Pavement 
the  outside  of  the  tracks  where  the  same  are  not  planked. 
The  tramway  of  both  tracks  and  between  inside  rails, 
from  Canal  street  ferry  to  Tunisburg,  shall  be  planked 
with  pine  or  cypress  planking,  three  inches  thick,  close 
jointed  and  well  nailed. 

The  road  from  Canal  street  ferry  up  to  line  of  city  to 
be  well  graded  and  ballasted  when  necessary,  the  same 
to  be  flush  with  top  of  rail. 

The  lines  and  grades  for  these  pavements  are  to  be 
furnished  by  the  City  Surveyor. 

Art.  2502.  The  cars  always  to  be  of  the  latest  and 
most  improved  pattern,  and  shall  always  be  kept  in  per- 
fect order. 

Art.  2503.  The  fare  to  be  charged  shall  not  exceed  Fare, 
ten  (10)  cents  per  passenger  for  the  first  ten  (10)  years 
of  this  purchase,  and  after  said  time  it  shall  be  five  (5) 
cents,  payable  on  entering  the  cars  going  or  returning 
the  distance  between  the  boundary  line  of  the  parish  of 
Orleans  and  Jefferson  at  Madison  street,  and  London 
street  of  Tunisburg. 

Art.  2504.  The  railroad  shall  be   known    as  the  Al-    Name. 
giers,  Gretna  &  Tunisburg  Railroad  Company. 

Art.  2505.  This  railroad  shall  be  commenced  within    Commence- 

,        ^nr\^    ■^  '      t  1    ,      -1        .   1   ■  ment  and  com- 

nmety  (90)  days  and  completed  withm  two  years,  other- p'etionoi  road. 


922  RAILROADS. 

wise  this  ordinance  and  specifications  to  be  null  and 
void  and  the  privileges  accorded  thereunder  to  be  re- 
voked. 

Motive  power,  ^^rj,  2506.  Steam  may  be  used  as  the  motor  of  the 
cars  operating  on  this  line,  unless  the  majority  of  the 
property  holders  along  said  route  and  the  City  Council 
of  New  Orleans  object.  If  horses  or  mules  are  used  as 
motors  of  any  or  all  the  cars  of  this  route,  they  shall 
when  upon  the  road  be  belled  with  the  usual  car  bell, 
and  none  of  these  cars  shall  be  driven  at  a  rate  of  speed 
exceeding  six  (6)  miles  an  hour. 
Conditions.  ^grp  2507.  The  rails  shall  be  laid  upon  stringers, 
which  shall  be  laid  upon  crossties,  all  in  accordance 
with  descriptions  previously  given. 

Not  to  be  used  ^^T.  2508.  It  is  uuderstood  and  agreed  that  this  line 
ulnsit!'"*""^^'  shall  never  be  used  for  continental  transit,  or  for  the 
operating  of  such  locomotives  or  cars  as  are  or  may  be 
used  by  such  railway  lines  as  the  Chicago,  St.  Louis  & 
New  Orleans,  the  Louisville  &  Nashville,  and  other 
similar  lines,  without  special  pei'mission  obtained  from 
the  Common  Council  of  this  city. 
Right  of  re-  Art.  2509.  The  property  and  appurtenances  of  this 
railroad  company  shall  revert  to  the  city  of  New  Or- 
leans if  the  Common  Council  so  select  at  the  expiration 
of  (30)  thirty  years  after  the  passage  of  the  ordinance 
granting  this  franchise  or  right  of  way  on  a  valuation 
to  be  ascertained  by  two  disinterested  persons,  one  to 
be  appointed  by  the  railroad  company  and  the  other  by 
the  city ;  in  the  event  of  a  disagreement  as  to  said  valua- 
tion between  the  said  two  persons  thus  appointed,  a 
third  party  or  umpire  shall  be  appointed  by  one  of  the 
District  Courts,  the  decision  thereby  to  be  final  and 
binding. 
Security.  Art.  2510.  The  party  or  parties  to  whom  this  fran- 

chise may  be  awarded  shall,  for  the  faithful  execution 
of  these  specifications,  give  good  and  solvent  security  in 
the  sum  of  ten  thousand  ($10,000)  dollars,  condition- 
ally, as  the  law  directs.  The  bonds  to  be  given  shall  be 
approved  by  the  Mayor  and  Administrators  of  the  city 
of  New  Orleans. 


RAILROADS.  ^  923 

Art.  2511.  It  shall  be  the  duty  of  the  Administrator  ,,^j^uty^o^f^A^d- 
of  Improve ments  and   City  Surveyor  to  notify  the  com-  a^^cit^'^s^j! 
pany  in  writing  of  any  violation  of  these  specifications,  ^^yor, 
giving  reasonable  time  for  their  rectification,  when  upon 
the  expiration  of  said  mentioned  time  the   company  has 
neglected  or  refused  to  comply,  the  said  officers  shall 
have  the  said  violation  legally  rectified ;  the  cost  for  so 
doing  shall  be  recoverable  before  any  court  of  compe- 
tent jurisdiction. 

Art.  2512.  It  shall  be  specially  agreed  that,  when  in  Annulment  of 
the  opinion  of  the  Common  Council  of  the  city  of  New 
Orleans,  gross  neglect  and  continued  refusal  on  the  part 
of  the  company  to  be  in  accord  with  these  specifications, 
the  Mayor  of  this  city  may  institute  legal  proceedings  to 
annul  the  charter  of  the  company. 

Art.  2513.  The   road   is   to  be  subject  to    all  police  poHcc  reguia- 

i  1    i  •  •      •  .  .    1  «  .  tions. 

[regulations  now  existing,  or  which  may  from  time  to 
[time  be  adopted  by  the  City  Council. 

Art.  2514.  It  is  well  understood  that  in  case  of  fail-    Forfeiture, 
ire  by  the  company  to  finish  the  work  within  the  time 
jfixed,  its  bond  or  bonds  shall  be  forfeited  to  the  city 
lof  New  Orleans ;  and  it  is  also  well  understood  that,  in 
|case  the  company  shall  at  any  time  abandon  the  work, 
)r  not  finish  the  same  in  conformity  with  these  speci- 
ications,  the  said   company   shall   perfect  all  claims  it 
lay  have  for  any  part  of  the  work  done  by  it  up  to  the 
late    of    its    abandonment,    and    that    the    city    shall 
thereby   be   discharged   from    any    and    all   liabilities 
lerefor. 
Art.  2515.  Whereas,  Ordinance   7484,  A.  S.,  passed    commence- 

.  1  L-11      -loni       T  .         1  ,  ment  and  com- 

>eeember21,  1881,  directs  that  the  Algiers,   Gretna   &  pietionofwork. 
'unisburg   Railroad  shall  be  commenced   ninety   days  c.  s'.  '    °*  "*'  ' 
|after  adjudication  and  completed  within  two  years  from      *"*"  *' '   ^" 
late  of  adjudication,  December  26,  1883  ; 
Art.  2516.  Whereas,  owing  to  financial   embarrass-    Reasons  for 
lent  and  other  misfortunes,  the  company  has  been  un-  ^^^^^' 
ible  to  complete  said  road  to  Tunisburg,  not  having  ex- 
Etended  its  line  below  the  Canal  street  ferry ; 

Art.  2517.  (1)  That  the  limit  of  time  as  expressed  in    ximeextend- 
>rdinance  7485  for  the  completion  of  said  road  to  Tunis-  ^'^ '"'o  y^ars. 


924  RAILROADS. 

bur^  be  and  the  same  is  hereby  extended  to  two  years 
from  the  passage  of  this  resolution. 
Forfeiture  of     Art.  2518.  (2)  That  if,  at  the  expiration  of  the  ex- 
tension of  the  time  hereby  granted,  the  said  Algiers, 
Gretna  &  Tunisburg  Railroad  Company  shall  not  have 
completed  its  road  in  conformity  with  Ordinance  7484, 
A.  S.,  and  specifications,   its  bond   or  bonds  shall  be 
forfeited  to  the  city  of  New  Orleans,  and  said  company 
shall  forfeit  all  claims  it  may  have  for  any  part  of  the 
work  done  by  said  company,  from  December,  1881,  and 
the  same  to  revert  to  the  city  of  New  Orleans,  and  the 
city  shall  thereby  be  discharged  from  any  and  all  lia- 
bilities therefor. 
Fifth  Muni-     Art.  2519.  That  the  Comptroller  be  and  he  is  hereby 
"^'cfo  m  ptroiier  directed  to  advertise  as  the  law  directs  the  sale  of  the 
iranchrse.'^  '^^  franchise  of  the  right  of  way  for  street  railway  pur- 
^  r  . io. 431  .pQggg  £^j,  ^  period  of   fifty  years,  over  the  following 
Fe  . 25,  1S90. ^^^^^  in  the  Fifth  Municipal  (Algiers)  District,  viz.: 
Commencing  at  Villere  street  at  its  intersection  with  the 
Canal  Street  Ferry  Landing,  thence  through  Villere  to 
Patterson  street,  through  Patterson  street  to  Leesburg, 
double   track    from    point    of    commencement    to   the 
Slaughterhouse,  and  thence  via  single  track  to  terminus, 
with  necessary  switches,  turntables  and  turnouts ;  with 
privilege  of  using  any  motor  power  other  than  steam, 
and  of  using  the  public  drain  instead  of  the  highway  or 
♦  public  road,  where  such  can  be  made  available  on  the 

route  without  interfering  with  the  service  and  use  of 
said  drain  or  ditch  in  the  laying  or  maintaining  of  the 
roadbed.  Said  tracks  to  be  of  standard  gauge  and  laid 
with  a  five-inch  flat  rail,  and  to  cross  the  Southern 
Pacific  Railroad  tracks  at  an  elevation  of  not  less  than 
twenty  (20)  feet  in  the  clear.  It  shall  be  within  the 
discretion  of  the  City  Surveyor  to  permit  the  laying  of 
the  rails  on  crossties  instead  of  stringers  on  any  part  of 
the  route  he  may  deem  stringers  not  necessary. 
To  extend  Art.  2520.  Bidders  will,  in  addition  to  their  bids, 
terminus.  ^^  assumc  the  obligatlous  to  extend  the  terminus  of  said 
road,  within  two  (2)  years  from  date  of  completion  and 
operation,  to  what  is  now  known   as  Duconge's   place. 


RAILROADS.  925 

and  within  twenty  (20)  years,  upon  petition  of  citizens 
living  on  the  route,  to  a  point  known  as  the  "  Cut-off," 
and  shall  pave  with  gravel  and  maintain  the  same  during 
the  term  of  this  franchise  that  portion  of  the  route,  from 
curb-line  to  curb-line,  embraced  between  the  point  of 
commencement  and  Southern  Pacific  Railroad  crossing, 
and  for  the  remainder  of  the  route  shall  at  all  times 
keep  the  roadway  in  good  order  and  condition. 

Art.  2521.  All  in   accordance  with  lines,  levels  and 
general  specifications  in  the  office  of  the  City  Surveyor. 

Art.  2522.  Work   to   be   commenced  within  six  (6)    woik  com  - 
months,  and  completed  within  three  (3)  years  from  the  ^JiiTpie^d.* " 
date  of  acceptance  of  bid. 

Art.  2523.  (1)  That  the  Algiers  &  Gretna  Railroad  Amending  a. 
Company  be  and  it  is  hereby  released  from  its  obligation  'ueiease  from 

•  1  ,  rr.        •    1  -1     T     1  obligation. 

of  extendmg  said  railroad  toTunisburg;  provided,  how-ord.  No.  1839, 
ever  that  the  said  railroad  company  place  and  maintain  June  22,  i8S6. 
that  portion  of  said  road  that  is  constructed  and  in  opera- 
tion in  good  order  and  condition  as  per  contract,  to  the 
satisfaction  of  the  Commissioner  of  Public  Works  and 
("ity  Surveyor,  and  in  case  of  the  failure  of  said  company 
to  place  said  streets  and  crossings  in  good  order  and 
condition  as  per  Ordinance  No.  7484,  A.  S.,  then  this  or- 
dinance is  null  and  void. 

Art.  2524.  (1)  That  section  four  (4)  of  the  specifica- sptcmeltions.^ 
tions,  entitled  "  Specifications  for  the  franchise  or  right  a?s!*  ^°' "''°' 
of  way  to  operate  cars  on  the  right  bank,  the  Fifth  Dis-    ^p"'  "''^*- 
triet  of   the  city  of  New  Orleans,  between  the  boundary 
line  of  the  parish  of  Orleans  and  Jefferson,  at  Madison 
street,  and    London  street  of  Tunisburg,"  signed  by  D. 
M.  Brosnan,  City  Surveyor,  and  approved  by  the  City 
Council,  December  6,  1881,  be  and   the  same  is  hereby 
amended  by  striking  out  the   word  ''  forty  "  in  line  six 
of  said  section  (as  per  record  of  the  same  in  the  office  of 
the  Administrator  of  Commerce)  and  insert  in  lieu  there- 
of the  word  ''thirty,"  so  that  the  same  will  read   thirty 
pounds  per  lineal  yard,  etc. 

Art.  2525.  That  permission  be  and  is  hereby  granted  irl^Ionidld- 
to  the  Algiers  &  Gretna  Railway  Company  to  remove '  ord!'No!'4209. 
their  existing  tracks  on  Madison  street,  from  the  parish  ^ ja'n.  7. 1890. 


926  RAILROADS. 

line  of  Jefferson  to  Market  street,  in  Algiers  (Fifth 
Municipal  District)  to  a  point  on  said  street,  not  exceed- 
ing (4)  four  feet  east  of  their  present  position,  the  work 
to  be  done  in  accordance  with  lines  and  levels  of  City 
Surveyor. 

Provided,  that  nothing  herein  shall  be  construed  as 
relieving  the  said  Algiers  &  Gretna  Railway  Company 
or  the  New  Orleans,  Fort  Jackson  &  Grand  Isle  Railroad 
Company  of  any  their  charter  obligations. 

JUDAH   HART   LINE   NO.    1. 

Whereas,  the  Circuit  Court  of  Appeals  of  the  United 
States  has  decided  that  the  street  railway  franchises  sold 
to  Judah  Hart,  under  Ordinance  No.  5784,  are  null  and 
void  because  the  same  were  sold  for  gravel  payment  and 
not  for  cash. 

Art.  2526.  That  the  Comptroller  be  and  he  is  hereby 
directed  to  advertise  as  the  law  directs  and  to  adjudicate 
at  public  auction  to  the  highest  bidder  for  cash,  the 
right  of  way  for  street  railway  purposes  for  fifty  years, 
over  the  following  route  and  under  the  following  terms, 
and  conditions  and  specifications,  to-wit: 
Right  of  way.  Art.  2527.  Commencing  about  one  hundred  and 
c.'s.  °'  ^  ^  'twenty  (120)  feet  from  the  Canal  street  ferry  landing, 
ec.  2-j,  1892.  ^jjgjjgg  along  the  north  side  of  Canal  street  over  the 
Trunk  Line  of  the  Canal  &  Claiborne  Railroad  Company 
to  Carondelet  street;  thence  along  Carondelet  street 
over  the  track  of  the  Crescent  City  Railroad  Company 
to  Clio  street ;  thence  up  the  swamp  side  of  the  centre 
of  Carondelet  street  to  St.  Andrew  street,  thence  out 
St.  Andrew  street  to  Brainard  street,  thence  up  Brainard 
street  to  Philip  street,  thence  to  Baronne  street,  thence 
up  Baronne  street  over  the  tracks  of  the  St.  Charles 
Street  Railroad  Company  to  between  Sixth  and  Seventh 
streets ;  thence  continuing  up  Baronne  street  to  Louisi- 
ana avenue,  thence  out  Louisiana  avenue  to  Camp  street, 
thence  up  Camp  street  to  Henry  Clay  avenue  (with  the 
right  to  connect  through  Henry  Clay  avenue  with  the 
tracks  of  the  Crescent  City  Railroad  Company  on  Maga- 
zine street),  out  Henry  Clay  avenue  to  Plaquemine  or 


I 


RAILROADS.  927 

Coliseum  street ;  down  Plaquemine  or  Coliseum  street 
to  Joseph  street,  out  Joseph  street  to  Coliseum  street, 
down  Coliseum  street  to  Louisiana  avenue,  out  Louisiana 
avenue  to  Dryades  street,  down  Dryades  street  to  Philip 
street,  through  Philip  street  to  the  continuation  of 
Dryades  street,  thence  down  Dryades  street  to  Julia 
street,  thence  out  Julia  street  to  St.  Charles  street, 
thence  down  St.  Charles  street  over  the  tracks  of  the 
Crescent  City  Railroad  Company  to  Canal  street,  thence 
along  Canal  street,  south  side,  using  the  Trunk  Line  of 
the  Canal  &  Claiborne  Railroad  Company  to  the  starting 
point  near  Canal  street  ferry  landing. 

Art.  2528.  It  shall  not  be  obligatory  to  use  the  Trunk  tracks 
trunk  track  on  Canal  street,  if  the  purchaser  chooses  to 
arrange  with  the  owners  of  other  tracks  on  said  street, 
and  in  the  event  of  such  arrangement  the  purchaser  may 
use  the  neutral  ground  on  Canal  street,  between  Wells 
street  and  Tchoupitoulas  street,  and  make  the  terminus 
at  Wells  street. 

Art.  2529.  (1)    In    all    cases    under   this   ordinance    Terms  and 
where  the  route  runs  over  part   of  the  line  of  any  other  *^°"  '  '**"*■  ib. 
railroad,  the  purchaser   or  his  assigns   shall   reimburse 
the  said  road  or  roads  a   fair  and  reasonable  proportion 
of  the  value  of   so  much  of  the  track  of   each  road  as  is 
actually  used. 

Art.  2530.  (2)  Whenever  the  portion  of  track  of  an- To  rebuild  and 

'■  reconstruct 

other  road  so  to  be  used   is  not   suitable   by   design  or    tracks, 
construction  for  use  under  the  present  franchises,   the 
purchaser  shall  have  the  right  to  rebuild  and  reconstruct 
such   portions  of  track  of  the  other  roads  at   its  own 
cost  and  expense. 

Art.  2531.   (3)  The  purchaser  or  his  assigns  shall  at    shift   tracks 

^     ''  ^  *=  to    centre  ot 

his  own  cost  and  expense  shift  the  tracks  of  the  St.  Charles  street. 
Street  Railroad  Company  on  (Jarondelet  street  from  Clio 
street  to  St.  Andrew  street  and  on  Dryades  street  from 
Philip  street  to  Delord  street,  so  that  both  tracks  on  said 
streets  shall  occupy  the  centre  of  the  street. 

Art.  2532.  (4)  The  purchaser  shall  hold  the  city  harm-  to  hold  city 
less  and  defend  her  in  any  suit  arising  out  of  the  pro-  ^^'■™'^^^-  j^ 
visions  of  this  ordinance. 


928  RAILROADS. 

Deposit.  ^^  ^jjrp  2533.  (5)  Every  bidder  for  the  purchase  of  said 
franchise  shall  as  a  condition  precedent  to  the  receiving 
of  said  bid  by  the  City  Comptroller  deposit  with  the  City 
Treasurer  the  sum  of  fifty  thousand  ($50,000)  dol- 
lars in  United  States  currency,  and  shall  at  the  time  of 
bidding  file  a  receipt  therefor  with  the  City  Comptrol- 
ler ;  and  no  bid  shall  be  considered  from  any  bidder  who 
has  failed  to  file  with  the  said  Comptroller  the  receipt 
of  the  City  Treasurer,  showing  that  he  has  made  such 
deposit.  The  deposits  of  all  unsuccessful  bidders  shall 
be  immediately  returned  to  them  ;  and  the  fifty  thousand 
($50,000)  dollars  of  the  highest  bidder  shall  be  held 
as  security  that  he  will  pay  the  price  of  his  bid  and  sign 
the  contract,  in  case  his  bid  is  accepted  by  the  City 
Council,  and  give  the  bond  required  for  the  completion 
of  the  work,  and  in  case  of  the  failure  of  the  successful 
bidder  to  pay  the  price  of  his  bid  or  to  sign  the  said  con- 
tract, and  give  said  bond,  the  said  fifty  thousand 
($50,000)  dollars  shall  be  forfeited  to  the  city. 

Noiariaicon-  Art.  2534.  (6)  The  successful  bidder  shall  be  required 
lb.  within  ten  (10)  days  of  the  acceptance  of  his  bid  by  the 
City  Council,  to  enter  into  a  notarial  contract  before  the 
City  Notary,  with  the  city  of  New  Orleans,  embodying 
all  the  terms  and  stipulations  of  this  ordinance,  and 
shall  be  required,  at  the  time  said  contract  is  signed,  to 
give  the  city  of  New  Orleans  a  bond  in  the  sum  of 
twenty-five  thousand  ($25,000)  dollars,  with  securities 
satisfactory  to  the  Mayor,  for  the  completion  of  the  work 
within  the  time  specified. 

Amount  of  Art.  2535.  (7)  Thc purchascr  shall  bc  required,  at  the 
tb.  time  of  the  adjudication,  to  pay  in  cash  to  the  Comptroller 
the  amount  of  his  bid,  and  the  amount  of  his  bid,  together 
with  the  amount  of  the  deposit  required  to  qualify  him 
as  a  bidder,  shall  be  returned  to  him  in  case  his  bid  is 
not  accepted  by  the  Council. 

To  purchase     Art.  2536.  (8)  The  purchaser  shall  purchase  at  an  ap- 

co^nstruc'te'd.''  ^  praiscd  valuc,  and  pay  for  in  cash,  the  track  already  con- 

^^'  structed  by  Judah  Hart  on  Camp  and  Coliseum  streets 

above  Louisiana  avenue  and  the  poles  already  erected  by 

him  along  the  route  of  the   present  franchises  ;    said  ap- 


RAILROADS.  92,9 

praisement  shall  be  made  by  two  experts  one  appointed 
by  Judah  Hart,  one  by  the  purchaser,  and  in  case  of  dis- 
agreement an  umpire  shall  be  appointed  by  the  Mayor, 
whose  decision  as  to  value  shall  be  final. 

In  case  the  said  Judah  Hart  shall  refuse  to  accept  said 
clause,  he  shall  be  compelled  to  remove  -said  structures 
from  said  streets  at  his  own  cost  and  expense. 

Art.  2537.  (9)  The  work  of  construction  of  the  railroad    to  begin.  ^^ 
herein  provided  for  shall  bebe.s^un  within  thirty  (30)  days 
from  the  signing  of  the  contract  and  completed  within 
six  (6)  months  from  the  date  thereof. 

SPECIFICATIONS    FOR   CONSTRUCTION,      MAINTENANCE     AND 
OPERATION. 

Ak  r.  2r)38.  1.  All  tracks  shall  be  of  the  girder  rail  pat-    Tracks, 
tern,  the  dimensions  and   width  of  which  and  the  man- 
ner of  laying  which  shall  be  approved  by  the  City  Engi- 
neer. 

2.  All  the  streets  through  which  the  tracks  of  these    streets  to  be 

'^  kept  in  first  - 

franchises  run,  as  described  above,  shall  be  maintained  class  order, 
in  first-class  order  between  the  tracks  and  two  feet  on 
each  side  of  said  tracks. 

3.  The  cars  shall  be  of  modern  pattern,  and  built  sub-    cars, 
ject  to  the  approval  of  the  City  Engineer. 

4.  The  motive  power  shall  be  the   trolley  system  of  Motive  power. 
electricity.     The   wires  covering  the  electric  current  to 

motors  shall  be  of  proper  size  and  shall  be  properly 
strung,  stretched,  secured  and  insulated  on  poles.  The 
poles  carrying  the  wires  shall  be  strong  and  substantial, 
of  either  iron  or  wood,  and,  if  wood  is  used,  the  same 
shall  be  of  cedar.  These  poles  shall  be  of  neat  design 
and  neatly  painted,  the  plan  of  which  shall  be  submitted 
to  the  approval  of  the  City  Engineer. 

The  location  of  the  poles  shall  be  such  as  not  to  in-    Location  of 
terfere  with  drainage  or  commerce.     All  locations  to  beP°'"- 
approved  by  the  City  Engineer.     The   poles   are  to  be 
set  safely  and  securely  in  the  ground. 

5.  The  fare  shall  be  five  (5)  cents   for   any  distance,    p^^^^ 
except  after  twelve  (12)  o'clock  midnight  and  until  five 


930  RAILROADS, 

(5)  o'clock  A.  M.,  during  which   time   the  fare  shall  be 
ten  (10)  cents  for  any  distance. 

Running  time.         g        -pj^g       ^^^^       gj^^jj       ^^       ^^^       ^^     iutcrvals     Of      nOt 

greater  than  five  (5)  minutes  from  five  (5)  o'clock 
A.  M.  till  ten  (10)  o'clock  p.  m.,  and  not  greater  than 
fifteen  (15)  minutes  from  ten  (10)  o'clock  p.  m.  until 
twelve  (12)  o'clock  midnight,  and  not  greater  than 
thirty  (30)  minutes  from  twelve  (12)  o'clock  midnight 
until  five  (5)  o'clock  a.  m.,  and  the  speed  shall  not 
exceed  twelve  (12)  miles  per  hour. 
Right  to  as-      7.    The     purchaser     of    said    franchise    shall   have 

sign,    s  e  11    or  ^ 

'ease.  the    right    to  assign,    sell  or  lease  the  same    to    any 

person  or  corporation  competent  to  hold  and  exercise  the 
same. 

vokid!"'""'  "■  ^^'^-  2539.  That  because  of  the  failure  of  the  pur- 
2y|;^°'°'9'°' chasers  of  this  franchise  to  take  advantage  of  the  rights 
June  i8, 1893.  conferred  in  said  Ordinance  No.  7036,  C.  S.,  within  the 
time  specified  in  clause  nine  of  the  terms  and  conditions 
of  said  ordinance,  the  City  Council  of  the  city  of 
New  Orleans  hereby  revokes  all  parts  of  said  ordinance 
which  grants  the.  right  to  cross  or  go  beyond  Delta 
street,  and  that  the  terminus  of  said  railway  tracks  shall 
be  at  or  near  Wells  street. 

judah   hart  line  no.   2. 


May  24, 


Right  of  way.  Art.  2540.  That  the  City  Comptroller  be  and  he 
^  r  .  No.  6352,  |g  hereby  authorized  and  directed  to  advertise,  as 
■  the  law  directs,  for  the  sale  of  the  right  of  way  for 
street  railway  purposes  for  a  fixed  term  of  twenty-five 
years  from  the  date  of  the  signing  of  the  notarial  con- 
tract over  the  following  route,  viz. :  Commencing  at 
Canal  and  Wells  streets,  thence  along  Canal  street  over 
the  tracks  used  by  the  Canal  &  Claiborne  Railroad 
Company  to  Rampart  street,  along  Rampart  street  to 
Delord  street  or  Calliope  street,  at  the  option  of  the 
purchaser  or  purchasers,  thence  to  Franklin  street,  up 
Franklin  street  to  Jackson,  on  Jackson  toFreret  street. 
Freret  to  north  side  of  Louisiana  avenue,  north  side  of 
Louisiana  avenue  to  Dryades  street,    Dryades   to  Peters 


RAILROADS.  931 

avenue ;  returning  through  Dryades  to  Dufossat  street, 
Dufossat  to  Baronne  street,  Baronne  to  Louisiana 
avenue,  Louisiana  avenue  to  Howard  street,  Howard  to 
Jackson  street,  Jackson  to  Franklin,  Franklin  to  Cal- 
liope or  Delord  street,  at  the  option  of  the  purchaser  or 
purchasers ;  thence  out  lower  side  of  Delord  to  Dryades 
street,  down  Dryades  to  Canal  street,  up  Canal  to  point 
of  commencement ;  also  commencing  as  above ;  thence 
out  Canal  street  over  the  tracks  ufeed  by  the  Canal  & 
Claiborne  Railroad  Company  to  Chartres  street,  down 
Chartres  to  Port  street.  Port  to  North  Peters  street, 
North  Peters  to  depot  of  the  New  Orleans  &  North- 
eastern Railroad  Company ;  returning  via  North  Peters 
street  to  Ursulines  street;  thence  on  the  tracks  of 
the  Orleans  Railroad  Company  on  Decatur  street  from 
Ursulines  street  to  North  Peters  street  at '  Dumaine 
street,  continuing  up  North  Peters  street  from  Dumaine 
street  to  St.  Louis  street,  thence  on  Decatur  street  from 
St.  Louis  street  to  Canal  street,  and  thence  over  the 
tracks  of  the  Canal  &  Claiborne  Railroad  Company  to 
starting  point  at  Canal  and  Wells  streets. 

Provided,  That  at  the  expiration  of  the  franchise  of  Extension, 
the  Levee  &  Barracks  Line,  the  said  proposed  line 
shall  be  extended  to  the  lower  limits  of  the  city,  through 
the  following  streets,  to-wit:  On  Peters,  from  the  New 
Orleans  &  Northeastern  Railroad  to  Clouet  street, 
Clouet  to  Chartres  street,  Chartres  to  Poland  street, 
Poland  to  Peters  street,  Peters  to  lower  limits  of  the 
city ;  returning  through  Peters  to  Hancock,  Hancock  to 
Dauphine,  Dauphine  to  Poland  street,  Poland  to  Royal 
street.  Royal  to  Montegut  street,  Montegut  to  Peters 
street,  Peters  to  the  New  Orleans  &  Northeastern 
Railroad.  It  being  optional  with  the  purchaser  of  said 
franchise  to  run  a  double  track  on  Peters  street,  from 
Poland  street  to  lower  city  limits,  or  returning  track  on 
any  street  parallel  to  Dauphine  street,  below  Poland 
street. 

Art.  2541.  (2)  That  Ordinances  Nos.  5137  and  5727,    RepeaUngor- 
C.  S.,  be  and  the  same  are  hereby  repealed.  ."jiTr^^and  5727! 

Art.  2542.  (3)  That  at  the  expiration  of  twenty-five  ^'  ^' 


932  RAILROADS. 

Reversion.^^  ycai's  the  railway  and  appurtenances  to  be  constructed 
under  the  said  franchise  shall  revert  to  the  city  of  New 
Orleans  on  an  agreed  valuation  to  be  fixed  by  two 
experts,  one  appointed  by  the  city  and  one  by  the 
owner  of  the  said  franchise;  and,  in  case  of  their  dis- 
agreement as  to  a  valuation,  the  Civil  District  Court  of 
the  parish  of  Orleans,  is,  upon  the  suit  of  either  party, 
to  nominate  a  third  expert,  and  a  decision  of  a  majority 
of  the  three  shall  be  final  as  to  the  said  valuation. 

Deposit.  ^^  ^^^rj,  2543.  (4)  That  every  bidder  for  the  purchase  of 
the  said  franchise  shall,  as  a  condition  precedent  to 
the  receiving  of  such  bid  by  the  City  Comptroller,  de- 
posit with  the  City  Treasurer  the  sum  of  twenty -five 
thousand  dollars  in  United  States  currency,  and  shall, 
at  the  time  of  bidding,  fije  receipt  therefor  with  the  City 
(comptroller ;  and  no  bidder  shall  be  considered  who  has 
failed  to  file  the  receipt  of  the  City  Treasurer  with  the 
City  Comptroller  showing  that  he  has  made  such  de- 
posit. The  dieposits  of  all  successful  bidders  shall  be 
immediately  returned  to  them,  and  the  twenty-five  thou- 
sand dollars  of  the  highest  bidder  shall  be  held  as  secur- 
ity that  he  will  sign  the  contract  in  case  his  bid  is  ac- 
cepted by  the  City  Council,  and  give  the  bond  required 
for  the  completion  of  the  work,  and  in  case  of  failure  of 
the  successful  bidder  to  sign  said  contract  and  to  give 
the  said  bond,  the  said  twenty-five  thousand  dollars: 
shall  be  forfeited  to  the  city  as  liquidated  damages. 

Bond.  Art.  2544.  (5)  That  the  successful  bidder   shall 

required,  within  ten  days  from  the  date  of  the  aeceptanc 
of  his  bid  by  the  City  Council,  to  enter  into  a  notari 
contract  before  the  City  Notary    with   the   city  of  Nel 
Orleans,  embodying  all  the  terms   and   stipulations 
this  contract,  and  shall  be  required  at  the  time  the   SB 
contract  is  signed  to  give  the  city  of  New  Orleans  a  bon| 
with  good   and    sufficient   security   satisfactory   to   tl 
Mayor,  in  the  sum  of  fifty  thousand  dollars,  conditions 
upon  his  faithful  compliance  with  all  the  terms  and  coi 
ditions  of  this  ordinance  and  of  his  bid. 

^^i«-       j^      Art.  2545.  (6)  That  the  said  franchise  shall  be  sol 
under  all  the  above  provisions  of  this   ordinance  ;    ant 


RAILROADS.  933 

also,  on  such  other  specifications  as  may  be  prepared  by 
the  City  Engineer  and  made  part  hereof. 

SPECIFICATION  OF  TERMS  AND  CONDITION  OF  SALE. 

Art.  2546.  Commencinff   at  Canal  and  Wells  street,    i^°"te 

=*  '    Ord.  No.  6353, 

thence  along  Canal  street,   over  the  tracks  used  by  the  c.  s. 

°  '  •'May  24,  1892. 

Canal  &  Claiborne  Railroad  Company,  to  Rampart 
street,  along  Rampart  to  Delord  street  or  Calliope  street, 
at  the  option  of  the  purchaser  or  purchasers,  thence  to 
Franklin  street,  up  Franklin  to  Jackson,  out  Jackson  to 
Freret  street,  Freret  street  to  north  side  of  Louisiana 
avenue  to  Dryades  street,  Dryades  street  to  Peters  ave- 
nue; returning  through  Dryades  to  Dufossat  street, 
Dufossat  to  Baronne  street,  Baronne  to  Louisiana  ave- 
nue, Louisiana  avenue  to  Howard  street,  Howard  to 
Jackson  street,  Jackson  to  Franklin  street,  Franklin  to 
Calliope  or  Delord  street,  at  the  option  of  the  purchaser 
or  purchasers,  thence  out  lower  side  of  Delord  to  Dry- 
ades street,  down  Dryades  to  Canal  stres^t,  up  Canal 
street  to  point  of  commencement;  also  commencing  as 
above,  thence  out  Canal  street,  over  the  tracks  used 
by  the  Canal  &  Claiborne  Railroad  Company,  to  Char- 
tres  street,  down  Chartres  street  to  Port  street,  Port  to 
North  Peters  street.  North  Peters  street  to  depot  of  New 
Orleans  &  Northeastern  Railroad  Company ;  returning 
via  North  Peters  street  to  Port  street,  Port  to  Decatur 
street,  Decatur  street  to  Ursulines,  thence  on  the  tracks 
of  the  Orleans  Railroad  Company  on  Decatur  street  from 
Ursulines  street  to  North  Peters  street  at  Dumaine 
street,  continuing  up  North  Peters  street  from  Dumaiue 
to  St.  Louis  street,  thence  on  Decatur  street  from  St. 
Louis  street  to  Canal  street,  and  thence  over  the  tracks 
•of  the  Canal  &  Claiborne  Railroad  Company  to  start- 
ing point  at  Canal  and  Wells  streets. 

Provided,  That  at  the  expiration  of  the  franchises  of  Proviso, 
the  Levee  and  Barracks  line  the  said  proposed  line  shall 
be  extended  to  the  lower  limits  of  the  city  through  the 
following  streets,  to-wit:  On  Peters,  from  the  New  Or- 
leans &  Northeastern  Railroad  to  Clouet  street,  Clouet 
street  to  Chartres,  Chartres  to  Poland,  Poland  to  Peters, 


934  RAILROADS. 

Peters  to  lower  limits  of  the  city ;  turning  through 
Peters  to  Hancock,  Hancock  to  Dauphine,  Dauphine  to 
Poland,  Poland  to  Royal,  Royal  to  Montegut,  Monte- 
gut  to  Peters,  Peters  to  the  New  Orleans  &  Northeast- 
ern Railroad.  It  being  optional  with  the  purchaser  of 
said  franchise  to  run  a  double  track  on  Peters  street 
from  Poland  street  to  lower  city  limits,  or  returning 
track  on  any  street  parallel  to  Dauphine  street  below 
Poland  street. 

Art.  2547.  These  specifications  are  for  the  purpose  of 
delineating  the  conditions  under  which  this  franchise 
shall  be  sold  for  a  period  of  twenty-five  years,  the  pur- 
chaser to  assume  ownership  and  control  of  the  franchise 
immediately  on  the  acceptance  of  the  bond  and  the  sign- 
ing of  the  contract. 

Tracks.  Art.  2548.  All  the  new  tracks,    as   also  all  the  old 

tracks  over  which  this  franchise  conveys  privileges  shall 
be  of  girder  rails,  of  pattern,  dimension,  and  weight  to 
be  approved  by  the  City  Engineer.  The  ties  shall  be  not 
less  than  six  by  ten  by  nine  feet  long,  and  not  more  than 
three  feet  from  centres,  and  top  of  tie  to  be  not  less 
than  ten  inches  below  the  top  of  rail  to  allow  for  paving. 
The  ties  shall  be  of  red  swamp  cypress  entirely  free 
from  all  defects.  The  ties  when  laid  to  be  thoroughly 
tamped  and  made  firm  and  solid.  At  such  points  where 
the  ground  is  soft  under  the  tie  this  soft  or  rotten  earth 
shall  be  removed  and  the  surface  upon  which  the  tie  rests 
shall  be  ramm^ed  to  a  uniform  surface  with  bats  or 
gravel. 

Cars.  Art.  2549.  The  cars  to  be  strong  and  substantial,  of 

neat  design  and  finish  and  of  modern  make,  provided 
with  all  modern  appurtenances  requisite  to  electric  cars, 
their  construction  and  design  to  be  approved  by  the  City 
Engineer. 

Crossings.  Art.  2550.  At  points  where  the  tracks  of  this  road 
cross  the  tracks  of  other  roads  or  of  steam  railroads 
the  crossings  shall  be  constructed  of  either  cast  iron  or 
sectional  steel,  made  in  such  manner  as  to  form  a  con- 
tinuous rail  for  each  rail  of  each  track,  plans  of  these 


RAILROADS. 


935 


crossiMgs  to  be  submitted  to  and  be  approved  by  the 
City  Engineer. 

Art.  2551.  This  line  shall  be  operated  by  electricity,  Motive  power. 
and  the  system  adopted  shall  be  the  most  approved  and 
successful  system  now  in  operation.     Each  motor  car 
will  be  allowed  to  haul  trailers. 

Art.  2552.  Each  motor    car  shall  carry  a  motorman 

''  ,  Conductcrf. 

and  one  conductor,  and  both  these  men  to  be  uniformed 
by  the  company  operating  the  road. 

Art.  2553.  Cars  shall  not  stop  except  on  the  further    stops. 
side  of  street  crossings,  and   cars   shall   not   wait   for 
passengers  who  are  not  on  the  street  along  which  they 
run. 

Art.  2554.  The  platform  of  cars  shall  be  provided  *^'*'*^'- 
with  gates,  and  on  streets  where  double  tracks  exist  the 
gate  on  the  side  toward  the  centre  of  the  street  shall  be 
closed.  Passengers  will  not  be  allowed  to  get  on  or  off 
cars  on  the  side  where  the  gate  is  closed,  as  above 
specified. 

Art.  2555.  The  speed  of  cars  shall  not  exceed  twelve    speed, 
miles  per  hour,  except  by  special  consent  of  the  Council. 

Art.  2556.  The   wires   conveying   electric   current  to    wires, 
motors  shall  be  of  proper  size,  and  shall  be  properly 
strung,  stretched,  secured  and  insulated  on  poles. 

Art.  2557.  The  poles  carrying  the  wires  shall  be  P^'es. 
strong  and  substantial,  of  either  iron  or  wood,  and  if 
wood  is  used  same  shall  be  of  cedar.  These  poles 
shall  be  of  neat  design  and  neatly  painted.  The  loca- 
tion of  the  poles  will  be  such  as  not  to  interfere  with 
drainage  or  commerce,  all  locations  of  poles  to  be  ap- 
proved by  the  City  Engineer.  The  poles  are  to  be  prop- 
erly set  and  secured  in  the  ground,  and  any  damage  to 
private  or  public  property  ensuing  from  the  improper 
erection  of  poles  is  to  be  made  good  at  once  by  the  pur- 
chaser of  this  franchise. 

Art.  2558.  Cars  to  be  run  at  intervals  of  not  greater    Hours. 
than  five  minutes  from  5   o'clock  a.  m.    to    10   o'clock 
P  M.  and  not  greater  than  fifteen  minutes  from  10  p.  m. 
to  12  o'clock  midnight,  and  not  greater  than  30  minutes 
from  midnight  to  5  o'clock  a.  m. 


936  RAILROADS. 

Fares.  Art.  2559.     The  fare  shall  be  fixed  at  five  cents  for 

any  distance,  excepting  from  12  o'clock  midnight  to  5 
A.  M.,  when  the  fare  will  be  ten  cents. 

Square  block  Art.  2560.  All  strccts  through  which  the  tracks  run 
Luk'."  ^  ^°  ^^  — according  to  franchise — which  are  paved  with  square 
block,  it  (the  square  blocks),  where  directed  by  the 
City  Engineer,  shall  be  taken  up  from  curb  to  curb  and 
the  whole  laid  at  such  grade  as  the  City  Engineer  shall 
establish. 

Specifications     Art.  2561.  Any  soft  or  rotten  earth  in  sub-grade  to  be 

tor  relaying  ♦'  " 

square  b  I  o  c  k  removed  and  filled  with  bats  of  gravel,  and  the  whole 

pavement.  "  ' 

sub-grade  to  be  solid,  firm  and  uniform.  This  sub-grade 
to  be  twelve  inches  below  grade,  on  top  of  .which  will  be 
placed  a  cushion  of  gravel  in  which  will  be  set  the  stone. 
This  gravel  cushion  to  be  of  proper  depth  to  allow  the 
surface  of  pavement  to  be  three-eighths  inch  above  grade 
given  when  stone  is  thoroughly  rammed ;  the  gutters 
and  wings  to  be  constructed  to  grades  and  under  direc- 
tions given  by  the  City  Engineer ;  the  curbing  to  be  re- 
lined  when  necessary.  Where  necessary  to  improve 
drainage,  a  counter  curb  of  blue  stone  three  and  one- 
half  to  four  inqhes  thick  will  be  furnished  and  set,  and 
where  this  counter  curb  is  four  inches  deep  the  gutter  is 
to  be  of  concrete  on  a  bed  of  six  inches  of  gravel,  other- 
wise the  gutter  will  be  of  regular  gutter  stone  set  t<> 
grade  given  by  the  City  Engineer.  Any  wing  curb> 
which  are  too  narrow  or  broken,  and  any  square  block 
which  is  unshapen,  too  badly  abraded  or  cracked,  and 
which  can  not  be  laid  in  a  satisfactory  manner  will  l)e 
removed  and  to  become  the  property  of  the  purchaser  of 
this  franchise,  who  will  furnish  new  of  same  quality  a> 
the  old.  The  stone  between  tracks  and  between  rai]> 
will  be  laid  at  right  angles  to  the  street.  All  stoii 
between  gutter  and  outer  rail  of  tracks  to  be  laid  diag- 
onally. The  stone  adjoining  rail  to  be  neatly  cut  and  to 
make  a  joint  against  the  outer  rail  not  more  than  three- 
eighths  of  an  inch  open.  The  whole  pavement  when 
laid  to  have  interstices  filled  with  coarse  sharp  sand  and 
fine  gravel  and  swept  in  by  brooms,  and  the  joints  to  be 
run  full  with  hot  coal  tar.  The  old  paving  stone  will  be 
laid  with  their  fairest  face  up. 


RAILROADS.  987 

Art.  2r)62.  Ail  culverts  crossing  streets  whicli  are  Bridges  i  or 
paved  witli  square  blocli,  and  througii  wliicli  the  traci^s  wkh  s  q  u  a^^e 
of  these  lines  run,  shall  be  rebuilt  with  brick  walls, 
cement  bottoms  and  iron  covers,  and  according  to  plans 
furnished,  and  under  the  direction  of  the  City  Engineer. 
If  in  the  opinion  of  the  City  Engineer — with  the  view 
to  improving  drainage — it  is  necessary  to  widen  bridges, 
already  covered  with  iron,  same  will  be  widened  and 
new  iron  covers  furnished  by  the  purchaser  of  these 
franchises.  The  object  being  that  while  the  work  is  being 
done  and  the  streets  torn  up  the  work  may  be  in  every 
way  substantial  and  in  such  manner  as  to  best  subserve 
the  public  interests,  as  also  the  interests  of  the  pur- 
chaser of  these  franchises. 

Art.  2563.  On  all  streets  now  paved  with  cobble-stone,  .  cobblestone 

^  '  streets. 

through  which  the  track  of  these  lines  run,  the  portions 
between  tracks  and  rails  and  for  a  distance  of  twelve  inches 
on  each  side  of  outside  rail  will  be  laid  with  Belgian 
block  pavement  on  a  base  of  concrete  six  inches  thick, 
excepting  on  such  streets  where  there  are  tracks  owned 
by  other  corporations.  On  streets  where  there  are  tracks 
owned  by  other  corporations  the  purchaser  of  these 
franchises  shall  be  obligated  to  keep  in  repair  the  side 
of  the  street  upon  which  their  tracks  are  built  from  the 
curb  to  the  centre  of  such  street,  and  the  material  with 
which  these  streets  shall  be  rebuilt  or  repaired  shall 
correspond  with  what  is  obligatory  on  the  part  of  the 
corporation  owning  the  other  track  or  tracks.  The 
street  between  the  gutter  and  the  Belgian  block  to  be 
graded  and  the  cobble-stones  i-elaid  to  the  grade  given 
by  the  City  Engineer  and  to  his  satisfaction.  When 
necessary  to  use  counter-curb,  same  will  be  furnished 
and  set  three  and  one-half  to  four  inches  thick  and  the 
gutter  bottom  will  be  of  concrete,  otherwise  gutter  bot- 
toms will  be  of  usual  grade  of  gutter  stone.  All  wooden 
wings  or  broken  stone  wings  will  be  replaced  by  new 
stone  wings  three  and  one-half  to  four  inches  thick. 
All  bridges  to  be  of  brick  with  iron  covers,  same  as 
specified  above  for  square  block. 

Art.  2564.  Through  all  unpaved  streets  traversed  by 


938  RAILROADS. 


streets 


u  n  p  a  V  e  d  the  rails  of  these  lines  the  space  between  tracks  may  be 
paved  at  the  option  of  the  purchaser  of  these  franchises 
with  either  Belgian  block  (as  above  specified  for  cobble- 
stone streets),  or  with  cobble-stones,  or  with  three  by 
twelve  inch  yellow  pine  plank  laid  transversely,  with  four 
by  twelve-inch  counter  plank  on  outside  of  outside  rails 
placed  flushed  with  top  of  rails.  All  planks  to  be  thorough- 
ly secured  in  a  satisfactory  manner  to  the  City  Engineer. 
The  gutters  and  wings  to  be  renewed  with  wood  where  re- 
quired by  the  purchaser  of  these  franchises  and  construct- 
ed to  plans  and  placed  to  grades  furnished  by  the  City 
Engineer.  Gutter  bottoms  to  be  two  inches,  wings  three 
inches,  counter  curb  two  inches  by  eight  inches,  all  of 
good  cypress  lumber.  All  bridges  to  be  constructed 
with  brick  walls,  concrete  bottom  and  wood  top,  as  per 
plans,  and  to  grades  furnished  by  the  City  Engineer. 
The  dirt  roadway  on  each  side,  between  rail  and  gutter, 
to  be  graded  to  lines  and  grades,  and  to  the  satisfaction 
of  the  City  Engineer.  The  low  places,  or  places  where 
the  grade  established  requires  filling  the  street,  will  be 
filled  by  the  purchaser  of  these  franchises. 

Maintenance.  Art.  2565.  All  the  strccts  through  which  the  tracks, 
under  the  provisions  of  the  franchise,  run,  shall  be  first 
placed  in  first-class  order,  as  per  the  above-enumerated 
classes,  and  the  streets  paved  with  old  square  block,  new 
square  block,  cobble-stone,  as  also  the  dirt  streets,  shall 
be  maintained  in  first-class  order  from  curb  to  curb,  in- 
cluding all  gutters,  wings,  gutter  bottoms,  bridge  tops, 
culverts,  walls,  counter  curb,  cross  walks,  roadbed, 
paving,  etc.,  for  the  whole  period  the  franchises  are 
enjoyed  by  the  purchaser,  his  or  their  heirs  or  assigns. 

Enforcement     Art.  25G6.  The  Commlssioncr  of  Public  Works  is  to 

obligations.  ,  ,  ,         . 

be  the  sole  judge  as  to  what  shall  constitute  proper 
maintenance,  and  any  official  communication  addressed 
by  him  to  the  party  having  in  charge  the  property  con- 
veyed by  this  franchise  shall  receive  attention  within 
forty-eight  hours,  and  in  the  event  of  no  reply  or  re- 
sponse to  said  official  letter  of  said  Commissioner  of 
Public  Works  to  said  party  in  said  time,  the  Commis- 
sioner of  Public  Works  shall  officially  notify  the  presi- 


RAILROADS.  939 

dent  of  the  company  or  his  representative,  according  to 
the  charter  of  the  company,  setting  forth  in  plain  man- 
ner what  is  required  to  be  done  to  comply  with  the  ob- 
ligations of  the  said  purchaser  or  purchasers  of  this 
franchise,  his  or  their  heirs  or  assigns ;  and,  if  after 
three  days,  no  steps  are  taken  or  no  agreement  is  reached 
relative  to  the  matter  in  hand,  the  Commissioner  of 
Public  Works  shall  cause  to  be  made  the  repairs  or  re- 
construction necessary,  and  will  present  a  bill  for  the 
cost  of  same  for  payment  to  the  said  owner  of  the  fran- 
chise. And  in  the  event  of  failure  to  at  once  liquidate 
the  debt,  the  amount  of  said  bill  incurred,  in  accordance 
with  the  above  restrictions,  shall  be  collected  without  any 
cost  or  trouble  of  any  nature  or  kind  whatsoever  from 
the  bond  given,  it  being  understood  that  the  wording  of 
the  bond  shall  be  such  as  to  admit  of  the  easy  and  suc- 
cessful enforcing  of  the  above-mentioned  provisions. 

Art.  2567.  If  at  any  time  during  the  term  of  the  Future  paving- 
franchise  the  streets  traversed  by  these  lines,  now  paved  °^  ^^'■'='''^- 
with  cobble-stone,  or  dirt  streets,  should  be  paved,  the 
purchaser  of  the  franchise,  his  or  their  heirs  or  assigns, 
shall  assume  the  city's  portion  of  said  payment  and 
shall  pave  between  the  tracks  and  rails  with  the  same 
pavement  as  that  laid  on  the  balance  of  the  street,  ex- 
cepting where  Belgian  square  block  pavement  is  at  the 
time  already  laid.  Should  gravel  be  used  in  the  paving 
of  streets,  the  space  between  the  rails  and  twelve  feet  on 
outside  of  rail  shall  be  paved  with  Belgian  block,  laid  on 
a  concrete  foundation  of  six  inches,  as  above  specified 
for  cobble-stone  streets. 

Art.  2568.  The  party  or  parties  to  whom  the  right  of    ^, 
way   is  sold  shall  engage  and   contract  with  the  city   of 
New   Orleans  to  commence,   within  sixty  days  from  the 
adjudication  of  the  contract,  the  following   pavements  : 

1.  The  paving  on  the  north  side  of  Howard  avenue 
from  Rampart  street  to  Baronne  street,  including  the  in- 
tersection at  Rampart  street. 

2.  The  paving  of  Jackson  street  from  Baronne  street 
to  the  swamp  side  of  Freret  street. 

3.  The  paving  of  Baronne  and  Dryades  streets  from 


940  RAILROADS. 

Louisiana  avenue  to  Napoleon  avenue.  All  the  above 
streets  to  be  paved  with  either  Rosetta  or  Hoskins  gravel, 
under  the  general  specifications  for  gravel  pavements  on 
file  in  the  office  of  the  City  Engineer,  at  the  sole  cost  of 
the  purchaser. 
trL^lireeu^^'''  '^^^'  ^^^^ •  Thc  square  block  paving  on  Chartres 
street,  from  Canal  street  to  Esplanade  street,  shall  be 
entirely  taken  up  and  relaid  to  lines  and  levels  and  in  a 
manner  satisfactory  to  the  City  Engineer,  as  fully  de- 
scribed under  specifications  for  relaying  square  block 
pavement  as  above  enumerated. 
Bonds.  Art.  2570.  All  bidders  for  these  franchises  will  be 

obligated  to  carry  out  the  stipulations  and  conditions 
contained  in  the  foregoing  specifications,  and  as  a  bonus, 
or  in  addition  to  what  is  specified  above,  bidders  will 
state  how  much  money  they  will  expend  in  the  pave- 
ment, on  the  presentation  of  the  certificates  issued  to 
the  contractor,  as  provided  by  law,  of  the  city's  portion 
of  gravel  pavements  to  be  laid  on  such  streets  as  the 
Council  may  designate. 
wSmSfp.'^  Art.  2571.  All  the  materials  furnished  and  work  done 
by  the  purchaser  or  purchasers  of  these  franchises  shall 
be  first  class  in  every  particular  and  to  the  entire  satis- 
faction of  the  City  Engineer,  who  shall  be  sole  judge 
as  to  all  materials  and  workmanship,  and  all  the  work 
done  shall  be  completed  to  lines  and  grades  under  the 
directions  of  the  CAty  Engineer.  In  the  construction  of 
the  work  and  in  the  maintenance  of  the  same,  as 
described  in  the  foregoing  specifications,  the  purchaser 
or  purchasers  of  these  franchises,  his  or  their  heirs  or 
assigns,  shall  comply  with  all  existing  police  regulations, 
and  shall  be  governed  by  Article  No.  133  of  the  acts  of 
the  Legislature  of  Louisiana  for  the  year  1882  as  to  pen- 
alties, etc. 
Time  of  com-  Art.  2572.  The  purchaser  shall  begin  the  construction 
"completion  of  of  the  railroad  provided  for  under  these  franchises 
*^°'  '  within  sixty  days  from  the  date  of  the  signing  of  the 

notarial  contract,  and  shall  complete  the  same  within 
twelve  months  from  the  date  of  such  commencement. 
The  city  reserves  the  right  to  reject  any  and  all  bids. 


RAILROADS.  941 

Art.  2578.  That   the   Mayor   be   and    he    is    hereby    AccepUnj^bid 

,.,,,.  ,  .  .    ,  of  Judah  Hart. 

authorized  and  directed  to  enter  into  notarial  contract  Ord.  No,  6742, 
with  Judah  Hart  for  the  ri»ht  of  way  for  street  railway  se'pt  29, 1892. 
purposes  for  the  term  of  twenty-five  years  over  the  cer- 
tain streets  specified  in  Ordinance.  No.  6352,  Council 
Series,  and  in  accordance  with  terms  and  specifications 
contained  in  Ordinance  No.  6353,  Council  Series,  as  per 
his  bid  of  September  10,  1892. 

NEW  ORLEANS  BELT  RAILROAD. 

Art.  2574.  (1)  That  Adolph  Schreiber,  L.  J.  Higby,    To  construct 
their  associates  and  assigns,  be  and  are. hereby  author- for  freight, 
i zed  and  empowered  to  build   and  lay  down  a  railway  a.  s.'    °'^°°^ 
track,  with  all  switches,  turnouts   and   sidetracks  that 
may  be  necessary,  according  to   lines   and   levels  fur- 
nished by  the  City  Surveyor,  and  operate  the  same  by 
steam   or   otherwise,  for   the   transportation  of   grain, 
merchandise  and  any  other  product  or  freight,  to- wit: 

Commencing  at  a  point  at  or  near  the  intersection  of  Route. 
Louisiana  avenue  and  Water  street ;  thence  down  through 
Water  street  to  a  point  on  the  levee  at  the  head  of  Julia 
street,  with  the  right  to  connect  their  said  track  with 
the  main  track  of  the  New  Orleans,  Jackson  & 
Northern  Railroad  by  a  line  extending  from  the  initial 
point  down  Louisiana  avenue  to  the  intersection  of  said 
avenue  with  said  railroad,  and  also  the  right  to  connect 
their  track  with  the  depots  or  termini  of  the  New  Or- 
leans, Jackson  &  Northern  Railroad,  Morgan's  Louisi- 
ana &  Texas  Railroad,  New  Orleans  &  Mobile  Rail- 
road, and  New  Orleans  Pacific  Railroad,  by  the  shortest 
and  most  convenient  streets  or  lines,  on  application  by 
said  company  to  that  effect. 

Art.  2575.  (2)  That  this   right  of   way,    franchises     Duration  of 
and   privileges  is  granted   for  the  term  or  twenty  years,  p"^''^^^- 
on  the  following  conditions,  to-wit : 

(a)  The  said  grantees  shall  commence  the  building  of  whentocom- 
said  track  within   sixty  days   after  the   passage  of  this  ™^"*"' "'°''''' 
ordinance,    and  have   so  much  of  the  same  as  connects 
the  terminus  of   the   New  Orleans,  Jackson   &    North- 
ern Railroad  with  the  grain  elevator  complete   and    in 


942  RAILROADS. 

To  be  com-  running  order  within  nine  months  from  the  passage  of 

the  same,     That  the  connection  from  the  grain  elevator 

Additional  con- through  Louisiaua  avenue,  connecting  with  the  Jackson 

&  Northern  Railroad,   be  completed  within   two  years 

from  the  passage  of  this  ordinance,  under  penalty  of  the 

Forfeiture,  forfeiture  by  said  company  of  all  the  rights  and  fran- 
chises granted  to  her  to  run  through  Louisiana  avenue. 

streets  to  be      (J))  The  Said  grantccs  are  to  replace  in  good  order  so 

kept  ingood^^  "  ^  ^ 

order.  much  of  the  streets  as  may  have  been  disturbed  or  torn 

up  by  the  construction  of  said  railroad,  and  when  the 
same  passes  through  paved  streets,  or  streets  which  may 
hereafter  be  paved,  shall  keep  in  like  good  order  and 
condition  every  portion  of  said  streets,  from  curb  to 
curb,  including  bridges  and  crossings,  during  the  entire 
term  of  this  franchise;  provided,  that  this  clause  does 
not  apply  to  such  streets  or  portions  of  streets  the  repair 
or  good  condition  of  which  is  heretofore  provided  for  by 
previous  contracts, 
c.ty  Surveyor.  All  work  shall  bc  cxecutcd  under  the  direction  and 
supervision  of  the  City  Surveyor,  and  completed  to  the 
satisfaction  of  the  Administrator  of  Improvements  and 
the  Administrator  of  Commerce. 
Trackage.  (c)  Said^ailroad  shall  be  open  to  the  use  of  any  rail- 

road terminating  in  the  city  of  New  Orleans  at 
agreed  rate  of  transportation  or  trackage,  subject 
such  rules  and  conditions  as  may  be  necessary  for  tht 
safe  and  convenient  use  of  the  same;  provided,  nothing 
herein  contained  shall  be  construed  as  giving  a  righi 
to  any  of  said  companies  to  supply  their  own  motive 
power. 

For  freight  Art.  2576.  (3)  That  the  right  herein  granted  shal 
apply  only  to  a  railroad  for  freight  purposes,  and  the 
the  track  shall  never  be  used  or  converted  into  a  thor-^ 
oughfare  for  the  transportation  of  passengers  withoul 
the  consent  of  this  Council,  and  provided,  moreover^ 
that  the  said  grantees,  associates  and  assigns  shall  not 
permit  the  use  of  their  track  for  any  connecting  railroad 
whose  tariff  rates  of  transportation  for  freight  (inwarc 
or  outward  bound)  shall  show  any  discrimination  againsj| 
the  city  of  New  Orleans. 


RAILROADS.  943 

Art.  2577.  (4)  That  the  fuel  and  motive  power  used  Motive  power. 
upon  said  road  shall  be  similar  to  that  in  use  on  St. 
Joseph  street  by  the  New  Orleans,  Jackson  &  Northern 
Railroad,  so  as  to  offer  the  slightest  inconvenience  pos- 
sible to  the  residents  along  the  line  of  said  track.  It  is, 
moreover,  nnderstood  that  in  case  of  the  erection  of  any 
other  elevators  in  the  future  similar  to  the  present  one  in 

Discrimination 

front  of   Harmony  street,  that  they  shall  be  entitled  to    not  allowed, 
equal  connections  and  the  same  advantages,  and  that  no 
discrimination  shall  be  made  against  the  new  ones  or  in 
favor  of  the  present  elevator   by  said  railroad  company. 

Art.  2578.  (5)  That  this  ordinance  take  effect  from    Repealing 

.  ^  clause. 

and  after  its  passage. 
Art.  2579.  (1)  That  the  New  Orleans   Belt  Railroad    To  construct 

/^  ,,.  T-iT  Til  o  '^'Iroad   track. 

Company,  a  duly  incorporated  body  under  the  laws  of  Nov.,  1S70. 
Louisiana,  be  and  is  hereby  authorized  and  empowered 
to  construct,  maintain  and  operate  a  railway  track  with 
all  switches,  turnouts  and  sidetracks  that  may  be  neces- 
sary, according  to  lines  and  levels  furnished  or  to  be 
furnished  by  the  City  Surveyor,  approved  by  the  City 
Council,  and  operate  the  same  by  steam  power  or  other- 
wise, for  the  transportation  of  grain,  merchandise  and 
other  product  or  freight  on  the  following  lines  and 
streets  and  places  in  the  city  of  New  Orleans,  to-wit: 

Commencing  at  the  intersection  of  the  main  line  of  Right  o<  way. 
the  Chicago,  St.  Louis  &  New  Orleans  Railroad  at  Clai- 
borne street,  or  at  such  distance  therefrom  as  to  make 
an  ea.sy  curve  from  said  main  track  into  Claiborne  street ; 
thence  up  Claiborne  street  to  Louisana  avenue ;  along 
and  up  Louisiana  avenue  to  Water  street  and  the  Missis- 
sippi river ;  down  Water  street  from  Louisiana  avenue 
to  head  of  Julia  street,  with  the  right  to  connect  their 
said  track  with  the  main  track  of  the  Chicago,  St,  Louis 
&  New  Orleans  Railroad ;  thence  down  St.  Joseph  and 
other  streets  on  the  line  now  operated  by  the  Chicago, 
St.  Louis  &  New  Orleans  Railroad  to  the  point  of  begin- 
ning ;  with  also  the  right  to  connect  their  track  by  the 
shortest  and  most  convenient  lines  and  streets  with  the 
depots  and  termini  of  the  New  Orleans  &  Mobile  Railroad, 
New  Orleans  Pacific   Railroad   and  Morgan's  Louisiana 


944  RAILROADS. 

&  Texas  Railroad,  and  any  other  railroad  freig-ht  depots 
that   may   be  established,    on   application  to   the   City 
Council  of  the  city  of   New  Orleans  by  said   companies 
to  that  effect,  respectively,  or  by  any  one  of  them. 
Terms  and     Art.  2580.  (2)  That  tMs   right   of   wav,  franchises 

conditions      of., 

grant.  and  privileges  are  granted  for  the  term  of  twenty  years 

on  conditions  following,  to-wit : 
streets  to  be      («)  That  Said  grantees  are  to  replace  in  good  order  s(» 

condition.  much  of  the  strccts  as  may  have  been  disturbed  or  torn 
up  by  the  construction  of  said  railroad,  and  when 
the  same  passes  through  paved  street  or  streets  which 
may  hereafter  be  paved  shall  keep  in  like  good  order 
and  condition  every  portion  of  said  streets  from  curb 
to  curb,  including  bridges  and  crossings,  during  the  en- 
tire term  of  this  franchise ;  provided,  that  this  claust^ 
does  not  apply  to  such  streets  or  portions  of  streets  the 
repairs  or  good  condition  of  which  is.  heretofore  provided 
for  by  previous  contracts.  All  work  shall  be  executed 
under  the  direction  and  supervision  of  the  Administra- 
tor of  Improvements  and  City  Surveyor  and  completed 
to  the  satisfaction  of  the  Administrator  of  Improve- 
ments and  the  Administrator  of  Commerce. 
Traciiage.  (&)  Said   railroad   shall   be   open   to   the  use  of  an_\ 

railroad  terminating  in  the  city  of  New  Orleans  at  an 
agreed  rate  of  transportation  or  trackage,  subject  to  sucli 
rules  and  conditions  as  may  be  necessary  for  the  safe 
and  convenient  use  of  the  same;  provided,  nothinir 
herein  contained  shall  be  construed  as  giving  a  right  tn 
any  of  said  companies  to  supply  their  own  motive  power. 

Right  granted     Art.  2581.   (3)  That  the   right   herein  granted  shall 

road^oniiy.  '^*'^"  apply  Only  to  a  railroad  for  freight  purposes,  and  th;i 
the  track  shall"  never  be  used  or  converted  into  .. 
thoroughfare  for  the  transportation  of  passengers,  with- 
out the  consent  of  the  Council,  and  provided,  moreover, 
that  said  grantees,  associates  and  assigns  shall  not  per- 
mit the  use  of  their  track  for  any  connecting  railroad 
whose  tariff  rates  for  transportation  of  freight  (inward 
or  outward  bound),  shall  show  any  discrimination  against 
the  city  of  New  Orleans ;  and  provided  further,  that  if 
the  said  New  Orleans   Belt   Railroad  Company  shall.  ;r 


RAILROADS.  945 

a  future  dav,  erect  a  union  |)asseug'ei'   depot  for  the  use  Passenger  dc- 

^  pot. 

and  accominodatiou  of  one  or  more  of  the  railroads 
terminating  in  this  city,  at  a  point  to  be  designated  and 
approved  by  the  Council,  nothing  herein  contained  shall 
be  construed  as  preventing  the  running  of  the  passenger 
trains,  complete  and  entire,  to  said  depot. 

Art.  2582.  (4)  That  the  fuel  and  motor  power  used  Fuel  and  mo- 
upon  said  road  shall  be  similar  to  that  now  in  use  on 
St.  Joseph  street  by  the  Chicago,  St.  Louis  &  New 
Orleans  Railroad,  so  as  to  offer  the  least  inconvenience 
possible  to  the  residents  along  the  line  of  said  track. 
It  is,  moreover,  understood  that  in  case  of  the  erection 
of  any  other  elevators  in  the  future,  similar  to  the 
present  one  in  front  of  Harmony  street,  that  they  shall 
be  entitled  to  equal  connections,  and  the  same  advan- 
tages, and  that  no  discriminations  shall  be  made  against 
the  new  ones,  or  in  favor  of  the  present  elevator,  by 
said  railroad  company. 

Art.  2583.  (1)  That  the  New  Orleans    Belt   Railroad    Railroad  on 

.  11     1  •     1  Claiborne  street 

Company  (assignee  of  all  the  rights  and  privileges  here-  ord.  No.  4279, 
tofore  granted  under  Ordinance  No.  4009,  Administra-  bec.isyg. 
tion  Series)  is  hereby  authorized  and  empowered  to 
construct,  maintain  and  operate  a  railroad  on  Claiborne 
street,  from  the  intersection  of  Louisiana  avenue  to  the 
track  of  the  Chicago,  St.  Louis  &  New  Orleans  Railroad, 
in  lieu  of  their  present  right  to  extend  said  road  from 
the  intersection  of  Claiborne  along  Louisiana  avenue  to 
said  main  track  of  Chicago,  St.  Louis  &  New  Orleans 
Railroad,  subject  to  all  the  provisions  and  in  accordance 
with  the  terms  and  conditions  in  said  Ordinance  No. 
4009  contained. 

Art.  2584.   (1)  That  the  New  Orleans  Belt   Railroad  uaiiroadfrom 
Company,  its  successors  and  assigns,  is  hereby  author- c fa iborn^e "to 
ized  and  empowered  to  construct,  maintain  and  operate,   Ord.No.  437:, 
by  steam  or  horse  power,  a  line  of  railroad  from  the  in-    Feb.,  1S79. 
tersection  of  Calliope  and  Claiborne  streets,  down  Clai- 
borne to  the  intersection  of  Canal  street,  on  the  central 
or  neutral  ground  of  the  same ;  provided,  that  the  bridge 
over  the  New  Canal  be  constructed  in  a  manner  to  be  at 
all  times  useful  to  the  public  for  the  passage  of  vehicles 


940  .  RAILROADS. 

and  pedestrians,  in  accordance  with  the  plans  and  speci- 
fications to  be  furnished  by  the  City  Surveyer,  and  to 
the  satisfaction  of  the  Council,  and  the  bridge-keepers 
to  be  employed  at  the  expense  of  the  Belt  Railroad  Com- 
pany. 

Union  pas-  Art.  2585.  (2)  That  the  neutral  ground  of  Claiborne 
senger  epot.^  street,  from  Common  street  to  Canal  street,  be  hereby 
dedicated  to  a  public  use  as  a  union  passenger  depot, 
and  hereby  leased  for  a  term  of  ninety-nine  years  to 
the  New  Orleans  Belt  Railroad  Company,  its  successors 
and  assigns,  for  the  purpose  of  constructing,  maintain- 
ing and  operating  a  railroad  passenger  depot  on  said 
neutral  ground,  or  so  much  thereof  as  maybe  necessary, 
with  all  such  powers  and  rights  as  may  be  appurtenant 
or  incidental  thereto,  for  and  in  consideration  of  an  an- 
nual ground  rent  of  six  per  cent,  upon  the  cash  valua- 
tion of  the  marked  ground  hereby  leased,  which  valua- 
tion is  hereby  fixed  at  the  sum  of  $40,000,  subject  to 
re-valuation  or  re-assessment  every  twenty-five  years 
from  the  commencement  of  this  lease,  payable  by  the 
said  New  Orleans  Belt  Railroad  Company  to  the  said 
city  of  New  Orleans,  in  quarterly  instalments,  begin- 
ning six  months  after  the  ratification  by  the  Legislature ; 
provided,  said  depot  is  built  in  accordance  with  plans 
and  specifications  approved  by  the  City  Council. 

Right  to  run     Art.  2586.  (3)  That  the  right  to  run  passenger  trains, 

frains!  ^ "  ^  ^  "^  of  such  railroads  as  may  contract  for  the  use  of  said 

depot  over  the  line  of  the  said  New  Orleans  Belt  Rail-.j 

road  Company  is  hereby  granted  to  said  road. 

Removal  of  Art.  2587.  (4)  That  the  building,  in  part  or  in  whole! 
market*!"  ^  '  ou  Said  Icascd  ground,  known  as  the  Claiborne  Street 
Market,  shall  be  removed  and  re-erected  at  the  cost  and 
charge  of  the  New  Orleans  Belt  Railroad  Company  on  j 
such  ground  as  may  be  designated  by  the  City  Council, 
in  accordance  with  the  plans  to  be  furnished  by  the  Cityj 
Surveyor,  and  to  the  satisfaction  of  the  Council ;  pro* 
vided,  that  the  materials  used  in  the  present  structure| 
be  employed  in  the  new  building,  except  such  as  are  un- 
fit from'  wear  or  natural  decav. 


RAILROADS.  947 

Art,  2588.  (5)  That   so   much   of   this   ordinance  as    Ratification 
leases  neutral  ground  of  Claiborne  street,  between  Canal  Assembly. 
street  and  Common  street,  is  to  take  effect  only  after  its 
ratification  and  confirmation  by  the  General  Assembly  of 
the  State  of  Louisiana,  during  the  present  session  there- 
of, otherwise  this  ordinance  shall  be  null  and  void. 

Art.  2589.  (6)  That  the   work  of  construction,  both    commence- 
of   said    railroad  and  said   depot,  shall   be  commenced  "icuon  of  wol^. 
within  six  months,  and  shall  be  completed  within  three 
years  after  said  ratification,  and  that  the  trees  on  both 
sides  of  said  railroad  shall  be  kept  up  by  said  Belt  Rail- 
road Company  at  its  own  expense. 

Art.  2590.  (7)  That  said  Belt  Railroad  shall  be  bound  Drainage  and 
to  establish  and  preserve  proper  drainage  on  all  the  *'"^'*- 
streets  intersecting  their  tracks,  and  shall  always  keep 
the  streets  and  sidewalks  crossing  their  track,  or  tracks, 
in  good  order  and  condition,  and  maintain  the  grade  of 
the  same,  the  whole  width  of  said  neutral  ground,  on 
proper  level  with  said  tracks.  They  shall  also  keep  in 
good  order  and  condition  the  banks  of  the  New  Canal,  a 
distance  equal  to  the  width  of  said  Claiborne  street,  and 
shall  keep  the  levees  of  the  same  at  such  a  height  as 
to  prevent  overflow. 

See  Neutral  Ground,  p.  528. 

watkins  railroad. 

Art.  2591.  (1)  That  the  city  of  New  Orleans  does    Franchise, 
hereby  grant  to  W.  H.  Watkins  and  his  associates,  sue-    c,s.^''°'^^^' 
cessors   or   assignees,  the  right  to  construct,  maintain   ^^'"'^^  5.  «f9S- 
and  operate  a  single  or  double  track  railroad  upon  the 
route  and  lines  hereinafter  described,  and  to  use  steam 
locomotive  or  other  appropriate  motive  power. 

Provided,  that  within  sixty  (60)  days  from  the  pro-  corporation 
mulgation  of  this  ordinance  the  saidV.  H.  Watkins '°'''°'^^"'Yb! 
and  his  associates  will,  under  penalty  of  the  nullity  of 
this  grant  by  the  mere  lapse  of  time,  cause  the  same  to 
be  transferred  to  a  corporation  organized  under  the  laws 
of  this  State  with  its  domicile  in  this  city,  which  corpo- 
ration shall  provide  in  its  charter  for  the  assumption  of 
this  grant  on  such  terms  as  may  be  agreed  upon  by  it 
and  the  said  W.  H.  Watkins  and  his  associates. 


1)48  RAILROADS. 

That  the  route  upon  which  the  said  railroad  coinpanv 
may  construct  is  as  follows  : 

Right  of  wav.  Art.  2592.  (2)  Beginning  on  Hagan  avenue  and  Cal- 
liope street,  connecting  with  the  tracks  of  the  Illinois 
Central  Railroad  Company,  thence  on  Hagan  avenue, 
connecting  with  the  switch  track  of  the  Southern  Chem- 
ical and  Fertilizing  (Company,  Limited,  thence  upon  and 
along  the  extension  of  Hagan  avenue  and  Hagan  ave- 
nue to  a  point  near  Bienville  street,  thence  along  by  the 
shortest  praetic^able  route  to  the  intersection  of  Hospital 
or  Barracks  street  and  Metairie  road,  thence  along  Hos- 
pital street  or  Barracks  to  a  point  on  or  near  Taylor 
avenue,  thence  to  Bayou  St.  John,  crossing  Bayou  St. 
John  on  an  iron  draw-bridge  with  a  clear  opening  of 
fifty  feet,  on  to  the  embankment  of  MarigQy  Canal  or 
Pleasure  street  or  avenue,  and  along  said  embankment 
or  avenue  to  Marigny  avenue,  thence  along  and  upon 
Marigny  avenue  to  Elysian  Fields  street,  with  the  right 
to  there  connect  with  the  switch  tracks  of  the  Standard 
Guano  and  Chemical  Manufacturing  Company,  and  to 
cross  and  connect  with  the  tracks  of  the  Pontchartrain 
Railway  and  the  Louisville  &  Nashville  Railroad  on 
Elysian  Fields  street,  thence  along  Florida  walk  to 
People's  avenue,  with  the  right  to  there  connect  with 
and  cross  the  tracks  of  the  New  Orleans  &  Northeastern 
Railway  to  Montegut  street,  thence  down  Montegut  street 
to  St.  Claude  avenue  and  there  connect  with  the  New 
Orleans  &  Southern  Railroad,  with  the  right  to  cross 
all  intervening  streets,  to  the  lower  limits  of  the  city, 
and  with  the  right  to  make  suitable  connections  with  the^ 
slaughterhouses  of  the  people's  Slaughterhouse  Com- 
pany and  the  Crescent  City  Slaughterhouse  Company,] 
by  spur  tracks  now  existing  or  such  others  as  may  bel 
necessary. 

Intersections.      Art.  2593.  The  right  is  further  granted  to  cross  all 
'*'•  intervening  railroads,  street  railroads,  canals,    streets^] 
alleys  and  other  unimproved  city  property  along   th< 
entire  route  above  described,  with  the  right  to  make 
such  local  variations  from  the  above  described  route 
may  construct  proper   and  suitable  curves   connecting 


RAILROADS 


949 


with  the  various  roads  and  parts  of  roads  above 
described,  and  with  the  ri^ht  to  cross  or  extend  along 
streets,  alleys,  canals  and  unimproved  city  property, 
with  the  right  to  construct  such  turnouts  and  switches  as 
may  be  necessary  to  make  a  connection  with  all  the  rail- 
roads touched  by  the  railroad  herein  described,  and  with 
the  industries  which  are  now  or  may  hereinafter  be 
located  along  said  route.  The  City  Engineer  shall  upon 
request  of  the  aforesaid  grantee  furnish  or  approve  the 
lines  and  levels  upon  which  said  railroad  tracks  or  any 
part  thereof  are  to  be  constructed,  and  said  railroad,  or 
any  part  thereof,  shall  be  constructed  upon  such  lines 
and  levels  as  furnished  or  approved,  provided  this  grant 
shall  not  interfere  with  grants  made  heretofore  by  the 
State  of  Louisiana  or  the  city  of  New  Orleans  to  other 
lailroads,  but  shall  be  subject  thereto. 

Art.  2594.  (3)  That  the  railroad  aforesaid  shall  at 
all  times  be  constructed  and  maintained  so  as  not  un- 
leasonably  to  interfere  with  the  right  of  passage  along 
and  over  the  streets  through  which  the  said  road  runs. 
All  streets  through  or  across  which  said  railroad  runs 
shall  be  restored  to  substantially  as  good  conditions  as 
they  were  prior  to  the  time  of  laying  such  tracks 
therein. 

Art.  2595.  (4)  That  proper  and  efficient  gates  shall 
l)e  placed  on  Canal  street  at  the  intersection  of  Hagan 
avenue,  and  watchmen  to  operate  said  gates. 

Art.  2596.  (5)  That  the  grantee,  his  successors  or 
assigns  aforesaid,  shall  have  the  right  to  construct 
switches,  sidetracks  and  turnouts  into  such  property  as 
they  may  acquire  and  use  for  the  purpose  of  depots, 
yards  or  repair  shops  along  the  line  of  said  railroad. 

Art.  2597.  (6)  Should  at  any  future  time  a  Belt 
Railroad  be  built,  and  it  should  become  necessary  that 
the  aforesaid  road  or  route  be  used  to  complete  such 
belt,  then  the  same  may  be  so  used  for  such  purpose. 

Art.  2598.  (7)  No  garbage  shall  be  transported  over 
the  said  road. 

Art.  2599.  (8)  This  road  or  route  shall  at  all  times 
be  open  to  any  of  the  railroads  now  entering  the  city  of 


Construction. 


itches,  etc. 
lb. 


950  RAILROADS. 

New  Orleans,  or  to  any  roads  that  may  hereafter  enter 
said  city,  or  to  any  individual  or  corporation  having- 
manufacturing  enterprises  along  the  route  of  said  road, 
or  to  any  person  or  corporation  desiring  the  use  of  sai<l 
road  for  the  transportation  of  cars  "into  and  out  of  tlit- 
city,"  upon  the  payment  of  charges  as  set  forth  in  sec- 
tion 9. 

Charges.  Art.  2600.   (9)  Charges  for  use  of  this  track  shall  not 

be  more  than  $2  per  car. 
Work  to  com-      Art.  2601.  (10)  Work  on  the  said  road  shall  com - 

Amended  by  mencc  withiu  sixty  days  after  the  final  and  conclusive 

Ord.  No.  10,872,  "^  "^ 

c.  s.  determination  by  judgment  of  the  suit  entitled  New  Or- 

leans  City  &  Lake  Railroad  Company  vs.  W,  H.  Wat- 
kins.  No.  45,472  of  the  docket  of  the  Civil  District 
Court ;  the  true  intent  and  meaning  of  this  amendment 
being  that  the  obligations  to  commence  work  in  the 
construction  of  the  railroad,  the  franchise  for  which  is 
granted  by  said  ordinance,  shall  only  begin  to  run  from 
the  final  and  conclusive  determination  of  the  said  suit. 

Bond.  Art.  2602.  (11)  The  grantee   shall   furnish  a  bond 

'^'  subject  to  the  approval  of  the  Mayor  in  the  sum  of 
twenty-five  thousand  dollars  ($25,000),  for  the  faithful 
carrying  out  of  the  provisions  of  this  ordinance. 

City  to  be     Art.  2603.  (12)  The  city  shall  be  held  harmless  from 

held  liarmless.  i    .  o  i  •  t>       ^ 

lb.  any  damages   resulting   from   the  construction   of  tli- 
operation  of  this  road. 
Term.  Art.  2604.  (13)     That    the   franchises     and    rights 

"  granted  and  acquired  by  this  ordinance  shall  endure  aiifl 
continue  for  the  term  of  ninety -nine  years  from  the  dai 
of  the  signing  of  the  contract. 
Repealing     Art.  2605.  (14)  That  all  ordinaiiccs  and  parts  of  or- 
ciause.        ^^  dinances  in  conflict  with  the  provisions  of  this  ordinance 
be  and  the  same  are  hereby  repealed. 


SWITCH   TRACK   PRIVILEGES. 

Art.  2606.  Whereas,  corporations,  firms  and  indi- 
viduals have  in  some  cases  made  application  to  the  City 
Council  for  switch  track  privileges,  which  being  granted, 
have  never  been  constructed  ;  and. 


RAILROADS.  •  951 

Whereas,  the  granting  of  such  privileges  by  the  City 
Council  is  based  upon  the  claimed  necessity  for  same ; 
therefore,  be  it  ordained. 

Art.  2607,  That  all  switch-track  privileges  heretofore    Forfeited  i  n 

^  '^  sixty  days. 

granted  by  the  City  Council  that  remain  unconstructed  Ora.  No.  .;i72, 
and  not  ready  for  operation  within  sixty  days  after  the  March  lo.iSgi, 
promulgation  of  this   ordinance  be  and  they  are  hereby 
repealed. 

Art.  2608.  That  any  and  all  switch-track  privileges    nuii  and  void 

•'  ^  ''unlebS  com- 

hereafter  granted  shall   be    required   to   be   completed  pj^^ted  in  sixty 
within  sixty  days  from  the  date  of  such  grant,  other-  i^. 

wise  to  be  null  and  void,  the  City  Engineer  being  hereby 
prohibited  from  giving  any  lines  for  such  privileges, 
except  under  the  provisions  of  this  ordinance. 

Art.  2609.  That  from  and  after  the  promulgation  of  ^.^J.^^"^  '*"*^ 
this  ordinance  each  and  every  railroad  or  other  corpora-  jP^'*''^°-  ^^'• 
tion  and  every  applicant  for  the  privilege  of  laying  a     oct.  ii,iSq2. 
switch  track  or  tracks,    siding  or  sidings,  turnout    or 
turnouts,  etc.,  shall  submit  with  such  application  plans 
or  sketches  in  duplicate,   one  copy  of  which   shall  be 
kept  each  by  the  (3ity  Engineer  and  the  Clerk  of  the 
Council  of  the  location  of  the  track  or  tracks,  etc.,  pro- 
posed width,  length,  etc.,  and  said  sketches  shall  also 
show   all   the   existing   tracks,  if    any,  and    by  whom 
claimed,   etc.     This  ordinance  to  apply  to  all  existing 
rights. 

Art.  2610.  That  all  ordinances  or  parts  of  ordinances  Repealing 
in  conflict  with  this  ordinance  be  and  the  same  are  "  '  ib 
hereby  repealed. 

Art.  2611.  Whereas,  the  railroad  switches  fronting 
the  wharves  as  now  constructed  cause  a  great  deal  of 
inconvenience  to  the  general  public  having  business 
on  the  river  front ;  therefore,  be  it  resolved. 

Art.  2612.  That  the  Commissioner  of  Public  Works  be     Planked  be- 
and  he  is  hereby  instructed  to  notify  the  various  com-  ord^No.  7310, 
panics  owning  the  said  switches  to  have  same  planked  March  14, 1893. 
between  tracks  to  the  satisfaction  of  the  Commissioner 
of  Public  Works. 

Art.  2613,  That  His  Honor,  the  Mayor,  be  and  he  is 
hereby  directed  and  authorized  to  appoint  a  committee 


1J.)2  RAILROADS. 

Belt  railroad,  of  tell  members  from  the  City  Council,  with  the  Mayor, 
c.  s.' '  "■^*°^' City  Engineer  and  City  Attorney  as  ex-officio  members 


July  3,   1894. 


of  the  said  committee,  and  that  His  Honor,  the  Mayor, 
be  further  authorized  to  request  the  various  exchanges 
and  commercial  bodies  and  labor  organizations  to  ap- 
point a  committee  of  three  from  each  of  the  said  organi- 
zations, and  that  the  various  trunk  lines  entering  the 
city  be  requested  to  each  send  a  representative  to  serve 
on  said  committee,  all  of  whom  are  to  meet  with  a  view 
of  discussing  and  determining  the  most  feasible  plan  for 
the  establishment  of  a  belt  railroad  in  the  city  of  New 
Orleans  and  to  select  the  most  suitable  route  for  same. 

SPECIFICATIONS 

FOR  THE  WORK  NECESSARY  TO  BE  DONE  TO  CHAN(iE  THE  ST. 
CHARLES  STREET  RAILROAD  COMPANY  SO  AS  TO  BE  OPERATED 
BY   ELECTRICITY. 

1.  The  road  will  be  reconstructed  in  the  manner  hereinafter 
described,  and  to  lines  and  levels  to  be  established  by  the  City 
Engineer. 

2.  All  work  to  be  done  in  a  thorough  and  first-class  manner, 
and  all  materials  furnished  to  be  first-class  and  to  the  satisfac- 
tion of  the  City  Engineer. 

3.  All  of  the  tracks  to  be  relaid  witli  side-bearing  girder  rails 
of  such  shape,  dimensions  and  weight  as  will  be  approved  by  the 
City  Engineer.  The  preferable  rail,  and  which  will  be  used 
unless  reasons  show  where  the  interests  of  all  parties  will  be  en- 
hanced, will  be  four  inches  in  depth.  By  using  the  above  rail 
the  same  section  can  be  laid  continuous  throughout  the  whole 
length  of  the  street  and  crossing  culverts. 

4.  If  it  is  decided  that  a  greater  depth  of  rail  will  be  superior 
to  be  used,  the  necessary  arrangements  will  be  reciuired  to  be 
made  so  as  to  provide  a  depth  of  rail  not  exceeding  four  inches 
across  all  culverts. 

5.  The  whole  of  the  construction  of  the  existing  tracks  to  be  re- 
moved and  the  sub-grade  excavated  smooth,  even  and  uniform  to 
a  depth  to  admit  of  the  construction  as  shown  on  the  accompany- 
ing plans  for  the  different  streets. 

6.  On  top  of  this  sub-grade  and  extending  four  feet  three  inches 
on  either  side  of  the  centre  of  track  will  be  laid  close  one  inch 
cypress  planks  in  direction  of  the  rail,  on  top  of  which  planks 
will  be  placed  four  inches  of  good  concreting  gravel,  on  which  will 
be  laid  the  crossties.  which  crossties  will  be  cypress  five  inches 
by  eight  inches  by  eight  feet  in  length.  These  crossties  to  be 
thoroughly  bedded,  rammed  and  tamped  in  the  gravel  to  bring 


RAILROADS.  053 

the  surface  of  the  rail  to  the  proper  grade,  and  every  precaution 
taken  to  have  the  ties  thoroughly  soliditied  in  the  gravel.  The 
ties  to  be  spaced  three  feet  centres,  and  the  space  between  the 
ties  to  be  tilled  in  tlush  with  the  top  of  the  tie  with  gravel  or  good 
earth  rammed  and  packed  in  position.  On  top  of  the  tie  to  suit 
the  different  classes  of  pavement  on  streets  through  which  the 
tracks  run  will  be  placed  a  stringer  directly  under  the  rail  and 
secured  to  each  crosstie  by  a  boat  spike  of  sufficient  length  to 
extend  into  the  tie  three  and  one-half  inches.  This  stringer  to 
be  of  good  sound  cypress.  This  stringer  will  be  of  sufficient 
depth  to  admit  of  the  proper  laying  of  the  different  classes  of 
pavement  on  streets  through  which  the  tracks  run. 

7.  On  dirt  streets,  anticipating  the  future  paving  of  the  streets, 
the  sub-grade  will  be  the  same  as  above  described  for  tracks  through 
streets  which  are  paved,  and  arranged  to  be  planked  with  3-inch 
plank  between  tracks  and  I'ails  and  for  a  distance  of  one  foot  on 
the  outside  of  each  outside  rail.  Should  it  be  found  that  a  greater 
depth  of  rail  than  that  above  described  will  be  preferable  to  be 
used,  dispensing  with  the  stringer,  the  preparing  of  the  sub- 
grade,  etc.,  will  be  the  same  as  that  above  described.  Should  a 
greater  depth  of  rail  be  used,  the  rail  will  be  either  cut  off  or 
arranged  in  such  manner  as  to  allow  only  a  depth  of  four  inches 
where  the  rail  crosses  culverts.  The  rail  will  be  thoroughly  se- 
cured by  spikes,  in  the  usual  manner,  to  the  stringer,  and  a  tie 
rod  ^3  by  2-inch  will  be  placed  every  eight  feet  to  prevent  the 
rails  from  spreading.  These  tie  rods  to  be  placed  in  the  centre 
of  the  web  of  rail. 

8.  Such  portion  of  the  street  as  is  necessary  to  take  up  or  dis- 
turb for  the  proper  execution  of  the  work  necessary  to  recon- 
struct the  tracks  where  the  grade  is  correct  will  be  replaced  in 
the  most  thorough  and  substantial  manner  with  the  same  quality 
of  pavement  as  now  existing.  Whenever  the  grade  is  raised  the 
pavement  shall  be  raised  and  repaired  to  form  symmetrical  arch. 
The  necessary  amount  of  paving  on  either  side  of  the  portion 
taken  up  as  is  necessary  to  rearrange  and  provide  satisfactory 
conditions  for  traffic  on  the  street  will  be  rearranged  at  the  time 
when  the  tracks  are  laid. 

9.  The  gutters  on  the  cross  and  parallel  streets  that  are  not 
paved  and  which  arr  necessary  to  rearrange  to  provide  proper 
conditions  for  the  drainage  of  the  street  and  the  use  of  the  street 
for  traffic  will  be  rearranged  by  the  company  when  the  street  is 
beiiuj  repaved  or  rearranged. 

10.  All  existing  culverts  which  are  crossed  by  this  railroad  will 
be  placed  in  a  thoroughly  first-class  order  and  to  grade  with  the 
same  (luality  of  material  now  existing  in  rinifannit;/  with  the  ex- 
isting franchise  of  this  railroad  company. 

11.  All  culverts  across  streets  which  are  now  being  improved 
will  be  constructed  of  brick,  and  of  such  dimensions  and  shapes 


954  RAILROADS. 

as  will  be  designated  by  the  City  Engineer,  and  at  the  expense 
of  the  railroad  company.  They  will  also,  when  streets  are  being 
paved  and  the  culverts  gutters  improved,  put  in  the  culverts 
gutters  under  their  tracks,  of  brick,  of  such  dimensions,  etc.. 
as  directed  by  the  City  Engineer,  at  the  expense  of  the  railroad 
company,  the  portion  of  this  work  which  will  be  charged  up  to 
the  railway  company  being  the  portion  directly  under  the  track 
and  for  a  foot  on  either  side  of  the  same  where  single  tracks  exist, 
and  where  double  tracks  exist,  one  foot  on  the  outside  of  each 
outside  rail,  and  between  the  tracks  and  rails. 

12.  The  poles  carrying  the  feed  and  trolley  wires  will  be  of 
iron  or  wood,  of  neat  design,  strong  and  substantial,  and  will  be 
imbedded  in  concrete,  the  location  of  these  poles  to  be  such  a> 
will  be  approved  by  thaCity  Engineer,  and  all  damage  accruing 
from  the  proper  erection  of  the  poles,  to  either  private  or  public 
propertv.  to  be  made  good  by  the  railroad  company.  The  wires 
to  be  thoroughly  insulated  in  the  most  approved  manner,  and  the 
whole  system  of  wiring  conveying  electricity  to  embody  the  most 
approved  appliances  for  the  operating  of  cars  by  the  trolley  sys- 
tem, or  such  other  system  as  may  be  approved. 

13.  The  motor  cars  may  haul  one  or  more  trailers.  Cars  shall  not 
be  compelled  to  stop  excepting  at  the  further  side  of  crossings, 
and  they  shall  not  wait  for  passengers  who  are  not  on  the  cross- 
ings ready  to  enter. 

14.  Where  poles  and  wires  have  already  been  erected  for  the 
operating  of  cars  by  electricity  upon  any  streets  or  parts  of 
streets  by  any  other  compan}-  or  person,  this  company  shall  use 
the  said  poles  and  wires  so  erected  upon  paj-ment  to  the  owners 
thereof  a  proper  share  of  the  cost  of  construction  and  mainten- 
ance of  said  poles  and  wires,  and  shall  not  be  permitted  to  further 
obstruct  the  street  by  the  erection  of  additional  and  unnecessary 
poles  and  wires. 

The  speed  at  which  cars  shall  run.  as  also  the  time  between 
running  of  cars,  will  be  as  may  be  from  time  to  time  determined 
proper  as  contained  in  ordinances  which  have  and  shall  be 
passed  by  the  City  Council. 

The  cars  to  be  of  the  latest  approved  pattei*n  and  finish,  and 
shall  at  all  times  be  kept  clean  and  neat  and  in  good  operating 
order,  and  shall  be  provided  with  ventilators  on  the  roof. 

The  right  is  given  for  the  company  to  rearrange  existing 
switches,  turnouts,  sidetracks  and  other  necessary  appurtenances, 
as  also  to  construct  such  others  as  are  necessary  to  provide  proper 
facilities  for  the  operating  of  the  lines  by  electricity,  provided  all 
changes  in  the  existing  conditions  or  such  new  tracks  as  may  1" 
required  for  switches,  turnouts,  sidetracks,  etc..  are  approved  »- 
to  location  and  construction  by  the  City  Engineer. 

All  special  work,  sucli  as  switches,  turnouts,   curves,  etc..  an- 


RAILROADS.  955 

to  be  approved  by  the  City  Engineer  previous  to  their  construc- 
tion. ^ 

On  neutral  ground  or  private  property  the  rails  may  be  of  the 
T  pattern. 

At  points  where  the  tracks  of  this  road  cross  the  tracks  of  other 
roads,  either  steam  or  tram,  the  crossings  shall  be  constructed 
of  steel  made  in  such  manner  as  to  form  complete  continuous 
crossings  according  to  plans  on  file  in  the  office  of  the  City 
Engineer.  Where  T  rail  crossings  are  used  an  inner  or  guard 
rail  will  extend  on  the  inside  of  each  rail  to  the  prolongation  of 
the  property  line  or  to  where  it  meets  a  girder  or  flat  rail,  and 
will  have  a  steel  rtller.  The  cost  of  construction  and  mainten- 
ance of  all  these  crossings  to  be  governed  by  the  provisions  of 
OrdirfanceNo.  6547.  C   S. 

The  maintenance  and  repair  of  the  road  when  same  is  com- 
pleted to  be  done  in  a  thorough  and  substantial  manner  and  to 
the  entire  satisfaction  of  the  Commissioner  of  Public  Works. 

All  of  the  conditions,  stipulations,  etc.,  as  to  fare,  maintenance, 
etc.,  as  provided  in  the  contract  between  this  company  and  the 
city  of  New  Orleans,  under  Ordinance  6557,  C.  S.,  to  remain  in 
full  force  and  effect. 

City  Engineek. 

Office  of  City  Engineer.  l!<>(nn  I'.i.  Citij  Hall.  Neir  Orleans,  Jul i/ 
19.  1894. 

Act  77  of  1886. 

To  amend  and  re-enact  section  918  of  the  Revised  Statutes  of 
1870,  relative  to  placing  obstructions  upon,  or  in  any  way  in- 
terfering with  railways,  and  to  increase  the  penalty  therefor. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  section  918  of  the  Revised  Statutes  of  1870  be 
amended  and  re-enacted  so  as  to  read  as  follows :  '"Whoever  shall 
place  any  obstruction  upon  any  railway  within  this  State,  with 
intent  to  hinder,  or  obstruct,  or  impede,  or  endanger  free  pass- 
ing thereon,  or  with  the  design  to  injure  the  said  railway,  or  the 
passengers,  or  engine,  or  cars  passing  thereon,  or  whoever  shall 
take  up,  or  loosen,  or  remove  any  part  of  the  superstructure  of 
any  railway,  with  like  intent  or  design,  or  whoever  shall  dis- 
place any  switch  upon  any  railway,  with  like  intent  or  design, 
shall,  on  conviction  thereof,  be  sentenced  to  imprisonment  in  the 
State  Penitentiary  for  twenty  years,  and  be  fined  at  the  discretion 
of  the  court;  provided,  the  prosecution  and  punishment  of  all 
offences  committed  previous  to  the  passage  of  this  act  shall  be 
conducted  in  conformity  with  the  laws  in  force  previous  to  the 
passage  of  this  act. 


i)3()  RAILROADS. 


Act  81  ok  1882. 


Entitled  an  act  to  authorize  the  city  of  Xevv  Orleans,  in  the  sale 
or  lease  of  franchise  or  right  of  way  for  street  railroads,  or 
other  privileges,  to  apply  the  price  paid  for  the  same  in  the 
performance  of  works  of  public  improvements  of  a  perma- 
nent character,  such  as  paving  streets,  embellishing  parks, 
etc. 

Whereas.  Notice,  as  required  by  Article  48  of  the  Constitution, 
has  been  given  of  the  intention  to  apply  for  the  passage  of  this 
act;  therefore. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  That  hereafter,  whenever  the  city  of  New  Orleans, 
through  her  proper  authorities,  shall  contract  with  private  cor- 
porations or  individuals  for  the  sale  or  lease  of  public  privileges 
or  franchises,  such  as  the  right  of  way  for  street  railroads,  or  for 
other  public  undertakings,  within  her  legal  power  and  control, 
the  price  paid  for  the  sale  or  lease  of  public  privileges  or  fran- 
chises shall  be  applied  by  said  city  in  the  performance  of  works 
of  public  improvement  of  a  permanent  character,  such  as  paving 
streets,  embellishing  parks,  etc. 

Sec.  2.  Be  it  further  enacted,  etc..  That  all  laws  and  parts  of 
la'vs,  and  especially  so  much  of  section  10  of  Act  No.  31,  Acts 
of  1876,  known  as  the  Premium  Bond  Act,  and  of  section  5  of 
Act  No.  133,  Acts  of  1880,  as  may  be  in  conflict  herewith,  be  and 
the  same  are  hereby  repealed. 

Act  133  of  1888. 

Providing  a  summary  remedy  against  corporations  to  compel  a 
compliance  with  certain  obligations  and  contracts  with  mu- 
nicipal corporations,  and  providing  ways  and  means  to 
enforce  said  remedy. 

Section  1.  Be  it  enacted  by  the  don'ral  Assembly  of  the  State 
of  Louisiana. 'L'hat  in  a,\\  csises  wiiere  any  corporation  has  here- 
tofore contracted  with,  or  may  hereafter  contract  with,  or  shall 
be  otherwise  legally  bound  to  any  parish  or  municipal  corpora- 
tion in  this  State,  with  reference  to  the  paving,  grading,  repair- 
ing, reconstructing  or  care  of  any  street,  highway,  bridge,  cul- 
vert, levee,  canal  ditch  or  crossing,  and  shall  fail  or  neglect  to 
perform  said  contract  or  obligation,  the  said  parish  or  municipal 
corporation,  or  any  officer  thereof,  or  any  five  taxpayers  thereof, 
shall  have  the  right  to  proceed  by  a  writ  of  mandamus  to  com- 
pel the  performance  of  said  contract  or  obligation,  or  any  part 
thereof,  which  writ  of  mandamus  shall  be  made  returnable  in 
five  days,  shall  be  tried  by  preference  over  all  other  cases,  with- 
out a  jury  in  vacation,  as  well  as  in  term  time,  and  in  case  of  ap- 
peal shall  be  tried  by  preference  in  the  appellate  court. 

Sec.  2.  Be  it  further  enacted,  etc..  That  in  case  any  corporation 


RAILROADS.  957 

shall  fail  or  neglect  to  comply  satisfactorily  with  am'  judgment 
against  it  in  such  a  proceeding  within  the  time  therein  tixed 
(which  time  shall  be  tixed  by  the  court  at  such  period  within 
which  the  work  can  be  reasonably  done),  it  shall  be  the  duty  of 
the  court,  on  contradictory  motion  and  proof  taken  in  the  same 
case,  to  issue  a  writ  of  distringas  against  said  company,  and  to 
order  the  sheriff  to  do  the  work  required  to  be  done,  and  to  ap- 
ply the  revenues  and  property  of  said  company  to  defray  the  ex- 
penses incurred  in  executing  the  judgn)ent  of  the  court. 

Sec.  3.  Be  it  further  enacted.,  etc.,  That  all  laws  and  parts  of 
laws  contrary  to  the  provisions  of  this  act  be  and  the  same  are 
hereby  repealed. 

Right  of  way  granted  over  State  lands.     Act  84  of  1882. 

To  protect  life  and  prevent  accidents  on  trains  and  cars  of  rail- 
road companies  throughout  the  State.     Act  39  of  1882. 

Transfer  of  rights  and  franchises  of  railroads  to  purchasers 
under  foreclosure  provided  for.     Act  38  of  1877. 

To  provide  equal  but  separate  accommodations  for  the  white 
and  colored  races  in  the  depots  of  railroad  companies,  and  defin- 
ing the  duties  and  powers  of  the  agents  and  their  employees  of 
such  railways.     Act  98  of  1894. 

Relative  to  certain  contracts  for  the  sale,  conditional  sale,  lease 
or  hire  of  railroads  and  street  railway  equipment  and  rolling 
stock,  and  granting  a  lien  and  privilege  in  such  cases,  and  pro- 
viding for  the  recording  thereof .     Act  111  of  1896. 

Fixing  the  maximum  tariff  to  be  charged  by  railroad  companies 
>r  carrying  passengers  in  this  State,  and   providing  a   penalty 

>r  violation  of  same.     Act  133  of   1894. 

Relative   to  special   elections  in  the   parishes,  cities  and  incor- 

)rated  towns  of  this   State  for  the   purpose  of  levying   special 
ixes  in  aid  of  railway  enterprises.     Act  153  of  1894. 

N.  O.  &  Gt.  X.  R.  R.  Co.,  extending  tracks  to  river.  Act  78 
W 1870. 

Consolidation  with  Miss.  Central  authorized.     Act  42  of  1874. 

Consolidation  with  Chicago,  St.  Louis  &  X.  O.  R.  R.  ratified, 
let  89  of  1878. 

,N.  O.,   Mobile   &   Chattanooga  R.  R.  Co.,  incorporated.     Act 
of  1868. 

Exclusive  wharf  privileges.     Act  67  of  1869. 

X.  O.,  Mobile  &  Texas  R.  R.  Co.  authorized  to  convey  to 
X.  O.  &  Texas  R.  R.  Co.  certain  property  and  franchises.  Act 
86  of  1874. 

X.  O.  (fc  X.  E.  R.  R.  Co.,  incorporation  of  the  Mandeville  & 
Sulphur  Springs  R.  R.  Co.     Act  159  of  1868. 

Xame  changed  to  X.  O.  &  X.  E.  R.  R.     Act  60  of  1871. 

Extension  to  Xew  Orleans.     Act  106  of  1871. 

X.  O.  Pacific  R.  R.  Co.,  incorporated.     Act  14  of  1876. 


958  RAILROADS. 


Decisions. 


The  city  may  grant  the  right  of  way  in  the  streets  to  private 
individuals  for  a  limited  period,  with  the  privilege  of  laying  rails 
and  running  horse  cars  over  them,  in  such  a  manner  as  not  to 
prevent  the  use  of  the  streets  by  other  inodes  of  conveyance,  and 
according  to  a  fixed  tariff.  Such  power  may  be  exercised  under 
Act  14th  March,  1816,  Sec.  1,  Xo.  37;  8th  March,  1836,  Sec. 
20,  No.  16;  21st  March,  1850,  Sec.  19,  No.  202;  14th  March 
1855,  Sec.  7,  No.  131;  C.  C.  859;    14  An.  842. 

Can  allow  railroad  on  streets.     34  An.  467;  35  An.  643,  1067. 

The  city  has  a  right  to  grant  a  right  of  way  through  her  streets 
and  other  property.     35  An.  1062. 

The  Legislature  of  the  State  has  vested  the  city  of  New  Orleans 
with  authority  to  regulate  the  use  of  her  streets,  and  to  authorize 
the  establishment  thereon  of  railroads  operated  by  steam.  38  An. 
599. 

The  original  guarantee  from  the  city  of  New  Orleans  of  a  fran- 
chise, or  privilege,  of  a  right  of  way  over  certain  streets  for  rail- 
roads, for  a  term  of  twenty  years,  can  not,  after  the  expiration  of 
said  term,  enjoin  the  city  from  advertising  and  selling  the  same 
franchise  on  the  ground  that  the  city  has  failed  to  comply  with  its 
alleged  contract  obligation  to  take  and  pay  for  its  "  railroad,  roll- 
ing stock,  equipments  and  fixtures."*  Such  failure,  even  if  the 
obligation  existed,  could  not  operate  to  prolong  the  franchise,  or 
to  restrain  the  city  in  the  exercise  of  its  sovereign  authority  over 
its  streets  for  the  benefit  of  the  people  to  whom  they  belong  in 
common.     39  An.  709. 

Under  the  Constitution  and  law  of  the  State  of  Louisiana,  the 
city  of  New  Orleans  is  clothed  with  full  and  exclusive  power  to 
grant  franchises  for  the  construction  and  operation  of  passenger 
street  railways,  by  steam  or  horse  power,  within  her  corporate 
limits,  including  the  right  of  regulating  the  rates  of  fare  to  be 
exacted  by  said  corporation  for  the  transportation  of  passengers. 
The  city's  discretion  in  regulating  such  matters  is  not  subject  i 
judicial  control  or  interference,  unless  arbitrarily  or  unlawfullj 
exercised.     40  An.  446. 

The  citj'^  of  New  Orleans,  by  delegated  power  from  the  LegiS'^ 
lature,  has  the  paramount  control  and  regulation  of  the  streets 
the  city,  and  can  grant  the   use  of  street  railways  already  con- 
structed to  another  which  she  has  authorized  to  be  operated. 

The  City  Council  can  not  grant  the  exclusive  use  of  the  street 
to  a  street  railway,  and  deprive  succeeding  Councils  of  th« 
power  of  performing  the  duty  of  regulating  the  use  of  the  street 
in  such  manner  as  it  may  deem  best  for  the  public  interest. 

The  proprietary  right  which  a  street  railway  has  on   its  track 
is  subject  to  the  right  of  eminent  domain.     41  An.  561. 


RAILROADS.  959 

Fayinent  of  bonus  does  not  confer  immunity  from  payment  of 
raxes,  unless  expressly  stipulated  in  contract.     41  An.  4. 

Act  133  of  1888,  which  authorized  mandamus  proceedings  to 
coerce  specific  performance  of  contractual  obligations  in  certain 
cases,  is  not  unconstitutional. 

Under  a  contract  by  a  city  with  a  railroad  company,  giving 
right  of  way,  that  the  latter  shall  keep  in  good  order  and  condi- 
tion, from  curb  to  curb,  the  streets,  intersections,  bridges,  etc., 
throiKjh  which  its  tracks  pass,  it  can  not  be  claimed  that  tlie  com- 
pany is  under  the  obligation  of  keeping  in  such  condition  streets 
»n  which  its  tracks  do  not  pass  and  which  extend  alongside  of 
and  border  on  middle  or  neutral  grounds,  dividing  them,  com- 
prised between  curbs  or  external  lines,  and  which  do  not  form 
])art  of  thoroughfares  on  which  vehicles  usually  circulate. 

The  obligation  exists  only  as  to  such  streets  and  spots  on  which 
the  tracks  actually  pass.    42  An.  550. 

Under  the  power  expressly  granted  to  the  city  of  New  Orleans 
to  retjulate  the  use  of  its  streets  by  railways,  a  discretion  is  vested 
as  to  method  and  means  of  regulation,  which  will  not  be  judi- 
t'ially  interfered  with,  unless  manifestly  unreasonable  and  op- 
pressive.    42  An.  1069. 

The  city  government  of  New  Orleans  has  the  right  to  grant  the 
privilege  of  the  use  of  a  part  of  the  tracks  of  street  railway  to 
another  company.  It  can  continue  the  use  of  a  different  car  pro- 
pelled by  a  different  motor  than  the  one  in  use  on  the  track. 

The  permission  to  use  the  electric  motor  is  one  of  the  means  of 
using  the  public  streets,  and  is  granted  for  the  public  conveni- 
ence, and  is  the  exercise  of  the  police  power  of  the  city  over  pub- 
lic places.     44  An.  485. 

The  power  of  regulating  the  streets  delegated  to  the  city  of 
New  Orleans  by  the  Legislature  of  the  State  embraces  authority 
to  establish  street  railways  on  its  streets,  but  it  does  not  include 
authority  to  grant  to  any  person  or  corporation  an  exclusive 
privilege  to  operate  a  railway  on  any  street. 

The  power  to  regulate  the  use  of  streets  for  railway  purposes 
is  a  persisting  power  inhering  continuously  in  the  city  govern- 
ment, and  one  Council  can  not,  by  one  exercise  of  the  power,  de- 
prive succeeding  Councils  of  the  power  to  exercise  it  again  when 
found  necessary  for  the  public  interest. 

Whether  or  not  the  Legislature  itself  possessed,  under  prior 
Constitutions,  the  power  to  grant  such  exclusive  privileges,  we 
hold  that  under  the  general  and  cautious  terms  of  the  legislative 
charter  of  the  city,  no  such  power  was  delegated  to  the  latter. 

Whilst  valid  contract  rights  must  be  respected,  or  only  inter- 
fered with  in  the  constitutional  exercise  of  the  power  of  eminent 
domain,  claims  to  exclusive  privileges  under  grants  which  are 
xiltra  vires  can  not  be  permitted  to  thwart  or  obstruct  the  municipal 
discretion  in  the   exercise   of  the   power  to  regulate  the  streets 


960  RAILROADS. 

eonlided  to  the  city  to  be  used  for  the  benefit  of  the  people.  44 
An.  728. 

When  the  city  of  New  Orleans  grants  a  privilege  to  a  corpora- 
tion to  construct  a  street  railway  through  a  street,  the  neglect  of 
the  corporation  to  comply  with  its  obligation  can  be  taken  ad- 
vantage of  only  by  the  city. 

If  the  city  does  not  declare  the  grant  forfeited,  and  the  cor- 
poration, without  interference  on  the  part  of  the  city,  constructs 
its  road,  the  city  is  estopped  from  forfeiting  the  grant. 

The  streets  are  the  common  property  of  all  the  inhabitants  of 
the  city,  and  the  corporation  holds  them  in  trust  for  their  use 
and  benefit 

The  Ci  y  Council  is  without  power  to  sell,  for  even  a  limited 
time,  the  exclusive  privilege  to  use  a  street  for  any  particular 
purpose. 

It  can  only  regulate  their  use  and  management,  which  involve"; 
the  exercise  of  the  use  of  the  police  power  of  the  city,  which  is 
inalienable. 

The  charter  of  the  city  of  Xew  Orleans.  Art.  Xo.  7  of  1870. 
did  not  confer  power  upon  the  corporation  to  grant  the  exclusive 
privilege  of  the  use  of  a  street.  The  power  conferred  was  re- 
stricted to  the  regulation  and  management  of  the  streets.  44 
An.  748. 

In  proceeding  under  Act  133  of  1888,  to  enforce  the  perform- 
ance of  a  contract  therein  named,  the  contract  must  be  so  fixed 
in  terms,  and  the  liability  of  the  defendant  so  certain,  and  the 
duty  to  be  performed  so  particularized,  that  the  duty  imposed 
upon  the  defendant  by  the  court  in  decreeing  the  execution  of 
the  contract  can  be  readily  ascertained,  and  as  readily  exe- 
cuted. 

An  ordinance  of  the  city  of  New  Orleans,  enacted  before  the 
passage  of  Act  133  of  1888.  and  which  becomes  a  part  of  a  con- 
tract between  said  city  and  a  railroad  corporation,  requirinii 
notice  to  be  given  to  said  corporation  of  certain  repairs  to  be  done 
on  the  streets,  must  be  complied  with  before  the  city  can  invoke 
the  remedy  by  m«jidrt»i?<s,  as  provided  in  said  Act  133  of  188N. 
44  An.  1026. 

A  long  line  of  decisions.  State  and  Federal,  maintains  that  stat- 
utes or  regulations  enforcing  the  separation  of  the  white  and  col- 
ored races  in  public  conveyances  and  in  public  schools,  so  long 
at  least  as  the  facilities  or  accommodations  provided  are  sub- 
stantially equal,  do  not  abridge  any  privilege  or  immunity  of 
citizens  or  otherwise  contravene  the  fourteenth  amendment  of 
the  U.  S.  Constitution.    45  An.  80. 

Sees.  3  and  4  of  Act  135  of  1888  applies  to  street  railwa.\  - 
operated  within  the  corporate  limits  of  the  city  of  New  Orleans. 

The  city  of  New  Orleans  has  the  power  to  refuse  the  grant  of  a 


RAILROADS.  961 

right  of  way  through  the  street»of  the  city  to  a  railroad  operated 
beyond  the  city  limits.  It  can  also  demand  a  price  for  the  privi- 
lege, and  it  can  also,  if  it  deems  the  exercise  of  the  power  reason- 
able and  proper,  grant  the  right  of  way  to  a  railroad  operating 
their  lines  beyond  the  city  into  other  territory,  without  com- 
pensation in  money,  but  for  other  compensations. 

In  such  a  case,  if  the  grant  is  accepted,  it  is  irrevocable,  ex- 
cept for  a  violation  of  their  terms.     45  An.  526. 

TRACK  PRIVILEGES. 

Ord.  3259.  American  Cotton  Oil  Company,  from  205  and  207 
N.  Peters  street  to  main  line  Southern  Pacific 
Railroad  Company  across  X.  Peters  street, 
October  15,  1888. 

Ord.  (J002.  American  Sugar  Relining  Company,  from  present 
terminus  on  Wells  street,  to  extend  tracks  to 
within  fifty  feet  of  Canal  street,  February  17, 
1892. 

Ord.  6673.  Athens,  W.  T.  &  Co.,  to  use  track  of  McArdle  &  Sin- 
clair under  Ordinance  6073,  C.  S.,  September 
9.  1892. 

Ord.  7293.  Anchor  Warehouse  Company,  from  its  warehouse  in 
square  bounded  by  Tchoupitoulas.  Xun  and 
Water  streets  to  a  connection  on  Water  street, 
March  9,  1893. 

Ord.  7588.  Anheuser-Busch  Brewing  Association  on  Delta 
street  about  sixty-seven  feet  from  upper  curb 
line  of  Gravier  street,  extending  to  within  five 
feet  of  the  lower  property  line  of  the  An- 
heuser-Busch Brewing  Association,  located  in 
square  bounded  by  Front,  Delta,  Gravier  and 
Common  streets,  to  be  a  continuation  of  T.  D. 
Edward's  switch,  located  on  Delta  street.  May 
19,  1893. 

Ord.  250.  Burber,  A.  L.,  to  connect  his  works  with  Belt  railroad 
track  on  Louisiana  avenue,  commencing  at  or 
near  intersection  of  Dryades  street  and  Louis- 
iana avenue,  April  10,  1883. 

Ord.  4932.  Barkley,  John  &  Co.,  from  their  premises  on  St. 
Joseph  street,  between  Commerce  and  S. 
Peters,  to  track  of  Illinois  Central  Railroad  on 
St.  Joseph  street,  December  16,  1890. 

Ord.  5259.  Brown,  L.  W.,  on  Pine  street  from  Mississippi  river 
and  such  other  streets  in  the  rear  as  is  neces- 
sary to  connect  with  Louisville,  New  Orleans 
&  Texas  Railroad  and  the  Illinois  Central 
Railroad  from  machine  shops  and  foundry, 
April  28,  1891. 

Ord.  7316.  Blaffer,  J.  A.  &  Son,  from  their  brickworks  in 
square  bounded  by  Austerlitz,  Water.  Con- 
stantinople streets  and  the  Mississippi  river  to 
a  connection  on  Water  street,  fronting  said 
property,  March  20,  1893. 

Ord.  10,222.  Brooks,  W.  H.,  switch  track  to  connect  his  factory, 
corner  Celeste  and  S.  Peters  streets,  with  Belt 
Railroad  on  river  front,  January  24, 1895. 


902  RAILROADS. 

Ord.  5062.  Calonge,  S.  A.,  from  tirack  of  Illinois  Central  Railroad" 
on  Louisiana  avenue,  to  his  property,  corner 
St.  Charles  and  liOuisiana  avenues.  January  30. 
1891. 

Ord.  862.  Chalmette  Mills,  from  their  mills  and  wharf  corner 
North  Peters  and  Adams  streets  through 
Adams  street  to  intersection  of  Adams  and  St. 
Claude  or  Goodchildren  streets,  connecting 
with  tracks  of  Mississippi,  Terre-aux-Banif  Sc 
N.  O.  &  N.  E.R.  R.  Co.,  August  19,  1884. 

Ord.  5702.  Commercial  Soap,  Candle  and  Starch  Manufactur- 
ing Company,  from  track  of  New  Orleans  & 
S.  Gulf  Road,  on  St.  Claude  street,  through 
Forstall  street,  to  property  of  the  company, 
corner  North  Peters  and  Forstall  streets.  Oc- 
tober 15,  1891. 

Ord.  6196.  Cooke,  W.  E.,  from  line  of  the  Illinois  Central  Rail- 
road, on  Louisiana  avenue,  to  his  property, 
corner  Louisiana  avenue  and  Dryades  street. 
March  21,  1892. 

Ord.  7465.  Commercial  Cooperage  Company,  portable  track 
across  Carondelet  walk  at  intersection  of  Miro 
street.  May  1,  1893. 

Ord.  8603.  Carre,  W.  W.,  from  their  property  in  square,  New 
Basin,  Shellroad,  Clark,  Aglae  and  Hagan  av- 
enue to  Clark  street,  to  connect  with  Illinois 
Central  Railroad  on  Calliope  street,  January 
18,  1894. 

Ord.  11,045.  Crescent  City  Railroad  Company,  on  Constance 
street,  to  "connect  tracks  on  Peters  avenue  with 
car  barn  on  Constance,  between  Joseph  and 
Arabella  streets,  July  30,  1895. 

Ord.  11,309.  Creosoting  Works,  T.  H.  Sampgon,  agent,  to  con- 
nect their  property  in  square  bounded  by 
Front,  Lyon  and  Bordeaux  streets  and  the 
Mississippi  river  with  tracks  of  the  Texas  & 
Pacific  Railroad,  now  on  Water  street,  accord- 
ing to  lines  of  the  City  Engineer;  said  privi- 
lege does  not  recognize  the  right  of  the  Texas 
ct  Pacific  Railroad  Company  to  operate  said 
tracks:  September  10.  1895. 

Ord.  11,310.  Corona  Coal  Company,  to  construct  and  use  a 
spur  track  of  the  Illinois  Central  Railroad  on 
Water  street,  between  Delachaise  and  Aline 
streets,  to  the  tracks  of  the  Texas  &  Pacific 
Railroad.  Said  privilege  does  in  no  way  rec- 
ognize the  right  of  the  Texas  &  Pacific  Rail- 
road Company  to  operate  said  tracks,  the 
question  of  right  now  being  in  litigation;  Seii- 
tember  17,  1895. 

Ord.  5965.  Durieu,  Chas..  from  works,  corner  Gentilly  Road 
and  People's  Canal,  to  the  N,  O.  &N.  E.  R.  R. 
and  the  L.  &  N.  R.  R..  January  21,  1892. 

Ord.  7317.  Dupuis  Refining  Company.  Limited,  from  its  prem- 
ises fronting  the  river,  bounded  by  Water. 
L^pperline  and  Robert  streets,  to  a  connection 
on  Water  street.  March  20,  1893. 


RAILROADS.  9()8 

Ord.  278.  Edwards.  Jas.  D.,  on  Delta  street  between  Poydi-as 
and  Gravier  streets,  connecting  with  tracks  of 
Morgan's   Louisiana  &  Texas    Railroad,   May 
3,  18S3. 
Ord.  3961.  Electric   Traction    and    Manufacturing   Company, 
from  Belt  R.  R.  to  ttieir  premises  on  Tchoupi- 
toulas,  Water  and  Religious  streets,  also  from 
tracks   of  C.  C.  R.  R.  Co.,  on   Tehoupitoulas 
street,  to  and   from  property  of   company  on 
Tehoupitoulas,  Market  and   Religious  streets, 
September  6,  1889. 
Ord.  4711.  Electric    Traction    and    Manufacturing  Company, 
from   the   turntable  of  C.  C.  R.  R.  on  Wells 
street,  between  Canal  and  Customhouse,  with 
building  at  the  southwest  corner  of  Wells  and 
Customhouse  streets,  September  5.  1890. 
Amended  by  Ordinance  4918,  C.  S. 
1^^  Ord.  522.  Fagan.  Wm.,  General  Agent  Texas  Continental  Meat 
^K  Company,   to   connect  said    works    with   the 

^■^  tracks  of  the  Chicago,  St.  Louis  &  N.  O.  R.  R.. 

^^B  the  L.  &  N.  R.  R.  and  the  Morgan's  Louisiana 

^^■^  &  Texas  Railroad,  December  7,  1883. 

^^Hprd.  3623.  Gloster  Concrete  Gravel  Company,  from  I.  C.  R.  R. 
^^■T  track  on  Louisiana  avenue,  to  their  yard  on 

^^p  Delachaise,  between  Denis  and  Dryades  streets, 

W^'  March  21,  1889. 

^         Ord.  5641.  Glynn  &  Larrinaga  Steamship  Lines,  from  tracks  of 
Belt  R.  R.  on  Water   street,  from   Richard  to 
lower  terminus  of  wharf  of  said  lines  on  Race 
street.  October  2,  1891. 
Ord.  6246.  Gulf  Ports,  Allen  and  Anchor  Line  of  Steamers,  on 
^ront  street,  from   tracks  of  Belt  R.  R.,  from 
Washington  street  to  terminus  of  wharf  of  said 
lines,  April  19.  1892. 
Ord.  r)()40.  Hamburg-American     Packet    and    Serra    Line    of 
Steamships,  from  tracks  of  S.  P.  R.  R.  head  of 
Marigny  street  to  lower  terminus  of  wharves 
of  said  coujpany  near  Port  street,  October  3, 
1891. 
Ord.  3941.  Independent  Cotton  Oil  Company,  on   Water  street, 
from  Louisiana  avenue  to   street,  to  con- 
nect witli  Belt  Railroad  at  or  near  Louisiana 
avenue.  September  3.  1889. 
Ord.  4048.  Independent  Cotton   Oil  Company,   to   connect  its 
works  with  Belt  Railroad  on  Louisiana  avenue 
by  way  of  General   Taylor  and  Jersey  streets, 
October  31.  1889. 
Ord.  5177.  Illinois  Centi-al  Railroad,  from  south  side  of  Thalia 
street,  extending  to  the  Mississippi  river  down 
to  the  lower  or  northern  line  of  Calliope  street. 
March  12.  1891. 
Ord.  4110.  A.  S.  Jackson. -lames,  front  of  Fisk  Salt  Warehouse, 
bounded  by  First,  Second,  Tehoupitoulas  street 
and  the  river.  September.  1877. 
Ord.  4111.  A.  S.  Jackson  &  Manson,  frontof  Transit  Warehouse, 
bounded  by  Fourth,  Fifth  and  Tehoupitoulas 
streets  and  the  river,  September,  1877. 
Ord.  5519.  Jackson  Brewing  Company,  from  track  of  Morgan's 
I                                     Louisiana  &  Texas  Railroad    to  entrance   of 
i                                     brewery  on  Claj'  street,  August  20,  1889, 


964  RAILROADS. 

Ord.  11.459.  Jamison,  Mrs.  A.  E  ,  to  construct  switch   track  to 
her   property   in   square    bounded   by   Front, 
Henderson,  Terpsichore  and  N.  Levee,  lines  to 
be  furnished  by  the  City  Engineer,  October  15, 
1895. 
Ord.  6837.  Keller.  J.  H.,  to  build  an   overhead  railroad  across 
St.  Andrew  street,  between  Freret  and  Howard, 
to  connect  two  buildings,  October  20,  1892. 
Ord.  211.  Louisiana  Sugar  Reflning  Company,  to  connect  with 
that  in  front  of  bonded  warehouse,   on   Clay 
street  near  Conti,  extending  through  and  along 
Clay  street  to  Customhouse  street,   and   two 
parallel  sidings  to  be  located  on  sidewalks  bor- 
dering their  properties  on  east  side  and  Chas. 
Smith's  on  west  side  of  Clay  street  betw^een 
Bienville  and  Customhouse  streets,  March  20, 
1883, 
Ord.  3117.  Louisiana  Sugar  Retining  Company,   Clay  street, 
from   present  terminus  on  north   side  of  Cus- 
tomhouse, into  property  lately  occupied  by  A. 
W.  Moffett,  August  6,  1888. 
Ord.  3176.  Lambou   &  Noel,  from     Northeastern  Railroad  to 
their    mill  in  square  bounded    by    Urquhart, 
Montegut,  Villere  and  Press  streets,  September 
11.1888. 
Ord.  3411.  Leonard,  W.  B.,   from   premises   northwest   corner 
Euphrosine  and  Rampart  to  tracks  of  [llinois 
Central  Railroad,  December  13,  1888. 
Ord.  3431,  Louisiana  Sugar  Retining  Company,  on  Wells  street, 
connecting    with   Southern   Pacific   Railroad, 
extending  along  Wells  to  Crossman.    To  pave 
Wells  street,   from  Canal  to   Crossman,  with 
Belgian  block,  December  21,  1888. 
Ord.  3538.  LouisianaElectric  Light  and  Power  Company,  from 
coal  yard  to  their  boiler-room  on  Richard  street. 
February  16,  1889. 
Ord.  3725.  Louisiana,  New  Orleans  &  Texas  Railroad  Company, 
from  Poydras   along  S.  Johnson,  to   works  of 
Pinewood      Distillation     Company,     May    9, 
1889. 
Ord.  4030.  Louisiana,   New   Orleans    &  Texas  Railroad  Com- 
pany, from  tracks  on  Poydras  street  into  depot 
grounds    in    two    squares  bounded    by  Clai- 
borne, Clara,  Poydras   and  Lafayette  streets, 
October  8. 1889. 
Ord.  4342.  Leeds  &  Co.,  connecting  their  yard  on   St.  Joseph 
street,  between  Constance  and  Tchoupitoulas. 
with  tracks  of  Illinois  Central  Railroad  on  St. 
Joseph  street,  March  6,  1890. 
Ord.  11,505.   Lambou   &  Noel   Lumber  Manufacturing   Com- 
pany, to  connect  their  wharf,   between  Ken- 
tucky  and  Manuel    streets,  with  their  switch 
track  on  Kentucky  street,  or  with  a  spur  from 
said  switch  track  running  through  their  prop- 
erty, October  29, 1895. 
Ord.  5642.  Lampert  &  Holt  Steamship  Line,  from  tracks  of  the 
Texas  &  Pacific  Railroad  Company  on  Levee, 
from    Tchoupitoulas    street    to    terminus    of 
wharf  of  said   line,  between  Henderson  and 
Robin   streets.     Amended  by  Ordinance  5769, 
C.  S.,  October  2,  1891. 


« 


RAILROADS.  965 

Ord.  8330.  Louisiana  Electric  Light  and  Power  Company, 
from  Xew  Orleans  Belt  Railroad,  at  its  inter- 
section with  Market  street,  thence  across  Mar- 
ket sti'eet  into  the  yard  of  the  said  company, 
Xovember  24,  1893. 

Ord.  9331.  Louisville  &  Nashville  Railway  Company,  to   ar- 

.    range  existing  tracks  and  to  construct  a  track 

on  the  Levee,  between  Lafayette  and  Calliope 

streets,   as   approved  by   the   City   Engineer, 

January  28,  1894. 

Ord.  10.684.  Lambou  &  Noel,  switch  track  on  Kentucky  street, 
from  St.  Claude  to  N.  Peters  street,  to  connect 
with  tracks  of  Xew  Orleans  &  Southern  Rail- 
road Company  on  St.  Claude  street,  or  the 
tracks  of  any  other  railroad  that  may  hereafter 
be  laid  on  said  street;  also  all  necessary  side- 
tracks or  turnouts  to  connect  said  switch  with 
their  property.  May  9,  1895. 

Ord.  11,445.  Lawler  &  Chaery,  switch  track  from  upper  side 
of  Erato  street,  across  Hagan  avenue  to  their 
works  in  square  bounded  by  Hagan  avenue, 
Erato,  Thalia  and  Clarke  streets,  October  8. 
1895. 

Ord.  455(i.  A.  S.  Mississippi  Warehouse,  from  their  doors  on 
Front  street,  along  said  street  about  200  feet 
to  St.  Joseph  street,  June,  1878. 

Ord.  3362.  Morgan's  Louisiana  &  Texas  Railroad  &  Steam- 
ship Line,  branch  track  on  Clay  street,  May 
30,  1888. 

Ord.  3927.  Morgan's  Louisiana  &  Texas  Railroad  Company, 
additional  track  on  Delta  street,  August  20, 
1889. 

Ord.  5221.  Municipal  Ice  Company,  from  Belt  Railroad  to  com- 
pany's property  on  Market  street,  fronting  the 
river,  April  17,  1891. 

Ord.  5520.  Morgan's  Louisiana  &  Texas  Railroad  Company,  to 
alter  location  of  certain  switches.  August  18, 
1891. 

Ord.  6985.  Morgan's  Louisiana  &  Texas  Railroad  Company,  op- 
posite Bazaar  Market,  extending  up  and  past 
the  meat  market,  connecting  with  track  on 
lower  side  of  St.  Ann  street,  a  distance  of  368 
feet,  December  7,  1892 

Ord.  7536.  Morgan's  Louisiana  &  Texas  Railroad  &  Steamship 
Company,  from  their  station  on  St.  Ann  street 
to  extend  across  St.  Peter  street  to  lower  prop- 
erty line  of  Jefferson  street,  a  distance  of 
about  270  feet,  as  per  Ordinance  5579,  to  the 
Jackson  Brewing  Company,  May  6,  1893. 

Ord.  7890.  Morgan's  Louisiana  &  Texas  Railroad  &  Steamship 
Company,  on  Delta  street,  in  front  of  prop- 
erty of  Myler  &  Co.,  corner  Poydras  and  Delta 
streets,  branching  out  from  the  main  track, 
commencing  at  a  point  about  125  feet  above  the 
upper  line  of  Poydras  street,  crossing  Poydras 
street,  thence  in  a  straight  line  parallel  to  the 
main  track  to  a  connection  with  the  switch  of  J. 
D.  Edwards  at  the  point  of  departure  of  the 
latter  from  a  straight  line,  August  3. 1893. 


9G6  RAILROADS. 

Ord.  924(i.  Morero,  F.  &  Bro..  from  their  property  in  square 
bounded  by  Calapissa,  Short.  Thirteenth  streets 
and  Carrollton  avenue,  to  a  connection  with 
Yazoo  &  Mississippi  Valley  Railroad  Com- 
pany's main  track  on  Short  street,  between 
Calapissa  and  Fourteenth  streets,  May  29,  1894. 

Ord.  10,937.  Morgan's  Louisiana  &  Texas  Railroad  &  Steam- 
sTiip  Company,  special  track  in  Wells  street, 
and  the  right  to  make  changes  in  existing 
tracks  on  Delta  and  Clay  streets,  July  2,  1895. 

Ord.  6442.  McEwen  &  Murray,  to  construct  and  maintain  two 
switch  tracks  over  certain  streets  in  Seventh 
District.  June  16,  1892. 

Ord.  6.510.  McEwen  &  Murray,  two  small  switch  tracks  from 
their  saw-mill,  on  Canal  and  Dublin  streets, 
to  connect  with  main  line  of  the  1.  C.  R.  R. 
near  the  intersection  of  Cambronne  street, 
July  IS,  1892. 

Ord.  6673.  McArdle  &  Sinclair,  from  their  property.  Green, 
Delachaise,  St.  George  and  Louisiana  avenue, 
to  connect  with  Belt  R.  R.  on  Louisiana  ave- 
nue, at  or  near  St.  George  street,  February  9. 
1892. 

Ord.  271.  N.  O.  Refrigeration  and  Manufacturing  Company,  to 
connect  their  works  with  tracks  of  Chicago. 
St.  Louis  &  N.  O.  R.  R..  and  also  with  tracks 
of  L.  &  X.  R.  R.  and  Morgan's  Louisiana  t^; 
Texas  Railroad,  April  24,  1883. 

Ord.  3683.  New  Orleans  Swamp  l^and  and  Reclamation  Com- 
panv.  single  or  double  track  on  Hagan  avenue, 
fron'i  Old  Basin  to  New  Orleans.  April  22, 1889j 

Ord.  4240.  N.  O..  Ft.  Jackson  &  Grand  Isle  R.  R.  Co.,  rigl 
of  way  on  certain  streets,  February  4.  1890. 

Ord.  4658.  National  Acid  Co.,  from  their  property  on  Elysis 

Fields  to  track  of  Pontchartrain  R.  R.  on  same^l 
street,  August  7,  1890. 

Ord.  5834.  N.  O.  &  N.  E.  R.  R.  Co..  from  wharf  above  Clou* 
street,  along  wharf  or  structure  to  be  coi 
structed,  December  9,  1891. 

Ord.  6246.  North  American  Transport  France   and  Melbouri 
Lines,    from  tracks  of  Belt  R.   R.   on   Froi 
street,  from  Fourth  to  terminus  of  wharves 
said  lines,  April  14,  1892. 

Ord.  ('755.  N.  O.  &  Carrollton  R.  R.  to  extend  tracks  on  Na{ 
leon  avenue  to  reach  car  house  and  car  shec 
September  30,  1892. 

Ord.  6759.  N.  O.  Waterworks  Co.,  from  tracks  of  Belt  R.  R. 
Front  street,  commencing  at  a  point  50  f€ 
below  Orange  street  to  within  50  feet  of  low€ 
side  of  Richard  street,  wood  side  of  said  Be| 
R.  R.  Co.,  September  30,  1892. 

Ord.  9638.  N.O.  Brewing  Association,  on  Philip  street,extendii 
from  the  Belt  R.  R.  on  Water  street,  downsa^ 
Philip  street  and  into  the  property  of  the  sa" 
New  Orleans  Brewing  Association,  in  tl 
square  comprised  with  Philip,  Tchoupitouk 
Rousseau  and  Jackson  avenue.  Amended  ' 
Ordinance  10,305.  Brewing  Association 
keep  that  portion  of  Philip  street  throuj 
which  it  passes  in  good  order  and  conditio 
September  7,  1894. 


RAILROADS.  967 

Ord.  9639,  Xew  Orleans  Brewing  Association,  from  their  prop- 
erty in  Sijuare  bounded  by  Brooklyn  avenue, 
from  Madison  street,  Diana  (formerly  De- 
catur), river  front  (formerly  Jefferson)  and 
D'Armas.  to  connect  with  the  Xew  Orleans, 
Fort  Jackson  &  Grand  Isle  Railroad,  Sep- 
tember 7.  1894. 

Ord.  9892.  Xew  Orleans  &  Carrollton  Railroad  Company, 
to  construct  necessary  curves  and  switches  at 
Delta  and  Canal  streets  and  around  Liberty 
Place,  Xovember  2,  1894. 

Ord.  9994.  Xew  Orleans  &  Southern  Railroad  Company,  two 
side  tracks  from  its  main  line  on  St.  Claude 
street,  into  its  property  bounded  by  St.  Claude, 
Hancock,  Marais  and  Tricou  streets;  also, 
track  from  above  property  across  Marais 
street  into  its  property  bounded  by  Marais, 
Hancock,  Urquhart  and  Tricou  street,  Xo- 
vember 24,  1894. 

Ord.  10.659.  Xew  Orleans  Swamp  Land  Reclamation  Com- 
pany, on  Hagan  avenue,  from  Dumaine  to 
XewJBasin,  with  right  to  connect  with  work- 
shops and  existing  tracks,  May  7.  1895. 

Ord.  4407.  Orleans  Manufacturing  Company,  from  tracks  of  the 
Illinois  Central  Rai  Iroad  on  Euphrosine  street  to 
their  property  in  square  bounded  by  Euphro- 
sine, Clara,WillowandXew  Basin;  also  to  con- 
nect their  property  in  square  bounded  by  Clai- 
borne Canal,  Xew  Basin,  Euphrosine  and  Wil- 
low, with  track  crossing  Claiborne  Canal  with 
property  in  square  bounded  by  Euphrosine, 
Clara.  Willow  and  X'^ew  Basin,  by  crossing 
Willow  street,  April  7,  1890. 

Ord.  7032.  Otis  Manufacturing  Company,  from  its  premises  in 
square  bounded  by  Marengo.  Milan,  Water 
streets  and  the  Mississippi  river,  to  connect 
with  Water  street,  December  21, 1892. 

Ord.  6246.  Prince  and  Melbourne  Lines  Xorth  American 
Transportation,  from  tracks  of  Belt  Railroad 
on  Front  street,  from  Fourth  street  to  terminus 
of  wharves  of  said  lines,  April  14.  1882. 

Ord.  ]],446.  Pohlman.  Henry,  switch  track  on  Calapissa  street, 
from  Dante  street  to  Carrollton  avenue,  Oc- 
tober 14,  1895. 

Amended  by  Ordinance  11,581 ;  on  Fourteenth 
street  and  across  said  street  between  Dublin 
street  and  Carrollton  avenue,  Xovember  12, 
1895. 

Ord.  3537.  Rosetta  Gravel  Pavement  and  Improvement  Com- 
pany, from  main  line  Mississippi  V^alley  Rail- 
road at  Second,  now  Rendon.  and  Melpomene, 
down  Melpomene  to  Broad  or  its  vicinity, 
thence  to  Washington  street  and  down  south 
side  Washington  1000  feet,  more  or  less,  Feb- 
ruary 16.  1889. 

Ord.  3640.  Rosetta  Gravel  Pavement  and  Improvement  Com- 
pany, portable  track  on  streets  agreed  upon  by 
the  Commissioner  of  Public  Works,  City  En- 
gineer and  Council  committee  on  streets  and 
landings,  March  28,  1889. 


968  RAILROADS. 

Ord.  4884.  Rosetta  Gravel  Pavement  and  Improvement  Com- 
pany, from  tracks  of  Illinois  Central  Eailroad 
on  Louisiana  avenue,  across  Louisiana  avenue 
and  St.  Patrick  street  to  property  of  company  in 
square  bounded  by  St.  Patrick,  St.  Denis 
streets,  Louisiana  avenue  and  Delachaisc 
street,  November  28,  1890. 

Ord.  4108.  A.  S.  Silas  Weeks  &  Co.,  front  of  Mississippi  and 
Dominion  Warehouse,  foot  of  Jackson  street. 
September.  1877. 

Ord.  4712.  Standard  Oil  Company,  to  connect  property  on 
Claiborne  street,  between  Josephine  and  Jack- 
son streets, with  tracks  of  New  Orleans  BeltR. 
R.  on  Claiborne  street,  September  5,  1890. 

Ord.  5640.  Serra  Line  and  Hamburg- American  Packet  Lines  of 
Steamships,  from  Southern  Pacific  R.  R. 
tracks,  from  Marigny  street  to  lower  terminus 
of  wharves  of  said  companv  near  Port  street. 
Octobers,  1891. 

Ord.  8719.  Southern  Chemical  and  Fertilizing  Company.  Lim- 
ited, from  the  Yazoo  &  Miss.  Valley  R.  R. 
at  or  near  Broad  street,  thence  along  Poydras 
Canal  to  their  works  located  in  square  bounded 
by  Clark,  Perdido,  Gravier  and  Hagan  avenue. 
February  16,  1894. 

Ord.  9839.  Security  Brewing  Company,  from  their  property 
fronting  on  St.  Joseph  street,  in  square 
bounded  by  South  Peters,  North  Market  and 
Tchoupitoulas  streets,  to  connect  with  the  I.  C. 
R.  R.  track  on  St.  Joseph  street,  October  18,  ■ 
1894. 

Ord.  10,936.  St.  Charles  Street  R.  R.  to  switch  from  its  properj 
ty  on  North  Peters  between  Marigny  and  Man 
deville  street  to  tracks  of  the  S.  P.  R.  R.  CoJ 
July  2,  1895. 

Ord.  4087.  Texas  Pacific  R.  R..  to  connect  its  tracks  on  Wat 
street  with  the  adjacent  yards  in  squal 
bounded  by  Robin,  Water,  Front  and  Hendei 
son  streets.  November  8,  1889. 

Ord.  4943.  Taylor  Bros.,  from  tracks  of  I.  C.  R.  R.  to  thei 
property  on  St.  Joseph  street,  between  Coi 
stance  and  Magazine  streets,  December 
1890. 

Ord.  6631.  Virgin,  Wm.  &  Son,  from  their  premises  to  conne<3 
with  I.  C.  R.  R.  (belt  track)  on  Euphrosii 
street,  between  Clara  and  Willow  streets,  Se[ 
tember  1,  1892. 

Ord.  4108.  A.  S.  Weeks,  Silas  &  Co.,  in  front  of  Mississippi  ai 
Dominion  Warehouse,  foot  of  Jackson  stree 
September,  1877. 

Ord.  3118.  Whitney  Iron  Works,  from  Belt  Railroad  on 

Joseph  street,  across  St.  Joseph  and  Tchou| 
itoulas  streets,  to  their  works  corner  St.  Jfl 
seph  and  Tchoupitoulas  streets,  August  6,  li 

Ord.  5220.  West  India  &  Pacific  Steamship  Company,  froJ 
New  Orleans  Belt  Railroad  on  Tchoupitoultf 
street,  commencing  at  point  between  Market 
and  St.  James  streets,  thence  along  the  Levee 
to  the  upper  terminus  of  the  wharf  of  said 
company,  at  or  near  Nun  street,  April  17. 
1891. 


RECORDERS.  969 


Ord.  9165.  Wogan  Bros.,  two  switch  or  sidetracks  from  their 
property  in  square  bounded  by  X.  Peters,  De- 
catur, Lafayette  avenue  and  Port  streets,  and 
connect  same  with  Morgan's  Louisiana  & 
Texas  Railroad  and  the  Xew  Orleans  &  North- 
eastern Railroad,  May  16,  1894. 

Ord.  10,392.  Watkins,  W.  H.  and  associates,  a  single  or  double 
track  railroad  upon  routes  and  lines  described, 
to  use  steam  locomotive  or  other  appropriate 
motive  power,  March  7,  1895. 

Ord.  11,195.  Wood  &  Co..  from  track  of  Illinois  Central  Rail- 
road on  Louisiana  avenue  into  their  property. 
Louisiana  avenue  and  Rampart  street,  August 
27,  1895. 

Ord.  7963.  Yazoo  &  Mississippi  Valley  Railroad  Company, 
from  present  track  on  Poydras  street  into  the 
square  bounded  by  Howard.  Freret,  Perdido 
and  X.  Poydras  streets;  also,  to  extend  an  ad- 
ditional track  from  said  square  across  Perdido 
street  into  and  upon  the  property  owned  by 
said  company,  August  24,  1893. 

Ord.  7872.  Zeigler,  Chas.  W.,  on  Front  street,  connecting  with 
curve  of  the  Illinois  Central  Railroad  from  St. 
Joseph  street  and  by  suitable  reverse  curve  at 
Calliope  street,  and  to  be  located  on  Front 
street,  August  3,  1893. 


RECORDERS. 

Art.  2614.  There  shall  be  six  Police  Courts  in  the  constituting 
ii'ity  of  New  Orleans,  to  be  known  als  the  First,  Second,  ^°'^''^^'"  ^^''' 
Third,  Fourth,  Fifth  and  Sixth  Recorder's  Courts.  Act 754 of  1S94. 

Art.  2615.  The   First   Recorder's   Court   shall  have      jurisdiction 

.     T       .  f  of  same. 

jurisdiction  in  the  territory  known  as  the  First  and 
and  Fourth  Municipal  Districts  of  the  city.  The  Second 
Recorder's  Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Second  Municipal  District.  The  Third 
Recorder's  Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Sixth  Municipal  District.  The  Fourth 
Recorder's  Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Fifth  Municipal  District.  The  Fifth  Re- 
corder's Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Seventh  Municipal  District  and  the  Sixth 
Recorder's  Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Third  Municipal  District. 

Art.  2616.  The  Recorders  shall  be  elected  by  the  qual- 
ified electors  of  the  city ;  they  shall  be  at  least  twenty- 


970  RECORDERS. 

Relative  t  o  five  ycars  of  age.  They  shall  be  residents  of  the  district 
thi  City  Courts  over  wMch  they  have  jurisdiction,  and  must  have  re- 
'^Act  1 54  of  sided  therein  for  at  least  one  year  previous  to  their  elec- 
tion. The  Recorders  of  the  First  and  Second  and  Sixth 
Recorders'  Courts  shall  each  receive  a  salary  of  two  thou- 
sand five  hundred  dollars  a  year,  and  shall  be  allowed 
each  one  clerk,  at  a  salary  of  fifteen  hundred  dollars  a 
year,  and  two  assistant  clerks  at  a  salary  of  one  thousand 

cieru.  dollars  a  year,  and  a  competent  clerk,  to  be  called  a  tes- 
timony clerk,  at  a  salary  of  twelve  hundred  dollars  a 
year. 

Duty  of  the     It  shall  be  the  duty  of   the   testimony   clerk   to   take 

testimony  clerk  «'  "^ 

!"•  down  verbatim  reports  of  all   testimony   and  examina- 
tions in  all  cases  when  the  offence  charged  is  cognizable 
in    the    Criminal    District    Court    of  New  Orleans   or 
appealable  to  the  Supreme  Court,  which  testimony  shall 
Clerk.  }jQ  signed  by  the  witness  or  witnesses,  and   certified   to 

by  the  Recorder,  who  shall  forward  the  same  to  the 
Criminal  Court. 

Salary.  The  ficcordcrs   of  the  Third  and  Fourth  Recorders' 

Courts  shall  have  each  a  salary  of  two  thousand  dollars 
a  year  and  shall  each  be  allowed  a  clerk  at  a  salary  of 
twelve  hundred  dollars  a  year,  and  an  assistant  clerk  at  a 
salary  of  one  thousand  dollars  a  year. 

The  Recorder  of  the  Fifth  Recorder's  Court  shall  have 
a  salary  of  fifteen  hundred  dollars*  a  year  and  shall  be 
allowed  a  clerk  at  a  salary  of  one  thousand  dollars  a 
year. 

The  said  clerks  shall  be  appointed   by   the  Recorders 

and  removed  by  them. 

Council  to     The  Council  shall  provide  suitable  rooms  and  station- 
provide  station-  '- 
ery,  etc.          ery  for  said  Recorders'  Courts,  and  the  Mayor,  upon  the 

recommendation  of  said  Recorders,  respectively,  shall 

detail  four  policemen  for  each  of  the  First  and  Second 

Police.  Recorders'  Courts,    and  two  policemen  for  the  Third, 

Fourth  and  Sixth  Recorders'  Court ;  to  keep  order  and 

execute  the  orders  and  decrees  of  the  Recorders, 

How  removed.     Art.  2617.  The  Rccordcrs  shall  be   removed  for  anv 

City  Charter. 

of  the  causes  enumerated  in  Article  190    of  the  Consti- 


J 


RECORDERS. 


971 


tiitiou ,  and  in  the  manner  provided  in  Article  206  of  the 
Constitution. 

Art.  2618.  The  said  Recorders  shall  each  have  the 
jurisdiction  of  committing  magistrates  and  to  enforce  all 
city  ordinances  and  to  try,  sentence  and  punish  all  per- 
sons who  violate  any  legal  and  valid  city  ordinance. 
They  and  their  clerks  shall  have  power  to  administer 
oaths,  and  the  Recorders  shall  have  power  to  punish  as 
other  courts  for  contempt,  to  compel  witnesses  to  appear 
and  testify. 

See  Act  174  of  1894,  providing  for  Testimony  Clerk. 

Art.  2619.  All  fines,  penalties  or  forfeitures  imposed 
by  said  Recorders  shall  be  collected  by  them  and  paid  by 
them,  daily,  to  the  City  Treasurer,  and  the  non-payment 
of  said  fines  shall  be  (as  any  other  neglect  of  duty)  a 
cause  for  removal.  The  Treasurer  shall  furnish  to  each 
of  the  Recorders  a  printed  receipt  book  with  marginal 
stubs,  and  the  Recorders  shall  give  a  receipt  from  said 
book  for  every  fine  or  penalty  collected,  and  shall  state 
on  the  marginal  stubs  the  amount  of  the  fine  or  penalty, 
when  and  from  whom  collected,  and  for  what  offence, 
and  said  receipt  book  and  marginal  stubs  shall  always 
be  kept  open  for  public  inspection. 


Jurisdiction, 
lb. 


Fines,  penal- 
ties, etc. 
City  Charter. 


RECORDERS  PRO  TEM. 


Art.  2620.  The  Council  shall,  within  one  week  after  salaries, 
its  organization,  elect  ^'riva  voce''''  four  persons,  who  ''"^  charter. 
alone  shall  act  as  Recorders  ^^ro  tem.  in  case  of  sickness 
or  absence  or  suspension  of  any  one  or  more  of  the  Re- 
corders, and  they  shall  receive  while  so  acting  the  salary 
payable  to  the  said  Recorders,  to  be  deducted  from  the 
salary  payable  to  the  same. 

Art.  2621,  The  First  Recorder's  Court  shall  have  jurisdiction 
jurisdiction  in  the  territory  known  as  the  First  and  courts^*^ 
Fourth  Municipal  Districts  of  the  city.  The  Second  Re- 
corder's Court  shall  have  jurisdiction  in  the  territory 
known  as  the  Second  and  Third  Municipal  Districts. 
The  Third  Recorder's  Court  shall  have  jurisdiction  in 
the  territory  known  as  the  Sixth  and  Seventh  Municipal 


972  RECORDERS. 

Districts ;  and  the  Fourth  Recorder' s  Court  shall  have 
jurisdiction  in  the  territory  known  as  the  Fifth  Muni- 
cipal District. 
Remission  of     Art.  2622.  That  the  City  Council  desires,  hereafter, 
ord.  No.  6598,  no  petition  for  a  remission  of  a   reduction   of   fines  im- 
*Aug.  2,1802.  posed  by  the  Recorders  to  be  granted,  unless  said  peti- 
tion  bears    written    approval    of    the    Recorder    who 
imposed  the  fine  or  fines. 

Decisions.  . 

Penalties  prescribed  by  city  ordinances  may  be  enforced  and 
offences  for  their  violation  prosecuted,  when  so  provided  by  such 
ordinances  or  the  law,  before  the  Recorders  who,  under  the  Con- 
stitution and  laws,  are  vested  with  certain  judicial  powers  (12 
An.  432). 

The  Legislature  has  the  right,  under  the  Constitution,  to  con- 
fer upon  the  Recorders"  courts  in  New  Orleans,  such  criminal 
jurisdiction  as  may  be  nece-sary  for  the  punishment  of  minor 
■crimes  and  offences,  and  as  the  police  and  good  order  of  the  city 
may  require  (15  An.  190). 

If,  in  a  prosecution,  under  a  city  ordinance,  in  a  Recorder's 
•court  in  the  city  of  New  Orleans,  there  is  a  bona  fide  and  timely 
■contestation  in  regard  to  its  legality  and  constitutionality,  ante- 
cedent to  trial  had,  or  judgment  being  pronounced  thereon,  the 
■condemned  defendant  is  entitled  to  an  appeal,  and,  upon  his  dis- 
tinct and  emphatic  refusal  thereof,  mandamus  will  be  against 
him  to  compel  its  allowance. 

A  Recorder's  court  in  the  city  of  New  Orleans  is  not  a  court  of 
record,  and  there  is  no  legal  prohibition  against  a  defendant,  in 
a  cause  therein  depending,  from  urging  pleas  or  defences  orally 
.(41  An.  526). 

The  Recorders  in  the  city  of  New  Orleans  are  fully  authorized, 
•as  committing  magistrates,  to  take  and  acknowledge  bonds  where 
the  punishment  is  hard  labor  (42  An.   416). 

The  Council  may,  under  the  law,  lengthen  the  term  of  impris- 
onment, but  is  not  an  authority  to  the  recorder  to  make  the  com- 
mitment for  a  longer  time  than  provided  in  the  ordinance  (42 
An.  1095). 

Recorders  in  New  Orleans  are  vested  with  power  and  jurisdic- 
tion to  try  and  sentence  violators  of  legal  and  valid  city  ordi- 
nances. 

The  defence  that  a  city  ordinance  is  illegal  and  unconstitu- 
tional does  not  impugn  the  power  and  jurisdiction  of  the  Recorder 
to  hear  and  determine  that  and  all  other  issues  involved  in  the 
case.  Article  81  of  the  Constitution  clearly  recognizes  the 
.;iuthority  of  the  proper  inferior  tribunal  to   hear  and  determine 


REGISTER   OF   CONVEYANCE.  973 

cases  in  which  "'the  constitutionality  or  legality  of  any  tine,  for- 
feiture or  penalty  by  a  municipal  corporation  shall  be  in  contest- 
ation,'' and  to  decide  all  questions  of  "the  law  and  the  fact'' 
arising  therein,  and  provides  an  appropriate  and  sufficient  rem- 
edy for  errors  in  such  decisions  by  an  appeal  to  this  court  (44 
An.  1100). 


RECORDER  OF  MORTGAGES. 

Duties,  Bond,   Office  Hours,  Employees,  See  Act  66  of 
1880,  p.  62. 
Deputies,  Salaries,  Act  24  of  1880,  p.  26;  Act  74  of  1888.  p.  81. 
Additional  Clerks,  Act  80  of  1884,  p.  102. 
City  to  Furnish  Office,  Fuel,  Etc.,  Act  111  of  1880,  p.  139. 
Stationery,  How  Furnished,  Act  132  of  1880,  p.  179. 


REGISTER  OF  BIRTHS,  MARRIAGES  AND  DEATHS 
— See  Health. 


REGISTER  OF  CONVEYANCE. 

See  Constitution,  Arts.  144-6. 

Payment  of  Salaries,  Act  24  of  1880,  p.  26. 

Employees,  Their  Xumber  and  Salary,  Act  94  of  1880,  p. 
121. 

Employees,  Their  Number  and  Salary  Increased,  Act  57 
of  1882,  p.  65. 

Employees,  Their  Number  and  Salary  Increased,  Act. 
105  of  1884,  p.  134. 

Employees,  Their  Number  and  Salary  Increased,  Act  80 
of  1886,  p.  120. 

Employees,  Their  Number  and  Salary  Increased,  Act  74 
of  1888,  p.  81. 

On  Duties  and  Fees,  see  State  ex  rel.  Boch  vs.  Recorder,  33 
An.  224,  and  Act  30  of  1890,  p.  24;  Act  36  of  1890,  p.  35. 

City  to  Furnish  Office,  Fuel,  Etc.,  Act  111  of  1880,  p.  139. 

Stationery,  How  Furnished,  Act  132  of  1880,  p.  179. 


974  REGISTRATION . 


REGISTRATION. 

Act  Xo.  123  of  1880. 

To  provide  for  the  appointment  of  a  Supervisor  of  Registration 
for  tlie  parish  of  Orleans  and  the  Clerks  of  Registra- 
tion throughout  the  State,  and  to  fix  their  compensa- 
tion, define  their  duties  and  powers;  provide  for  a  new 
registration  for  the  parish  of  Orleans;  to  provide  for  the 
Keeping  of  a  registry  of  legal  voters;  to  define  the  duties  of 
certain  officers;  to  provide  penalties  for  violations  of  this 
act,  and  to  regulate  the  manner  of  registering  voters 
throughout  the  State,  and  to  provide  for  the  appointment  of 
special  canvassers. 

Supervisor  of  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
b  e^appo'inted°  Loxiisiaiia.  That  immediately  after  the  promulgation  of  this  act 
his  term  of  of-  the  Govemor,  by  and  with  the  advice  and  consent  of  the  Senate, 

fice ;  his  salary,  "^  ' 

how  and  when  shall  appoint  a  Supervisor  of  Registration  for  the  parish  of 
zadon  To^^p-  Orleans  for  the  term  of  four  years,  who  shall  hold  his  office  until 
point  a  clerk;  the  month  of  May,  1884.  and  every  four  years  thereafter,  who 

his  salary,  how  j  t  ■  ^  j 

and  when  paid;  shall  receive  a  salary  of  thirty-six  hundred  ($3600)  dollars  per 
cierk^  "qua^Ufi^  annum,  payable  monthly  on  his  own  warrant,  out  of  any  funds 
cations  of  the  of    the  State  Treasurv  not    otherwise   appropriated;    and   said 

Supervisor  ana  '  r-r-       r  i 

clerks  to  be  by  Supervisor  of  Registration  for  the  parish  of  Orleans  shall  be 
noTto'b'e^Tuei-' ^"ipowered  to  appoint  a  clerk,  at  a  salary  not  to  exceed  fifteen 
bie  to  any  office  hundred  dollars  per  annum,  payable  monthly  on  his  own  war- 

dunng   and  lor  ,  r,  . 

t  h  r  ee  months  rant,  approved  by  the  Supervisor  of  Registration,  out  of  any 
of*office!^  *^'^'"  money  in  the  State  Treasury  not  otherwise  appropriated,  and  said 
clerk  shall  discharge  such  duties  as  may  be  assigned  him  by  the 
Supervisor  of  Registration  and  in  the  absence,  sickness  and 
disability  of  the  Supervisor  he  shall  act  for  him.  The  Supervisor 
of  Registration  and  his  clerks,  appointed  under  the  provisions 
of  this  act,  shall  be  bona  fide  voters  of  the  parish  of  which  he 
or  they  are  appointed,  and  shall  not  be  eligible  to  any  elective 
office.  Federal,  State,  parochial  or  municipal, during  his  term  of 
office  and  for  three  months  after  the  expiration  thereof,  or 
after  his  resignation,  if  he  should  resign. 
Duties  and  Sec.  2.  Be  it  further  enacted,  etc.,  That  the  Supervisor  of  Reg- 
s  upervisor  o  f  istration  of  the  parish  of  Orleans  shall,  as  soon  as  he  receives  the 
Registration,  registration  books,  as  provided  for  by  this  act.  proceed  to  make 
a  new  and  complete  registration  of  the  qualified  voters  of  said 
parish.  He  shall  keep  his  office  open  all  the  year,  from  10 
o'clock  in  the  forenoon  until  3  o'clock  in  the  afternoon.  Sundays 
and  legal  holidays  excepted ;  during  the  sixty  days  preceding  a 
general  election  the  Supervisor  of  Registration  and  his  clerks  shall 
keep  their  office  open  from  8  o'clock  a.  m.  to  2  o'clock  v.  m.,  and 
from  4  o'clock  p.  m.  to  7  o'clock  p.  m.  He  shall  be  empowered  to 
employ  such  number  of  clerks  for  sixty  days  before  each  general 
flection  as  he  may  deem  necessary;  provided,  the  number  shall 


REGISTRATION.  975 

not  exceed  twenty-six;  and  said  clerks  shall  be  entitled  to  com- 
pensation of  not  more  than  three  dollars  per  day  for  the  time 
actually  employed,  on  presenting  their  accounts  sworn  to  by 
themselves  and  approved  by  the  Supervisor  of  Registration  to 
the  State  Auditor;  and  the  warrants  drawn  by  the  Auditor  for 
their  compensation  as  aforesaid  shall  be  paid  out  of  any  money 
in  the  State  treasury  not  otherwise  ap])ropriated.  The  Super- 
visor of  Registration  of  the  parish  of  Orleans  shall  make  a  revis- 
ion of  the  registration  sixty  days  prior  to  any  general  election, 
and  shall  close  his  office  ten  days  prior  to  any  election,  to  pre- 
pare his  books  and  make  a  verification  of  the  same. 

Sec.  3.   Bp  it  further  enacted^  etc..   That  immediately  after  the     jjuty    of  the 
passage  of  this  act  the  City  Council  of  the  city  of  New  Orleans  shall.  City  i;ouncii  in 

■^^  *  •  •'  relation   to  the 

by  ordinance,  divide  each  ward  of  the  city  of  New  Orleans  into  subdivision  of 
election  precincts,  each  of  said  precincts  to  be  composed  of  con-  ode*an^s°i  n  t^ 
tiguous  8<iuares.  and  each  precmct  to  be  so  arranged  as  to  contain  «=!ection  pre  - 
as  nearly  as  possible  an  eijual  number  of  voters,  and  no  precincts  a  id'  election 
to  contain  more  than  live  hundred  registered  voters,  as  shown  by  brformed^ani 
the  next  preceding  registration;  no  ward  to  have  less,  under  any  "^ade  and  for 
circumstances,  than  two  precincts;  and  said  City  Council  shall  vious  to  any 
cause  the  same  division  to  be  made,  if  necessary,  or  recpiired  by  fjo'Jf'^*^  e  l  e  c  - 
the  Supervisor  of  Registration,  six  months  prior  to  any  general 
election  thereafter,  so  as  to  conform  with  the  provisions  of  this 
section. 

Skc.  4.  Be  it  further  enacted,  etc..  That  the  books  of  registration     in  what  form 
in  the  parish  of  Orleans  chall  consist  of  and  be  known  by  the  fol-  relist  ra^  on 
lowing  names :     One  precinct  register  for  each  precinct,  one  cer-  shall  be  kept, 
titicate  stub  book  for  each  precinct,  one  index   or  poll   book  for 
each  precinct,  one  duplicate  certificate  stub  book  for  each  ward, 
one  general  index  for  each  ward. 

Sec.  5.  Be  it  further  enacted,  etc..  That  the  precinct  register  what  the  ore- 
shall  show  and  contain  the  date  of  registration,  number  of  certifi-  cinct  register 
cate  of  registration,  name  of  voter,  residence,  age,  color,  occu-  how  the  regis - 
pation.  where  born,  name  of  householder,  time  of  residence  in  ^^^j'^"  ^^^'^ ''^ 
the  State,  parish  and  ward,  oath  of  registration,  remarks.  The 
applicant  for  registration  shall  sign  the  oath  of  registration,  and 
in  case  the  applicant  can  not  write  he  shall  make  his  mark. 

Sec.  6.  Be  it  further  enacted,  etc..  That  applicants  for  registra- 
tion shall  be  required  to  subscribe  to  the  following  oath  of  regis-  taken  b  y  any 
tration  :  '■  I  do  solemnly  swear,  or  affirm,  that  by  the  time  of  hold-  fngTo^be^regis- 
ing  the  next  election  in  this  parish  I  will  be  at  least  twenty-one  «ered. 
years  of  age ;  I  was  born,  naturalized  or  declared   my   intentions 
to  become  a  citizen   of  the   United   States  (as  the  case   may  be), 
and  am  subject  to  the  jurisdiction   thereof,  and,  by  the  time  for 
holding  of  the  election,  I  will   have   been  a  resident  of  this  State 
for  at  least  one  year,  and  of  this  parish  for  at  least  six   months, 
and  of  the  ward  which  I  now   claim   to   be  registered  for  at  least 
thirty  days,  and  I  am  not  disfranchised  for  anv  causes  mentioned 
in  Article  187  of  the  Constitution  of  this  State." 


976  REGISTRATION. 

What    the     '^^c.  7 .  Be  it  farther  enacted,  etc..   That  the  precinct  certificate 

the^pre*cVnct^^"^  ^^^*^^  ^^^^^  ^^'^'^^^^  ^^^'^^^^^^^^'^   ^^  registration,  which  shall 
re  eist ration  be  numbered,  the  name  of  the  applicant  for  registration  shall  be 
written  on  the  stub  thereof  by  the  clerk   or   supervisor  of  regis- 
tration; the  certificate  of  registration  shall  have  printed  thereon 
the  number  of  certificate  to  correspond  with  the  stub;  the  num- 
ber of  the  ward  and  precinct  shall  also  be  printed  on  the  certifi- 
cate of  registration,  which   the   applicant  shall   sign,  and  if  un- 
able to  sign  shall  affix  his  mark,  and   the   clerk   or  supervisor  of 
registration  Issuing  said  certificate  shall  affix  his  signature  to  the 
same. 
How,  when     Sec.  8.  Be  it  further  enaoted,  etc.,  That  duplicate  certificates  of 
case  'diiniica^te  registration  shall  be  Issued  to  persons  whose  original  certificates 
registration  have  been  lost  or  destroyed, 'after  subscribing  to  the  following 

certificates  J       ^  »  e 

shall  issue.  o^th :  ''I  do  Solemnly  swear,  or  affirm,  that  I  have  been  duly 
registered,  and  my  original  certificate  of  registration  has  been 
lost  or  destroyed.  So  help  me  God.'*  Said  oath  shall  be  printed 
on  the  back  of  said  duplicate  certificate  of  registration;  the  du- 
plicate shall  bear  the  same  number  as  the  original,  and  in  other 
respects  shall  be  the  same,  except  that  they  shall  be  printed  on 
paper  of  different  color,  and  the  word  "duplicate"'  shall  be 
printed  thereon;  the  clerk  or  supervisor  of  registration  issuing  the 
same  shall  mark  the  letter  D  in  red  ink  to  the  left  of  the 
original  number  on  the  precinct  register.  He  shall  also  mark 
the  letter  D  in  red  ink  on  the  original  stub ;  also  the  letter  D  shall 
be  marked  in  its  proper  place  in  the  precinct  index  or  poll  book, 
and  also  on  general  index  book. 
AVhat  the  Sec.  9.  Be  it  further  enacted,  etc.,  That  the  precinct  poll  or  in- 
fndex°*book"o  t  ^^^  book  shall  contain  the  name  of  every  voter  who  has  registered 
resist  rat  ion  for  the  precinct  it  represents,  and  who  has  been   duly  registered 

must  contain.  ^  ,.^,  ,      ^  ,^,  .       ^    .  ,.,,.3 

and  qualified  as  an  elector  of  the  precinct  in  which  he  resides; 
said  precinct  index  shall  be  arranged  in  columns  so  as  to  contain 
the  number  of  certificate,  name  of  voter,  name  of  householder^ 
residence,  age,  color,  where  born  and  remarks. 
Supervisor  of  Sec.  10.  Be  it  further  enacted,  etc..  That  the  supervisor  of  reg- 
registraiion   to  igtration  of  the  parish  of  Orleans  shall  procure  one  poll  list  book 

procure  one 

poll  list  book  for  each  precinct  in  the  city  of  Xew  Orleans,  which  shall  be 
dnct^ol*  tTe  numbered  from  one  to  the  number  of  registered  voters,  and  shall 
parish  of  Or-  have  printed  on  the  first  page  the  following  oath,  which  shall  be 

leans.     What  i^    o  o 

the  said  book  taken  and  subscribed  to  by  the  commissioners  and  clerks  of  elec- 

rnust contain,    ^j^^^    to-wit:     "I, ,    do  Solemnly   swear    that    1    will 

Oath    of  the  perform  the  duties  of  commissioner  or  clerk  of  this  election  ac- 

and"cleVk  "of  cording  to  law  and  the  best  of  mj^  ability;  and  that  I  will  studi- 

eiection.  ously  endeavor  to  prevent  fraud,  deceit  and  abuse  in   conducting 

the  same.    So  help  me  God."' 

What  the     Sec,  11.  Beit  further  enacted,  etc.,  That  the  general  index  shall  1 

m^usYcontaln.*"  Contain  the  number  of  registration  certificates,  name    and  resi-  : 

dence  of  the  voter,  and   page  of  precinct  registration;  also   the  I 

names  of  all  persons  registered  in  the  ward  it  designates. 


REGISTRATION.  977 

Sec.  32.  Be  it  further  enacted^  etc..  That   it   shall  be  the  duty  of     Duty  of  Crim- 
the  Criminal   Sheriff  of  the  parish    of    Orleans  to  furnish  the  i"'''.^'^^"^,.'" 

fur   isning  a  list 

supervisor   6f    registration  on  or  before  the  fifth   day  of  each  of  prisoners  to 
month  a  list,  under  oath,  of   the   name,  age   and  residence  of  all  ^j  registration^ 
male  persons  who  have  been  committed  to  prison  as    convicts 
during  the  preceding  month.     It  shall  be  the  duty  of  the  sexton    Duty  of  sex- 
of  each  cemetery  of  the  parish  of  Orleans  to  deliver  on  or  be- ^er^etery.^^'^^ 
fore  the  fifth  day  of  each   month,  at  the  office  of  the  supervisor 
of  registration,  a   list,  under  oath,  of  the  names,  ages  and  resi- 
dences  of   all   males   over  twenty-one    years   of  age  who  have  Du,y  „£  ^gepgr 
been  interred  in  their  respective  cemeteries  during  the  preceding     of  insane 
month.     It  shall  be  the  duty  of  the  keepers  of  insane  asylums  to 
do  the  same  in  regard  to  all  persons  committed  to  said  asylums,     Duty   of  the 
and  it  shall  be  the  duty  of  the  Board  of   Health,  the  chief  of  po-  S  °  .V  ^  h°  f 
lice  of  the  city  of   Xew  Orleans,    clerk   of  the  Charity  Hospital,  of  Police,  clerk 
keeper  of  the  insane  asylum,  to  deliver  on  or  before  the  fifth  day  h  o'^p'^u'^a'l^ 
of  each  month,  a  certiflLed  statement  of  facts  relating  to  any  such  keeper  of   in- 

..,....,  .     -.  ,  ,  .  ,      ,,  sane  Asylum. 

cases  within  their  knowledge,  whenever  the  supervisor  shall  re- 
quest the  same;  and  in  the  event  of  any  such  sexton,  criminal  pe^j^jty  gi„gt 
sheriff.  Board  of  Health,  chief   of  police,  clerk  of  the  Charity    the  foregoing 
Hospital,  keeper  of  the  Insane  Asylum,  failing  or  neglecting  to     failing  or 
perform  the  duties  required  under  this  section,  he   or  they  shall     p^fr^Vo^m 
be  liable  to  a  tine  of  twenty-five  dollars  for  each  and  every  omis-     '^^ese  duties, 
sion  or  failure  to  comply  with  the  provisions  of  this  section,  to 
be  recovered  before  any  court  of  competent  jurisdiction,  and  said 
fine  shall  accrue  to  the  Charity  Hospital ;  and  it  shall  be  the  duty 
of  the  supervisor  of  registration  to  prosecute  any  officer  so  offend- 
ing, and  said  supervisor  shall  also  keep  a  book  or  books  for  ref- 
erence of  all  the  reports  so  made  to  him  under  the   provisions  of 
this  section,  and  of  all  the  erasures  by   him   made  and  based  on 
aforesaid  reports. 

Sec.  13.  -B^rt/wrti^erejiacfed,  e^c,  That  it  shall  be  the  duty  of  the     canvassersto 
supervisor  of  registration  of  the  parish  of  Orleans,  during  the  regis-  ^^  ^^  pJ'  'J'^^e'l 
tration.  or  at  any  other  time,  vipon  the  affidavit  of  any  two  bona  fide  sor  of  registra- 
citizens  who  have  been  appointed  to  canvass  bv  any  political  dudes'.  ^^^'^'^ 
party,  and  who  have  been  duly  sworn  to  perform  their  duty  as 
canvassers,  and  who  make  affidavit  before  him  (the  supervisor) 
that  certain  names  are  fraudulently  and  illegally  registered  and 
should  be  erased,  to  investigate  the  same,  and  cause  said  names 
to  be  published  for  three  consecutive  days  and  erased  in  the  same 
manner  as  designated  in  the  preceding  section;  and  in  case  of  the 
failure  of  the  supervisor   to   investigate  the   same,    the  persons  g^j^g^'^JJ^^  ^  q°j[ 
making  said  affidavits  may  appeal  to  any  court  of  competent  juris-  regisiration  i  n 
diction,  without  cost  attending  such  appeals,  and  the  same  shall  [ra!iHul'ent  reV° 
be  tried  without  delay,  and  if  such  names  be  found  illegally  and  'str^t'on. 
fraudulently  registered,  the  court  shall  order  their  immediate 
cancellation.     If  at  any  time  the  supervisor  of  registration  may 
have  good  reasons  to  believe  that  fraudulent  registration  is  being 


978  REGISTRATION. 

practised,  or  is  attempted  to  be  practised,  he  shall  have  author 
ity  to  employ  special  canvassers,  not  to  exceed  two  for  each  ware 
whose  pay  shall  not  exceed  two  dollars  a  day  each,  and  who  shall 
proceed  to  investigate  under  the  instruction  of  the  supervisor 
such  cases  as  may  be  by  him  to  them  referred,  and  the  statement 
of  said  canvassers  under  oath,  by  him  lo  be  administered,  shall 
be  considered  by  the  supervisor  of  registration  prima  facie  evi- 
dence of  the  facts  therein  contained,  and  his  decision  shall  be 
based  thereon ;  provided,  that  after  three  days*  notice  to  the  par- 
ties interested,  the  contrary  thereto  be  not  made  to  appear  to  his 
satisfaction  by  the  statement  under  oath  of  two  competent  wit- 
Compensa- messes.  The  supervisor  of  registration  shall  have  full  power  to 
tion  of  canvas-  administer  all  oaths  in  the  examination  of  witnesses  in  matters  of 

sers.   • 

registration;  the  special  canvassers  to  be  appointed  under  the 
provisions  of  this  section  shall  be  paid  in  the  same  manner  as  is 
provided  for  clerks  of  registration  in  section  two  of  this  act. 

Sec.  14.  Be  it  further  enacted,  etc..  That  the  supervisor  of  reg- 
istration and  clerks  of  registration  throughout  the   State   shall 
cancel  and  erase  names  from  the  books  of  registration  in  the  fol- 
lowing cases,  to-wit : 
How  and  for     First — When  they  know  of  the   death   or  removal   of  a  person 

what  reasons  ,      .   ,         •, 

the  supervisor  registered. 

and'^Tis^  cLrks     Second — ^Whcn  the  insanity  of  a   person   registered   is   legally 

are    authorized  established, 
to    cancel    and 

erase  names     Third — Upon  the  production  of  a  certified  copy  of  a  judgment 
of  registration,  of  felony  in  full  force  against  the  person  registered,  or  upon  re- 
liable information  of  such  conviction. 

Fourth — Upon  the  production  of  a  certitied  copy  of  a  judgment 
directing  the  cancellation  to  be  made. 

Fifth — Upon  the  certificate  of  canvassers  appointed   by   law, 
and  upon  lawful  grounds,  but  not  otherwise. 
Penalty  tor     Sec.  15.  Be  it  further  enacted,  etc.,  That  should  the  supervisor 
[ster'an  '^ouaif  ^''  ^°^  clerk  of  registration  refuse  to  register  any  qualified  elec- 
fied  elector,       tor,  such  elector  may  proceed  by  action  in  any  court  of  competent 
jurisdiction  to  compel  such  certificate  to  be  issued,  and  in  an  ac- 
tion under  authority  of  this  section  as  many  persons  as  there  are 
causes  of  action  against  may  be  joined  as  plaintiffs.     Said  causes 
shall  be  tried  without  delay  or  costs. 
Right  of  ac-      Sec.  16.  Be  it  further  enacted,  etc.,  That  any  person  may  pro- 

tion  against  the  ,    ,  .  ,  ,     ,  ,     ^, 

supervisor  or  ceed  by  action  m  any  court  to  compel  the  supervisor  or 
annui*any^entry  ^^^^^^  of  registration  to  Cancel  any  entry  made  illegally  on  any 
illegally  made,  book  of  registration  or  that  ought  to  be  canceled  by  reason  of 
facts  that  have  occurred  subsequent  to  the  time  of  such  entry, 
but  if  the  party  whose  name  is  sought  to  be  canceled  be  not  a 
party  to  the  action,  the  court  shall  order  him  to  be  made  a  party 
defendant,  and  the  supervisor  or  clerk  shall  be  notified  to  show 
cause   why  such   erasure   shall  not   be   made;  as   many  persons 


I 


REC4ISTRATI0N.  979 

may  join  as  plaintiffs  as   are  concerned ;  said   causes  to  be   tried 
witliout  delay  or  cost. 

Sec.  17.  Be  it  further  enacted,  etc..  That  costs  may  be  recovered  ^osts  t  o  b  e 
against  the  supervisor  or  clerks  of  registration  when  it  is  estab-  recovered 
lished  on  trial  that  the  supervisor  or  clerks  knowingly  and  wil-  pen^'sor  or  his 
fully  violated  a  plain  duty,  but  not  otherwise.  they^'have  wUi" 

Sec.  18.  Be  it  further  enacted,  etc.,  That  every  person  charged  lui'y  violated 
with  the  performance  of  any  duties,  under  the  law  of  this  State,  ^"^  "'^* 
relating  to  registration  or  election,  who  wilfully  refuses  or  p  e  n  a  i  t  v 
neglects  to  perform  his  duty,  or  who  in  his  official  capacity  aga  i  nst  any 
knowingly  and  fraudulently  acts  in  contravention  or  violation  of  with^the  *  p^e^r- 
any  of  the  provisions  of  such  laws  is,  unless  a  different  Punish- ^°''^^*j"g'^^^j°* 
ment  is  prescribed  in  this  act,  punishable  by  tine  not  exceeding  der  the  law  re- 
one  thousand  dollars  or  by  imprisonment  in  the  State  Peniten- tratlon  or'efec- 
tiary  not  exceeding  five  years  or  by  both.  '^■°"- 

Sec.  19.  Be  it  further  enacted,  etc..  That  the  supervisor  of  reg-  B^n^j  ^f  g^. 
istration  of  the  parish  of  Orleans  shall,  before  entering  upon  the  pervisor  of  reg- 
discharge  of  his  duties,  execute  a  bond  with  two  good  and  solv- 
ent securities  for  the  faithful  performance  of  the  duties  required 
of  him  by  law,  and  for  the  payment  of  such  damages  as  may  be 
sustained  by  his  failure  to  discharge  such  duties,  and  said  secur- 
ities shall  be  examined  and  qualified  before  the  judge  of  the  Civil 
District  Court  for  the  parish  of  Orleans  in  the  sum  of  five  thou- 
sand dollars  ($5000),  in  favor  of  the  Governor,  recorded  in  the 
book  of  mortgages  in  the  parish  of  Orleans,  and  it  shall  operate 
as  a  legal  mortgage  on  his  property.  A  certified  copy  of  said 
bond  shall  be  filed  with  the  State  Auditor  and  the  Secretary  of 
State.  The  supervisor  and  clerks  of  registration  throughout  the 
State  shall  take  and  subscribe  the  oath  provided  by  article  149  of 
the  Constitution  of  the  State. 

Sec.  20.  Be  it  further  enacted,  etc.,  That  the  simervisor  of  reg-     „ 

•'  '  '  "^  °        Supervisor  of 

istration  of  the  parish  of  Orleans  shall,  as  soon  as  practicable  reeistra.tion  t  o 
after  his  appointment,  advertise  in  the  official  journal  of  the  city  selreT  p^r  opo- 
of  New  Orleans  for  sealed  proposals  for  the  supplying  of  his  ?=^'s  for  suppiy- 

^      ^  ^t-  .       o  inghis   office 

office  with  the  necessary  books  for  his  office,  as  required  by  this  with  books.etc. 
act,  and  it  shall  be  the  duty  of  the  Secretary  of  State  to  furnish 
the  clerks  of  courts  in  each  parish  (the  parish  of  Orleans  except- 
ed), sixty  days  previous  to  an  election,  necessary  books  and 
blanks  required  by  this  act;  and  said  books  and  blanks  shall  be 
paid  for  upon  the  warrants  of  the  Auditor  out  of  any  funds  in 
the  State  Treasury  not  otherwise  appropriated. 

Sec.  21.  Be  it  further  enacted,  etc..  That  the  City  Council  of  ^iiy  Council 
the  eitj'  of  New  Orleans  shall  provide  an  office   and   such  furni-  of  New  Orleans 

,  ,         ,  .  .to    provide    an 

ture  as  may  be  necessary   to  enable   the   supervisor  of  registra-  office  and  furni- 
tion  of  the  parish  of  Orleans  to  carry  out  the  duties  of  his  office,  p"e^rtiso'ro't^reK- 
and  the  Surveyor  of  the  city  New  Orleans  shall  cause  to  be  made  istration. 
out  the  necessary  precinct  maps  for  the  city  of  New  Orleans. 
Sec.  22.  Be  it  further  enacted,  etc.,  That  the  supervisor  of  reg- 


980  REGISTRATION. 

instructionsistratioD  of  the  parish  of  Orleans  shall,  whenever  he  deems  it 
the^'^sfpervisol  necessary,  issue  instructions  to  the  police  of  the  city  of  New  Or- 
of  Registration  leans  to  canvass  the  voters  reufistered.  or  take  a  census  of  such  as 

to  the  Police.  .  ^    ,  .  .  -, 

are  entitled  to  registration;  and  any  police  officer,  or  other  per- 
son designated  to  canvass  or  take  a  census  of  registration,   who 
shall  make  a  false  return,  with  a  view  of  committing  fraud,  shall 
be  deemed  guilty  of  a  felony,  and  upon  conviction  shall  be  lined 
not  less  than  one  thousand  dollars  or  imprisonment  not  less  than 
one  year. 
Books,  papers,     Sec.  23.  'Be  it  further  enacted,  etc..  That  the  books,  papers  and 
pe*r'yisor*of^Rlg-  records  of  the   office  of  the  supervisor  of  -  registration    of    the 
istration  to  be  parish  of  Orleans  shall  at  all  times  be  open  to   inspection  bv  the 

openatall'^  .  ^  ^ 

times  to  any  public,  and  copies  of  the  same  may  be  procured;   provided,  the 
c^u  fo^themr"  *^"^^  ^oes  not  interfere  with  registration. 

Sec.  24.  Be  it  further  enacted,  etc.,  That  in  all   cases  where,  on 

In  what  man- 

ner  the   regis  trial  of  a  person  charged  with   any  offence  under  the*  provisix)ns 
cTnce"ed!^*^'  ^^  ^^  ^^^^  ^'^^'  '*  appears  in  evidence  the  accused  is  registered  with- 
out being  qualified,  the  court  shall  order  such  registration  to  be 
canceled. 
How  and  in     Sec.  25.  Be  it  further  enacted,  etc.,  That  whenever  the  super- 
7he  'lup'ervisor  ^isor  or  clerks  of  registration  have  reason   to  believe  that  any 
shall  detect  an  name  or  names  upon  the  books  of  registration  are  illegally   or 
fraudulent  reg- fraudulently  placed  thereon,  he  shall  send  a  written  or  printed 
istration.  notice  by  postal  card,  or  otherwise,  to  such  person,  directing  the 

same  to  his  address,  as  found  in  the  directory,  or  in  case  his 
name  is  not  in  the  directory,  then  to  the  address  of  such  person 
as  registered  on  the  books  of  registration,  requiring  such  person 
to  show  cause  why  he  (the  supervisor  or  clerk  of  registration) 
should  not  cancel  said  name;  if  such  person  fail  within  live  days 
to  show  cause  why  his  name  shall  not  be  canceled,  and  it  ap- 
pears s*isfactory  to  the  supervisor  or  clerk  of  registration  that 
sai-d  name  has  been  illegally  or  fraudulently  registered,  the  su- 
pervisor of  the  parish  of  Orleans  shall  publish  such  names  in  the 
official  journal  of  the  citj'  for  three  consecutive  days  at  the  expense 
of  the  city  of  Xew  Orleans,  and  the  clerks  of  registration  through- 
out the  State  shall  cancel  such  names  without  publishing  the 
same,  and  unless  the  parties  whose  names  have  been  published 
prove  their  identity  or  their  right  to  be  registered,  within  five 
days  after  publication,  the  Supervisor  of  Registration  of  the  par- 
ish of  Orleans  shall  cause  said  names  to  be  erased  from  the  books 
of  registration,  noting  the  reason  therefor  in  the  column  of  re- 
marks of  the  precinct  register;  provided,  any  person  who  has 
attempted  to  prove  his  identity  or  his  right  to  be  registered  and 
has  been  erased  shall  have  power  to  appeal  to  any  court  without 
cost,  enjoining  the  supervisor  or  clerk  to  reinstate  his  name,  and 
the  decision  of  said  court  shall  be  final. 

Sec.  26.  Be  it  further  enacted,  etc.,  That  any  person  who  takes 
a  false  oath  for  the  purpose  of  procuring  a  certificate  of   regis- 


J 


REGISTRATION.  981 

tration.  naturalization  or  declaration  of  intention  to  become  a  Penalty  for 
citizen,  or  aids  as  a  witness  or  otherwise  in  obtaining  the  same  l^^^^  procurinl 
fraudulently,  shall  be  guilty  of  a  felony,  and  on  conviction  shall  registration 
be  fined  not  less  than  one  thousand  dollars  and  imprisoned  fzTuon'ifapers^ 
not  less  than  one  year  nor  more  than  five  years.  The  supervisor  ^^^  infeiti'on  "to 
shall  cause  this  section  to  be  posted  in  conspicuous  places  in  the  become  a  citi- 
city  of  Xew  Orleans  sixty  days  prior  to  any  election. 

Sec.  27.  Be  it  further  enacted,  etc.,  That  any  person  who  fails  Penalty 
to  appear  when  summoned  to  testify  before  any  court  relative  to  person"  ^failing 
resristration  or  election  shall  be  deemed  guilty  of  a  misdemeanor,  ^°  appear  wiien 

"  .  o         ./  summoned     t  o 

and  shall  be  punished  by  fine  or  imprisonment,  at  the  discretion  testify     before 

,  ^,  ,  any  court  in 

of  the  court.  relation  to  reg- 

i  s  t  r  ati  on  or 
CHANGE  OF   RESIDENCE.  election. 

Sec.  2S.  Be  it  further  enacted,  etc..  That  any  voter  moving  How  change 
from  one  election  precinct  in  a  parish  to  another  °jj/'^^^^g"'^^^y 
precinct,     ward    or    subdivision    of    said    parish     shall     have  be  effected   in 

s  .1  1  .  ,>^  1       .  ,  >  11,         order  to  entitle 

the  right,  on  makmg  amdavit  of  such  removal  before  him  to  vote;  the 
the  assessor,  supervisor  or  clerk,  to  have  the  entry  on  wiUioiuchar°ge! 
the  books  of  registration  and  on  the  poll  lists  changed  so  as  to  p  e  n  a  ity  for 

,       .^.    ,  .  .,  ,  .  violation  of  this 

correspond  With  his  new  residence;  and  no  assessor,  supervisor  section, 
or  clerk  of  registration  shall  be  allowed  to  charge  any  voter  a 
fee  for  making  such  change,  or  for  any  other  matter  or  things 
required  by  this  act  to  be  done ;  and  any  assessor,  supervisor  or 
clerk  who  shall  violate  this  provision  shall,  on  conviction,  be 
punished  by  tine  or  imprisonment,  at  the  discretion  of  the  court. 

RIGHT  TO   BE  REGISTERED. 

Sec.  29.  Be  it  further  enacted,  etc.,  That  the  respective  assessors,  Assessors 
the  supervisor  and  clerks  of  registration,  shall   each  have   the  supervisors    of 

..  ,  ,..  ,.,  ele  ction  and 

power  to  administer  oaths  to  any  person  claiming  the   right  to  their  clerks  au- 
be  registered,  or  in  regard  to  any  other  matter  or  thing  required  ^I'ni'ste'!-  ^oaths 
to   be   done    or  inquired    into   by   any   of    said   officers,  under  Pen  ai  ty  for 
this   act,  and   any  wilful  false  swearing  by  any  person  in  rela- 
tion to  any  matter  or  thing  concerning  which  he  shall  be  inter- 
rogated by  any  of  said  officers  shall  be  punished  as  perjury. 

PENALTY     FOR    ALTERING   OR    TEARING    DOWN     ANY    NOTICE   OF 
ELECTION. 

Sec.iSO.  Beit  further  enacted,  etc..  That  if  any  person  shall  Penalty  for 
fraudulently  alter,  add  to,  deface  or  destroy  any  list  of  voters  altering,  defac- 
made  out  as  directed  by  this  act,  or  any  book  of  registration,  or  i  n  g  list  of 
tear  down  any  poster  or  notice,  or  remove  the  same  from  the  of  ^registrat?on^ 
place  where  it  has  been  fixed  or  deposited  for  any  improper  or  tearing  or 
purpose,  the  person  so  offending  shall  be  deemed  guilty  of  a  er^°^'"^  ^°^ 
misdemeanor,  and.  on  conviction  thereof,  shall  be  punished  by  a 
fine  not  exceeding  five  liundred  dollars  nor  less  than  one  hundred 


982  REGISTRATION. 

dollars,  and  by  imprisonment  for  not  more  than  twelve  nor  less 
than  three  months,  at  the  discretion  of  the  court. 

ASSESSORS   AND   REGISTRATION    OFFICE. 

Prohibitionto  Sec.  31.  Be  it  further  enacted,  etc.,  That  the  assessor  shall  not 
^pen^'theu^of"  ^^^"^  ^^^  omcG  On  any  boat  or  water  craft,  and  during  sixty  days 
fices  on  any  before  the  general  election  shall  not  go  to  unusual  places  under 

boat    or     water  ^,  ^  j-        jy:      j.  ^       .^     , 

craft,  and  dur-  the  pretence  of  affording  opportunity  for  voters  to  register, 
''rf  r^'to^  lee-  ^^^^  shall  remain  at  each  appointed  place  during  the  full  period 
tion  to  go  into  named  in  his  public  notice,  and  shall  not  attend  places  to  register 

unusual   places        ,  ,,.,,,  ,.  ,.  .,.,. 

for  the  purpose  voters  of  which  he  has  not  given  notice  as  required  by  this  act; 
The'^^fhaU  onf '  ^^^  ^°^  asscssor  violating  this  provision  or  wilfully  refusing  to 
register  a  t  open  his  offlce  at  or  near  each  polling  place  in  his  parish  shall, 
them  ^n'^p  recoil  conviction,  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
vious  notices.  pQnigiig(j  |jy  a  tine  and  imprisonment,  at   the   discretion  of  the 

violating  thisCOUrt.  • 

section. 

NATURALIZATION. 

Duty  of  per-  Sec.  32.  Be  it  further  enacted,  etc.,  That  every  person  of  foreign 
b?rthwho°ciafm  t)irth  claiming  a  right  to  be  registered  shall,  in  addition  to  the 
the  right  to  be  proof  of  residence,  prove  that  he  has  been  naturalized  conforma- 

registered. 

bly  to  the  laws  of  the  United  States,  or  declared  his  intention  to 
become  a  citizen  in  accordance  with  Article  185  of  the  Constitu- 
tion of  this  State;  and,  as  evidence  thereof,  he  shall  produce  a 
certificate  of  naturalization  under  the  seal  of  the  court  in  which 
said  naturalization  took  place,  duly  attested  by  the  clerk  of 
said  court,  and  shall  prove  by  the  oath  of  two  qualified  electors 
of  the  election  precinct  that  he  is  the  person  named  in 
the  said  certificate  and  person  to  whom  it  was  issued.  If  he  has 
lost  said  certificate,  having  been  naturalized  by  a  court  of  this 
State,  he  shall  make  oath  to  the  fact  and  produce  a  certified  copy 
of  his  certificate  of  naturalization,  which  shall  be  furnished  him 
by  the  clerk  of  said  court  free  of  cost;  and  any  clerk  refusing  to 
issue  such  certified  copy  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or 
six  months  in  the  parish  prison. 

FALSE   REGISTRATION   OR  NATURALIZATION. 

Penalty  for     l^EC.  33.  Be  it  further  enacted,  etc..  That  if  any  person  upon  any 

making  false  false  representation,  or  by  the  production  of  any  forged,  felse  or 

or'io^r^^the*  pro-  spurious  naturalization  certificate,  not  duly  issued  according  to 

forced  ortpurl-  ^^^  ^^^^^  *^^  ^^^  United  States,  shall  cause  his  name  to  be  placed, 

ous  naturaiiza-  or  shall  attempt  to  have  his  name  placed,   upon  any  book  of 

registration  for  election  purposes,  or  upon  any  list  of  qualified 

electors  authorized  or  required  to  be  made  by  any  law  of  this 

State,  or  shall  vote  or  attempt  to  vote  at  any  election,  every  such 

person,  upon  conviction  thereof,  shall  be  adjudged  guilty  of  a 


REGISTRATION.  983 

misdemeanor,  and  shall  be  sentenced  to   imprisonment  in  the 
parish  prison  for  a  term  of  not  less  than  twelve  months. 

REGISTKATION   OFFENCE. 

Sec.  34.  Be  it  further  enacted,  etc..  That  any  assessor,  super-  Penalty 
visor  or  clerks  of  registration  who  shall  wilfully  and  knowingly  ^^^^^^J^.  ^"y 
refuse  to  register  any  person  legally  entitled  to  registration  pervisor  or 
under  the  provisions  of  this  act,  shall  be  deemed  guilty  of  atr^ation  w^h^o 
misdemeanor,  and  on  conviction  shall  be  punished  by  a  tine  not  ^"^^'^j  ^^^^^^*^^^° 
to  exceed  five  hundred  dollars,  and  by  imprisonment  in  the  person  legally 
parish  prison  for  a  term  not  exceeding  two  years.  '^"^  ' 


^ 


REGISTRATION — COUNTRY   PARISHES. 


Sec.  35.  Be  it  further  enacted,  etc.,  That  no  certificate  of  reg-  Certificate  of 
istration  shall  be  issued  or  required  as  a  part  of  the  evidence  of  J'hortzed*"to  *be 
an  elector's  right  to  vote  in  any  parish,  except  the  parish  of  Or-  issued  only  in 

^  J    f  1  r-  1  j.^g    parish   of 

leans.  Orleans. 

ASSESSORS — REGISTRARS — COMPENSATION. 

Sec.  36.  Be  it  further  enacted,  etc..  That  in  each  parish  of  the    Assessor    to 
State,  except  the  parish   of  Orleans,  the  tax   assessor  shall,  for  cfefk  •  MsVuai^ 
sixty  days  before  each  general  election,  on  his  application,  be  en-  ifications;  tobe 
titled  to  one  clerk,  who  shall  be  selected  from   the  opposing  ^h  J' Go"  ernor^ 
political  party,  to  be  appointed  by  the  Governor.     The  said  clerk ^}^^  'h'cnv'^Tid' 
shall  be  entitled  to  a  compensation  of  three  dollars  per  day  for 
the  time  actually  employed,  not  to  exceed  sixty  days  in  any  one 
year,  and  only  for  years  in  which  a  general  election  is  held ;  this 
compensation  shall  be  payable   out  of  any  funds   in  the   State 
Treasury  not  otherwise  appropriated,  on  presentation  of  his  ac- 
count, sworn  to  by  himself  and  approved  by  the  assessor;  andj^j^^°j"j^|"^|" 
the  assessor  for  each  parish,  except  Orleans,  shall,  in  addition  to  sessor  for  ser- 
hls  compensation  as  tax  assessor,  be  entitled  to  a  salary  of  two  t^r'^au'on'^rfd 
hundred  dollars  for  each  year  In  which  a  general  or  special  elec-  e'^^ction,  how 
tion  is  held,  payable  on  his  own  warrant,  approved  by  the  Gov- 
.ernor,  out  of  any  funds  In  the   State  Treasury  not  otherwise   ap- 
propriated. 

DEPUTY  ASSESSORS. 

Sec.  '67.  Beit  further  enacted,  etc.,  That  In  case  of  the  sickness    Assessors  au- 
or  inability  of  the  assessor  to  act  he  may  appoint  a  deputy  to  p'^'int^aVeputy 
perform  his  duties,  and  for  the  incompetency  or  wilful  neglect  or  Assessor,   how 
refusal  to  act  of  any  assessor  he  shall  be  removed  by  the  Gov-  ''*™°^* 
ernor,  who  shall  Immediately  appoint  his  successor. 

REGISTRATION  OUTSIDE   OF   ORLEANS — LOCATION  OF  REGISTRA- 
TION  OFFICE. 

Sec.  38.  Be  it  further  enacted,  etc..  That  the  assessor  for  each 
parish  of  the  State,  except  Orleans,  shall,  as  soon  as  he  can 


984  REGISTRATION. 

Mode  of  reg-  Obtain  the  books  and  blanks  provided  for  in  this  act  from  the  clerk 
stafe'The^par^^^  ^^®  court,  proceed  to  revise  the  registration  books  in  his  par- 
ish of  Orleans  igh  by  erasing  the  names  of  those  who  have  died,  left  the  parish, 
excepte  .  ^^^  from  any  cause  become  ineligible  as  electors,  and  enrolling 

the  names  of  those  who  have  become  entitled  to  register  since 
last  registration.  He  shall,  in  addition  to  the  two  days  he  is  re- 
quired by  law  to  attend  at  each  polling  place  for  the  purpose  of 
^How  ^^^g^^*^^^  assessing  taxes,  remain  one  day  for  the  purpose  of  registering  the 
shall  register  voters,  and  in  the  notice  which  he  is  required  by  law  to  give  of 
tice  to  be  given  his  attendance  at  such  polling  places,  he  shall  mention  the  fact 
by  him  for  that  jj^j^j-  j^g  ^jjj  ^igQ   ^nd  at  the  same  time,  open  the  office  of  regis- 

purpose.  '  -if  to 

tration  at  said  polling  places.     He  shall,  for  sixty  days  before 
each  general  election,  keep  his  office  open  daily,  Sundays  and 

Assessor  t  o  ^^S*' ^'^^^'^^^^  ^^""'^P^^*^' ^''^"^  ^  ^'^^^"^^  ^^  ^^^  forenoon  until  1 
keep  office  open  o'clock  in  the  afternoon,  from  2  o'clock  in  the  afternoon  until  6 
fore^each^gen- in  the  afternoon,  for  the  registration  of  all  legal  voters.  He 
erai  election  for  gjjj^ji  keep  his  office  at  the  court  house  during  the  first  week  of 

registering    all  ^  » 

legal  voters;  said  sixty  days,  and  shall  then  establish  his  office  for  at  least  one 
his^office  at  the  day  at  or  near  each  polling  place  in  his  parish,  and  at  such  other 
court  house.       places  as  maj^  be  necessary  in  order  to  afford  convenient  oppor- 
tunity for  all  qualified  voters  to  be  registered.     During  the  last 
two  weeks  of  said  sixty  days  he  shall  keep  his  office  at  the  court 
i^v  e"b°  the  ^<^"se.     He  Shall,  for  seventy  days  before  each  general  election, 
assessor   sev-cause  to  be  published,   at  the  expense  of  the  parish,   in  the 
fore  the^^eiec-  official  journal,  if  there  be  one  in  the  parish,  a  list  of  all  the 
fi°"d  ^b  ''if "^  places  where  the  offices  of  registration  will  be  opened,  and  the 
for  registering  time  during  which  the  office  will  be  opened  at  each  place  during 
voters.  ^^^  g^.^  sixty  days.     He  shall,  in   addition  to   the  notice   in  the 

newspaper,   cause   a  similar  notice,   written   or  printed,  to  be 
posted  for  at  least  sixty  days  before  the  election  at  each   place 
of  New  Orleans  where  the  office  of  registration  is  to  be  opened;  in  the  parish  of 
to  fix  the  loca-  Orleans  the  Citv  Council  shall  give  notice  of  location  of  the  ottice 

tion    for  regis-  -  ° 

tration; notices  of  the  Supervisor  by  continuous  advertisement  in  the  official 
ho  4  pubH^ed  journal  for  sixty  days  before  each  general  election,  and  shall  give 
and  paid  for.  notice  of  the  location  of  each  of  the  offices  provided  for  clerks  of 
registration  by  continuous  publication  in  the  official  journal  and' 
in  one  daily  newspaper  published  in  the  French  language,  and  in 
one  daily  newspaper  published  in  the  German  language;  all  ac- 
counts for  the  printing  provided  for  in  this  section  shall  be  paid 
by  the  city  of  Xew  Orleans,  or  by  the  parish  in  which  the  ad- 
vertising is  done,  as  the  case  may  be,  and  at  not  more  than  the 
rate  provided  by  law.  The  said  accounts,  before  being  paid,  must 
be  approved  by  the  Mayor  of  the  city  of  New  Orleans,  or  in  other 
parishes  by  the  assessor. 

NAMES    OF    DECEASED    PERSONS    STRICKEN    OFF   BY  ASSESSORS. 

Sec.  39.  Be  it  further  enacted,  etc.,  That  the   assessors,   super- 
visor, or  clerk  of  registration   of   each   parish,  shall  within  ten 


REGISTRATION.  985 

days  next  preceding  a  general  election  strike  from  the  registra-  Assessor,  su- 
tion  the  names  of  all  voters  who  may  have  died,  left  the  parish,  cilrV  of  °reg?s- 
or  from  any  cause  become  ineligible   as  electors;  provided,  that tration  author- 

,     ,,  ,  .    ,  ,  .,,..„  .  ized  to  strike 

the  name  of  no  voter  shall  be  stricken  from  the  lists  of  registra-  from  the  regis- 
tion  in  any  parish  who  has  left  said  parish  within  thirty  days  o^f^pe°sons%?ho 
of  the  time  for  holding  the  election,  so  that  the  elector  shall  not  have  died,  left 

,  .       .    ,  .  .   ,    ,     ^  ,        ,  .       ,  .^    .     the   parish,  o  r 

lose  his  right  to  vote  in  one  parish  before  he  has  acquired  it  in  who  have   be- 

co  n 
ble. 

not  place  upon  the  poll  lists,  which  he  is  required  by  law  Proviso, 
to  furnish  for  the  use  of  the  commissioners  of  election,  any  name 
which  has  been  stricken  from  the  registration  books,  as  provided 
for,  and  any  assessor,  supervisor  or  clerk  of  registration  wilfully 
violating  this  provision,  or  who  shall  knowingly  and  illegally 
«rase  the  name  of  any  voter  who  is  legally  entitled  to  be  regis- 
tered and  to  vote  in  tiis  parish,  shall  on  conviction  be  deemed 
guilty  of  a  misdemeanor,  and  be  punished  by  fine  and  imprison- 
ment at  the  discretion  of  the  court. 

Sec.  40.  Be  it  further  enacted,  etc.,  That  the  clerk  of  the  district  Clerks  of  the 
court  of  each  parish  of  the  State,  and  the  clerk  of  the  Criminal  i  n  this  State 
€ourt  of  the  city  of  Xew  Orleans,  shall  keep  a  book  and  record  o" the  Criminal 
therein,  immediately  after  sentence  of  conviction,  the  name  and  Court  in  New 
residence  of  each  person,  who  shall  have  been  convicted  of  trea-  a  record  of  per- 

sons    convict- 
ed and  sen- 
bribery,  illegal  voting  or  Other  crimes  punishable   by  hard  labor  t  en  ced   for 

ji         -  .  .   .       .,  .  .  T    -^      1.    11    T       ii-     an   infamous 

or  Other  imprisonment  m  the  penitentiary,  and  it  shall  be  the  crime,  and  the 
dutv  of  the  supervisor  of  registration  in  the  city  of  Xew  Orleans  Assessor  or  su- 

•  ^  o  J  pervisor  oi  regf- 

and  the  supervisor  of  registration  in  the  other  parishes  to  strike  istration  shall 
from  the  registration  lists  any  person  who  shall  have  been  con-  names  o"  such 
victed  of  any  of  the  foregoing  crimes  and  misdemeanors.  the"e"istration 

books. 
BOOKS   AND   STATIONERY   FOR   REGISTRATION. 

Sec.  41.  Be  it  further  enacted,  etc..  That  the  books  for  poll  lists    How   the 
and  stationery  necessary   to   carry  on  the  registration   and  the  \°°^\  ^"  f  i'^' 
necessary  expenses  for  office   rent  incurred  by  the  assessors,  su-  sessors  and  su- 
pervisor and  clerks  on   account  of  registration  shall  be  paid  by  Lgtration  8ha°li 
the  parish  in  which  the  registration  is  carried  on;  provided,  that  ^^  P*'^  '°''- 
before  the  same  can  be  collected  the  assessor  or  supervisor  shall 
furnish  the  president  of  the  police  jury,  or  in  Xew   Orleans  the 
Mayor  of  the  city,  a  sworn  statement  of  the  expenses  actually  and 
necessarily  incurred. 

Sec  42.  Be  it  further  enacted,  etc.,  That  any  and  all  elections  Under  which 
held  subsequent  to  the  passage  of  this  act  and  prior  to  the  general  ^h'lfb^hVd"" 
election  shall  be  held  under  Act  No.  101  of  1877. 

Sec.  43.  Be  it  further  enacted,  etc..  That  it  shall  be  the  duty  of 
the  supervisor  of  registration  and  of  the  assessor  of  each  parish, 
within  five  days  after  the  close  of  the  election,  to  forward  to  the 
Secretary  of  State  an  accurate  report  of  the  number  of  registered 
voters  in  their  respective  parishes,  the  number  of  native  and  for- 


98()  REGISTRATION. 

Duty  of  As-  eign  born,  and  the  number  of  wbite  and  colored  voters,  respec- 

sessors  and  su    , 
p  e  r  V  i  sors   of 

registration  lor  mark.     And  it  Shall  be  the  duty  of  the  Secretary  of  State  to  fur- 

the  parish    of.  -^,       -r       .,,  ,,-,,-,,.  „       .-,  .,. 

Orleans    to  nish  the  Legislature  a  tabulated  statement  of  said  reports  withm 
r'e'e^i  s^t^eTe^d  twenty  days  after  the  meeting  thereof,  after  each  general  elec- 

voiers   to   thetion. 
S  e  c  r  e  t  ary  of 

State.     Secre-      Sec.  44.  Be  it  further  enacted,  etc.,  That  the  supervisor  of  regis- 
furnish  a  state"  Iration  of  the  parish  of  Orleans  shall  be  empowered  to  employ 

li  e 
same  to  the 
Legislature.        month. 

Act  55  OF  1888. 

To  Amend  and  Re-enact  Sections  1  and  36  of  Act  No.  123,  of  the 
Acts  of  1880,  Approved  April  10,  1880,  Entitled  "An  Act  to 
Provide  for  the  Appointment  of  a  Supervisor  of  Registration 
for  the  Parish  of  Orleans,  and  Clerks  of  Registration  Through- 
out the  State,  and  to  Fix  Their  Compensation,  Define  Their 
Duties  and  Powers,  Provide  for  a  Registration  of  the  Parish 
of  Orleans;  to  Provide  for  Keeping  a  Registry  of  Legal 
Voters ;  to  Define  the  Duties  of  Certain  Officers ;  to  Prescribe 
Penalties  for  Violation  of  This  Act;  and  to  Regulate  the 
Manner  of  Registering  Voters  Throughout  the  State ;  and  to 
Provide  for  the  appointment  of  special  canvassers.'' 

Section   I   of     Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
fsso  ^°t^enLd^.  Louisiana,  That  section  1,  of  Act  No.  123  of  the  Acts  of  1880,  ap- 
proved April  10,  1880,  be  amended  and  re-enacted  so  as  to  read 
Supervisor  of  as  follows :  "  That  immediately  after  the  promulgation  of  this  act, 
Orleans'*par"ish!  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate^ 
shall  appoint  a  supervisor  of  registration  of  the  parish  of  Orleans, 
By  whom  ap-  for  the  term  of  four  years,  who  shall  hold  his  office  until   the 
Ef'ifficl'sailry,  i"Oiith  of  May,  1884,  and  every  four  years  thereafter;  who  shall 
etc.       '  '  receive  a  salary  of  two  thousand  dollars  ($2000)  per  annum,  pay- 

able monthly,  on  his  own  warrant,  out  of  any  funds  in  the  State 
Clerk.  treasury  not  otherwise  appropriated;    and   said  supei visor  of 

registration  for  the  parish  of  Orleans  shall  be  empowered  to  ap- 
pointed, salary,  point  a  clerk  at  a  salary  not  to  exceed  fifteen  hundred  dollars  per 
du^ty"  ^^^  ^"^  annum,  payable  monthly  on  his  own  warrant,  approved  by  the 
supervisor  of  registration  out  of  any  money  in  the  State  treasury 
Qualifications  not    Otherwise    appropriated;      and     said     clerk     shall     dis- 
Tions     ^^^'''''^'  charge  such  duties  as  may  be  assigned  him  by  the  Supervisor  of 
Registration,  and  in  the  absence,  sickness  or  disability  of  the 
Supervisor  he  shall  act  for  him ;  the  Supervisor  of  Registration 
and  his  clerks  appointed  under  the  provisions  of  this  act  shall  be 
bona  fide  voters  of  the  parish  of  which  he  or  they  are  appointed, 
and  shall  not  be  eligible  to  any  elective  office.  Federal,  State, 
parochial  or  municipal,  during  his  term  of  office  and  for  three 
months  after  the  expiration  thereof,  or  after  his  resignation,  if 
he  should  resign. 
Sec.  2.  Be  it  further  enacted,  etc..  That  section  36  of  said  act 


REGISTRATION.  987 

shall  be  amended  and  re-enacted  so  as  to  read  as  follows:     That    clerks  of  tax 
in  each  parish  of  the  State,  except  the  parish  of  Orleans,  the  tax  ^|^|^j^g°''^^^;°^ 
assessor  shall  for  thirty  days  before  eaeh  general  election,  on  his  purposes;  f  o  r 
application,  be  entitled  to  one  clerk,  who  shall  be  selected  from  ishes;  by  whom 
the  opposing  political  party,  to  be  appointed  by  the  Governor;  their  °comVen- 
the  said  clerk  shall  be  entitled  to  a  compensation  of  three  dol-  sation. 
lars  per  day,  for  the  time  actually  employed,  not  to  exceed  sixty 
days  in  any  one  year,  and  only  for  years  in  which  a  general  elec- 
tion is  held;  this   compensation   shall  be   payable   out  of  any 
funds  in  the  State  treasury  not  otherwise  appropriated  on  pre-    Compensation 
sentation  of  his  account,  sworn  to  by  himself,  and  approved  ^y  °^^^'^''®®*=^^°''®* 
the  assessor;  and  the  assessor  for  each  parish,  except  Orleans, 
shall  in  addition  to  liis  compensation  as  tax  assessor  be  entitled 
to  a  salary  of  two  hundred  dollars  for  each  year  in  which  a  gen- 
eral or  special  election  is  held,  payable  on  his  own  warrant,  ap- 
proved by  the  Governor,  out  of  any  funds  in  the  State  treasury 
not  otherwise  appropriated. 

Act  58  of  1890. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Annulling  the 
Louisiana,  That  all  existing  registration  of  voters  and  registration  existing  regis- 
papers   in  the  parish  of  Orleans  be   and   the  same  are  hereby  voters  in  o  r  - 
canceled  and  annulled  on  and  after  the  first  Monday  of  Decem-  «*°s  P*"sn. 
ber,   1890,  and  that  no  person  shall  be  allowed  to  vote   in  said 
parish  upon  any  existing  registration  on  and  after  that  date. 

Sec.  2.  Be  it  further  enacted,  etc..  That  on  the   flrst  Monday  in     Registrar  ot 
December,  1890,  the  registrar  of  voters  of   the  parish  of  Orleans  l°^l^  reg^^ra! 
is   directed  to  proceed  to   make  an   entirely   new  registration  of  tion  of  voters, 
voters  in  said  parish  of  Orleans,  in  accordance  with  the  provisions 
of  existing  laws,   and  to  have   printed,   in  large  numerals  across 
each  registration  paper  issued  under  the  provisions   of  this  act 
"1890." 

Sec.  3.  Be  it  further  enacted,  etc..  That  the  salary  of  the  Super-     salary  of  the 
visor  of  Registration  for  the  parish  of  Orleans  be  fixed  at  thirty-  ^"J'^tratio  n°-^ 
six  hundred  dollars  ($3600)  per  annum,   as   originally   fixed  in  how  paid. 
Act  123  of  1880,  payable  monthly  on  his  own  voucher,  and  upon 
presentation  of  which  that  the  Auditor  of  Public  Accounts    be 
authorized   and   directed  to  draw  a    warrant    upon    the    State 
Treasurer  for  the  payment  of  the  same  out  of  any  moneys  in  the 
State  Treasury  to  the  credit  of  the   General  Fund   not  otherwise 
appropriated. 

Sec.  4.  Be  it  further  enacted,  etc.,  That  all  laws  and  parts  of 
laws  contrary  to  the  provisions  of  this  act  be  and  the  same  are 
hereby  repealed. 

Act  124  OF  1894. 

Be  it  enacted  by  the  General  Assembly  of  the  State   of  Lou- 
isiana: 
Section  1.  That  for  the  purpose  of  facilitating  the  registra- 


Advertisement, 


988  RICE   CHAFF. 

Providing  for  tion  of  voters  who  reside  in  the  Fifteenth  Ward,  of  the   city  of 

of  votfrSthe  ^^^^   Orleans,   which   ward  is  situated  on  the  west  bank  of  the 

Fifteenth  Ward  Mississippi  river,  the  Registrar  of  Voters  of  the  city  of  Xew  Or- 

Orieans?  leans,  be  and  is  hereby  required  to  establish  and  keep  open,  for  al 

least  ten  days  prior  to  the  closing  of  the   registration  books  for 

said   city,  an  office  in  Algiers,  which  he  shall   attend   either   in 

person  or  by  a  duly  apppointed  and  qualified  deputy  or  clerk  for 

the  purpose  of  registering  all  such  voters  of  said  ward  who  may 

be  entitled  to  registration. 

Sec.  2.  That  ten  days  prior  to  the  opening  of  said  office  the 
Registrar  of  Voters  shall  give  notice  by  piiblication  in  at  least  one 
newspaper  published  in  Algiers  of  the  time  when  and  the  place 
where  said  registration  office  will  be  opened. 

Sec.  3.  That  said  registration  office  shall  not  open  later  than 
6  o'clock  A.  M.  and  shall  not  close  earlier  than  7  o'clock  p.  M. 

•Sec.  4.  That    this   act  shall    take  effect  from    and    after  its 
passage. 
Regarding  Conduct  of  Elections— See  Elections. 


RENTS— See  Ground  Rents. 


RESTAURANTS — See  Barrooms  and  Restaurants. 


REVENUE — See  Licenses  and  Taxes. 


RICE    CHAFF. 

May  be  burned     ^^T.  2623.  That    I'ice    cliaff  may   be   burned    under 
condui^ons!"*"  boilers  provided  with  appliances  which  will  prevent  the 
c^s^"  ^°'  '^^''  formation  of  soot  or  other  deleterious  emissions  from 
Aug.  n,  >S93.  chimneys,  forming  a  nuisance  to  surrounding  property. 
Burning  pro-     ^^^T.  2624.  That  rice  chaff  will  not  be  allowed  to  be 
hibited.      ^^  burned  under  boilers   which   are  not  provided  with  a 
proper  appliance  and  spark  arrester  on  chimneys. 
Tobediscon-     Art.  2625.  That  in  the  event  of  the  appliances  used 
tinued.       j^  for  the  prevention  of  the  formation  of  soot,  etc.,  are 
not  successful,  the  burning  of  rice  chaff  will  be  discon- 
tinued until  such  appliances  are   adopted  as  will  fulfil 
the  requirements.     The  City  Council  and  City  Engineer 


from 
on  Levee 
between    Man- 


fcRICE   CHAFF.  989 

be  the  sole  judges  as  to  the  merits  or  demerits  of  all 
appliances  used. 

Art.  2626.  That  all  ordinances  or  parts  of  ordinances    Repealing 
in   conflict   with   the    provisions   of  the   foregoing  or- 
dinance be  and  the  same  are  hereby  repealed. 

Art.  2627.  That  permission  be  and  the  same  is  permission  to 
hereby  granted  to  the  various  rice  mills  located  in  this  ^ha™^ 
city  to  dump  their  rice  hulls  in  the  Mississippi  river deTfiie  and 
from  a  wharf  on  the  levee  between  Mandeville  and  '^rdf ?fo.  7883. 
Marigny  streets  ;  provided,  that  the  consent  of  wharf  ^^ug.  1,1893. 
lessees  will  first  have  been  obtained. 

Art.  2628.  That  for  the  purpose  of  accomplishing  the  Public  dump. 
work  recommended  by  the  Board  of  Engineers  as  a  tern- A.  s.' 
porary  protection  of  the  river  bank  in  the  Third  District 
below  Montegut  street,  and  to  strengthen  the  bulkhead 
built  by  the  wharf  lessee,  the  Administrator  of  Improve- 
ments is  hereby  authorized  to  establish  a  public  dump 
in  front  of  said  bulkhead,  wherein  all  offal,  manure, 
rice  chaff,  tin  cuttings,  tobacco  stems  and  other  refuse  or 
waste  matter  shall  be  deposited. 

Art.  2629.  That  whoever  shall  violate  the  provisions  Penalty. 
i  of  this  ordinance  shall  be  subject  to  fine  not  to  exceed  cs.' 
twenty-five  dollars,  or  imprisonment  in  the  parish 
prison  for  a  term  not  to  exceed  thirty  days,  or  both, 
or  imprisoned  in  the  said  parish  prison  for  a  term  not 
to  exceed  thirty  days  in  default  of  payment  of  the  fine, 
to  be  imposed  by  the  Recorder  of  the  district  wherein 
■  the  offence  is  committed ;  provided,  that  the  fine  shall 
not  exceed  twenty-five  dollars  for  each  offence,  nor  the 
imprisonment  for  more  than  thirty  days. 

Art.  2630.  That  it  shall  be  unlawful  for  any  rice  or    unlawful  to 
other  mill  to  burn  rice  chaff,  straw  or  other  similar  sub-  etc. 

.    ,   .         ,  .         ,.       .  Ord.  N0.4804, 

stances  withm  the  city  limits.  c.  s. 

Oct.  28,  1890. 

Any  violation  of  the  provision  of  this  ordinance  shall    Amended  by 
be  punishable  by  a  fine  of  not   more   than  twenty-five  c.  s'. 
dollars,  or  in  default  of  payment  to  imprisonment  for    Penalty. 
not  more  than  thirty  days,  or  both,  at  the  discretion  of 
the  Recorder. 

Art.  2631.  That  from  and  after  the  promulgation  of 
this  ordinance  it  shall  not  be  lawful  to  build,  maintain 


990  SALES   IN   SECOND-HAND   STORES. 

Rice  flumes,  or  Operate  any  rice  flumes  through  the  levees  of  the 

Ord.  No.  4394,  j.  «/  o 

c.  s.  Mississippi  river  within  the  parish  of  Orleans. 

Permit  revoked     "^^^^   ^^^  permits   heretofore   granted  on  the  subject 
^^-  matter  are  hereby  revoked.     That  it  shall  be  the  duty  of 
the  Commissioner  of  Public  Works  to  cause  all  owners 
of  rice  flumes  to  close  the  same  substantially  as  soon  as 
practicable, 
ei^le''^^''"^     That  all  ordinances  in  conflict  with  this  ordinance  be 
I  -and  the  same  are  hereby  repealed. 


RIGHT  OF  WAY— See  Railroads,  Streets. 


RIGHT  AND  LEFT  ROADWAYS— See  Streets. 
ROOFING  GUTTERS— See  Buildings. 


SALARIES  AND  WAGES— See  Employees,    Appro- 
priations, Labor. 

Acts  of  1869,  p.  65,  Xo.  65,  prohibits  garnishment  of  salaries,  etc. 


SAND — See  Batture  and  Lands  and  Levees. 


Complete 
lists  to   be  lur- 


SALES  IN  SECOND-HAND  STORES. 
Art.  2632.  That  from  and  after  the  passage  of  this 
tindinf  o^^Po-^^^^^^^^^^'  ^^  shall  be  compulsory  upon  the  owner  or 
''ord.  N0.6651  ^^^^^^'    their    agent   or    agents,   of  any  place  where 
^Aug  30  18  2  second-hand    goods    are    bought    and    sold,    to    ten- 
der to    the    Superintendent    of     Police     upon     every 
Monday,    between     the    hours    of    10     a.    m.    and    3 
p.    M.,    a  full    and    complete    list    of  any    article  or 
articles    sold    or    bought    by   them,     giving    to     the 
best  of  their  knowledge  and  belief  a  full  and  complete 


SLAUGHTERHOUSES . 


991 


Lega 
days. 


description  and  name  of  the  party  or  parties  selling  the 
article  or  articles  to  them,  whether  they  be  white  or 
black,  male  or  female. 

Art.  2633.  That  in  the  event  that  if  any  Monday  shall 
be  a  legal  holiday,  then  said  report  shall  be  made  on  the 
day  following,  between  the  same  hours. 

Art.  2634.  That  the   proper  blanks   for  the   report    Blanks, 
shall  be  furnished  at  the  office  of  the  Supoi-intendent  of 
Police  upon  application. 

Art.  2635.  That  it  shall  be  unlawful  for  any  owner    Minors. 
or  owners,  agent  or  agents,  of  any  second-hand  store, 
to  buy  any  article  or  articles  from  any  minor  or  minors 
under  the  age  of  sixteen  years. 

Art.  2636.  That  in  the  event  that  any  person  or  Arrests. 
persons  tender  for  sale  any  article  or  articles  to  the 
owner  or  owners,  agent  or  agents,  of  any  second-hand 
store,  and  they  having  good  reasons  to  believe  that  said 
article  or  articles  were  stolen,  it  shall  be  their  duty  to 
have  said  party  or  parties  immediately  arrested. 

Art.  2637.  That  any  person  or  persons  violating  any  Penalty 
of  the  provisions  of  this  ordinance  shall  be  liable  to  a 
fine  not  exceeding  twenty-five  dollars,  or  imprisonment 
in  the  parish  prison  not  exceeding  thirty  days,  at  the 
discretion  of  the  Recorder  of  the  district  in  which  the 
offence  shall  have  been  committed. 

Art.  2638.  That  all  ordinances  or  part  of  ordinances 
in  conflict  herewith  be  and  the  same  are  hereby  repealed. 


holi- 
lb. 


Re  p  e  a 

clause. 


ling 
lb. 


SALOONS — See  Barrooms  and  Restaurants. 


SLAUGHTERHOUSES. 
Art.  2639.  That  permission  be  and  is  hereby  granted    yj^th  and 
and  accorded  to  the  butchers  of  the  Sixth  and  Seventh  seventh  d  i  s  - 

tricts. 

Districts  to  erect  and  operate  a  slaughterhouse  on  the  ^^^'  ^°-  4<'3S, 
property  bounded  by  Cambronne,  Jefferson,  Ninth  and    Oct.  29,  issg. 
Tenth  streets  Seventh  District,  for  the  purpose  of  sup- 
plying meats  to  the  inhabitants  of  the  Sixth  and  Seventh 
Districts.  Said  privilege  to  be  for  a  period  of  ten  years. 


April  21, 1891 


992  SLAUGHTERHOUSES. 

with  privilege  of  renewal  for  ten  years  at  the  pleasure 
of  the  City  Council ;  provided,  the  same  be  built  in  ac- 
cordance with  plans  and  specifications  on  file  in  the  Sur- 
veyor's office,  and  carried  on  in  comformity  with  the 
rules  and  regulations  of  the  Board  of  Health  and  the 
ordinances  of  the  city  of  New  Orleans. 

NBiV  ORLEANS  ABATTOIR  COMPANY. 

Permission  to     Art.  2640.  That  pcrmission  is   hereby   granted  to  A. 

°o7d.No.^s"8o,  J.  Forstall,  Pierre  Lanaux,  J.  W.  Westerfield,  J.  Tris- 
Amended  by  coui,  their  hcirs  and  assigns,  for  the  term  of  fifty  years, 

c.  s.  *^  °^r^'^^  construct,  use,  maintain  and  operate  a  plant  for  the 
landing,  penning,  sheltering  and  slaughtering  of  all 
kind  of  live  stock;  to  construct,  use,  maintain  and 
operate  in  connection  with  the  above  a  plant  for  the 
manufacture  of  ice  and  other  cooling  and  refrigerating 
substances  with  a  view  of  keeping,  preserving,  refriger- 
ating or  freezing  the  carcasses  or  other  parts  of  the  vari- 
ous animals  slaughtered  in  said  above  mentioned  es- 
tablishment ;  and  to  sell  or  dispose  of  to  others  the  meats 
so  slaughtered  or  refrigerated  and  also  the  ice  and  other 
refrigerating  substances  which  may  be  in  excess  of  their 
consumption ;  and  generally  to  conduct  and  carry  on  a 
slaughtering  and  refrigerating  business  in  all  its 
branches,  storing,  importing  and  exporting  within  the 
area  comprised  between  the  Mississippi  river  and  St. 
Claude  street,  the  projected  line  of  "Caffin  avenue"  and 
Adams  street  in  the  Third  Municipal  District  of  this 
city. 

Art.  2641.  That  the  said  persons  or  corporation  shall 
execute  a  bond  with  one  or  more  good  and  solvent  sure- 
ties to  the  satisfaction  of  His  Honor,  the  Mayor,  in  favor 
of  the  city  of  New  Orleans  in  the  sum  of  twenty  thou- 
sand ($20,000)  dollars,  conditioned  that  the  said  per- 
sons or  corporation  shall  not  at  anytime  sell,  transfer 
or  dispose  of  this  franchise  to  any  persons  or  corpora- 
tion except  for  the  purpose  of  organizing  a  company  or 
corporation  to  carry  into  effect  this  resolution,  and  in 
any  case  of  sale,   disposition  or  transfer  for  any  other 


J 


SLAUGHTERHOUSES.  993 

purpose  this  resolution  shall  become  null  and  void,  and 
shall  be  of  no  force  or  effect, 

Art.  2642.  That  there  shall  be  appointed  by  the  Board  inspector.  ^^ 
of  Health  and  confirmed  by  the  City  Council,  a  special 
inspector  who  shall  be  a  veterinary  surgeon,  or  a  person 
skilled  in  the  knowledge  of  the  diseases  of  cattle,  whose 
duty  it  shall  be  to  inspect  the  carcasses  and  interior 
organs  of  all  animals  intended  for  food,  and  who  shall 
have  power  to  destroy  and  throw  away  any  diseased  or 
unhealthy  meat  unfit  for  food ;  that  the  Board  of  Health, 
with  the  concurrent  approval  of  the  City  Council,  or 
either,  shall  have  the  right  to  remove  said  inspector 
for  cause ;  that  said  inspector  shall  receive  a  salary  to 
be  fixed  by  the  City  Council,  and  which  shall  not  exceed 
the  sum  of  one  hundred  dollars  per  month,  to  be  paid 
monthly  through  the  Treasurer  of  the  city  by  the  per- 
sons or  corporation  availing  themselves  of  the  privileges 
of  this  ordinance.  It  being  well  understood  that  this 
shall  in  no  manner  dispense  with  the  inspection  now 
provided  by  law. 

Art.  2643.  That  all  pens,  slaughterhouses,  refrigera-  construction, 
tors  constructed  and  operated  under  this  ordinance  shall 
be  constructed  upon  plans  and  specifications  approved 
by  the  City  Council  and  the  Board  of  Health,  and  shall 
be  supplied  with  all  modern  conveniences  necessary  to 
carry  on  the  business  contemplated,  and  to  remove  daily 
according  to  law  all  the  offal,  droppings  and  blood  from 
slaughtered  animals. 

Art.  2644.  That  there  shall  not  be  allowed  within  a  ,  ^o''^  y^''^^, 

etc. 

radius  of  two  thousand  feet  of  said  slaughterhouses  and  ^^^ 

refrigerators    any    establishment    for   rendering    dead 
animals,  or  those  known  as  boneyards. 

Art.  2645.  That  all  ordinances  or  parts  of  ordinances  Repealing  cer- 
in  conflict  with  the  provisions  of  this  ordinance,   and  nances. 
especially  -'  Ordinance  No.  7336,  A.  8.,  entitled  an  ordi- 
nance designating  the  places  of  slaughtering  animals, 
intended  for  food  in  the  parish  of  Orleans,  under  Article 
248  of  the  Constitution." 

And  Ordinance  No.  1409,  C.  S.,  entitled  ''an 
ordinance  regulating  the  slaughtering  of  animals 
within  the  limits  of  the  city  of  New  Orleans, 


994  SLAUGHTERHOUSES. 

*'  And  providing  for  the  designation  of  the  places 
for  slaughtering  the  same,"  and  repealing  all  pro- 
visions of  Ordinance  No.  7376,  A.  S.,  adopted  October 
13,  1881,  and  Ordinance  No.  7437,  A.  S.,  adopted 
November  18,  1881,  designating  the  territorial  limits 
within  which  slaughtering  could  be  done  within  the  city 
of  New  Orleans. 

And  Ordinance  No.  2709,  C.  S.,  granting  per- 
mission to  Louis  Barthet  to  reopen  and  operate  a 
slaughterhouse  under  certain  conditions  within  the  city 
of  New  Orleans. 

And  Ordinance  No.  2911,  C.  S.,  granting  per 
mission  to  any  person  or  persons,  etc.,  to  erect 
slaughterhouses  within  certain  limits. 

And  Ordinance  No.  3710,  granting  permission 
to  the  New  Orleans  Slaughterhouse  and  Live  Stock 
Company,  Limited,  to  erect  and  operate  a  slaugh- 
terhouse under  certain  conditions  and  restrictions,  be 
and  the  same  are  hereby  repealed,  except  in  so  far  as 
this  may  affect  any  and  all  slaughterhouses  now  operated 
in  this  city  under  any  ordinance,  resolution  or  State  law. 

people's  slaughterhouse  and  refrigerating  company. 
Permission.        Art.  2646.  (1)  That  the  People's  Slaughterhouse  and 
c.  s.  '  Refrigerating  Company  of  New  Orleans  are   given   au- 

thority and  the  right  to  erect,  construct  and  maintain 
a  wharf  along  the  front  of  the  property  owned  by  said 
company  in  the  Third  Municipal  District  of  the  city  of 
New  Orleans,  upon  which  they  propose  to  establish  an 
abattoir  or  slaughterhouse ;  said  wharf  to  extend  from 
the  levee  into  the  river  sufficient  distance  to  permit  the 
landing  and  discharge  of  vessels  necessary  for  the  con- 
duct and  carrying  on  of  their  business ;  said  wharf  to  be 
constructed  of  material  and  upon  plans  to  be  approved 
by  the  City  Surveyor  The  said  wharf  to  be  constructed  . 
and  maintained  in  safe  condition  by  the  said  People's 
Slaughterhouse  and  Refrigerating  Company,  and  to  be 
repaired,  if  required,  at  any  time  upon  notice  from  the 
City  Surveyor. 


SLAUGHTERHOUSES.  995 

Art.  2647.    (2)    That  the   said   People's  Slaughter-    Bridge  across 

^     '  y-w    1  1       '^'  P^t^'s  street 

house   and   Refriereratiner  Company  of  New  Orleans   be  ib. 

'^  "  1         ^  Amended    by 

authorized  to  erect  and  maintain  a  bridge  extending  Ord.  No.  6184, 
from  the  crown  of  the  levee  in  front  of  their  premises  Mar.  29,  1892, 
over  and  across  North  Peters  street  to  their  said  prem- 
ises. The  said  bridge  to  be  constructed  of  material  and 
upon  plans  and  specifications  to  be  approved  b}^  the 
City  Surveyor,  who  shall  have  authority  to  determine 
the  height  of  such  bridge  or  way  above  the  roadway  on 
North  Peters  street,  the  character  and  location  of  any 
supports  that  may  be  necessary  for  such  bridge  or  way, 
the  width  of  the  bridge  not  to  exceed  34  feet,  and  to 
be  so  constructed  and  maintained  as  not  to  obstruct  the 
free  use  of  North  Peters  street  as  a  highway  or  to  inter- 
fere with  the  free  passage  of  vehicles  and  travel  on  said 
street. 

Pipes. 

Art.  2648.  (3)  That  the  said  People's  Slaughterhouse  c.%''^-^°'^"'' 
and  Refrigerating  Company,  of  New  Orleans,  are  given 
license  and  authority  to  erect,  lay  and  maintain  pipes  or 
mains  extending  from  their  premises  across  North 
Peters  street  to  the  Mississippi  river,  adequate  in  size  to 
furnish  an  adequate  supply  of  water  for  the  purposes  of 
the  abattoir  or  slaughterhouse  on  said  premises,  and  also 
for  the  discharge  of  all  water  that  it  may  be  necessary 
to  discharge  from  said  premises  for  drainage  or  other 
purposes.  The  said  pipes  to  be  laid  at  such  depth  under 
the  surface  of  North  Peters  street,  at  the  point  of  cross- 
ing, as  shall  be  determined  by  the  City  Surveyor,  pro- 
vided that  said  pipes  shall  not  pass  through  the  levee, 
but  shall  pass  over  the  crown  of  the  levee  without  cutting 
the  levee;  and  provided  further,  that  the  said  People's 
Slaughterhouse  and  Refrigerating  Company  shall  re- 
store North  Peters  street  to  the  same  condition  as  it  was 
before  the  excavation  tor  laying  said  pipes  was  made, 
and  shall  obtain  the  consent  and  permission  to  lay  said 
pipes  over  the  levee  from  the  Board  of  Levee  Commis- 
sioners having  charge  of  levee  and  drainage  for  the  par- 
ish of  Orleans  and  the  city  of  New  Orleans. 

Art.  2649.  (4)  That  this  ordinance  shall  take  eft'ect    Take  effect, 
from  and  after  its  passage  and  promulgation,  and  shall 


996  SLAUGHTERHOUSES, 

continue  in  force  while  the  said  premises  are  used  as  an 
abattoir  or  slaughterhouse. 
Simon   oes-      Art,    2650.    That    permission  be  and  the    same   is 
^o^d.  No.  7494,  hereby  granted  Simon  Oestarly  to  maintain  and  operate 
Apr.  2s,  189?.  a   slaughterhouse   on   the   square   bounded    by   Green, 
Seventh,   Burdette  and   Washington    streets,    Seventh 
District,  of  New  Orleans ;  provided  that  no  killing  be 
allowed  except  for  the  consumption  of  said  district,  and 
all  rules  and  regulations  relative  to   the  sanitary  condi- 
tion of  slaughterhouses  be  complied  with.     This   privi- 
lege revocable  at  the  pleasure  of  the  Council. 

Decisions. 

Article  248  of  the  Constitution  delegates  to  the  city  of  New 
Orleans  complete  and  exclusive  police  power  inherent  in  the 
sovereign  over  the  whole  subject  of  slaughtering  animals  within 
the  corporate  limits,  subject  to  no  limitations  except  that  imposed 
by  the  terms  of  the  articles  itself. 

The  decision  of  the  United  States  Supreme  Court  in  the 
slaughterhouse  cases  shows  that  this  police  power  is  more  than 
ample  to  cover  the  ordinances  assailed  in  this  case. 

The  limitations  imposed  on  the  power  by  Art.  248  are  three, 
viz.:  1.  That  no  monopoly  or  exclusive  privilege  shall  be 
granted.  2.  That  the  business  shall  not  be  restricted  to  the  lands 
and  houses  of  any  individual  or  corporation.  3.  That  the  city's 
action  must  receive  the  approval  of  the  Board  of  Health. 

Xothing  in  these  ordinances  make  the  grant  to  defendant 
monopolous  or  exclusive,  or  restricts  the  business  to  their  lands 
or  houses.  The  city  retains  the  perfect  right  to  permit  other 
slaughterhouses  within  the  limits  designated  or  elsewhere. 

The  unrestricted  right  to  all  persons  to  set  up  slaughter- 
houses within  the  limits  designated  would  aggravate,  rather  than 
relieve,  the  injuries  complained  of  by  these  plaintiffs. 

The  function  exercised  by  the  Board  of  Health  is  not  properly 
legislative.  The  board  can  not  pass  or  amend  the  ordinance.  It 
ean  only  say  whether  it  approves  or  disapproves. 

The  Constitution  fixes  no  time  or  mode  in  which  the  approval 
shall  be  made.  When  the  ordinance  and  the  approval  coexist, 
the  constitutional  requirement  is  satisfied.    44  An.  632. 


SMOKE   NUISA^'CE   AND   SPARK   ARRESTERS.  997 


SMOKE    NUISANCE    AND    SPARK    ARRESTERS. 

Art.  2651.  (1)  That  within  thirty  days  from  the  pass-    vessels,  tug 
age  of  this  ordinance,  all  harbor  tugboats  and  other  like  ^ord.'No!  422s. 
crafts,  and  all  vessels  or  steamships  using  donkey  en-    Amended  by 
gines  (where  the  smokestacks  of  the  donkey  engine  do  c.  s. 
not  enter  the  mainstacks  of  the  vessel)  plying  within 
the  city  limits  or  lying  at  the  wharves  or  levees,  and  all 
hoisting  engines  or  other  engines  using  forced   draft 
with  low  chimneys,  whether  on  shore  or  afloat ;  also  any 
donkey  engine  or  any  other  engine  near  or  contiguous 
to  wharves  where  there  is  cotton,  shall  have  spark  ar- 
resters attached  to  their  smokestacks  in  such  manner  as 
will  arrest  the  emission  of  sparks. 

Art.  2652.  (2)   That  within  thirty   days   from   the    Railroads, 
passage  of  this  ordinance  it  shall  be  unlawful  for  any    Dec.  g^issi/'' 
railroad  locomotive  to  run  within  the  limits  of  the  city 
of  New  Orleans  without  having  spark  arresters  attached 
to  the  smokestacks  thereof. 

Art.  2653.  (3)  That  after  the  promulgation  of  this    storing  cot 
ordinance  it   shall  be  unlawful   for  any  person,  indi-  ib. 

vidually  or  representing  any  other  person  or  company 
or  corporation,  to  store  cotton  or  other  inflammable  or 
combustible  articles  within  fifty  (50)  feet  of  the  rail- 
road tracks  on  the  levee  or  open  yards. 

Art.  2654.  (4)  That  whoever  violates  the  provisions    penaitv. 
of  this  ordinance  shall  be  fined  a  sum  not  less  than  five  ^^' 

nor  more  than  fifteen  dollars  for  each  and  every  offence, 
or  be  imprisoned  not  exceeding  five  days. 

Art.  2655.  (5)  That  the  Recorders  of  the  Municipal 
Police  Courts  shall  have  jurisdiction  to  hear  and  enter- 
tain all  violations  of  this  ordinance  occurring  in  their 
respective  jurisdictions. 

Art.  2656.  (6)  That  all  ordinances  or  parts  of  ordi-    Repealing 
nances  in  conflict  with  the  provisions  of  this  ordinance  ^'*"®**- 
be  and  the  same  are  hereby  repealed,  and  that  this  ordi- 
nance take  effect  from  and  after  its  passage. 

Art.  2657.  That  the  electric  light  companies 
having  contracts  with  the  city  or  other  parties  for  light- 


Recorders. 

lb. 


998  STABLES   AND   DAIRIES. 

,„?.';^f'Vi="s^*'Mng  the  wharves,  levees  and  streets  where  cotton  or  other 

companies.  »  ' 

^ord.  No.  2679,  merchandise  may  be  stored  or  handled  be  required  to 
use  such  protectors,  in  the  shape  of  baskets,  as  may  ar- 


rest the  fall  of  sparks  and  carbon  from  such  light 


Penalty.  Art.    2658.    Any    violation    of     the    provisions    of 

c. s."  '  'this  resolution  shall  subject  the  offender  to  a  fine 
of  not  more  than  twenty-five  dollars  or  in  default 
thereof  to  imprisonment  in  the  parish  prison  not  exceed- 
ing thirty  days,  to  be  imposed  by  the  Recorder  of  the 
district  in  which  the  offence  shall  be  committed,  and 
every  day  during  which  there  shall  be  a  failure  to  com- 
ply with  the  requirements  of  this  resolution  shall  be 
considered  and  taken  to  be  a  separate  offence  in  the 
party  so  failing,  and  punished  accordingly. 

Smoke  con-     Art.  2659.  That  no  person  or  persons  shall  use  bitu- 

suraers. 

ord.  No.  9S68,  mmous   coal   for  the   purpose  of   generating  steam  in 
Aug.  23, 1894.  boilers  in  any   building,  unless  the  furnace   in   which 
said  coal  is  burned  is  provided  with  some  effectual  de- 
vice for  consuming  its  own  smoke. 
Penalty.  Art.  2660.  That    any  violation  of  the  provisions  of 

■  this  ordinance  and  every  person  or  firm,  whether  owner, 
occupant,  tenant  or  contractor,  who  shall  violate  the 
provisions  of  this  ordinance  shall  be  liable  to  a  penalty 
of  not  less  than  five  dollars  nor  more  than  tw6nty-five 
dollars,  recoverable  before  any  court  of  competent  jur- 
isdiction, and  also  a  further  fine  of  twenty-five  dollars 
for  each  and  every  month,  he,  she  or  they  shall  refuse 
or  neglect  to  comply  with  a  written  notice  from  the 
Commissioner  of  Police  and  Public  Buildings,  and  in 
default  of  payment  of  said  fine  to  be  imprisoned  not 
less  than  ten  days  and  not  more  than  thirty  days  for 
each  offence. 


STABLES  AND  DAIRIES— See  Combustibles. 

Art.  2661.  That  it  shall  not  be  lawful  to  erect  within 
the  following  limits :  Lower  side  of  Lowerline  street,  from 
its  junction  with  the  Mississippi  river  to  Burthe  street : 
along  both  sides  of  Burthe  street,  through  the  Foucher 


STABLES   AND   DAIRIES.  999 

property,  to  St.  George  street ;  thence  along  the  lower  Limits, 
side  of  St.  George  street  to  Joseph  street;  thence  along c.s.'  °'*  ^°' 
both  sides  of  Joseph  street  to  St.  David  street ;  thence  Xmladidhi 
along  both  sides  of  St.  David  street  to  Upperline  street,  c.i'.-,  Sss^c' 
along  lower  side  of  Upperline  street,  between  St.  David 
and  Dryades ;  along  both  sides  of  Dryades  street,  be- 
tween Upperline  and  Felicity  streets ;  thence  along  lower 
side  of  Felicity,  between  Dryades  and  Liberty  streets ; 
along  both  sides  of  Liberty,  between  Felicity  and  the 
New  Canal ;  along  both  sides  of  the  New  Canal,  between 
Liberty  and  Galvez  streets ;  thence  along  the  lower  side 
of  Galvez  street,  between  the  New  Canal  and  Carondelet 
Canal ;  thence  along  both  sides  of  the  Carondelet  Canal, 
from  Galvez  to  Broad  streets ;  thence  along  the  lower 
side  of  Broad  street,  between  the  Carondelet  Canal  and 
Esplanade  street ;  thence  along  the  north  side  of  Es- 
planade street,  between  Broad  and  St.  Claude  streets ; 
thence  along  the  south  side  of  St.  Claude  street,  between 
Esplanade  and  Independence  streets ;  thence  along  the 
west  side  of  Independence  street,  between  St.  Claude 
street  to  the  Mississippi  river ;  thence  along  the  river  front 
from  Independence  street  to  Lowerline  street,  aforesaid, 
any  livery  stable,  or  to  convert  any  building  already 
erected  to  that  use,  or  to  erect  or  occupy  any  stable  or 
shed  for  the  purpose  of  keeping  more  than  two  cows. 

Art.  2662.  (2)  That  it  shall  not  be  lawful  to  erect  or  wuhin  limits 
use  a  stable  within  the  limits  of  the  city  of  New  Orleans 
within  five  feet  of  the  sidewalk  of  any  public  street, 
alley  or  road,  unless  the  line  of  the  stable  along  the 
street,  alley  or  road  be  a  brick  wall  without  openings 
thereon . 

Art.  2663.   (3)  That  it  shall   not   be  lawful  for  any  Permission  of 
person  or  persons  to  build,  or  convert  a  building  already   °""*^' '      ib. 
erected  to  that  purpose,  or  to  make  use  of  any  stable  for 
the   accommodation   of   more   than  two  horses   or  two 
cows  without  having   first  obtained  a  permission  from 
the  Council. 

Art.  2664.  (4)  That  all  slaughterhouses,  dairies,  sanitary  con- 
stables and  other  places  where  animals  are  kept  for  any  *  ib. 
purpose  whatever,  shall  be  kept  clean  and  wholesome  by 


lb. 


1000  STABLES   AND   DAIRIES. 

removal  of  all  ordure,  nrine  and  other  offensive  matters, 

and  by  suitable  cleansing  as  often  as  may  be  necessary, 

under  the  rules  and  regulations  established  by  the  Board 

of  Health. 

Penalty.  Art.  2665.  (5)  Any   person   committing   any  of  the 

'  offences,    or  violating  any   of  the  provisions   of    this 

ordinance  shall  be  fined  by  the  Recorder  of  the  district 

in  which  the  offence  is  committed  not  more  than  $25, 

and  if  the  fine  be  not  paid  he  shall  be  imprisoned  in  the 

parish  prison  for  a  term  not  exceeding  thirty  days. 

Additional     Art.  2666.  (6)  In  all  cases  in  this  ordinance  where  an 

offences,     jj^  ^^t  Or  omissiou  is  declared   unlawful,  its  continuance 

shall  be  deemed  an  additional  offence,   and  the  offender 

shall  be  subject  to  the  penalties  imposed  by  section  5  of 

this  ordinance  for  ever}'  day  he  shall  continue  to  violate 

the  provisions  of  this  ordinance. 

Duty  of  Com-     Art.  2667.  (7)  That  it  shall  be  the  duty  of  the  Com- 

Poii«and^Pub-  missioner  of  Police  and  Public  Buildings  and  the  police 

icBuii  injfs^^^^   report   and  denounce  and   arrest,   and   of  the  City 

Attorney  to  prosecute  any  and  all  persons  charged  with 

violations  of  this  ordinance. 

Repealing  cer-     Art.  2668.  (8)  That  Ordinance  3175,  O.  S.,   section  1 

nancies? '■'^''  (Jewell's  Digcst,  p.  91.  Art.  90),  Ordinance 6022,  A.  S., 

"section  9  (Jewell's  Digest,  p.  91,  Art.  93),  Ordinances 

3414  and  4359,  C.  S.,  as  well  as  all  other  ordinances  on 

the  same  subject  matter  as  this  ordinance,  are  repealed. 

Petition.  Art.    2669.  (9)  That  no  petition   for  permission   to 

c. s.''°'       'keep  horses  or  cows  will  be  considered   by  the  Council 

^'^'  ' "     *  unless  the   persons   applying  specially   state    in   their 

petition  whether  same  are  for  private  use  or   whether 

the  said  privilege  is  intended  for  the  business  of  livery 

stable  or  dairy. 

Privileges  re-      Art.  2670.  (10)  That  auy  privilege  already  granted 

lb.  to  any   person  to  keep  animals  for  their  personal  use 

that  is  being  used  in  other  manner  than  was  implied,  be 

and  the  same  are  hereby  repealed. 

Decisions. 

Ordinances    must   be    general   in   their  cliaracter  118  U. 
356,  551. 


SEWERAGE. 


1001 


An  ordinance  which  prohibits  dairies  within  certain  desio^nated 
limits,  and  gives  the  City  Council  the  authority  to  grant  permis- 
sion to  carry  them  on  within  the  prohibited  limits,  is  not  general 
in  its  operations  among  the  class  it  is  intended  to  affect  and  is 
therefore  null  and  void.  (Ord.  Nos.  3414  and  3175,  C.  S.)  43  An. 
496,  500. 

An  ordinance  of  the  Council  prohibiting  the  stabling  of  more 
than  two  horses,  excei)t  by  those  obtaining  permission  of  the 
Council,  is  unequal  in  its  operation,  and  hence  void,  because  re- 
pugnant to  the  Fourteenth  Amendment  of  the  Constitution  of 
the  United  States.    47  An.  106. 


SEAMEN— See  Vessels. 


SECURITY — See  Bonds  and  Securities. 


SEWERAGE. 

Art.    2671.    That  the  Mayor  be    and    he    is    hereby    Authority  to 

authorized   and  directed  to  enter  into  a  contract  with  ord.  no.  6142, 

c  s 
A.  A.  Woods  and  his  associates  for  the  establishment  of    Mar.  22, 1892. 

a  sewerage  system  in  the  city  of  New  Orleans,  which 
contract  shall  embrace  the  following  stipulations  and 
such  others  as  may  be  uecesssary  and  proper  to  carry 
them  into  effect;  said  contract  to  be  prepared  by  the 
City  Notary,  under  the  supervision  of  the  City  Attorney, 
and  submitted  to  this  Council  for  approval  before  signa- 
ture. 

Art.  2G72.  (1)  That  within  six  (6)  months  from  the  Transfer. 
passage  of  this  ordinance  the  said  A.  A.  Woods  and  his 
associates  will,  under  the  penalty  of  the  nullity  of  this 
grant  by  the  mere  lapse  of  time,  cause  the  same  to  be 
transferred  to  a  corporation,  organized  in  this  city  under 
the  provisions  of  Act  No.  125  of  1880,  which  corpora- 
tion shall  provide  in  its  charter  for  the  assumption  of 
this  grant,  on  such  terms  as  may  be  agreed  upon  by  it 
and  the  said  A.  A.  Woods  and  his  associates. 

Art.  2673.  (2)  Giving  the  said  A.  A.  Woods  and  his 

J     1  •  •  ^1  •-,  ^      ^  Rights,  etc. 

associates   and   his   assigns,  the  said  company  so  to  be  ib. 

organized,  the  right  for  fifty  years  from  the  date  of  the 


1002  SEWERAGE. 

execution  of  said  notarial  contract  to  lay  and  maintain 
sewers  and  drains  in  the  streets  and  tlirouo^h  the  public 
places  of  the  city  of  New  Orleans,  and  other  places 
hereinafter  named,  at  a  depth  in  said  streets  of  not  less 
than  four  feet ;  the  house  branches  to  be  nowhere  less 
than  two  feet  below  the  surface,  and  proper  house 
branches  to  be  furnished  in  connection  with  each  main 
sewer  pipe  in  any  street  to  the  inside  banquette  line  of 
each  inhabited  house,  or  through  alleyways  or  other 
passages,  to  the  rear  lines  of  property,  and  also  to  a 
point  within  .  premises  where  a  house  now  exists,  and 
connections  may  be  made  as  hereinafter  provided. 

Sewer  pipes.  Art.  2674.  The  sewer  pipes  so  laid  to  be  water-tight, 
and  adapted  to  receive  the  fecal  matter,  household 
waste,  slops,  drainage  from  urinals,  bath  tubs  and  the 
like,  but  not  storm  water,  which  is  intended  to  pass  off, 
as  now,  by  gutters  and   canals ;    and  each  sewer  to  be 

Construction,  fumishcd  at  the  head  with  an  automatic  flush  tank ;  the 
system  to  be  substantially  similar  to  that  which  has  been 
adopted  and  put  in  operation  in  Memphis,  Tennessee, 
except  so  far  as  may  be  modified  by  mutual  consent. 

Streets  and     Art.  2675.  The  said  A.  A.  Woods  and  his  associates, 

anque  es.  ^^  ^^^^  ^^^  assigus  the  compauy  so  to  be  organized,  shall  be 
bound  to  keep  its  street  sewer  pipes  in  good  order 
and  free  from  obstructions,  and  shall  be  bound  to 
restore  the  streets  and  banquettes  after  laying  or  re- 
pairing pipes  to  their  previous  condition  within  a 
reasonable  time ;  and  their  neglect  or  refusal  to  do  so 
after  a  notice  from  the  Department  of  Improvements 
shall  subject  them  to  apenalt}^  of  twenty-five  ($25)  dol- 
lars for  each  day  and  each  place,  after  notice  given,  to 
be  recovered  as  liquidated  damages  before  any  competent 
court.  If  such  work  or  restoration  be  not  commenced 
within  twenty-four  hours  after  notification  from  the 
Department  of  Public  Works,  the  said  work  may  be 
done  by  said  department  at  the  expense  of  the  company, 
and  further  authorizing  and  requiring  said  company  to 
lay  in  connection  with  said  system  of  water-tight  sewer 
pipes,  a  system  of  porous  drainage  tile  pipes,  such  as  are 
used  for  agricultural  under-draining,  for  the  purpose  of 


SEWERAGE.  1003 

under-draining  the  soil  of  streets  and  removing  there- 
from the  subsoil  water,  said  drain  tile  pipes  to  be  laid 
only  in  public  places,  and  not  on  private  premises, 
except  at  the  request  of  and  cost  of  the  property  holder 
for  connections  from  his  premises  with  said  tile  pipes. 

Art.  2676.  (3)  Providing  that  all  sewerage  pipes  and  Discharges, 
.subsoil  drainage  tiles  shall  terminate  at  some  point  or 
points  to  be  hereafter  located  and  agreed  upon,  into  a 
receptacle  or  receptacles,  in  such  a  way  as  to  give  the 
same  facilities  of  discharge  as  would  exist  if  they  dis- 
charged into  a  natural  low  outlet,  the  same  to  be 
pumped  into  the  Mississippi  river  below  low  water 
mark;  the  said  receptacle  or  receptacles  to  be  kept 
pumped  down  to  a  proper  low  level. 

Art.  2677.  (4)  Providing,  that  the  said  A.  A.  Woods    Pubiic  buiid 
and  his  associates  or  his  assigns,  the  said  company  soto*"^' 
be  organized,  shall  receive  into  their  said  sewerage  pipes, 
free   of   charge,    the   sewerage  matter   from   all  public 
buildings   owned  by  the  city  and   all  charitable   institu- 

Itions  that  are  not  self-sustaining,  provided  that  said 
buildings  are  situated  on  the  streets  in  which  said  sewer- 
age pipes  shall  be  laid,  in  accordance  with  the  pro- 
visions hereinafter  set  forth,  and  proper  service  pipes 
furnished  by  the  city  or  other  owners  of  such  property. 
Art.  2678.  (5)  Providing,  that  the  said  company,  so 
t( 


etc. 


o  be  organized,  shall   begin  its  operations  in  the  terri-mentalid  com' 
tory  bounded  by  Louisiana  avenue  on  the  upper  side,  by  ^  ^*'°"'       ib, 


Enghien  street  on  the  lower  side,  by  Claiborne  street 
from  Enghien  street  to  the  New  Canal,  by  Rampart  street 
from  the  New  Canal  to  Washington  avenue,  and  thence 
by  Baronne  on  the  west  side,  and  by  the  Mississippi 
river  on  the  east  side  ;  that  it  shall  commence  its  surveys 
within  six  months  after  the  organization  of  said  com- 
pany, and  shall  complete  at  least  one-fifth  of  its  work  in 
said  territory  in  each  year  thereafter  for  five  years,  pro- 
vided that  no  period  during  which  said  company  shall 
be  prevented  from  carrying  on  its  operations  by  injunc- 
tion, overflow,  order  of  the  Board  of  Health,  or  epi- 
demic, shall  be  calculated  as  a  portion  of  said  period. 
Art.  2679.  (6)  Providing,  that  in  consideration  of  the 


1004  SEWERAGE. 

Not  to  adopt  laying:  of  the  said  porous  drainage  tile  sewerage   jiipes, 
tern.  and  the   extension  of  sewerage  facilities  to  said   public 

'  buildings  free  of  charge,  and  in  consideration  of  the  pub- 
lic health  and  convenience  and  the  great  expense  which 
will  be  incurred,  and  the  risk  taken  in  the  building  of 
said  system,  and  in  consideration  of  the  right  vested  by 
this  agreement  in  the  city  to  purchase  the  said  works, 
the  city  of  New  Orleans  binds  itself  not  to  adopt  any 
other  system  of  sewerage  during  the  existence  of  this 
grant  in  the  territory  above  named,  and  that  the  city 
will  at  all  times,  by  a  proper  exercise  of  its  police  pow- 
prlperty.°  ^ ^ '^ '  ers  and  other  powers,  protect  the  pipes  and  other  prop- 
erty of  the  company  from  destruction  and  injury,  and 
will,  by  every  lawful  means,  promote  and  enforce  the 
adoption  and  proper  use  of  the  system  herein  provided, 
and  will  at  all  times,  during  the  term  of  said  contract, 
provide  and  enforce  the  provisions  and  prohibitions  con- 
tained in  the  second  section  of  this  ordinance,  or  their 
equivalent,  with  diligence  and  good  faith. 
Extensions.  Art.  2680.  (7)  The  said  company,  so  to  be  organized, 
'  shall,  after  the  completion  of  its  works  in  the  said  ter- 
ritory, extend  the  same  at  the  same  annual  ratio 
in  the  other  parts  of  the  city  on  the  left  bank  of 
the  river,  wherever  the  inhabited  houses  are  not 
more  than  fifty  feet  apart,  but  it  shall  not  be  com- 
pelled to  pass  an  interval  of  more  than  fifty  feet  on 
either  side  of  the  street  to  drain  a  closely  built  area  be- 
yond; and  the  said  companv  so  to  be  organized  may, 
at  its  option,  extend  its  lines  anywhere  within  the  pres- 
ent limits  of  the  city.  It  shall  not  be  compelled  to 
accept  or  to  furnish  an  outlet  for  any  drain  or  sewer 
not  of  its  own  construction,  nor  unless  the  fixtures 
used  in  the  houses  shall  have  been  approved -by  it,  its 
approval,  or  refusal  to  approve,  being  subject  to  the 
sanction  of  the  State  Board  of  Health,  whose  decision 
shall  be  final,  as  to  safe  and  proper  construction ;  nor 
to  accept  any  connection  with  any  property  until  its 
owner  shall  have  executed  the  contract  contemplatecJ 
by  section  2  of  Act  No.  125  of  1880,  providing  for  se- 
curing the  proper  compensation  to  the  company  by  priv- 
ilege and  servitude. 


SEWERAGE.  1005 

Art.  2681.  (8)  Providing  that  the  said  company,  so    charges. 


to  be  organized,  shall  not  charge  for  the  facilities  fur- 
nished to  any  house  for  sewerage  in  excess  of  the  fol- 
lowing sums : 

For  dwelling  houses  not  exceeding  four  rooms,  for  all 
connections,  per  mouth,  85  cents. 

For  dwelling  houses  having  five  or  more  rooms,  but 
not  exceeding  eight  rooms,  for  all  connections,  per 
month,  $1.20. 

For  dwelling  houses  having  nine  or  more  rooms,  but 
not  exceeding  thirteen  rooms,  for  all  connections,  per 
month,  $1.60. 

For  dwelling  houses  having  fourteen  or  more  rooms, 
but  not  more  than  sixteen  rooms,  for  all  connections, 
per  month,  $1.85. 

For  dwelling  houses  having  seventeen  or  more  rooms, 
but  not  more  than  twenty  rooms,  per  month,  $2. 

For  store  and  office  buildings  of  four  or  more  stories, 
for  all  water  closet  connections,  per  month,  $1.  For 
each  additional  connection,  30  cents. 

For  store  and  office  buildings  of  three  stories,  for  all 
water  connections,  per  month,  85  cents.  For  each  addi- 
tional connection,  30  cents. 

For  store  and  office  buildings  of  two  stories,  for  all 
water  closet  connections,  per  month,  70  cents.  For  each 
additional  connection,  30  cents. 

For  store  and  office  buildings  of  one  story,  for  all 
water  connections,  per  month,  50  cents.  For  each  addi- 
tional connection,  25  cents. 

Stores  not  exceeding  two  stories  in  height,  occupied 
by  the  family  of  the  dealer,  may  be  considered  as  dwell- 
ing houses. 

Stores  and  office  buildings  having  more  than  thirty 
feet  front,  or  more  than  one  hundred  and  twenty  feet 
depth,  may  be  charged   sums  proportionately  greater. 

Houses  exceeding  twenty  rooms,  hotels,  factories, 
stables,  warehouses,  cotton  presses  and  similar  build- 
ings to  be  charged  pro  rata  rates  to  be  fixed  by  agree- 
ment, and  in  case  of  dispute,  by  arbitration.  These 
rates  are  to  be  due  and  payable  in  advance  for  each 
calendar  month. 


lb. 


1006  SEWERAGE. 

Connections.  If  payment  thereof  be  made  on  or  before  the  last  day 
of  the  month,  for  which  so  due,  the  company  to  grant  a 
discount  or  rebate  of  not  less  than  twenty  per  centum, 
and  for  the  balance  give  a  receipt  in  full.  If  the  dues 
are  paid  annually  in  advance  the  discount  shall  be  thirty 
per  centum.  Whenever  the  said  company  shall  lay  its 
s  sewer  pipes  at  its  expense,  from  the  inside  banquette 

line  to  the  place  within  the  premises  where  the  house 
connections  are  received,  the  proprietor  may  pay  for  the 
same  the  actual  cost,  either  at  once  or  in  such  instal- 
ments as  may  be  agreed  on,  or  in  lieu  of  such  payment, 
eight  per  cent,  per  annum  on  the  cost  of  such  pipes  and 
drains  may  be  added  by  the  company  to  the  charges  for 
furnishing  sewerage  and  drainage  facilities  to  the  build- 
ing as  hereinbefore  or  hereinafter  fixed. 
Dweiiings.^^  Said  company  shall  further  agree  in  the  said  contract 
to  make  an  annual  rate  for  dwelling  houses,  which,  if 
paid  strictly  in  advance  at  the  office  of  the  company, 
shall  not  exceed,  exclusive  of  such  charges  and  instal- 
ments, or  percentage  for  service  pipes,  the  following 
sums: 

For  dwelling  houses  not  exceeding  four  rooms,  for  all 
connections  of  every  kind,  per  annum,  in  advance,  six 
dollars. 

For  dwelling  houses  having  five  or  more,  but  not  ex- 
ceeding eight  rooms,  for  all  connections  of  every  kind, 
in  advance,  nine  dollars. 

For  dwelling  houses  having  nine  or  more,  but  not 
exceeding  thirteen  rooms,  for  all  connections  of  every 
kind,  per  annum,  in  advance,  thirteen  dollars. 

For  dwelling  houses  having  fourteen  rooms  or  more, 
but  not  exceeding  sixteen  rooms,  for  all  connections 
of  every  kind,  per  annum,  in  advance,  sixteen  dollars. 

For  dwelling  houses  having  seventeen  rooms  or  more, 
but  not  exceeding  twenty  rooms,  for  all  connections, 
per  annum  in  advance,  seventeen  dollars. 

But  said  company  shall  not  be  required  to  receive  intoj 
its  pipes  or  drains  any  storm  water  or  surface  water, 

Said  rates  shall  be  payable  in  all  cases  by  the  ownej 
of  the  property  in  the  absence  of  agreement  to  the  coi 


SEWERAGE.  1007 

trarv  between  the  owner  and  tenant,  but  the  owner  shall,    Owner  re- 

"  „  .11  sponsible. 

in  case  of  any  agreement  with  the  tenant  as  to  the  pay-  ib. 

ment  of  the  said  rates,  be  primarily  responsible  to  the 
company  for  said  payment. 

Art.  2682.  (9)  The  city  to  have  the  privilege  at  any    Right  of  city 
time,  after  twenty  years  from  the  execution  of  this  con-  ib. 

tract,  to  buy  the  whole  of  the  company's  works  and 
plant  for  cash,  or  its  equivalent,  at  the  cost  of  said 
works,  plus  the  addition  of  twenty-five  per  cent,  to  said 
cost ;  and,  in  case  the  city  shall  at  any  time  violate  par- 
agraph sixth  of  this  section,  she  shall  as  liquidated 
damages  for  such  violation  be  compelled  to  buy  said 
works  and  plant  at  said  agreed  price. 

Art.  2683.  (10)  The    said  company  shall,  before  it    Bond, 
begins  operations  under  this  grant,  give  a  bond  in  the 
penal  sum  of  fifty  thousand  dollars,  conditioned  as  the 
law  directs,  for  the  faithful  performance  of  the  work 
called  for  by  this  grant. 

Art.  2684.  (11)  That  all  separate  sewerage   services    separate  ex- 
now  in  existence  in  the   city   of  New   Orleans   shall  be  i^o  "ife  ^ducon^ 
discontinued,  and  connection  made  from   the   premises  *'""^'^-       ^^ 
where  they  are  now  established   with  the  system  hereby 
established,    as    soon   as   the  same  is  completed,  in  the 
street  or  streets  in  or  near  which  such  drains  exist. 

Art.  2685.  (12)  That  all  excavations  to  be  made  by  Excavations, 
said  company,  so  to  be  organized,  shall  be  with  the  ap- 
proval as  to  time  by  the  State  Board  of  Health,  and 
that  all  controversies  between  the  Gas  and  Waterworks 
Company  and  said  company  so  to  be  organized  relative 
to  the  location  and  arrangement  of  their  various  pipes 
in  the  streets  shall  be  sub;)ect  to  the  control  of  the  City 
Engineer,  who  shall  in  all  such  cases  direct  what 
changes  and  modifications  each  company  shall  submit  to ; 
and  each  company  shall  conform  its  pipes  and  mains  to 
the  directions  laid  down  by  the  City  Engineer  at  its 
own  cost  and  expense. 

Art.  2686.    (2)    That    the    following  police    regula-    PoUce  regn- 
tions  for  the  purpose  of  promoting  the  health,  comfort '''''°"^'       ib. 
and  convenience  of  the  inhabitants  of  the  city  of  New 
Orleans  with  respect  to  the  works  of  said  company,  so 


Unlawful  t  < 
use  other  sys 
tem,  when. 

lb 


1008  SEWERAGE. 

to  be  organized,  and  the  system  of  sewerage  to  be  con- 
structed  by   it,    which   said   system  is  hereby  adopted, 
and  to  protect  and  enforce  said  system,  are  hereby   en- 
acted and  established : 
obsYrua''ir\n°      1'  It  shall  bc  unlawful  for  any  person  to  obstruct  or 
jure  P'pes,  etc.  —  jjj.g  ^j^^  pipcs,  draius,  works  or  machinery  of  the  said 
company. 
Unlawful  to      2.  It  shall  be   unlawful   for   any   person  to   drop  or 

drop   or    throw  .  . 

substances  i  n  throw   luto   any   smk,   water  closet,  bath  tub,  vessel  or 

pipes,  etc.  ^       .  *,         •   i        ,  .  »         • 

lb.  drain  connected  with  the  pipes  of  said  company  any 
substances  which  may  obstruct  or  injure  the  same,  or  to 
use  the  said  pipes  to  carry  off  storm  water  or  any  natural 
surface  drainage. 

3.  Whenever  in  any  street  or  part  of  a  street  in  said 
city  the  said  company  shall  have  laid  its  said  sewer  pipe, 
and  shall  be  ready  to  receive  therein  sewerage  matter 
from  the  houses  and  public  buildings  on  said  street  or 
part  of  a  street,  and  to  remove  the  same  according  to 
the  system  provided  in  this  ordinance,  and  notice  there- 
of shall  have  been  given  to  the  occupant  of  said  build- 
ing, or  by  advertisement  in  the  official  journal  of  the 
city,  then  and  from  thenceforth  it  shall  be  unlawful  for 
any  privy,  water  closet,  slop  sink,  slop  drain,  urinal,  or 
any  other  similar  receptacle  for  sewerage  matter  or  slops 
of  any  kind  to  be  maintained  on  said  premises  except  in 
connection  with  said  sewerage  pipes  of  the  said  system 
of  sewerage  hereby  adopted  during  the  said  term  of  fifty 
years.  Such  connections  shall  be  made  without  delay ; 
and  all  vaults,  sinks,  cesspools,  drains  and  similar  re- 
ceptacles theretofore  existing,  shall  be  properly  emptied, 
disinfected  and  filled  up  with  dry  earth,  river  sand  or 
similar  substance,  in  such  manner  as  [the  public  health 
may  require. 
Unlawful  t  o  And  whcu  in  any  street  said  sewerage  facilities  shall 
pr  VI  s.^^  jjaye  been  provided  as  aforesaid  by  said  company,  it 
shall  be  unlawful  from  thenceforth  to  build  any  privy 
vault  on  any  property  abutting  on  such  street,  or  to  let 
or  occupy  any  house  on  said  street  without  proper  water 
closet  and  slop  sink  arrangement  for  connection  with 
said  sewers ;  or  to   build   on   said  street  any  house  or 


d 


SEWERAGE.  100^' 

building  without  proper  water  closet  and  slop  sink  ar- 
rangements, and  service  pipes  for  connection  with  such 
sewers,  during  the  term  for  which  said  system  is  hereby 
adopted. 

Art.  2G87.  And  any  person  committing  any  of  thep^j^^j^ 
offences,  or  violating  any  of  the  provisions  of  this 
section,  whether  owner,  agent  of  absent  owner,  lessee 
or  other  person,  shall  be  fined  in  a  sum  not  less  than 
five  nor  more  than  twenty-five  dollars ;  and  if  the  said 
fine  be  not  paid,  shall  be  imprisoned  for  not  less  than 
five  nor  more  than  thirty  days. 

Art.  2688.  And  each  persistence  in  the  violation  of    ^ 

'^  Separate  of- 

the  provisions  of  the  third  paragraph  of  this  section,  fences, 
for  the  space  of  twenty-four  hours  after  notice,  shall 
constitute  a  separate  offence  and  violation  of  this  or- 
dinance, and  shall  be  punished  by  another  similar  fine 
and  imprisonment,  and  no  punishment  for  one  violation 
of  this  ordinance  shall  bar  or  prevent  prosecution  for 
another  violation  as  herein  defined. 

Art.  2689.    (3)    That    all  ordinances   and   parts   of 
ordinances  in  conflict  with  the  provisions  of  this  ordi-cii^le^^*''"^ 
nance  be  and  the  same  are  hereby  repealed.  ^^' 

Whereas,  A.  A.  Woods  and  his  associates,  grantees 
and  contractors,  under  Ordinance  No.  6142,  C.  S.,  have, 
as  provided  in  said  ordinance  and  said  contract,  organ- 
ized a  company  known  as  the  New  Orleans  Sewerage 
Company,  for  the  purpose  of  constructing  and  main- 
taining a  system  of  sewerage  for  the  city  of  New  Orleans, 
under  said  ordinance,  of  the  organization  of  which 
company  notice  has  been  formally  given  to  this  Council, 
and. 

Whereas,  Said  New  Orleans  Sewerage  Company  has 
prepared  and  presented  to  this  Council  plans  and 
specifications  for  the  construction  of  a  system  of  sewerage 
for  the  said  city  of  New  Orleans,  substantially  in  com- 
pliance with  the  provisions  of  said  ordinance,  but  con- 
taining some  modifications  and  departures  as  detailed  in 
said  plans  and  specifications,  from  the  exact  language  of 
said  ordinance  and  the  contract  thereunder  made  before 
J.  D.  Taylor,  notary  public,  on  the  19th  day  of  Sep- 
tember, 1892. 


1010  SEWERAGE. 

Whereas,  The  said  plans  and  specifications  have  been 
heretofore  presented  to  the  Louisiana  State  Board 
of  Health  and  have  received  the  full  approval  of  the 
said  Board ; 

pi^n^  and  Ipl     '^^^-  ^^^^ '  ( ^  )  ^liat  the  general  system  of  sewerage  set 
N^fw^cTrilans^^''^^  ^^  ^^^^  plans  aud  specifications  be  and  the  same  is 
Sewerage  Com- hereby  adopted,  ratified  and  approved,  as  the  system  of 
^ord.  No.  786r,  scwcragc  to  bc  constructcd,  maintained  and  operated  in 
Aug.  1,1893.  the  city  of  New  Orleans  under  the  said  Ordinance  No. 
6142,  C.  S.,  and  under  the  contract  as  aforesaid   made 
and  entered  into  under  said  ordinance,  and  that  all  of 
the  variations,  changes  and  departures  expressed   and 
set  forth  in  said  plans  and  specifications   from  the  lan- 
guage and  terms  of  the  said  ordinance,  and  the  said  con- 
tract are  hereby  also  adopted,  approved  and  ratified  and 
are   hereby   declared   to   be   modifications   of  the    said 
system  provided  for  in  sub-ordinance,  made  by  mutual 
consent  between  the  city  of  New  Orleans  and  the  said 
New  Orleans  Sewerage  Company,  as  provided  in  said 
ordinance. 

■cl'^h^  mTot     ^RT.  2691.  (2)  That   said    plans   and    specifications 

and  City  En- shall  bc  attcstcd  bv  the  signatures  of  the  Mayor  and 

lb.  City  Engineer,  and  shall  be  deposited  and  preserved  in 

the  archives  of  the  city  of  New  Orleans. 

Bond.      ^^^      Art,  2692.   (3)  That  in   accordance  with  the   provi-, 

sions  of  paragraph  10,  section  ]  of  said  Ordinance  Noj 

6142,  C.'S.,  the   said   company   shall   have  the  right  tc 

begin  construction  of  the  said  sewerage  system  under 

the  plans  and*  specifications  aforesaid,  as  soon  as  thei 

have  furnished  the  city  of  New  Orleans  a  bond  in  the 

penal  sum  of  $50,000,  conditioned  as  the  law  directs  foi 

the  faithful  performance  of  the  work  called  for,  with| 

sureties  satisfactory  to  the  Mayor, 

Extension  of     Art.  2693.  That  an  extension  of  two  additional  years 

■time.  "^ 

Ord.  No.  8627,  be  and  the  same  is  hereby  granted  to  the  New  Orleans 
Jan.  23, 1894.  Sewerage  Company,  the  assignee  of  A.  A.  Woods  am 
his  associates  under  Ordinance  No.  6142,  Council  Series^ 
within  which  to  begin  and  to  complete  the  sewerage 
system  provided  for  in  the  said  ordinance  and  the  con- 
tract made  in  pursuance  thereto. 


STEAM   ENGINES   AND    BOILERS. 


1011 


SHELL  ROADS— See  Canals,  Etc. 


STEAM  ENGINES  AND  BOILERS. 

Art.  2694.  That  it  shall  not  be  lawful  to  erect  or  estab- 
lish within  the  city  limits  any  forge,  foundry  or  steam 
engine  without  special  permission  of  the  City  Council. 

Art.  2695.  (2)  All  buildings  for  forges  and  foun- 
dries must  be  constructed  of  brick  or  other  incombust- 
ible materials  within  the  fire  limits. 

Art.  269C.  (3)  All  petitions  for  permission  to  erect 
any  blacksmith  shop,  forge  or  steam  engine  shall  be  ac- 
companied with  the  written  consent  of  a  majority  of  the 
property  owners  by  the  foot  frontage  within  a  radius  of 
300  feet  of  the  place  where  permission  is  asked  to  erect 
such  blacksmith  shop,  forge  or  steam  engine. 

Art.  2697.  (4)  Whoever  shall  violate  the  provisions 
of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars,  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  im- 
prisoned in  the  said  parish  prison  for  a  term  not  to  ex- 
ceed thirty  days  in  default  of  the  payment  of  the  fine, 
to  be  imposed  by  the  Recorder  of  the  district  wherein 
the  offence  is  committed,  provided  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence,  nor  the  im- 
prisonment more  than  thirty  days;  provided  further, 
that  each  day  any  blacksmith  shop,  forge,  foundry,  or 
steam  engine  shall  be  operated  in  contravention  of  this 
ordinance  it  shall  be  deemed  a  separate  offence. 

Art.  2698.  (5)  That  Ordinances  Nos.  3176,  O.  S., 
").")81,  O.  S.,  and  5612,  C.  S.,  be  and  the  same  are  hereby 
repealed. 

Art.  2699.  That  on  and  after  the  passage  of  this 
ordinance  all  parties  requiring  steam  plants  having 
a  capacity  of  over  ten  horse-power  (10  H.  P.)  shall 
])r()vi(le  such  plant  with  the  necessary  appliances  to 
properly  consume  the  smoke  from  said  plant,  the  appli- 
ance adopted  to  be  such  as  will  consume  not  less  than 
seventy-five  per  centum  (75  per  cent.)  of  the  smoke. 


Permission. 
Ord.  No.  5884, 
C.  S. 
Dec.  2g,  1891. 


Construction, 
lb. 


Repealing  cer- 
t  a  i  n  o  r  d  i  - 
nances. 

lb. 


Smoke  con- 
sumerR. 
Ord.  No.  11,406. 

C.  S. 

Oct."i,  1895. 


1012  STEAM   ENGINES   AND    BOILERS. 

Existing  steam     Art.  2700.  That  all  steam  plants  now  existing  shalL 

plant  to  com-       .,,   .  .  ^  n  ^ 

ply  with  ordi- within  SIX  months  after  the  passasre  of  this  ordinance, 

nance.  -,   j^  -,  „  , 

lb.  proceed  to  make  arrangements  for  the  necessary  appli- 
ance to  consume  not  less  than  seventy-five  per  centum 
(75  percent.)  of  the  smoke,  and  they  shall  have  the 
appliance  in  complete  working  order  within  twelve 
months  after  the  passage  of  this  ordinance. 

Duty  of  City  Art.  2701.  That,  immediately  on  the  passage  of  this 
lb.  ordinance,  the  City  Engineer  shall  notify,  in  writing,  all 
steam  plants  now  in  operation  of  the  provisions  of  this 
ordinance,  and  shall  take  the  necessary  steps  to  enforce 
same.  All  appliances  which  are  adopted  for  the  con- 
sumption of  smoke  to  be  such  as  will  be  approved  by  the 
City  Engineer. 

Penalty.  ^^  Art.  2702.  That  any  parties  now  operating  steam 
plants  requiring  a  smoke  consumer  to  conform  to  this 
ordinance,  and  who  shall  not  place  same  within  one 
year  after  the  passage  of  this  ordinance,  shall  be  subject 
to  a  fine  of  twenty-five  dollars  ($25)  for  each  and  every 
day  that  said  plant  is  operated  thereafter,  without  the 
appliance  ;  said  fine  to  be  recoverable  before  any  court  of 
competent  jurisdiction. 
ciS>se!'^*^'"^  Art.  2703.  That  any  and  all  ordinances,  or  parts  of 
^^-  ordinances,  in  conflict  with  the  provisions  of  this  ordi- 
nance be  and  the  same  are  hereby  repealed. 

PRIVILEGES. 

Ord.  2726.  Arabian  Disinfectant  Company,  31  Bienville  street. 

February  1,  1888. 
Ord.  2772.  Adams,  O.,  3  Carroll  street,  February  1,  1888. 
Ord.  2981.  Adams,  Chas.  H.,  82-84  South   Peters    street,  June 

4   1888 
Ord.  3009.  Arny.'wni.",  19  Canal  street,  June  21.  1888. 
Ord.  3477.  American  White   Lead   Company,   Tchoupitoulas. 

between  Jackson  and  Philip,  January  15.  1889. 
Ord.  4307.  Adolph,  L.  J.  (2  H.  P.),  221  St.  Peters  street,  Feb- 
ruary 24.  1890. 
Ord.  4450.  American    Manufacturing  Company    (25  H.    P.). 

Howard  and  Julia  street.  April  26,  1890. 
Ord.  4892.  Altar,  S.  P.,  104,  106  Magazine  street,  December  2, 

1890. 
Ord.  6018.  Algiers  Ice  Company  (200  H.  P.).  Pacilic,  Elmira 

Thayer  and  Peters.  February  4.  1892. 
Ord.  7217.  American   Bottling  Company.   84  Bienville   street, 

February  17.  1892. 


STEAM    ENGINES   AND   BOILERS.  1013 


Ord.  8075.  Adams.  Frank  (6  H.  P.).  39  Chartres  street,  Sep- 
tember 27,  1893. 

Ord.  8386.  Ashman  &  Huddj^  (steam  carousal),  St.  Charles 
avenue,  opposite  Audubon  Park.  Decembers, 
1893. 

Ord.  8480.  Ashman,  Mrs..  &  Huddy  (steam  carousal).  Frqu- 
hart  and  Enghien,  December  21,  1893. 

Ord.  9644.  American  Can  Stamping  Company.  Ltd.  (50  H. 
P.).  27  to  35  Elvsian  Fields  stVeet.  September 
7,  1894. 

Ord.  9662.  Algiers  Democrat  Publishing  Company  (3>^  H.  P.), 
Patterson  and  Seguin,  Fifth  District,  Septem- 
ber 7,  1894. 

Ord.  10,425.  American  Manufacturing  Company,  Louisiana 
avenue  and  Saratoga  street,  March  13,   1895. 

Ord.  10,022.  Arctic  Refrigerating  Company,  Louisiana  ave- 
nue, Drvades,  Baronne  and  Toledano,  Decem- 
ber 3.  1894. 

Ord.  11,120.  Alden  Knitting  Mills  (30  H.  P.),  square  bounded 
by  Marigny.  Decatur,  Mandeville  and  Char- 
tres  streets.  August  6.  1895. 

Ord.  11.506.  Arnv,  L.  C  (5  H.  P.),  513  South  Peters  street. 
October  22,  1895. 

Ord.  2907.  Bryan,  Miles,  Julia.  Xotre  Dame.  Water  and  Delta 
streets.  April  6,  1888. 

Ord.  2923.  Belden,  Holden.  291,  293  Camp  street,  May  7, 1888. 

Ord.  3160.  Brude,  Albert  E.  (6  H.  P.).  74,  76  St.  Joseph  street, 
August  18,  1888. 

Ord.  3223.  Brudas,  M  (1  H.  P.),  Ursulines  and  Bourbon  streets, 
October  2, 1888. 

Ord.  3257.  Baldwin,  Albert  &  Co.,  Limited  (25  H.  P.),  115, 
117  Magazine  street,  October  13,  1888. 

Ord.  3886.  Baldwin,  Albert  &  Co.,  Limited  (30  H.  P.),  Erato 
and  Tchoupitoulas  streets,  August  3,  1889. 

Ord.  4096.  Banner  Pickle  Companv  (8  H.  P.),  144,  146  Contl 
street,  Xovember  13,  1889. 

Ord.  4449.   Busch,  Hv.  (15  H.  P.),  246   Common  street,  April 

25,  1890. 

Ord.  4793.  Baumgartner  &  Humpf  (5  H.  P.).  Hagan  avenue, 
between  Bienville  and  Conti  streets,  October 
10,  1890. 

Ord.  4813.  Barkley.  John  &  Co..  St.  Joseph,  between  Commerce 
and  Peters.  October  31.  1890. 

Ord.  5259.  Brown.  L.  W..  squares  8.  9,  J3.  14,  15.  16.  23,  24.  25, 

26,  33  and  34,  bounded  by  the  Mississippi  river, 
Oliver,  Broadway  and  Lovverline  streets,  April 
28.  1891. 

Ord.  5934.   Berry,  L.  and  associates  (15  H.  P.),  253  St.  Charles 

street,  January  14,  1892. 
Ord.  6264.  Brakenridge  Lumber  Company,  Rocheblave.   Miro 

and  Venus  streets  and  New  Levee  road,  April 

16.  1892. 
Ord.  6344.  Bernard.  Francis  X..  9  Annunciation  street,  May  18, 

1892. 
Ord.  6498.  Buffalo   Steam   Dyeing  Company    (6   H.   P.).   269 

Chartres  street,  July  8,  1892. 
Ord.  8074.   Boland  &  Geschwind  (15   H.   P.).  22.  24  Toulouse 

street,  September  27,  1893. 
Ord.  9319.   Boudraux,  J.  E.  (12  H.  P.),  97,  99  Julia  street,  June 

7, 189L 


I 


1014  STEAM   ENGINES   AND   BOILERS, 

Ord.  10,000.  Bowers,  F.,  &  A.  Weingarten.  Props.  Louisiana 
Glass  and  Mirror  Works  (10  H.  P.),  Novem- 
ber 24.  1894. 

Ord.  10,144.  Bierhorst,  George  F.  (4  H.  P.),  X.  Peters,  between 
Fort  and  St.  Ferdinand  streets,  January  2. 
1895. 

Ord.  10,230.  Barque  Bros.,  Tonti  and  Laharpe  streets,  January 
24,  1895. 

Ord.  2821.  Capdau.  Uutil,  225  Decatur  street,  March  3,  1888. 

Ord.  2883.  Crescent  City  Moss  Ginnery  (15  H.  P.),  to  remove 
from  Tchoupitoulas  to  Richard  and  Annuncia- 
tion streets,  March  18, 1888. 

Ord.  3018.  Curde,  John,  northwest  corner  Louisiana  avenue  and 
Chippewa  street.  June  27,  1888. 

Ord.  3083.  Conway  &  Carter.  138  Julia  street.  July  20, 1888. 

Ord.  3154.  Crescent  City  Brewery  Company  (300  H.  P.),  Canal 
and  Claiborne  streets.  August  11,  1888. 

Ord.  3296.  Carey,  Robert  J2  H.  P.),  Tchoupitoulas.  between 
Julia  and  St.  Joseph  streets,  November  1,  1888. 

Ord.  3437.  Commercial  Soap.  Candle  and  Starch  Manufacturing 
Company,  Limited  (40  H.  P.),  Peters  and 
Delaronde,  Forstall  and  Lizarde,  December 
26.  1888. 

Ord.  3510.  Coleman,  L.  S.  &  Son  (80  H.  P.),  Clio  and  Liberty 
streets,  January  30,  1889. 

Ord.  4686.  Cameron  &  Castles,  60-66  Tchoupitoulas  street, 
August  27,  1890. 

Ord.  4843.  Commercial  Cooperage  Company.  Carondelet  Walk 
and  Miro  street.  November  10,  1890. 

Ord.  5031.  Cogswell.  F.  R.  (75  H.  P.).  89  North  Peters  street, 
January  15,  1891. 

Ord.  5100.  Cypress  Moss  Hair  Company  (25  H.  P.),  in  building 
Atlantic  Cotton  Press,  February  6,  1891 . 

Ord.  5135.  Crescent  City  Ice  Cqmpany, Decatur,  between  Elysian 
Fields  and  Marigny  streets,  March  2,  1891. 

Ord.  5358.  Carbolineum  Wood  and  Preserving  Company  (15 
H.  P.).  New  Basin,  between  Johnson  and 
Galvez  streets,  June  5,  1891. 

Ord.  5359.  Commercial  Cooperage  Company  (70  H.  P.),  Car- 
ondelet Walk,  between  Galvez  and  Miro  streets, 
June  5,  1891. 

Ord.  5510.  Coleman,  H.  D.,  Machinery  Company,  to  remove  to. 
Clara,  Willow,  Clio  and  Erato  streets,  August 
6.  1891. 

Ord.  6177.  Consumers' Seltzer  and  Mineral  Water  Company  (50 
H.  P.).  132  and  134  North  Rampart  street, 
March  30,  1892. 

Ord.  6405.  Chalmette  Steam  Laundry,  to  Magazine  and  Lafay- 
ette streets.  June  4,  1892. 

Ord.  6921.  Cline,  Jacob  (6  H.  P.),  Laharpe,  between  Villere 
and  Robertson  streets,  November  11,  1892. 

Ord.  7158.  Chalmette  Steam  Laundry  Company,  Foucher  and 
Lafayette  streets.  February  2. 1893. 

Ord.  7390.  Coakley,  Jas.,  Steam  Laundry,  Lafayette  and  Com- 
merce streets.  April  5,  1893. 

Ord.  7460.  Conrad,  Jas.,  Josephine  and  Magazine  street, 
April  21.  1893. 

Ord.  7587.  Carbolineum  Wood  Preserving  and  Manufacturing 
Company.  Limited,  to  increase  steam  power, 
Johnson  and  Galvez  streets,  May  19,  1893. 


STEAM   ENGINES  AND   BOILERS.  1015- 


Ord.  8123.  Century  Cotton  Company,  iSt.  James  and  Keligious, 

streets.  October  5, 1893. 
Ord.  8345.  Carre,  W.    W..  Xew  Basin  Shellroad,  Clark,  Hagan 

and  Washington  avenue,  November  24.  1893. 
Ord.  8838.  Creole  Coffee  Companv   (40  H.  P.\  117  S.   Peters 

street,  March  19,  1894. 
Ord.  8915.  City  Lumber  Company    (.50  H.  P.),  .Julia,  between 

Dolhonde  and  Broad  streets,  March  31, 1894. 
Ord.  9012.  Cassagne   &  Eva  (6  H.   P.),  Washington,  between 

Galvez  and  Johnson  streets,  April  19,  1894. 
Ord.  9152.  Crescent  City  Ice  Company,  Antoine  and  Tchoupi- 

toulas  streets.  May  11,  1894. 
Ord.  9805.  Clarke,  J.  J.  (8  H.  P.),  Julia  and  Liberty,  October 

10,  1894. 
Ord.  9846.  City    Item  Co-operative    Printing    Company,    72 

Camp  street,  October  18,  1894. 
Ord.  10,061.  Caddin,   E.   D.   &  Co.  (4  H.  P.),  4  Washington 

avenue,  December  9,  1894. 
Ord.  2940.  Dorsey,   Bernard,  removed    from    136)^    Chartres 

to  101  Royal  street.  May  15,  1888. 
Ord.  2959.  Dodt  &  Gilbert,  Montegut,   between  Marais  and 

Urquhart  streets.  May  28,  1888. 
Old.  3171.  Dufour.  Francis,  removed  from  229  Chartres  to  280 

Bourbon  street,  September  8,  1888. 
.Ord.  3663.  D'Auberteuil,  A.  J.  (1  H.  P.),  138  Chartres  street, 

April  5,  1889. 
Ord.  3789.  Delavigne,  A..  Jordan,  between  Peters  and  Royal 

streets.  May  31,  1889. 
Ord.  4111.  Dietmann,  T.  H.  (20  H.   P.),  29  and  31  Tchoupi- 

toulas  street,  Xovember  19,  1889. 
Ord.  4840.  Dupuy,  J.  F.,  banks  of  Bayou  St.  John, beyond  Bayou 

Bridge.  November  10,  1890. 
Ord.  5469.  Daniels,  A.  S.  (15  H.  P.),  Patterson  and  Bartholo- 
mew streets.  Fifth  District,  July  18,  1891. 
Ord.  5965.  Durieu,  Charles   (500  H.  P.),  Gentilly  Road   and 

People's  Canal,  January  21,  1892. 
Ord.  6053.  Dorfer  &  Sturm.  82  Baronne  street,  February   15, 

1892. 
Ord.  6727.  Dupuis  Refining  and  Manufacturing  Company,  Up- 

perline,  between  Robert  street  and  Mis,sissippi 

river,  September  21,  1892. 
(^rd.  7219.  Dullirt,  M.  T.,  Elizardi  and  North  Peters  streets, 

February  17, 1893. 
Ord.  7242.  Orleans    Manufacturing    and    Lumber    Company 
(extra  pumps),  Julia    and    Cypress    streets, 

March  1,  1893. 
Ord.  7512.  Dupuis,  A.,  St.  Peter  and  Orleans  streets.  May  4, 

1893. 
Ord.  10.719.  Davidson,  G.  W.  &  Co    (10  H.  P.),  447  and  449   S. 

Peter  street.  May  17,  1895. 
Ord.  11,173.  Dodt  &  Co.  (150  H.  P.  engine  and  boiler,  instead 
of  25  H.  P.),  in  square  bounded  by  Montegut, 

Marais,  Feliciana  and  Urquhart  streets,  August 
27,  1895. 
Ord.  11.36?.  Davidson,  G.  W.  &  Co.  (one  added  boiler  and  en- 
gine), 347.  349  and  361  South  Peters  street, 
September  24,  1895. 
Ord.  2772.  Estava,  Dalman.  56  South  Peters  street,  February 
21,  1888. 


1016  STEAM    ENGINES   AND   BOILERS. 


Ord.  3238.   Excelsior  Canning  and   Packing  Company  (6   H. 
P.),  118,  120,  122  North  Basin   street.  October 

4,  1888. 

Ord.  3436.  Erath,   Chas.  G.  (7   H.  P.).   Kerlerec  and   Villere 

streets.  December  22,  1888. 
Ord.  4206.  Edwards  &  Haubtman  (15  H.   P.),  70  and  72  Soutli 

Front  street.  January  9,  1890. 
Ord.  6146.  Ellis;  Ed.  D.  (50  H.  P.),   232  Gravier  street,  March 

25,  1892. 
Ord.  6343.  Eaton,  Hy.,  Hampton  street,  between   Madison  and 

Dublin,  May  18.  1892. 
Ord.  7352.  Ernst  &  Co.,  Magazine  and  Julia  streets,  March   30. 

1893. 
Ord.  3087.  Frank,  Chas..  Pleasant   and  Annunciation   streets, 

July  23,  1888. 
Ord.  3222.  Fabacher,  Law.  (4  H.  P.),  104  Customhouse   street. 

October  2,  1888. 
Ord.  3272.  Fallen,  Martin  (2  H.  P.),  Sixth  and  Fulton  streets, 

October  19,  1888, 
Ord,  3752,  Flash,  Preston  &  Co.   (25  H,  P.).  Girodand  Foucher 

streets.  May  22,  1889. 
Ord.  3812.  Fernandez.  E.  (6  H,  P.),  299  Dumaine   street.  June 

9,  1889. 
Ord.   4110.    Frederico,   Francisco     (4  H.   P.),   29    St,   Philip 

street,  November  19,  1889. 
Ord,  5034,  Frye  &  Son,  Wm.  (60  H.  P.),  Tchoupitoulas   street. 

between  Leontine   and  Valmont,  January  31 . 

1891. 
Ord.  5924.  Fransonnier.  Jules   (3  H,  P.),  144  Dauphine   street, 

January  9.  1892. 
Ord.  7091.  Fredericks,  J.  H.  (5  H.  P.),   Louisiana  ayenue,  be- 
st. Denis  and  St.  Patrick  streets,   January  11. 

1893. 
Ord.  7897.  Foschler  &  Sauer   (20  H.  P.),   43   Montegut  street, 

August  3,  1893. 
Ord.  8914.  Farmers'   Consolidated  Dairy  Company,   Limited. 

392  St.  >  harles  ayenue,' March  31.  1894, 
Ord.  2959.  Gilbert  &   Dodt,   Montegut,   between   Marais   and 

Urquhart  streets.  May  28,  1888. 
Ord.  3724.  Gulf  Wire  Mill  Company  (25  H.  P.).  St.  Joseph  and 

5.  Peters  streets.  Slay  9,  1889. 

Ord.  4432.  Good  Intent  Dry  Dock,  foot  of  Seguin  street,  April 

19,  1890. 
Ord.  5413,  Gamier,  Emile   (25  H.   P.).   Robertson,   below   St. 

Bernard  and  Annette  streets,  July  8,  1891. 
Ord.  6499.  Graham,  L.  &  Son,  44  and  46   Baronne  street,  July 

8,  1892. 
Ord.  7353.  Godchaux,  Leon   (40  H.   P.),   Canal   and  Chartres 

streets.  March  30,  1893. 
Ord.  7749,  Grunewald,  Louis  (40  H.  P.),   Baronne   and  Canal 

streets.  June  28,  1893. 
Ord,  7828.  Guetegsett,  A..  Fourth,  between  Claiborne  and  Clara 

streets,  July  28.  1893. 
Ord.  8137.  Ghisalbedi,  J.  B.  (6  H.  P.),  Louisiana   ayenue  and 

Dryades  street,  October  7,  1893. 
Ord.  8577.  Goodspeed  &  Stauffer  (50  H.  P.),  171  and  175  Girod 

street,  January  12.  1894. 
■Ord.  9051.  Glass,  Vandegriff  (4  H.  P.),.197  Camp  street,  April 

31,  1894, 


STEAM   ENGINES   AND   BOILERS  1017 

Ord.  915U.  Grundy  &  Flannigan  (6  H.  P.),  Clara,  between  Cal- 
liope and  Howard  streets,  May  11.  1894. 
Ord.  9347.  Guettgatt,  A.  (4  H.  P.),  Washington,  below  Willow 

and  Claiborne  streets,  July  5,  1894. 
Ord.  10,309.  Giepart.  Wm.  (4  H.  P.),   Eliza,   between    Bouny 

and  Seguin  streets.  February  12.  1895. 
Ord.  10,873.  Garliek  J..   Lafayette,   between    Carondelet  and 

Baronne  streets,  June  12,  1895. 
Ord.  10,894.  Gillen.  Luke  (5  H.  P.).  Seguin  and  Eliza    streets, 

Fifth  District,  June  21,  1895. 
Ord.  3143.  Ilaubtmann,  Leon   (27  H.  P.), Washington,  Howard, 

Franklin  and  Sixth  streets,  Aug.  10,  1888. 
Ord.  3271.  Harknev,  D.  A.  (60  H.  P.),  Julia,  between  Howard 

and  Freret  streets,  October  19,  1888. 
Ord.  3763.  Haspel   &   Davis  (100  H.  P.),  47  and  49  N.   Peters 

street,  May  24. 1889. 
Ord.  4087.  Hasam  &  Athens   (50  H.  P.).  in  premises  occupied 

bv  D.  A.  Harknev  as  planing  mill,  November 

9 I 1889. 
Ord.  4406.  Hoffmann,  Jno.  (2  H.  P.),  Washington   and   Mag- 
nolia streets.  April  5,  1890. 
Ord.  3815.  Hirseh,  Philip,  33  and  34  X.  Front  street,  Oct.  31, 

1890. 
Ord.  5138.  Hope,   Ben.    W.    (50  H.   P.),  60    Lafayette  street, 

March  3,  1891. 
Ord.  5386.  Hoechstetter.  Mrs.  C.    (6  H.  P.).  146   Camp  street, 

June  16,  1891. 
Ord.  5562.  Harrison,   Geo.  M.    (30    H.   P.),  93  and  95  Notre 

Dame  street,  August  31,  1891. 
Ord.  5773.  Hardonin,   J.  (6   H.    P.).    178   Lapeyrouse   street, 

November  21,  1891. 
Ord.  5783.  Hinze,  Fred.  &  F.  J.  Hagsbette.  24  Girod  street, 

November  24. 1891 . 
Ord.  5953.  Harkney,   D,   &    Associates   (200  H.    P.),  Delord, 

between   Rampart  and  Dryades  streets,  Jan- 
uary 16,  1892. 
Ord.  6497.  Holden&  Berry,  342  St.  Charles  street,  July  8,  1892. 
Ord.  7398.  Henderson,  Wm..  Julia,  S.  Peters,  Notre  Dame  and 

Commerce  streets,  April  5,  1893. 
Ord.  8078.  Hirseh,  Philip  (10  H.  P.),  97   Decatur  street,  Sep- 
tember 27,  1893. 
Ord.  9045.  Haller,    H.    Co..    Ltd..    Orange     and      Constance 

streets,  April  30,  1894. 
Ord.  9904.  Hohsman,   H.   J.     (4  H.    P.),   121   Tchoupitoulas 

street,  November  2, 1894, 
Ord.  10,368.  Hirn,  Jos.  112  Royal  street,  February  20,  1895. 
Ord.  10,660.  Heres,  Jacinto  (30  H.  P.),  333,  335  Girod  street, 

May  7,  1895. 
Ord.  11,076.  Herrmann  &  Lanata,  Genois  and  Palmyra  streets, 

August  1, 1895. 
Ord.  11,170.  Hart,   E.   J.   &  Co.,   boiler  and  engine,    square 

bounded  by  Poydras,  Lafayette,  Tchoupitoulas 

and  Constance  streets,  August  27,  1895. 
Ord.  11.550.  Harris  Bros.,  boiler  and  engine,  526,   533  Front 

street.  November  5,  1895. 
Ord.  6629.  Irby,  W.  R.    Co.,  Ltd.,   South   Peters  and  Gravier 

streets,  September  1,  1892. 
Ord.  4844.  Jackson   Brewing  Company,   Clay   and    Jefferson, 

Old  Levee  and  St.  Peter  streets,  November  10, 

1890. 


1018  STEAM   ENGINES   AND   BOILERS. 

Ord.  6962.  Johnson  &  Crozier,  South   Basin  and  First  streets. 

Novemb«r30,  1892. 
Ord.  7434.  Jahneke,  Fritz,  to   operate  steam  crusher  at  such 

localities  as  may  be  necessary.  April  14,  1893. 
Ord.  10,683.  Jacob  &  Mackel  (10  H.  P.),  Carondelet  Walk  and 

Rendon  streets,  April  9,  1895. 
Ord.  11,520.  Jackson  Steam  Laundry,  Fourth  and  Waters  streets, 

October  29,  1895. 
Ord.  2584.  Killeen.  Thos.,  Liberty,  between   Julia  and  Girod 

streets,  November  18,  1887. 
Ord.  2681.  Klapper,  W.  T.,  14  Soraparu   street.  December  25. 

1887. 
Ord.  3159.  Keavney,  Buckley  &  Co.  (3  H.  P.),  69  to  73  S.  Liberty 

street.  August  10,  1888. 
Ord.  3253.  Kassel,  Philip  (8  H.  P.),  Dryades  and  Delord  streets. 

October  13.  1888. 
Ord.  3511.  Keff,  Frederick  (8  H.  P.),  Pauline,  between  Char- 

tres  and  Royal  streets,  January  30.  1889. 
Ord.  4282.  Krantz.  John  J.  and  others,  69  to  75  S.  Front  street. 

January  31.  1890. 
Ord.  4305,  Klein,  Jacob  (4  H.  P.),  Bourbon  and  Orleans  streets, 

February  24,  1890. 
Ord.  4687.  Keff,  Francis,  Peters,  Jeanny,  Pauline  and  Chartres 

streets.  August  27.  1890. 
Ord.  5772.  Keith,  Peter  (6  H.  P.).  Terpsichore,  Front,  Tchoupi- 

toulas  and  Robin  streets,  Xovember  21.  1891. 
Ord.  7432.  Kern  Cofiin  Company,  Limited,  93   to  104  Fulton 

street,  April  14,  1893. 
Ord.  8582,  Keiffer  Bros.  (30  H.  P.),  98  Canal   street,   January 

12,  1894. 
Ord.  8681.  Kaiser,  John  S.  (6  H.  P.),  Octavia,  between  Coli- 
seum and  Chestnut  streets.  February  1. 1894. 
Ord.  8837.  Kellar,  A.  6.  (20  H.  P.),  Valence  and  Tchoupitou- 

las,  March  19,  1894. 
Ord.  10.225.  Kellett,  Geo.  (2  H.  P.)  407  Burgundy  street.  Jan- 
uary 24,  1895. 
Ord.  10,744.  Kearney,  J.  Watts  &  Son  (25  H.  P.),  Poeyfarre. 

between  Foucher  and  Annunciation,  May  21. 

1895. 
Ord.  10,987.  Kelly  &  Grady  (25  H.  P.),  1133  Front  street.  July 

9, 1895. 
Ord.  2584.  Lyons,  I.  L.,  Camp  and  Common  streets.  Xovember 

18,  1887. 
Ord.  3017.  Lyons,    I.  L.,  Camp  and  Gravier  streets,  June  26,. 

1888. 
Ord.   3151.    Landry,   Wilfred   (4  H.   P.),  Soniat    and  Jersey 

streets,  August  10,  1888. 
Ord.  3155.  Lafayette  Brewing  Company  (200  H.  P,),  Tchoupi- 

toulas,  Xinth,  Harmony  streets  and  river,  Au- 
gust 13, 1888. 
Ord.  3224.  Lucas,  Narcisse  A.  (4  H.  P.),  Press   and  Morales 

streets,  October  2,  1888. 
Ord.  4003.  Louisiana  Sugar  Refining  Company  (200  H.  P.), 

Customhouse,    Wells,    Grossman    and    Front 

streets.   September  30,  1889. 
Ord.  4151.  Louisiana  Steam   Sash.  Blind  and  Door  Factory, 

Roberts&  Co.  (2)  (100 H.  P.),  Howard,  Gravier 

streets  and  Tulane  avenue,  December  5.  1889. 


STEAM   ENGINES   AND    BOILERS.  1019 

Ord.  4448.  Louisiana  Furniture  Manufacturing  Company  (150 

H.   P.),   Water,  Bellecastle,   Dufossat  streets 

and  river.  April  24.  1890. 
Ord.  505.5.  Louisiana  Tanning  Company  (40 H.  P.).  Carondelet 

Wallv,    Broad,   White   and    Toulouse    streets, 

January  30.  1891. 
Ord.  5163.  Langhoff.  E.  (15  H.  P.),  11  S.  Front  street,  March 

6,  1891. 
Ord.  5190.  Lipscomb,  A.  H.  (25  H.  P.),  501  St.  Andrew  street, 

April  4,  1891. 
Ord.  5613.  Louisiana   Printing  and   Publishing  Company  (10 

H.  P.),  41  and  43 Natchez  street,  September  23, 

1891. 
Ord.  56.56.  Langerman,   John   H.  (50  H.   P.),  St.   Ferdinand, 

Port,  Urquhart  and  Girod  streets,  October  7, 

1891. 
Ord.  6669.  Lafayette  Warehouse   Company  (80  H.   P.),  Julia 

and  Foucher  streets,  September  7,  1892. 
Ord.  7330.  Lacorte,  E.  J..  St.  Philip.  Ursulines,  Gayoso,  Dupre 

and  Oak  streets,  March  23,  1893. 
Ord.  8753.  Lorenzan,  Chris.  (6  H.  P.),  Josephine  and  Howard 

streets,  March  2,  1894. 
Ord.  IQ.OOO.  Louisiana  Glass  and  Mirror  Works  (10  H.  P.),  54 

and  56  Lafayette  street,  November  24,  1894. 
Ord.  11,430.  Leathers  &  Garland  (15  H.  P.,  B.  and  E.),  Julia 

and  Roeheblave  streets,  October  8.  1895. 
Ord.  11,521.  Louisiana  Molasses  Company  (200  H.  P.,  station- 
ary  engine  and  boiler),   412-418   St,    Joseph 

street,  October  29,  1895. 
Ord.  2584.  Mitchell,  R.  B.,  436  Delord  street,  November  18,. 

1887. 
Ord.  2907.  Myles,  Bryan,  Julia,  Notre  Dame.  Water  and  Delta 

streets,  April  6,  1888. 
Ord.  3664.  Muller,  Fritz  (20  H.  P.),  Customhouse  andDerbigny 

streets,  April  5,  1889. 
Ord.  4871.  Munich,  J.  J.,  Joseph,  Arabella,  Tchoupitoulas  and 

Levee  streets,  November  22,  1890. 
Ord.  4872.  Morson  &  Eaches,  60  Lafayette  street,  November 22, 

1890. 
Ord.  5042.  Meyer,  Fred.,  Octavia  and  Prytania  streets,  Janu- 
ary 29,  1891. 
Ord.  5549.  Mills  Preserving  Company  (15   H.  P.),   St.  Joseph 

and  Commerce  streets.  August  31,  1891. 
Ord.  6745.  Markel,  James  (8  H.  P.).  550  Conti   street,  Septem- 
ber 28,  1892. 
Ord.  6859.  Moll,  John  G.,   Jr.  (100  H.  P.),  New  Levee,  Water, 

Sixth  and  Seventh  streets,  October  29,  1892. 
Amended  by  Ordinance  8311,  November  16, 

1893. 
Ord.  6950.  Morson  &  Eaches,  90  Tchoupitoulas   street,  Novem- 
ber 23,  1892. 
Ord.  7941.  Mock,  Charles  (4  H.  P.),  Adams,  between  Macarthy 

and  D'Armas  streets,  August  18,  1893. 
Ord.  8913.  Masse,  Louis  (4  H.  P.),  335  St.  Louis  street,  March 

31,  1894. 
Ord.  8962.  Moales,  E.  M.  (8  H.  P.),  Carondelet  Walk,  between 

Roeheblave  and  Dorgenois  streets,  April  5, 

1894. 
Ord.  9866.  Morere,  F.  &  P.  (15  H.  P.),  Canal  avenue,   Colla- 

passa,  Short  and  Fourteenth  streets.  October  26, 

1894. 


1020  STEAM   ENGINES   AND   BOILERS. 


Ord.  10,682,  Meatre,  Eniile  G.    (15   H.   P.),   517   Oonti  street. 

May  9, 1895. 
Ord.  10,369.  Meyer,  Herman  (electric  motor),  1131  Washing- 
ton street,  February  20,  1895. 
Ord.  3478.  McAdam,  M.  J.  (35  H.   P.),  Peters,  N.   Market,  St. 

Joseph  and  Fulton  streets,  January  16.  1889. 
Ord.  3909.  McGee  (16  H.  P.),  Third,  between  Dublin  and  Mad- 
ison, August  9. 1889. 
Ord.  4408.  McClure  &  Redpath  (20  H.  P.),  22  St.  L  uis  street, 

April  18,  1890. 
Ord.  6440.  McEwen  &  Murray,  Dublin  avenue  and  New  Canal. 

June  9, 1892. 
Ord.  11,580.  McClure  &  Redpath  (15  H.  P.  E.  &  B.),  523   and 

525  Tchoupitoulas   street,  November  12,  1895. 
Ord.  2635.  New  Orleans  Safe  and   Lock  Company,   93   and  95 

South  Peters  street,  November  25.  1887. 
Ord.  3156.  New  Orleans  Rice  Milling  Company  (350  H.  P.), 

Peters  and  Montegut  streets.   August  13,  1888. 
Ord.  3471.  New  Orleans  Railway  Supply  and  Manufacturing 

Company  (6  fl.  P.),   94  Common  street,   Jan- 
uary 12,  1889.      . 
Ord.  3803.  Noblet,   G.    (4  H.  P.;,   99  Bourbon   street,   June  5, 

1889. 
Ord.  5871.  New  York  Steam  Dye  Works  (15  H.  P.).  St.  Charles 

and  Girod  streets,  December  19,  1891. 
Ord.  6887.  New  York  Steam  Dye    Works  (20  H.   P.).   Olivier 

and  Patterson  streets,  November  3,  1892. 
Ord.  7218.  New  Orleans  Swamp   Land  Reclamation  Company, 

Bayou  St.  John  and   St.  Ann  street,  February 

17,  1893. 
Ord.  7578.  New  Orleans  Swamp  Land  Reclamation  Company. 

Bayou  St.  John  and  St.  Ann  street,  May  19, 

1893. 
Ord.   9395.  New    Basin     Manufacturing     Company,     Limited 

(40  H.  P.).  Julia,  between  Prieur  and  Johnson, 

July  9,  1894. 
Ord.  2584.  O'Conner  &  Reynolds,  103,  105  and  107  Julia  street, 

NovembeflS,  1887. 
Ord.  5121.  Oberling,   Louis    (15  H.    P.),    151     North    Peters 

street,  February  28,  1891. 
•Ord.  5599.  O'Reiily,   P.   J.,    Wharf,  between    Canal    and    St. 

Louis,  September  16,  1891. 
Ord.  5954.  Ong,  D.  M.    (200  H.  P.),  Press,  Montegut,  Villere 

and  Robertson  streets,  January  16,  1892. 
Ord.  9531.  O'Reilly,  P.  J.,  Levee,  between  Canal  and  St.  Louis 

streets.  August  9,  1894. 
Ord.  10,816.  O'Reilly,  P.  J.,   upon  the  incline  or  apron  of  the 

steamboat  wharf,  between  Canal  and  St.  Louis 

streets,  June  7,  1895. 
Ord.  3157.  Pablo,  T.    (4  H.    P.),   200  Elysian   Fields   street, 

August  13,  1888. 
Ord.   3374.  Pernlliat,   Chas.    (30  H.   P.),  Julia,   St.   Joseph, 

Fulton  and  Peters  streets,  December  1.  1888. 
Ord.  4446.  Purves,  John   T.  (15   H.    P.),  134    North  Rampart 

street,  April  24,  1890. 
Ord.  6272.  Pelican  Soap  Manufacturing  Company  (50  H.  P.), 

Decatur,  between   Port  and   Enghien  streets, 

April  16,  1892. 
Ord.  10,932.  Peter  &  Gras,  727  Bienville  street,  June  26.  1895. 


STEAM   ENGINES   AND   BOILERS.  1021 


Ord.  11,519.  Peabody.  B.  H.,  steam  engine  on  batture  property, 
Broadway  jind  Magazine  streets,  October  29, 
1895. 

Ord.  4151.  Roberts  &  Co,  liOuisiana  Steam  Sasli,  Blind 
and  Door  Factory,  two  (100  H.  P.),  Howard, 
Gravier  and  Tulane  avenue,  December  5,  1889. 

Ord.  4158.  Rugers  &  Kearn,  Steam  Vinegar  Factory,  Orange, 
between  Tchoupitoulasand  Peters  streets.  De- 
cember 14.  1889. 

Ord.  5269.  Riggs.  E.  A.  (40  H.  P.),  260  Perdido  street,  April 
30.  1891. 

Ord.  5326.  Reichert,  William  (4  H.  P.),  Gasquet  and  Howard 
streets.  May  30,  1891. 

Ord.  6633.  Roder,  Frank,  First,  Water,  Tchoupitoulas  andSor- 
aparu  streets,  September  1,  1892. 

Ord.  6893.  Rosetta  Gravel,  Paving  and  Improvement  Company, 
engines  for  purpose  of  obtaining  of  water  to 
sprinkle  streets,  Xovember  3.  1892. 

Ord.  8053.  Rugers,  Chas.  W.,  Marigny  and  North  Peters 
streets,  September  7,  1893. 

Ord.  10.147.  Rabito,  A.  (5  H.  P.),  Dryades,  between  Poydras 
and  Lafayette  streets,  January  2,  1895. 

Ord.  10,228.  Rohn,  Jacob  (6  H.  P.),  St.  David  and  Toledano 
streets,  January  24,  1895. 

Ord.  2587.  Seidet  Bros..  754  First  street,  November  11,  1887. 

OrJ.  2951.  Searcy,  D.  T..  127  Gravier  street.  May  21,  1888. 

Ord.  2960.  Sanchez,  George  and  Albert,  38  Pearl  street,  May  28, 
1888. 

Ord.  2961.  Shadwell  &  Wilson,  Montegutand  St.  Claude  streets. 
May  28.  1888. 

Ord.  2978.  Sharpe,E.,  616  Dauphine  street,  June  4,  1888. 

Ord.  3086.  Searcy,  D.  J.,  77  Oarondelet  street,  June  19,  1888. 

Ord.  3104.  Schwartz,  Moses  (4  H.  P.),  292-300  Magazine  street, 
July  27,  1888. 

Ord.  3140.  Sampson,  T.  H.  (40  H.  P.),  Mississippi  river,  be- 
tween Bordeaux  and  Lvon,  August  10,  1888. 

Ord.  3147.  Schotield,  Hy.  (100  H.  P.),  62  Lafayette  street, 
August  10.  1888. 

Ord.  31.53.  Schroeder,  J.  (6  H.  P.),  17  St.  Ferdinand  street, 
August  11, 1888. 

Ord.  3206.  Seibel  Bros.,  32  and  34  Bari*acks  street,  September 
28,  1888. 

Ord.  3255.  Souber,  J.  T.  (3  H.  P.),  Harmony  and  Chippewa 
streets,  October  13,  1888. 

Ord.  3493.  Smith  (10  H.  P.),  Orange,  between  Tchoupitoulas 
and  Peters  streets,  January  24,  1889. 

Ord.  3932.  Standard  Planing  Mill  and  Manufacturing  Co.  (80 
H.  P.),  at  site  occupied  by  J.  C.  Malone  Sash 
Factory,  August  30,  1889. 

Ord.  4121.  Slattery  Bros.  (40  H.  P.),  104  Gravier  street,  No- 
vember 20.  1889. 

Ord.  4307.  Sorata.  A.  (200  H.  P.),  Old  Levee,  Clay,  Toulouse 
and  Jefferson  streets.  February  24,  1890. 

Ord.  4814.  Sandys,  R.  M.,  63  Girod  street,  October  31.  1890. 

Ord.  4818.  Swan.  Louis,  Claiborne.  Frenchmen,  Union  and 
Robertson  streets.  November  3,  1890. 

Ord.  4842.  Schlieder,  Edw.  G.,  70  to  80  Conti  street,  Novem- 
ber 10,  1890. 

Ord.  4852.  Southern  Vinegar  Co.,  removed  from  134  N.  Basin 
to  156  Toulouse  street,  November  22,  1890. 


1022  STEAM   ENGINES   AND   BOILERS. 


Ord.  5272.  Southern  Wood  Manufacturing  Co.,  head  of  Lyons 

street,  May  1,  1891. 
Ord.  5367.  Schmid,  Jos.  (16  H.  P.),   Dufossat,   Tchoupitoulas, 

Front  and  Bellecastle  streets,  June  12,  1891. 
Ord.  5786.  Scott,  W.  P.  (30  H.  P.),  86  Tchoupitoulas  street. 

June  12.  1891. 
Ord.   6168.   Schmitter,    Adam    (2  H.  P.),    51    North  Market 

street,  March  26,  1892. 
Ord.  6385.  Stakelum  &  Stokes,  (10  H.  P.),  102-104  St.  Joseph 

street,  May  i*,  1892. 
Ord.  6949.  Scott,  W.  P.  (30  H.  P.),  60  Lafayette  street,  Novem- 
ber 23.  1892. 
Ord.  7114.  Southern  University,  Mechanical  and  Agricultural 

College,  Magazine,  between  Soniat  and  Dufos- 
sat streets,  January  19,  1893. 
Ord.  7729.   Smith,  W.  G.  (2  H.  P.),  835  Magazine  street,  June 

15,  1893. 
Ord.  3748.  Sullivan.  T.  J.  (80  H.  P.),  Batture  front,   corner 

Washington  and  Napoleon  avenues,  May  21, 

1887. 
Ord.  8208.  Schmidt  &  Zeigler  (14  H.  P.),  67   Fulton   street, 

October  24,  1893. 
Ord.  8581.  Semmes  &  Parker  (100  H.  P.),  St.  Thomas,  Erato, 

Thalia  and  Tchoupitoulas  streets,  Januarv  12, 

1894. 
Ord.  8889.  Smith,  G.  W.  H.  &  Co.  (10  H.  P.),  Claiborne  and 

Spain,  March  27,  1894. 
Ord.  10,576.  St.  Charles  Street  Railroad  Company  (750  IT.  P.), 

Marigny,     Mandeville,     Decatur    and    North 

Peter  streets,  April  11,  1895. 
Ord.  11,561.  Stakelum,  P.  J.,  boiler  and  engine,  Poeyfarre  and 

Annunciation  streets,  November  5,  1895. 
Ord.  11,643.  Schmidt,  R.  R.   (32   H.  P.),  boiler  and   engine, 

Tchoupitoulas  and  Lafavette  streets,  December 

3,  1895. 
Ord.  2726.  The    Arab.   Disinfecting    Company,    31    Bienville 

street,  February  1,  1888. 
Ord.  3141.  They,  George  (8  H.  P.).  84  and  86  North  Peters 

street,  August  10,  1888. 
Ord.  3432.  Toledano,  A.,  St.  Charles  avenue  and  Third  street, 

December  22,  1888. 
Ord.  3813.  Trist  &  Co.  (generator),   14  Conti  street,  June  8. 

1889. 
Ord.  3924.  Theard,  S.  L.  (6  H.  P.),  Gentilly  Road,  below  Fair 

Grounds,  August  15, 1889. 
Ord.  5121.  Tujaque,   Louis   (3   H.   P.),  42 >^   Dumaine  street, 

Februarv  28,  1891. 
Ord.  5365.  Tuft,  Alf.,  &  T.  D.  Connell  (50  H.  P.),  72  to  78  Vil- 

lere  street.  Fifth  District,  June  11,  1891. 
Ord.  8290.  Tropical  Fibre  Company,  88  Rousseau  street,  No- 
vember 16,  1893. 
Ord.  9399.  Thompson.  Theo.  J.  (100  H.  P.),  12  and  14 Marigny 

street,  July  9,  1894. 
Ord.  10,022.  Touro  Infirmary  (45  H.  P.),  Prytania,  Coliseum, 

Foucher  and  Aline  streets,  December  3,  1894. 
Ord.  9094.  Thomas,  Alex.  (4  H.  P.),  40  Marais  street.  May  4, 

1894, 
Ord.  11,507.  Tankersley,  Mrs.  J.  (small  engine),  Jackson,  be- 
tween Magnolia  and  Clara  streets,  October  22, 
1895. 


d 


STEAM   ENGINES  AND   BOILERS.  1023 

Ord.  4088.  Ursuline  Xims  (10  H.  P.),  Mathilda.  Jourdan,  Levee 
and  Dauphine  streets.  November  11,  1889. 

Ord.  11,595.  Union  Coal  Company  (5  H.  P.  boiler  and  engine), 
Louisiana  avenue  and  Rampart  streets,  No- 
vember 19,  1895. 

Ord.  3438.  Voorhies.  E.  (4  H.  P.), Toulouse,  between  Rampart 
and  Burgundy  streets,  December  7,  1888. 

Ord.  3815.  Yallette,  Frank  A.  (2  H.  P.),  Patterson,  between 
Yallette  and  Olivier  streets,  June  14,  1889. 

Ord.  8073.  Wigginton,  W.  E.  (15  H.  P.),  91  Fulton  and  101 
South  Peters  streets,  September  27, 1892. 

-Ord.  2684.  Wetzel,  A.,  Marengo  and  Jersev  streets,  Janu- 
ary 6,  1888. 

Ord.  2772.  Wetzel.  A.,  Jersey,  Marengo,  Laurel  and  Constan- 
tinople streets,  February  21,  1888. 

Ord.  2961.  Wilson  &  Shadwell,  Montegut  and  St.  Claude  streets, 
May  28.  1888. 

Ord.  3039.  Weckerling  Brewing  Company  (150  H.  P.),  Maga- 
zine and  Delord  streets,  July  7,  1888. 

Ord.  3495.  Waekerbarth  &  Joseph  (20  H.  P.),  93  and  95  Julia 
street,  January  28,  1889. 

Ord.  8499.  Weiss,  Joseph  (6  H.  P.),  First  and  Magnolia  streets, 
January  25,  1889. 

Ord.  3994.  Wigginton,  Wm.  C.  (8  H.  P.).  22  St.  Louis  street, 
September  27,  1889. 

Ord.  4307.  Woddv,  N.  A.  (10  H.  P.),  26  St.  Louis  street,  Feb- 
ruary 24,  1890. 

Ord.  7433.  Wulngo.  C.  (4  H.  P.),  Magazine  and  Valmont 
streets,  April  14,  1893. 

Ord.  7742.  Wards,  John,  Sons  &  Co.  (20  H.  P.).  Freret  and 
Cypress  streets,  June  28,  1893. 

Ord.  9307.  Wogan  &  Bro.  (200  H.  P.),  Decatur  and  Port 
streets,  June  7,  1894. 

Ord.  9.527.  Walker  &  Randolph  (2  H.  P.),  268  St.  Charles  ave- 
nue, August  9.  1894. 

Ord.  11,460.  White  Swan  Laundry  Steam  Power,  etc.,  1114 
Freret  street,  October  15,  1895. 

Ord.  3008.  Zinger.  Wm.,  Roberts,  between  Jersey  and  Tchoup- 
itoulas  streets,  June  21,  1888. 
Young  Men's  Gymnastic  Club  (35  H.  P.),  Rampart 

and  Customhouse  streets.  February  6,  1891. 
Young  &  Frye  (5  H.  P.),  38    St.  Andrew  street, 

March  31,  1892. 
Zuberbier  &  Behan.  17   and  19  South  Peters  street, 

and  15  and  17  Fulton  street,  August  5,  1892. 
Zengel,   J.  W..  1706   Tchoupitoulas  street,  July  7, 
1893. 

Ord.  7995.  Yazoo  &  Mississippi  Yalley  Railroad  Company, 
Howard,  Freret,  Perdido  and  Poydras  streets, 
September  1.1893. 

Ord.  2910.  Young  Men's  Gymnastic  Club,  to  enlarge  steam 
plant.  Rampart,  Burgundy,  Bienville  and  Cus- 
tomhouse streets,  March  .31,  1894. 

Ord.  11,  425.  Young  Men's  Christian  Association  (50 H.  P.),  St. 
Charles  avenue,  between  Julia  and  St.  Joseph 
streets,  October  8,  1895. 


Ord. 

5098. 

Ord. 

6198, 

Ord. 

6582. 

Ord. 

7795. 

1024  STREETS,    SIDEWALKS   AND   GUTTERS. 

STREETS,  SIDEWALKS  &  GUTTERS. 

See  Offence. 

Regulating     That  Street  names  shall  be  placed  at  all  intersections. 

names   of  The  naming  of  streets  to  be  started  in  the  commercial 

ord.  ko.  7908,  portion  of  the  city,  and  to  be   extended  until  all  streets 

*Aug.  1, 1893.  in  the  inhabited  portion  of  the  city   are  provided   with 

names,  the  placing  of  the  names  to  be  done  at  the  rate 

of  not  less  than  one  (100)  hundred  intersections  per 

year. 

The  furnishing  and  placing  of  names  to  be  let  by  the 
city  of  New  Orleans  by  contract,  the  City  Council  to 
select  and  adopt  the  style  of  the  names  to  be  used.  The 
placing  of  names  to  be  done  according  to  specifications 
on  file  in  the  office  of  the  ("ity  Engineer. 

Art.  2704.  That  the  placing  of  these  names  is  not  to 
be  done  until  such  time  as  the  City  Council  has  arranged 
for  the  renaming  of  such  streets  as  now  have  duplicate 
names. 
Repealing     Art.  2705.  That  all  ordinances  or  parts  of  ordinances, 
lb.  in  conflict  with  the  provisions  of  the  foregoing  ordi 
nance  be  and  the  same  are  hereby  repealed. 
Destroying  street  signs,  see  offences. 

Ordinance  No.  7622,  C.  S..  authorizes  advertisement  for  bid& 
for  plates  for  street  names  at  intersections. 

Ordinance  No.  8618  accepts  bill  of  Burke  &  Gotten  under  Ordi- 
nance No.  7622,  C.  S. 

Change  of     Art.  2706.  That   the   sixth    (6th)   street   above    the 

"o?d?No.94u,  United  States  Barracks,  and  extending  from  the  river  to 

^  July  3, 1894.    Ne  Plus  Ultra  street,  in  the  Third  District,  which  is  now 

Aiabo,         known   as  Adams  street,  shall  be  hereafter  known  as 

Alabo  street. 
Alexander.  That  the  third  (3d)  street  toward  the  swamp  from 
Carrollton  avenue,  and  extending  from  the  New  Canal  to 
the  Metairie  road,  in  the  First  and  Second  Districts,  now 
known  as  Alexander  street,  shall  be  hereafter  known 
as  South  Alexander  street,  and  from  the  New  Canal  to 
Metairie  road  shall  be  hereafter  known  as  North  Alex- 
ander street. 
Kentucky.  That  the  third  (3d)  street  above  the  Convent  of  the 
Ursulines,  from  the  river  to  Metairie  road  in  the  Third 


STREETS,    SIDEWALKS   AND   GUTTERS. 


1025 


District,  now  known  as  Alexander   street,  shall  be  here- 
after known  as  Kentucky  street. 

That  the  first  (1st)  street  on  the  lake  side  of  Claiborne  Derbigny. 
street,  which  is  now  known  as  Bartholomew  street, 
which  street  is  the  prolongation  of  Derbig:ny  street,  and 
extending  from  Upperline,  Jefferson  City,  to  Calhoun 
street,  shall  hereafter  be  known  as  South  Derbigny 
street. 

That  the  short  street  below  Seguin  street,   extending    Bermuda, 
from  the  river  to  Eliza  street,  in  the  Fifth  District,  and 
now  known  as  Bartholomew  street,  shall  hereafter  be 
known  as  Bermuda  street. 

That  the  seventh  street  (7th)  on  the  lake  side  of  Car-  Bemadoue. 
roUton  avenue,  extending  from  the  New  Basin  to  Me- 
tairie  road,  and  known  as  Bernadotte  street,  shall  here- 
after be  known  as  North  Bernadotte  street,  between  Canal 
street  and  Metairie  road ;  and  South  Bernadotte  street, 
between  Canal  street  and  the  New  Basin. 

That  the    continuation    of    Upperline    street,    from    Protection. 
Twelfth  street  to  North  Line  street,  which  is  now  known 
as  Bernadotte  street,  shall  hereafter  be  known   as   Pro- 
tection street. 

That  the   third  street  west  of  the    Southern   Pacific    Whitney  ave. 
Railroad,  leading  from  the  river  to  the  parish  line.  Fifth 
District,  now  known  as  Canal  avenue,  be   and   the  same 
shall  hereafter  be  known  as  Whitney  avenue. 

That  the  second  street  above   the   Audubon  Park,  ex-    Audubon, 
tending   from   the   river   to   the   woods,   and  known  as 
Chestnut   or  Audubon   street,  be   and   the   same    shall 
hereafter  be  known  as  Audubon  street. 

That  the   fifth   street   west   of  the   Southern   Pacific    Beiieviiie. 
Railroad,  extending  from  the  river  to  the  woods.    Fifth 
District,  and  now  known  as  Chestnut  street,  be  and  the 
same  shall  hereafter  be  known  as  Belleville  street. 

That  the  second  street  north  of  Metairie  road,  leading    Emmett. 
from  the  City   Park  to   Bayou   St.    John,    Second  Dis- 
trict,   and   now  known  as  Clay  street,  be   and  the  same 
shall  hereafter  be  known  as  Emmett  street. 

That  the  twelfth  street  northwest  of  and  parallel  to    cherry. 
Carrollton  avenue,  extending  from  Upperline   to   North 


1026 


STREETS,    SIDEWALKS   AND   GUTTERS. 


Line  street,  Seventh  District,  and  now  known  as  Clay 
street,  be  and  the  same  shall  hereafter  be  known  as 
Cherry  street. 

Cherokee.  rpj^^t  the  sixth  Street  S.  E.  of  and  parallel  with  Car- 
roUton  avenue,  extending  from  the  river  to  Lowerline 
street.  Seventh  District,  and  now  known  as  Clinton 
street,  be  and  the  same  shall  hereafter  be  known  as 
Cherokee  street. 

Panola.  That  the  fifteenth  street  north  of  and  parallel  to  First 

street,  extending  from  Lowerline  to  Upperline  street, 
Seventh  District,  and  now  known  as  Cypress  street,  be 
and  the  same  shall  hereafter  be  known  as  Panola  street. 
(Which  is  the  name  of  the  extension  of  this  street  in 
Jefferson.) 

Mississippi.  That  the  fourth  street  southwest  of  and  parallel  to  St. 
Charles  avenue,  from  Lowerline  to  Burdette  street.  Sev- 
enth District,  and  now  known  as  DeArmas  street,  be 
and  the  same  shall  hereafter  be  known  as  Mississippi 
street. 

Diana.  That  the  fourth  street  south  of  Market  street,  extend- 

ing from  the  river  to  the  woods,  Fifth  District,  and  now 
known  as  Decatur  street,  be  and  the  same  shall  hereafter 
be  known  as  Diana  street. 

Douglas.  That  the  third  street  north  of  the  river,  and  extending 

from  Adams  street  to  the  United  States  Hospital,  Third 
District,  and  now  known  as  Delaronde  street,  be  and  the 
same  shall  hereafter  be  known  as  Douglas  street. 
.  N.  Dorgenois.  That  the  first  street  east  of  Broad  street,  extending 
from  Canal  street  to  lower  limits,  and  now  known  as 
North  Dolhonde  street,  be  and  the  same  shall  hereafter 
be  known  as  North  Dorgenois  street. 

s.  Dorgenois.  That  the  first  street  east  of  Broad  street,  extending 
from  Canal  street.  First  District,  to  Napoleon  avenue, 
Sixth  District,  and  now  known  as  South  Dolhonde 
street,  be  and  the  same  shall  hereafter  be  known 
South  Dorgenois  street. 

s.  Franklin.  That  the  fifteenth  street  west  of  the  river,  extending 
from  Canal  street.  First  District,  to  the  lower  line  of  the 
Foucher  tract,  Sixth  District,  now  known  as  Franklin 


STREETS,    SIDEWALKS   AND   GUTTERS. 


1027 


street,  and  formerly  St.  David  street,  shall  hereaftei*  be 
kuowii  as  South  Franklin  street. 

That  the  fifteenth  street  west  of  the  river,  extending    n.  Franklin. 
from  Canal  street  to  Carondelet   Walk,  Second  District, 
-now  known  as  Franklin   street,  be  and  the  same  shall 
hereafter  be  known  as  North  Franklin  street. 

That   the  fourth  street  east   of   the  river,  extending    Nuntz. 
from   Market  street   to  the  woods,    Fifth  District,  and 
now  known  as  Franklin  street,  be  and  the  same  shall 
hereafter  be  known  as  Nuntz  street. 

That  the  tenth  street  north  of  City  Park,  extending    Germain, 
from  Bayou  St.  John  to  Milne    street,  Second   District, 
and  now  known  as  Gaines   street,  be  and  the  same  shall 
hereafter  be  known  as  Germain  street. 

That  the  fifteenth  street,  north  of  St.  Charles  avenue,    General  Lee. 
extending  from  Walnut  to  Lowerline  street,  Sixth  Dis- 
trict, and  now  known  as  Gavoso  street,  be  and  the  same 
shall  hereafter  be  known  as  General  Lee  street. 

That  the  seventh  street  north  of  St.  Charles  avenue,  s.  Liberty, 
extending  from  Toledano  to  Calhoun  streets,  and  now 
known  as  Green  street,  be  and  the  same  shall  hereafter 
be  known  as  South  Liberty  street.  South  Liberty  street 
will  extend  from  Canal  street  to  Toledano  street,  in  the 
Sixth  District. 

That  the  fifth  street  east  of  the  river,  extending  from    Hermosa 
DeArmas  street  to  the  woods,    Fifth  District,  aad  now 
known  as  Hancock  street,  be  and   the   same   shall  here- 
after be  known  as  Hermosa  street. 

That  the  fourth  street  south  of  Felicity  road,  extend-  Jackson  ave. 
ing  from  the  river  until  it  intersects  with  the  tailrace 
of  the  Melpomene  Canal,  Fourth  District,  and  now 
known  in  part  as  Jackson  avenue  and  Jackson  street, 
be  and  the  same  shall  hereafter  be  known  as  Jackson 
avenue. 

That  the  wide  avenue  in  the  rear  of  the  Second  Dis-    chjimeite. 
trict,  extending  from  Milne  street  to  Bayou  St.  John, 
and  now  known  as  Jackson  avenue,  now  Van  Buren  ave- 
nue, be  and  the  same  shall  hereafter  be  known  as  Chal- 
mette  aventie. 

That  the  seventh  street   N.  W.  of   CarroUton   avenue 


1028 


STREETS,    SIDEWALKS   AND    GUTTERS. 


Generaiogden,  extending  from  the  river  to  the  New  Canal,  and  now 
known  as  Jackson  street,  be  and  the  same  shall  here- 
after be  known  as  General  Ogden  street,  and  will  ex- 
tend from  the  river  to  Canal  street. 

River.  That  the  first  Street  east  of  the  river,  extending  from 

Market  street  to  the  woods,  Fifth  District,  and  now 
known  as  Jefferson  street,  be  and  the  same  shall  here- 
after be  known  as  River  street. 

joiiet.  That  the  sixth  street  N.  W.    of  and  parallel  to  Car- 

rollton  avenue,  extending  from  the  river  to  the  woods. 
Seventh  District,  and  now  known  as  Jefferson  street,  be 
and  the  same  shall  hereafter  be  known  as  Joiiet  street. 

japonica.  That  the  twenty-first  street  east  of  Lafayette  avenue, 

extending  from  the  river  to  the  woods.  Third  District, 
and  now  known  as  Josephine  street,  be  and  the  same 
shall  hereafter  be  known  as  Japonica  street. 

Pontaiba,  That  the  first  street  north  of  the  river,  and  extending 

from  Decatur  street  to  the  United  States  Hospital,  Third 
District,  and  now  known  as  Jumonville  street,  be  and 
the  same  shall  hereafter  be  known  as  Pontaiba  street. 

Lainarque.  That  the  sixth  Street  south  of  Market  street,  extend- 
ing from  the  river  to  the  woods.  Fifth  District,  now 
known  as  Lapeyrouse  street,  be  and  the  same  shall 
hereafter  be  known  as  Lamarque  street. 

Dante.  That  the  second  street  northwest  of  and  parallel  with 

Carrollton  avenue,  extending  from  the  river  to  the 
parish  boundary.  Seventh  street,  now  known  as  Madi- 
son street,  be  and  the  same  shall  hereafter  be  known  as 
Dante  street. 

Brooklyn  ave.  That  the  sccoud  Street  east  of  the  river,  extending 
from  the  river  to  the  woods.  Fifth  District,  now  known 
as  Madison  street,  be  and  the  same  shall  hereafter  be 
known  as  Brooklyn  avenue. 

That  the  fifth  street  north  of  the  river,  extending  from 
Walnut  street  to  Lowerline  street.  Sixth  District,  now 
known  as  Market  street,  be  and  the  same  shall  hereafter 
be  known  as  Meadow  street. 

That  the  third  street  south  of  Patterson  street,  extend- 
ing from  the  river  to  the  woods.  Fifth  District,  and  now 


Meadow. 


Opelousas  ave. 


STREETS,    SIDEWALKS   AND   GUTTERS. 


1029 


known  as  Market  street,  be  and  the  same  shall  hereafter 
be  known  as  Opelousas  avenue. 

That  the  two  streets,  extending  on  either  side  of  the  n.  ami  s.  Dia- 
St.  Mary's  Market,  extending  from  Tchoupitoulas  street    "^°^  ' 
to   the  river.  First   District,  and   known   as  North  and 
South  Market  streets,  be  and  the   same   shall   hereafter 
be  known  as  North  and  South  Diamond  street. 

That  the  fourth  street  west  of  the  U.  S.  Barracks,  ex-    Tupelo, 
tending  from  the  river  to  the  woods,  and  now  known  as 
Monroe  street,  in  the   Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Tupelo  street. 

That  the  third  street  east  of  the  river  extending  from    Teche. 
Market  street  to  the  limits.  Fifth  District,  and  now  known 
as  Monroe  street,  be   and   the   same  shall  hereafter  be 
known  as  Teche  street. 

That  the  ninth  street  west  of  Hagan  avenue,  extend-  s  Hennessey, 
ing  from  Canal  street  to  New  Basin  Canal,  First  District, 
and  now   known   as   Napoleon  street,  be  and  the  same 
shall  hereafter  be  known  as  South  Hennessey  street. 

That  the  ninth  street  west  of  Hagan  avenue,  extend-  n.  Hennessey 
ing  from  Canal  street  to  Metairie  Ridge,  Second  District, 
and  now  known  as   Napoleon  street,  be  and  the  same 
shall  hereafter  be  known  as  North  Hennessey  street. 

That  the  second  street  north  of  the  Fair  Grounds,  ex-    serantine 
tending  from  Bayou  St.  John   to    St.  Bernard  avenue, 
Second  District,  and  now   known   as  Nelson  street,  be 
and  the  same  shall  hereafter   be   known  as    Serantine 
street. 

That  the  sixth  street  north  of  St.  Charles  avenue,  oai^s. 
extending  from  Walnut  street  to  Lowerline  street,  Sixth 
District,  and  now  known  as  Oaks  street,  be  and  the 
same  shall  hereafter  be  known  as  Oaks  street,  and  this 
street  will  extend  from  the  upper  line  of  the  Foucher 
tract  in  the  Sixth  District  to  the  upper  protection  levee 
in  the  Seventh  District,  and  the  continuation  of  this 
street  from  Lowerline  street  to  the  upper  protection 
levee,  which  is  now  known  as  Fourth  street,  will  here- 
after be  known  as  Oaks  street. 

That  the  triangular  street  extending  from  Orleans  to    orchid. 
Broad  street,  in  the  rear  of  the  Second  District,  and  now 


1030 


STREETS,    SIDEWALKS   AND   GUTTERS. 


known  as  Oak  street,  be  and  the  same  shall  hereafter  be 
known  as  Orchid  street. 

Clyde.  That  the  first  street  south  of  Market,  extending  from 

Bonny  to  Moss  street,  Fifth  District,  and  now  known  as 
Octavia  street,  be  and  the  same  shall  hereafter  be  known 
as  Clyde  street. 
General  Hood.  That  the  first  Street  toward  the  river  from  Wall  street, 
extending  from  Audubon  Park  to  the  river,  Seventh 
District,  now  known  as  Oliver  street,  be  and  the  same 
shall  hereafter  be  known  as  General  Hood  street. 

Pelican  ave.  That  the  sccoud  strcct  south  of  Canal  street  ferry 
landing,  extending  from  the  river  to  Sumner  street. 
Fifth  District,  and  now  known  as  Peter  street,  be  and 
the  same  shall  hereafter  be  known  as  Pelican  avenue. 

Eve.  That  the  first  street  southwest  of  Melpomene  street, 

extending  from  Hagan  avenue  to  Broad  street,  now 
known  as  Terpsichore  street,  be  and  the  same  shall 
hereafter  be  known  as  Eve  street. 

Eden.  That  the  second  street  southwest  of  Melpomene  street, 

extending  from  Hagan  avenue  to  Broad  street,  and  now 
known  as  Euterpe  street,  be  and  the  same  shall  hereaf- 
ter be  known  as  Eden  street. 

Elba.  That  the  third  street  southwest  of  Melpomene  street, 

extending  from  Hagan  avenue  to  Broad  street,  and  now 
known  as  Polynmia  street,  be  and  the  same  shall  here- 
after be  known  as  Elba  street. 

Elk.  That  the  fourth  street  southwest  of  Melpomene  street. 

extending  from  Hagan  avenue  to  Broad  street,  and  now 
known  Urania  street,  be  and  the  same  shall  hereafter  be 
known  as  Elk  street. 

Vincent.  That  the  fifth  street  southwest   of   Melpomene  street . 

extending  from  Hagan  avenue  to  Broad  street,  and  now 
known  as  Gasquet  street,  be  and  the  same  shall  hereafter 
be  known  as  Vincent  street. 

Moss.  That   the  street   paralleling  the   Bayou  St.  John,   ex- 

tending from  Carondelet  Walk  to  Esplanade  street.  Sec- 
ond District,  and  now  known  as  Port  street,  be  and  the 
same  shall  hereafter  be  known  as  Moss  street. 

seima.  That  the  second  street  north  of   Monroe  avenue,  ex- 

tending from  People's  avenue  to  Bayou  St.  John,   Third 


STREETS,    SIDEWALKS   AND   GUTTERS. 


1031 


District,    and  now  known  as  Socrates  street,  be  and   the 
same  shall  hereafter  be  known  as  Selma. 

That  the  eighth  street  south  of  and  parallel  with  Mon- 
roe avenue,  extending  from  Bayou  St.  John  to  People's 
avenue,  Third  District,  and  now  known  as  Solon  street, 
be  and  the  same  shall  hereafter  be  known  as  Senate 
street. 

That  the  second  street  east  of  Elysian  Fields  street, 
extending  from  the  junction  of  Royal  and  Kerlerec  street 
to  the  lake,  Third  District,  and  now  known  as  Union 
street,  be  and  the  same  shall  hereafter  be  known  as 
Touro  street. 

That  the  street  adjacent  to  the  upper  protection  levee, 
extending  from  the  river  to  North  Line  street,  Seventh 
District,  now  known  as  Upperline  street,  be  an.d  the 
same  shall  hereafter  be  known  as  Protection  street. 

That  the  fourth  street  east  of  Elysian  Fields  street, 
extending  from  Decatur  street  to  the  lake,  Third  District, 
and  now  known  as  Washington  street,  be  and  the  same 
shall  hereafter  be  known  as  St.  Roche  avenue. 

That  the  first  street  east  of  Esplanade  street,  extend- 
ing from  Broad  street  to  the  Bayou  St.  John,  Second 
and  Third  Districts,  and  now  known  as  Washington 
street,  be  and  the  same  shall  hereafter  be  known  as 
Roquette  street. 

That  the  first  street  north  of  St.  Charles  avenue, 
extending  from  Walnut  to  Lowerline  street.  Sixth  Dis- 
trict, and  now  known  as  Washington  street,  be  and  the 
same  shall  hereafter  be  known  as  Hampson  street,  this 
street  being  the  continuation  of  an  existing  street  now 
known  as  Hampson  street. 

That  the  fifth  street  west  of  the  Morgan's  Louisiana    wagner. 
&  Texas  Railroad,    extending  from    the   river    to    the 
woods,  Fifth  District,  now  known  as  Washington  street, 
be  and  the  same  shall  hereafter  be  known  as  Wagner 
street. 

That  the  second  street  southeast  of  and  parallel  with    Fern. 
CarroUton  avenne.  Seventh  District,  extending  from  the 
river  to   the   New   Basin   Canal,    and   now    known   as 
Washington  street,  be  and  the  same  shall  hereafter  be 
known  as  Fern  street. 


St.  Roche  aye. 


Roquette. 


Hampson. 


1032  STREETS,    SIDEWALKS   AND    GUTTERS. 

St.  Charles  That  the  continuation  of  St.  Charles  avenue  from  Car 
rollton  avenue  to  the  river,  Seventh  District,  now 
officially  known  as  First  street,  be  and  the  same  shall 
hereafter  be  known  as  St.  Charles  avenue. 

Maple.  That  the  street  between  Hampson  and  Burthe  streets, 

extending  from  the  river  to  Foucher  street.  Seventh  Dis- 
trict, now  known  as  Second  street,  be  and  the  same  shall 
hereafter  be  known  as  Maple  street. 

Elm.  That  the  street  between  Burthe  and  Zimple  streets, 

Seventh  District,  extending  from  the  river  to  the  Foucher 
tract,  now  known  as  Third  street,  be  and  the  same  shall 
hereafter  be  known  as  Elm  street. 

Oaks,  That  the  street  between   Zimple   and   Plum   streets, 

Seventh  District,  extending  from  the  upper  protection 
levee  .to  Lowerline  street,  now  known  as  Fourth  street, 
be  and  the  same  shall  hereafter  be  known  as  Oaks 
street,  and  this  street  will  extend  from  the  upper  pro- 
tection levee  to  Foucher  street. 

Poplar.  That  the  street  between  Plum   and  Jeanette  streets, 

Seventh  District,  extending  from  the  upper  protection 
levee  to  Lowerline  street,  now  known  as  Fifth  street, 
and  the  continuation  of  this  street  from  Lowerline  street 
to  the  upper  boundary  of  the  Foucher  tract,  now  known 
as  Warren  street,  be  and  the  same  shall  hereafter  be 
known  as  Poplar  street. 

Birch.  That  the  street  between  Jeanette  and   Green  streets. 

Seventh  District,  extending  from  the  upper  protection 
levee  to  Lowerline  street,  now  known  as  Sixth  street, 
and  the  continuation  of  this  street  from  Lowerline 
street  to  the  upper  boundary  of  the  Foucher  tract,  now 
known  as  Wandorf  street,  be  and  the  same  shall  here- 
after be  known  as  Birch  street. 

Hickory.  That  the   street  between   Green    and   Cohen   streets, 

Seventh  District,  extending  from  the  upper  protection 
levee  to  Lowerline  street,  now  known  as  Seventh  street, 
and  the  continuation  of  this  street  from  Lowerline  street 
to  the  upper  boundary  of  the  Foucher  tract,  now  known 
as  Sauve  street,  be  and  the  same  shall  hereafter  be 
known  as  Hickory  street. 

That  the  street  between   Cohn   and   Cypress   streets. 


STREETS,    SIDEWALKS   AND    C4UTTERS. 


1033 


I 


Seventh  District,  extending  from  the  upper  protection  Spruce, 
levee  to  Lowerliue  street,  now  known  as  Eighth  street, 
and  the  continuation  of  this  street  from  Lowerline  street 
to  the  upper  boundary  of  the  Foucher  tract,  now  known 
as  Miro  street,  be  and  the  same  shall  hereafter  be  known 
as  Spruce  street. 

That  the  street  between  Cypress  and  Napoleon  street,    sycamore. 
Seventh  District,  extending  from  the  upper  protection 
levee  to  Lowerline  street,  be  now  known  as  Sycamore 
street. 

That  the   fifth  street  north  of   Claiborne   street,    ex-    Gram, 
tending  from  St.   Bernard   avenue   to   lower   limits   of 
city.  Third  District,  now   known   as  Genius   street,    be 
and  the  same  shall  hereafter  be  known  as  Grant  street. 

That  the  first  street  east  of  Franklin   avenue,  extend-    Eads. 
ing  from  Lafayette  avenue  to  the  lake.    Third    District, 
and  now  known  as  Hunters  street,  be  and  the  same  shall 
hereafter  be  known  as  Ead  streets. 

That  the  short  street  on  the  prolongation    of   Camp  camp  pia:e, 
street,  extending  from  Felicity   road  to  its  intersection 
with  Magazine   street  at   St.   Andrew   street,  and  now 
known  as  Old  Camp  street,  be  and  the  same  shall  here- 
after be  known  as  Camp  Place. 

That  the  short  street  on  the  prolongation  of  Magazine     Magazine 
street,  extending  from  Felicity  road  to  St.  Mary  street, 
and  now  known  as  Old  Magazine  street,  be  and  the  same 
shall  hereafter  be  known  as  Magazine  Place. 

That  all  streets  bearing  the  same  name  which  cross  Prefixes  Xonh 
Canal  street  have  prefixed  to  their  names  the  words 
North  and  South,  the  street  on  the  south  or  upper  side 
of  Canal  street  to  have  the  word  South  prefixed,  and 
those  on  the  lower  or  north  side  of  Canal  street  to  have 
the  word  North  prefixed  before  the  name. 

That  the  continuation  of  South  Rampart  street,  from    s.  Rampart. 
Harmony  to  State  street,  formerly  St.  Denis  street,  be 
and  the  same  shall  hereafter  be  known  as  South  Ram- 
part street. 

That  the  continuation  of  Franklin  street,  from  Felicity    s.  irankiin. 
road  to  the  lower  line  of   the  Foucher  tract,  and  form- 
erly St.  David  street,  be  and  the  same  shall  hereafter  be 
known  as  South  Franklin  street. 


1034 


STREETS,    SIDEWALKS   AND   GUTTERS. 


Liberty. 


Magnolia. 


Morgan, 


Appollonia, 


Saratoga. 


That  the  continuation  of  South  Liberty  street,  from 
Toledano  street  to  the  lower  line  of  the  Foucher  tract, 
and  now  known  as  Green  street,  be  and  the  same  shall 
hereafter  be  known  as  South  Liberty  street. 

That  the  continuation  of  Howard  street,  from  Tole- 
dano street  to  the  lower  line  of  the  Foucher  tract,  and 
now  known  as  St.  George  street,  be  and  the  same  shall 
hereafter  be  known  as  Howard  street. 

That  the  continuation  of  Freret  street,  from  Peters 
avenue  to  the  lower  line  of  the  Foucher  tract,  and  now 
known  as  Long  street,  be  and  the  same  shall  hereafter 
be  known  as  Freret  street. 

That  the  continuation  of  Magnolia  street,  from  Peters 
avenue  to  Audubon  Park,  and  now  known  as  Victor 
street,  be  and  the  same  shall  hereafter  be  known  as 
Magnolia  street. 

That  the  continuation  of  Clara  street,  from  Peters 
avenue  to  the  lower  line  of  the  Foucher  tract,  and  now 
known  as  Leonie  street,  be  and  the  same  shall  hereafter 
be  known  as  Clara  street. 

That  the  continuation  of  Willow  street,  from  Peters 
avenue  to  the  lower  line  of  the  Foucher  tract,  and  now 
known  as  Henry  street,  be  and  the  same  shall  hereafter 
be  known  as  Willow  street. 

That  Villere  street,  in  the  Fifth  District,  shall  here- 
after be  known  as  Morgan  street. 

That  Architect  street,  in  the  Seventh  District,  be  and 
the  same  shall  hereafter  be  known  as  Appollonia. 

That  Basin  street,  now  South  Basin  street,  in  the 
First  and  Fourth  Districts,  from  Calliope  to  Toledano 
street,  and  formerly  known  as  White  street  from 
Calliope  street  to  Felicity  street,  be  and  the  same  shall 
hereafter  be  known  as  Saratoga  street. 

That  St.  Patrick  street,  Sixth  District,  from  Toledano 
street  to  the  lower  limits  of  the  Foucher  tract,  the  con- 
tinuation of  South  Basin  street,  be  and  the  same  shall 
hereafter  be  known  as  Saratoga  street. 

That  Church  street,  Fifth  District,  be  and  the  same 
shall  hereafter  be  known  as  Kent  street. 


STREETS,    SIDEWALKS   AND   GUTTERS. 


I03r 


That  Dryden  street,  Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Dinsraore  street. 

That  Calhoun  street.  Sixth  District,  extending  from 
St.  Charles  street  to  the  woods,  sometimes  called  Ed- 
mund street,  be  and  the  same  shall  hereafter  be  known 
as  Calhoun  street. 

That  Elysian  Fields  street.  Third  District,  be  and  the 

same  shall  hereafter  be  known  as  Elysian  Fields  avenue. 

.  That  Foucher  street,   First  District,   commencing  at 

Poydras  street,  be  and  the  same  shall  iiereafter  be  known 

as  Constance  street. 

That  Hospital  street,  Second  District,  now  extending 
from  the  river  to  Rampart  street,  be  extended  to  Clai- 
borne street  and  thence  to  the  lake. 

That  Bayou  road.  First  District,  from  Rampart  street 
to  Claiborne  street,  be  and  the  same  shall  hereafter  be 
known  as  Hospital  street;  Bayou  road  to  begin  at  Clai- 
borne street. 

That  Jackson  street.  Fifth  District,  be  and  the  same 
shall  hereafter  be  known  as  Slidell  avenue. 

That  Jeanna  street,  Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Alvar  street. 

That  Boudousquie  street,  Jeannette,  Sixth  District,  be 
and  the  same  shall  hereafter  be  known  as  Garfield 
street. 

That  Leonidas  street,  Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Lombard  street. 

That  Livingston  street.  Third  District,  be  and  the 
same  shall  hereafter  be  known  as  Mandolin  street. 

That  Martin  street.  First  District,  be  and  the  same 
shall  hereafter  be  known  as  Willow  street. 

That  Milton  street,  Seventh  District,  be  and  the  same 
shall  hereafter  be  known  as  Meteor  street. 

That  Monroe  avenue.  Second  District,  first  street  in 
rear  of  City  Park,  be  and  the  same  shall  hereafter  be 
known  as  Mound  avenue. 

That  Pearl  street.  First  District,  be  and  the  same 
shall  hereafter  be  known  as  Poe  street. 

That  Philip  street.  Second  District,  be  and  the  same 
shall  hereafter  be  known  as  Mermet  street. 


Dinsmore, 


Elysian  Fields 
avenue. 


Hospital. 


Hospital. 
Bavou  Road. 


Mound  ave. 


Poe. 
Mermet. 


1036 


STREETS,    SIDEWALKS   AND   GUTTERS. 


S.   H  aga  n 
avenue. 


Ursulines  ave, 


Bienville  ave. 


Sumpter. 


Apple. 


Apricot. 


Fig. 


Palmetto. 


That  Petre  street,  Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Dubreuil  street. 

That  Pope  street,  Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Home  street. 

That  Possini  street,  Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Rosalind  street. 

That  St.  John  avenue,  First,  Fourth  and  Sixth  Dis- 
tricts, be  and  the  same  shall  hereafter  be  known  as 
South  Hagan  avenue. 

That  Solomon  street,  Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Safrano  street. 

That  Ursulines  street,  Second  District,  from  Clai- 
borne street  to  Bayou  St.  John,  be  and  the  same  shall 
hereafter  be  known  as  Ursulines  avenue. 

That  Bienville  street.  Second  District,  from  Claiborne 
street  to  Metairie  road,  be  and  the  samfe  shall  hereafter 
be  known  as  Bienville  avenue. 

That  Virginius  street,  Third  District,  be  and  the  same 
shall  hereafter  be  known  as  Sumpter  street. 

That  Tenth  street.  Seventh  District,  be,  and  the  same 
shall  hereafter  be  known  as  Mobile  street. 

That  Eleventh  street,  Seventh  District,  be  and  the 
same  shall  hereafter  be  known  as  Apple  street. 

That  Twelfth  street,  Seventh  District,  be  and  the  same 
shall  hereafter  be  known  as  Apricot  street. 

That  Thirteenth  street.  Seventh  District,  be  and  the 
same  shall  hereafter  be  known  as  Fig  street. 

That  Fourteenth  street,  Seventh  District,  be  and  the 
same  shall  hereafter  be  known  as  Oleander  street. 

That  Fifteenth  street.  Seventh  District,  be  and  the 
same  shall  hereafter  be  known  as  Olive  street. 

That  Sixteenth  street,  Seventh  District,  be  and  the 
same  shall  hereafter  be  known  as  Palm  street. 

That  Seventeenth  street.  Seventh  District,  be  and  the 
same  shall  hereafter  be  known  as  Palmetto  street. 

That  Eighteenth  street.  Seventh  District,  be  and  the 
same  shall  hereafter  be  known  as  Peach   street. 

That  Nineteenth  street.  Seventh  District,  be  and  the 
same  shall  hereafter  be  known  as  Pear  street. 


STREETS,    SIDEWALKS  AND   GUTTERS. 


1037 


Fuller. 


Republic. 

Arthur. 

Voison. 
Freeman. 


That  Twentieth  street,  Seventh   District,  be    and  the    Quince, 
same  shall  hereafter  be  known  as  Quince  street. 

That  Napoleon  street,  Seventh   District,  be   hereafter    Nerow. 
known  as  Nerow  street. 

That  Penn  street,  Fifth  District,  twelfth  street  south 
of  Patterson,  be  hereafter  known  as  Fuller  street. 

That  Louisie  street.  Seventh  District,  be  hereafter 
known  as  Irma  street. 

That  Warsaw  street.  Third  District,  be  hereafter 
known  as  Republic  street. 

That  Calhoun  street,  Second  District,  north  of  Metairie 
Rid^e,  change  to  Arthur  street. 

That  Webster  street,  in  Second  District,  north  of  Me- 
tairie road,  be  hereafter  known  as  Voison  street. 

That  Genois  street,  second  street  south  of  Lake,  be 
hereafter  known  as  Freeman  street. 

That  DeArmas  street,  in  rear  of  Sixth  District,  ex- 
tending from  St.  John's  avenue  to  State  street,  be  here- 
after known  as  Grape  street. 

That  Livaudais  street.  Third  District,  be  hereafter 
known  as  Buchanan  street. 

That  Locust  street,  the  sixth  street  west  of  Rampart 
street,  extending  from  Tulane  avenue  to  State  street,  be 
and  the  same  shall  hereafter  be  known  as  South  Robert- 
son street. 

That  Breslow  street,  Sixth  District,  the    continuation    s.  Robertson, 
of  Locust  street,  be   and  the   same   shall   hereafter  be 
known  as  South  Robertson  street. 

That  Rousseaux  street.  Seventh  District,  seventeenth    ross. 
street  from  the  river,  commencing   at  Upperline  street, 
Seventh  District,  be  and  the   same   shall   hereafter  be 
known  as  Ross  street. 

That   St.  John   street,   from   junction    of   Esplanade    Beii. 
avenue   and   Broad   street,  west    to    Bayou   St.    John, 
Second  District,  that  the  same  shall  hereafter  be  known 
as  Bell  street. 

That  New  St.  Bernard  street,  the  sixth  street  west  of 
Pontchartrain  Railroad,  from  St.  Bernard  avenue  to 
Lake,  Third  District,  be  and  the  same  shall  hereafter 
be  known  as  Allen  street. 


Grape. 


S.  Robertson. 


Allen. 


1038  STREETS,    SIDE\YALKS   AND    GUTTERS. 

Camp  street.      Art.  2707,  That  between    Race   and   Felicity  Road 
c.'s,  ■    '^   'the  street  on  either  side  of  Camp  street  canal  shall  be 
'  "^  *  known  as  Camp  street,  and  the  canal  and  the  space  not 
occupied  by  the  street  on  either  side  of  same  shall  be 
known  as  a  neutral  ground,  and  the  cost  of  the  paving 
on   either  side  of  Camp  street,  between  Felicity  Road 
and   Race   street,   be  as  prescribed  by  law  on  streets 
where  neutral  ground  exists, 
ground"  Camp     ^^T.  2708.  That  thc    Camp    street    canal    and    the 
stieet.         ^^  ground  not  occupied  as  a  street  on  either  side  of  same, 
between  Clio  and  Melpomene  streets,  be  and  is  hereby 
designated   as  a  neutral  ground  and  the  proportion   of 
the  cost  of  paving  of  Camp  street  and   Coliseum  street, 
between   Melpomene   and  Clio  streets,   shall  be  in  ac- 
cordance  with   law   regulating   streets    where    neutral 
ground  exists, 
clause.^ '^  '"^     Art.  2709.  That  any   or  all  ordinances  or  parts  of 
"ordinances   in  conflict  with  the  provisions  of  this  or- 
dinance be  f'^nd  the  same  are  hereby  repealed, 
stree?^^  Spuei     Art.  2710.  (1)  That  f rom  and  after  the  passage  of  this 
*^"^rd!"No.  395,  ordinance,  the  streets  of  the  First  and  Fourth   Districts 
^'  ®'  parallel  to  the  river  shall  have  the  same  names,  starting 

from  Canal  street  and  extending  to  the  upper  limits  of 
the  city,  and  the  streets  in  the  Second  and  Third  Dis- 
tricts shall  have  the  same  names,  starting  from  Canal 
street  and  extending  to  the  lower  limits  of  the  city,  in 
the  following  manner,  to-wit : 

IN   THE   FIRST  AND   FOURTH   DISTRICTS. 

Change  of     Art.  2711.  (2)  Ncw  Lcvcc  and  Levee  streets  shall  be 

names  of  cer-  ^     ' 

tain  streets  kuowu  as  New  Lcvcc  strcct. 

in  First  and 

teicts!^  ^'^  Religious  and  Bellechasse  streets  shall  be  known  as 
Religious  street. 

St.  Thomas,  St.  John  Baptist,  Bellegarde  and  Fulton 
streets  shall  be  known  as  St.  Thomas  street. 

Pacanier,  Soubie  and  Chippewa  streets  shall  be  known 
as  Chippewa  street. 

Annunciation,  Elizabeth  and  Jersey  streets  shall  be 
known  as  Annunciation  street. 


i 


STREETS,    SIDEWALKS   AND    GUTTERS.  1039 

St.  Michael  aud  Laurel  streets  shall  be  known  as  Lau- 
rel street. 

Constance,  St.  Azelie,  Live  Oak  and  Foucher  streets 
shall  be  known  as  Constance  street. 

Camp,  Coliseum  and  Liberal  streets  shall  be  known 
as  Camp  street. 

Tainturier,  and  Chestnut  streets  shall  be  known  as 
Chestnut  street. 

Coliseum,  Ursule  and  Plaquemine  streets  shall  be 
known  as  Coliseum  street. 

St.  Charles  and  Nayades  streets  shall  be  known  as  St. 
Charles  street. 

CarondeJet  and  Apollo  streets  shall  be  known  as 
Carondelet  street. 

Baronne  and  Bacchus  streets  shall  be  known  as  Ba- 
ronne  street. 

Phillippi  and  Dryades  streets  shall  be  known  as  Dry- 
ades  street. 

Circus,  Hercules  and  Rampart  streets  shall  be  known 
as  Rampart  street. 

St.  John,  White  and  Basin  streets  shall  be  known  as 
Basin  strfeet. 

Franklin,  St.  Peter  and  Benton  streets  shall  be  known 
as  Franklin  street. 

Treme,  St.  Paul  and  Liberty  streets  shall  be  known 
as  Liberty  street. 

Girod,  Cedar  and  Howard  streets  shall  be  known  as 
Howard  street. 

Freret,  Pine  and  Jacob  streets  shall  be  known  as  Fre- 
ret  street. 

St.  Mary,  Locust  and  Solace  streets  shall  be  known  as 
Locust  street. 

St.  Marc,  Magnolia  and  Maunsel  streets  shall  be 
known  as  Magnolia  street. 

St.  Magdeline,  Vine  and  Clara  streets  shall  be  known 
as  Clara  street. 

St.  Adeline,  Willow  and  Martm  streets  shall  be  known 
as  Willow  street. 

White  and  Sixth  streets  shall  be  known  as  White 
street. 


1040  STREETS,    SIDEWALKS   AND   GUTTERS. 

Dupre  and  Fifth  streets  shall  be  known  as  Dupre 
street. 

Gayoso  and  Fourth  streets  shall  be  known  as  Gayoso 
street. 

Salcedo  and  Van  Buren  streets  shall  be  known  as 
Salcedo  street. 

Lopez  and  Third  streets  shall  be  known  as  Lopez 
street. 

Rendon  and  Second  streets  shall  be  known  as  Rendon 
street. 

Hagan  avenue  and  St.  John  avenue  shall  be  known  as 
Hagan  avenue. 

Clark  and  Violet  streets  shall  be  known  as  Clark 
street. 

Genois  and  Lemon  streets  shall  be  known  as  Genois 
street. 

Telemachus  and  Mulberry  streets  shall  be  known  as 
Mulberry  street. 

St.  John  and  St.  Peter  streets  shall  be  known  as  Scott 
street. 

St.  James  and  Marley  streets  shall  be  known  as  Pierce 
street. 

Tiilane  Avenue  and  Cleveland  Street. 

Common,     Art.  2712.  (1)  That  Common  street,  from   Baronne 

Ga^squet^  to'beStreet  back  to  cemeteries  and  Banks  street,  to  its  inter- 

ciev°eun'd  st.''^  sectiou  with  Galvez  street,  be  hereafter  known  as  Tulane 

^ord.  No.  '78i.g^yg^^g^  g^jj^  ^jj^^  Gasquet  street,  from  Claiborne  street 

May  i8,  i886.  |^^g-|j^  to   cemetcries,  bc   hereafter   known  as  Cleveland 

street. 
Assessors  io  Art.  2713.  (2)  That  for  the  purposc  of  Carrying  thesc 
f hYu '^sles's"  changes  into  effect  the  assessors  be  requested,  author- 
men  ro  s.  .^^^  ^^^  directed  to  make  the  necessary  changes  on  the " 
Placing  name  assessment  roll,  and  that  the  property  owners  on  both 
houses  °renum-  Said  streets  be  authorized  and  empowered  to  place  suit- 
''^'^*^'  able  signs  on  the  corners  of  said  streets,  as   well  as  to 

have  their  properties  renumbered  under  the  supervision 
and  direction  of  the  City  Surveyor,  provided  all  the 
changes  contemplated  herein  be  carried  into  effect  with- 
out any  cost  to  the  city. 


STREETS,    SIDEWALKS   AND   GUTTERS.  1041 

Art.  2714.  Whereas,  the  street  known  and  designated    Miss    Anme 

'  Howard. 

as  Delord  street  from  the  levee  to  Camp,  Delord,  Triton  ord.No.  2446, 
Walk  and  from  Camp  street  to  the  New  Basin  as  Triton 
Walk  should,  to  prevent  confusion,  be  known  through 
its  entire  length  by  the  same  designation.  Miss  Annie 
Howard  has  purchased  ground  on  said  street  at  its  in- 
tersection with  Camp  street  for  the  purpose  of  erecting 
and  endowing  a  Free  Library  thereon.  Such  a  display 
of  public  spirit  should  be  recognized. 

Art.  2715.  (1)  That  the  street  now  known  as  Delord    Howard  ave. 
and  Triton  Walk  be  and  they  shall  hereafter  be  known 
and  designated  as  Howard  avenue,  and  the  proper  de- 
partment shall  take    immediate    steps  to  change  the 
street  corner  designations  to  conform  herewith. 

IN   the    SECOND   AND   THIRD    DISTRICTS. 

Art.  2716.  (3)  Public  Road  and  Levee  street  shall  be  changes  of 

names  in   Sec- 

known  as  New  Levee  street.  "nd  and  Third 

Old  Levee  and  Victory  streets  shall  be  known  as  Levee    «•  s.  .^95- 

•^  Nov.  1852. 

street. 

Chartres,  Conde  and  Victory  streets  shall  be  known  as 
Chartres  street. 

Royal  and  Casacalvo  streets  shall  be  known  as  Royal 
street. 

Bourbon  and  Bagatelle  streets  shall  be  known  as 
Bourbon  street. 

Dauphin  and  Greatmen  streets  shall  be  known  as 
Dauphin  street. 

Burgundy  and  Craps  streets  shall  be  known  as  Bur- 
gundy street. 

Rampart  and  liove  streets  shall  be  known  as  Rampart 
street. 

St.  Claude  and  Goodchildren  streets  shall  be  known 
as  St.  Claude  street. 

Marais,  Blanche  and  Morales  streets  shall  be  known  as 
Marais  street. 

Villere  and  Girod  streets  shall  be  known  as  Villere 
street. 

Robertson  and  St.  John  Baptist  streets  shall  be  known 
as  Robertson  street. 


I 


1042  STREETS,    SIDEWALKS  AND   GUTTERS. 

Claiborne  and  St.  Avid  streets  shall  be  known  as 
Claiborne  street. 

Derbigny  and  Prosper  streets  shall  be  known  as 
Derbigny  street. 

Johnson  and  Liberal  streets  shall  be  known  as  John- 
son street. 

Dorgenois  and  Magistrate  streets  shall  be  known  as 
Dolhonde  street. 

Sixth  and  White  streets  shall  be  known  as  White 
street. 

Dupre  and  Fifth  streets  shall  be  known  as  Dupre 
street. 

Gayos6  and  Fourth  streets  shall  be  known  as  Gayoso 
street, 

Salcedo  and  Van  Buren  streets  shall  be  known  as  Sal- 
cedo  street. 

Lopez  and  Third  streets  shall  be  known  as  Lopez 
street. 

Rendon  and  Second  streets  shall  be  known  as  Rendon 
street. 

Hagan  avenue  and  First  street  shall  be  known  as 
Hagan  avenue. 

That  the  following  streets,  perpendicular  to  the  river, 
shall  be  known  as  follows,  to- wit : 

IN   THE   FIRST   i)ISTRICT. 

Changes  o  f  Art,  2717.  (4)  Roffiguac,  Josephine,  Basin,  Prytania 
5eS>end?cuilrWalk  and  Terpsichore  streets  shall  be  known  as  Terp- 
*°"^"-      lb.  sichore  street. 

Edward  and  Melpomene  streets  as  Melpomene  street. 
Benjamin,  Estelle  and  Thalia  streets  as  Thalia  street. 
Suzette,  Melicerte  and  Erato  streets  as  Erato  street. 
Gaiennie  and  Bartholomew  streets  as  Gaiennie 
street. 

Louisa,  Duplantier  and  Calliope  streets  as  Calliop'1 
street. 

Delord  and  Fulton  Walk  as  Delord  street. 
Girod  street  shall  be  known  as  Broom  street.     (Re-i 
changed  to  Girod  street  by  City  Ordinance  No.  1682.) 


STREETS,    SIDEWALKS   AND   GUTTERS.  1043 

Julia  street  and  Florida  Landing  as  Julia  street. 
Lafayette  and  Hevia  streets  as  Lafayette  street. 
Jackson  street  shall  be  known  as  Gasquet  street. 

IN   THE    THIRD   DISTRICT. 

Art.  2718.   (5)  History  and  Kerlerec  streets  shall  be    o.  5.395. 

^     ■^  ''  Not.,  1851. 

known  as  Kerlerec  street. 

Mysterious  and  Columbus  streets  as  Columbus  street. 

Bagatelle  street  shall  be  known  as  Bourbon  street. 

Washington  avenue  and  Poet  street  shall  be  known  as 
Washington  street. 

Enghien  street  to  be  known  as  Lafayette  avenue. 

Art.  2719.  (1)  That  the  name  of  Touro   avenue  be    g*^f„\'I"*" 
and  is  hereby  changed  to  the  original  name  of  Canal    ^p"'»  ^^^i- 
street. 

That  the  street  formerly  denominated  and  known  as    Peters    and 
New  Levee  be  changed,  and  from   the   passage  of  this 
resolution  be  called  and  bear  the  name  of  Peters  street ; 
and  that  likewise  shall  be  changed  the  street  called  Old 
Levee  street,  instituting  in  its  stead  Decatur  street. 

Art.  2720.    (1)   That   the  name   of  the   street  now  church  &treet. 
known  as  St.  Mary,  which  runs   between   Poydras  and    Jan.,' 1869.* 
Julia,  be   and   the  same  is  hereby  changed  to  Church 
street. 

Art.  2721.  (1)  That  from  and  after  the  first  day  of    North  and 
October,   1873,   such   portions  of   the  following  named  °a.  s.2330. 
streets  as  lie  South  of  Canal  street,    shall  have  the  word     ^^^'' '  ^^' 
South  prefixed  to  their  present  names,  and  such  portions 
of  the  same  streets  as  lie  N^orth  of  Canal  street  shall  have 
the  word  JVorth  prefixed  to  their  present  names : 

Water,  Front,  Peters,  Rampart,  Basin,  Franklin, 
Liberty,  Robertson,  Claiborne,  Derbigny,  Roman, 
Prieur,  Johnson,  Galvez,  Miro,  Tonti,  Rocheblave, 
Dolhonde,  Broad,  White,  Dupre,  Gayoso,  Salcedo, 
Lopez  and  Rendon  streets,  Hagan  avenue,  Clark, 
Genois,  Telemachus,  Cortes  and  Pierce  streets  and  Car- 
rollton   avenue. 

Art.  2722.  (2)  That  the  Administrator  of  Police   be    Duty  of  Ad- 
and   is   hereby   authorized   and   directed  to   cause   the  Poike. 
proper  name   of   such  streets  as  herein  provided   to   be 
placed  at  each  of  the  corners. 


1044  STREETS,    SIDEWALKS  AND   GUTTERS. 

i^enviik  ave.     Art.  2723.  (1)  In   Tcsponse  to  the  petition  of  prop- 
june,  1870.     erty    holders,    that   Bienville    street,    from     Claiborne 

street  to  Metairie  Ridge,    shall  hereafter  be  known  as 

Bienville  avenue, 
avtnue.^''"'''     Art.  2724.  (1)  That   St.  Charles  street  above  Tivoli 
Ma5',  I876.     Circle  shall  hereafter  be  known  as  St.  Charles  avenue. 
Change  of     Art.  2725.  (1)  That  f  rom  and  after  the  passage  of  this 

name  of  sts.  -,.  .,  „,,  ,  ,,,., 

A.  S.629Q.  ordinance,  the  names  of  the  several  streets  parallel  with 
the  river,  from  Joseph  street  to  the  lower  line  of  the 
Upper  City  Park,  in  the  Sixth  District,  and  bearing  the 
different  names,  thereby  creating  confusion,  be  changed 
as  follows : 

Levee  street  to  be  called  Tchoupitoulas. 

Tchoupitoulas  and  Preston  to  be  called  Annunciation 

Jersey  and  Market  to  be  called  Laurel. 

Laurel  and  Union  to  be  called  Patton. 

Live  Oak  and  Main  to  be  called  Constance. 

Magazine  and  Liberty  to  be  called  Magazine. 

Camp  and  Greenwich  to  be  called  Camp. 

Chestnut  and  Chatham  to  be  called  Chestnut. 

Coliseum  or  Plaquemine  and  Elizabeth  to  be  called 
Coliseum. 

Perrier  and  Howard  to  be  called  Perrier. 

Prytania  and  Cortland  to  be  called  Prytania. 

Pitt  and  Bond  to  be  called  Pitt. 

^A^yss."''     '^^'^-  ^^^^-  (1)  ^^^*   Ordinance   No.    955   be  and  is 

May,  1S76,     hereby   repealed,  and   that  Benton   street  be  hereafter 

known  and  recognized  in   law  as   Liberty  street  between 

Philip  and   Toledano,  and  also  the  prolongation  of  the 

same  street  between  -Toledano  and  the  Foucher  property, 

now  known   as   Green   street,  be   hereafter  known   as 

Liberty  street. 

pYaci.''*"*^^     Art.  2727.  That  that  part  of  Dryades   street  located 

^Ord.  No.  2659,  between  Canal  and  Common  streets  be  hereafter  named 

Nov.  29, 1S87.  and  called  L^niversity  Place,  and  its  name  changed   in 

accordance  herewith, 

s4T°"^''''"     Art.  2728.  That  the  name  of  Jersey  street,  from  An- 

c?sf ■  ^°' *^^^' tonio  street  up,  be  changed  to  Annunciation  street. 

Art.  2729.  That  the  name   of  Burdette  street,  in  tl 


STREETS,    SIDEWALKS   AND   GUTTERS.  1045 

Seventh  District,  be  and  the  same   is   hereby  changed  to    Prague  ave. 

_  ^  »  Ord.  No.  2811, 

Prague  avenue.  c.  s.  . 

Art.  2730.  That  the  name  of  New,  as  now  applied  to  caroiie  street, 

'  ^  "^  Ord.  No.  374a. 

the  street  running  from  Calhoun  street  to  Exposition 
Boulevard,  Sixth  Municipal  District,  be  and  is  hereby- 
changed  to  Caroiie,  and  the  said  street  be  hereafter 
known  and  designated  as  Caroiie  street. 

Art.  2731.  That  from  and  after  the  passage  of  this    Kerierecst. 
ordinance  Washington  street,  from  Bayou  Road  to  Bayou  c.  s. "    °*  ^  ^' 
St.  John  shall  be  known  as  Kerlerec  street,  of  which  it 
is  the  continuation. 

That  Dolhonde  street  shall  be  known  as  Dorgenois  oorgenois  st. 
street. 

That  Union  street  in  the   seventh   ward,  Third   Dis-    Lafittest. 
trict,  shall  be  known  as  Latitte  street,  after  the  memor- 
able buccaneer. 

Art.  2732.  That  the  name  of  the  street  crossing  St.    Audubon  st. 
Charles  avenue,   above  Audubon  Park,  and  known  ate.  s."    °'  '  ^' 
present   as  Chestnut   street,  be  and  the  same  is  hereby 
changed  to  Audubon  street. 

Art.  2733,  That  the  name  of  Nashville  avenue.  Sixth  Beauregard 
District,  be  changed  and  the  name  Beauregard  avenue  be  ^ord"  No.  7275, 
substituted  for  same.  ^'^' 

Art.  2734.  That  the   first  street  east  of  Esplanade  ^^  goto  street, 
street,  extending  from  Bayou  Road  to  Bayou  St.  John,  c%^'^°'^^^^' 
Second   and   Third   Districts,  now  Roquette,    formerly 
Washington  street,  shall  hereafter  be  known  as  De  Soto 
street. 

That  the  street  on  the  lake  side  of  the  Camp  street    couseum  st. 
canal,  between  Melpomene  and  Clio  streets,  shall  here-^c.'s!°''°'^°^* 
after  be  known  as   Coliseum   street  so   that   Coliseum 
street  will  extend  uninterruptedly  from  Clio  street  to 
Felicity  Road,  and  from  Felicity  Road  to  the  Audubon 
Park. 

That  the  City  Engineer  be  and  he  is  hereby  directed  to  -j^^^^  ^^  be 
have  the  name  of  the  street  placed  in  conformity  with  p'^^ed.  ^^ 
the  provisions  of  this  ordinance. 

That  any  and  all  ordinances  or  parts  of  ordinances  in  Repealing 
conflict  with  the  provisions  of  this  ordinance  be  and  the  '^'*"^^*  j^. 
same  are  hereby  repealed. 


1046  STREETS,   SIDEWALKS   AND   GUTTERS. 

LINES   OF   STREETS. 

Piiie  street.  ART.  2735.  (1)  That  the  line  of  Pilie  street,  on  the 
No^i.^i'^g.  batture,  between  Thalia  and  Terpsichore  streets,  at  and 
one  hundred  and  forty  feet  (140)  from  Water  street, 
and  in  continuance  of  Pilie  street,  as  laid  out  from 
Thalia  to  Calliope  street,  be  and  is  hereby  approved,  as 
per  plan  of  the  City  Surveyor,  dated  November  3,  1879, 
and  deposited  at  the  office  of  the  City  Notary. 
Water  street.  Art.  2736.  (1)  That  hereafter  the  western  line  of 
Nov.',  Itfg.'  Water  street,  between  Henderson  and  Race  streets,  shalt 
be  extended  upon  the  batture  so  that  the  trapezium  of 
land  represented  on  said  map  as  included  between 
straight  lines  drawn  from  the  point  P  to  C,  from  C  to 
Q,  from  Q  to  R  and  from  R  to  P,  shall  be  added  to  and 
made  part  of  the  square  of  ground  bounded  by  Hender- 
son, Front,  Robin  and  Water  streets,  and  dedicated  to 
the  use  of  the  riparian  owners  of  said  square ;  and  that 
the  western  line  of  said  Water  street,  between  Robin 
and  .Race  streets,  to  be  extended  upon  the  batture  so 
that  the  polygon  of  land  represented  on  said  map,  as 
included  between  straight  lines  drawn  from  the  point  T 
to  M,  from  M  to  N,  from  N  to  V,  from  V  to  S  and  from 
S  to  T,  shall  be  added  to  and  made  part  of  the  triangle 
of  ground  bounded  by  Water,  Front  and  Robin  streets, 
and  dedicated  to  the  private  use  of  the  riparian  owners 
of  said  square. 
Robin  street.  Art.  2737.  (2)  That  Robin  street  shall  be  extended 
^^'  upon  the  batture  in  front  of  the  foot  of  the  same  from 
the  points  marked  S  and  R  to  the  points  marked  T  and 
Q,  the  straight  lines  joining  said  points  S  and  T  and  R 
and  Q  being  prolongations  of  the  side  lines  of  said 
Robin  street ;  that  the  foot  of  Race  street  be  extended 
as  aforesaid,  by  prolonging  the  said  line  thereof  next  to 
Robin  street  until  it  reaches  the  point  M  on  said  map ; 
and  that  the  eastern  side  of  Front  street  be  prolonge 
from  the  point  V,  its  present  terminus,  as  far  as  the 
point  N,  situated  on  the  above  prolonged  side  line  oi 
Race  street. 

Art.  2738.  (3)  That  the  condition  upon  which  thit 


STREETS,    SIDEWALKS  AND   GUTTERS. 


1047 


ordinance  is  passed  with  reference  to  the  change  of  the    conditions.^ 
western  line  of  Water  street,  between  Robin  and   Hen- 
derson  streets,  so  as  to  make  the  said  line  to  be  repre- 
sented   on   said   map   by  the  line   marked   P   C    Q,  is 
expressly   and   emphatically   understood  to  be  that  the  ^ 

present  riparian  owners  of  said  square  bounded  by 
Henderson,  Front,  Robin  and  Water  streets,  or  their 
transferees,  shall  within  one  year  from  the  date  of  the 
passage  of  this  ordinance  fill  up  with  river  sand,  under 
the  supervision  of  the  Administrators  of  Commerce  and 
Improvements  and  the  City  Surveyor,  the  batture  in 
front  of  the  line  marked  P  C  Q  on  said  map  to  the  level 
of  the  rest  of  the  levee  so  that  it  shall  measure  at  least 
one  hundred  feet  between  any  point  on  the  line  P  C  Q 
and  the  woodwork  of  the  wharves  in  front  of  the  same, 
or  if  there  are  no  wharves,  to  the  line  of  the  bulkhead 
forming  the  outer  line  of  the  levee — the  object  of  this 
condition  being  to  have  a  levee  in  front  of  the  said  line 
P  C  Q  at  least  one  hundred  feet  in  width ;  and  it  is 
further  expressly  made  a  condition  of  this  ordinance 
that  unless  said  filling  shall  be  done  within  the  time 
limited  in  this  ordinance,  the  same  shall  be  null  and  void, 
and  ipso  facto  revoked,  without  any  putting  in  default, 
and  the  line  of  said  Water  street  immediately  restored  to 
the  position  occupied  previous  to  the  passage  of  this 
ordinance,  to-wit:  to  the  position  represented  by  the 
line  P  R  on  said  map,  and  that  the  city  shall  have  the 
right,  without  notice  and  without  compensation,  to  de- 
molish all  buildings  and  construction  made  upon  the 
trapezium  of  land  marked  P  C  Q  R  on  said  map. 

ALIGNMENT   OF   STREETS. 

Art,  2739.  That  the   width   of  Carondelet,  Baronne,      carondeiet, 

'  Baronne,    Dry- 

Dryades  and  Rampart  streets,  between   Delachaise  and  ades  and  Ram- 
Amelia  streets,  is  hereby  fixed  at  (60)  sixty  feet,  as   es-   ord.  no.  s'aoy, 
tablished  in  the  original  subdivision   of   the  Delachaise 
tract. 

Art.  2740.  That  the  City  Engineer  be  and  is   hereby    st.  Peter  st. 
directed  to  make  the  width  of  sidewalk  on   St.  Peterai^-^"-^^^'' 
street  between  Rampart  and  St.  Claude  streets,  adjacent 


1048  STREETS,    SIDEWALKS  AND   GUTTERS. 

to  Congo  Square,  ten  feet  wide,  and  to  increase  width  of 
street  two  feet  in  the  said  block. 
St.  Philip,     Art.  2741.  That  the  uniform  grades  and  levels  on  the 
Tonti,  Bar- following  streets  hereinafter  named,  which  have  been 
Gr'kv^r  "^  a  n  d  approvcd  and  recommended  by  the  City  Engineer,  be  and 
Ord,  No.  6399,  the  same  are  hereby  adopted  as  the  uniform  and  official 
grade  of  the  city  of  New   Orleans  on   said  respective 
streets,  in  accordance  with  the  provisions  of  Act  114  of 
1886.     Profile  of  St.  Philip  street  from   river  to    Clai- 
borne street ;  profile  of  Dumaine   street  from   river   to 
Claiborne  street ;  profile   of  Tonti  street  from  Rampart 
to  Galvez  streets ;  profile  of  Barracks  street   from  river 
to  Marigny  street ;  profile  of   Orange  street  from  river 
to  Camp  street ;  profile  of  Gravier  street  from  Baronne 
to  Rampart  streets ;  profile  of  Dryades  street  from  Com- 
mon to  Poydras  streets. 

oJd^No*^  ^6        '^^'^'  ^^^^'  "^^^^  the  alignment  of  Howard  street,  from 
c.  s.  '  First  street  to  Toledano   street,   be  made  to  conform  to 

the  plan  submitted  by  the  City  Engineer,  providing  for  a 
banquette  on  either  side  twelve  (12)  feet  wide,  a  neutral 
ground  twenty-four  (24)  feet  wide,  with  a  roadway  on 
either  side  twenty- six  (26)  feet  wide. 
Canal  street.  Art.  2743.  That  from  Metairie  road,  extending  down 
c. s.'  °'^''  'to  the  end  of  the  cemeteries,  the  alignment  of  Canal 
street  be  changed  so  as  to  provide  for  a  neutral  ground 
twenty-five  (25)  feet  wide,  with  a  thirty-feet  (30)  road- 
way on  either  side,  and  with  a  banquette  twelve  feet  six 
inches  (12-6)  wide  on  the  north  side,  and  a  banquette 
seven  feet  ten  inches  (7-10)  as  per  plan  submitted  by 
the  City  Engineer. 

Art.  2744.  That  the  City  Engineer  be  and  is  hereby 
directed  to  at  once  proceed  with  the  laying  out  of  Canal 
street,  according  to  the  alignment  hereinabove  men- 
tioned. 

Art.  2745.  That  the  action  of  the  Council  in  thus 
changing  the  alignment  of  Canal  street  shall  not  be 
construed  as  dedicating  to  the  cemeteries  the  portion  of 
Canal  street  which  is  now  being  occupied  by  them. 
Provided,  that  the  city  will  lay,  at  her  own  expense,  a 
Schillinger  pavement  five  feet  wide  in  front  of  the  ceme- 


A 


STREETS,    SIDEWALKS   AND   GUTTERS.  1049 

teries  so  disturbed.  Provided  further,  that  in  considera- 
tion of  the  aforesaid  improvement  to  be  made  by  the 
city,  the  owner  or  owners  of  said  cemeteries  shall 
relinquish  all  their  rights,  etc.,  to  the  said  portion  of  the 
banquette  to  be  used  as  a  roadway,  under  the  terms  and 
conditions  of  this  ordinance. 

Art.  2746.  That  for  and  in  consideration  of  the  relin- 
quishing by  the  proprietors  of  the  cemeteries  all  of  their  fjrd.^Nl.^slag, 
rights,  title  and  interest  in  and  to  that  portion  of  ground  ^•^• 
which  was  taken  for  the  realignment  of  Canal  street, 
the  city  of  New  Orleans  hereby  assumes  and  obligates 
herself  to  the  entire  cost  of  the  pavement  which  has 
been  laid  on  Canal  ^reet  in  front  of  the  cemeteries,  and 
further  obligates  herself  to  have  laid  and  assumes  the 
entire  cost  of  Schillinger  pavement  six  feet  wide  along 
both  sides  of  Canal  street  in  front  of  the  said  cemeteries 
between  Anthony  street  and  Metairie  road,  and  also  in 
front  of  the  property  of  the  Firemen's  Charitable  Asso- 
ciation on  the  river  side  of  Metairie  road,  between  Canal 
street  and  the  New  Canal. 

Art.  2747.  That  the  City  Notary  be  and  he  is  hereby 
directed  to  draw  up  the  necessary  agreement  carrying 
out  the  spirit  and  intent  of  this  ordinance. 

Art.  2748.  That  Ordinance  No.  7486,  C.  S.,  be  and 
the  same  is  hereby  re-enacted. 

Art.  2749.  That  all  ordinances  or  parts  of  ordinances 
in  conflict  with  the  provisions  of  the  foregoing  ordi- 
nance be  and  the  same  are  hereby  repealed. 

Art.  2750.  That  the  alignment  of  Peters  avenue,  be-    Peters  ave 
tweeu   the   Mississippi   river   and   Claiborne   street,  be  c?s^'  ^°'  ^^^' ' 
arranged  so  as  to  provide  a  banquette  fourteen  feet  (14) 
wide  on  each  side  of  the  street,  a  neutral  ground  directly 
in  the  centre  of  the  street,  having  an  extreme  width  of 
eighteen  feet,  and  a  roadway  on  each  side  of  this  neu- 
tral ground  twenty  feet  wide,  this  width  of  roadway  to  * 
be  from  curb  line  of  sidewalk  to  bounding  line  of  neu- 
tral ground,  all  as  per  plan  on  file  in  the  oflEice  of  the 
City  Engineer. 

Art.  2751.  That  all  ordinances  or  parts  of  ordinances  Repealing 
in  conflict  with  the  provisions  of  the  foregoing  ordi- *'''"'**'  "^ibl 
nance  be  and  the  same  are  hereby  repealed. 


1050  STREETS,  SIDEWALKS  AND  GUTTERS. 

^^Fifth  District  Art.  2752.  That  the  City  Engineer  be  and  he  is  hereby 
Ord.  No.  930s,  directed  to  construct  the  roadway  around  the  new  levees 
in  Fifth  District  in  such  manner  as  not  to  destroy  the 
fruit  trees  or  garden  in  front  of  Mr.  Rutledge's  planta- 
tion, provided  a  clear  width  of  roadway  of  not  less  than 
fifteen  feet  is  obtained. 

oS*No!'o"f76.     ^^T-  2753.  That  the  offer  made  by  the  several  rail- 

^-  s-  road  companies  of  this  city  to  reduce  the  base  of  Clay 

statue  at  their  own  expense  be  and  the  same  is  hereby 

accepted,  that  said  base  be  reduced  so  as  to  appear  as  is 

shown  by  a  print  hereon  pasted,  to -wit : 

That  the  granite  and  railing  left  be  delivered  to  the 
city  at  the  expense  of  said  companies,  at  whichever 
place  be  designated  by  the  proper  department  of  the 
government. 

"orTNo'V'Ss;     ^^'^^  2754.  That  the    alignment   of    Howard   street, 

^-  s-  from  First  street  to  Toledano  street,  be  made  to  conform 

to  the  plan  submitted  by  the  City  Engineer,  providing 
for  a  banquette  on  either  side  twelve  feet  (12)  wide,  a 
neutral  ground  twenty-four  feet  (24)  wide,  with  a  road- 
way on  either  side  twenty-six  feet  (26)  wide, 
ord°No^'jr*"      ^^^-  2755.  That  in  accordance  with  petition  of  prop- 

<^-s.  "  erty  owners,  the  width  of  sidewalk  on  the  upper  side  of 
Canal  street,  between  Liberty  and  Claiborne  street,  be 
and  is  hereby  fixed  at  eighteen  feet. 

Art,  2756.  That  the  City  Engineer  in  giving  lines 
for  the  graveling  of  this  portion  of  contract  for  paving 
Canal  street  is  hereby  authorized  and  instructed  to  run 
the  line  of  the  street  into  the  neutral  ground,  to  such 
extent  as  may  be  necessary  to  conform  herewith,  and  so 
adjust  the  cost  of  same  as  to  bear  equally  on  all  prop- 
erty thus  benefited, 
Henry  Clay     Art,  2757.  That  the   roadway,  or    street  proper,  of 

avenue,  mt       mt       r 

Ord.  No.  10,243,  said  Henry  Clay  avenue,  between  St.  Charles  avenue 
and  Victor  street,  be  reduced  in  width  to  thirty  feet 
from  curb  to  curb,  and  that  the  sidewalks  or  ban- 
quettes on  either  side  be  correspondingly  increased  in 
width . 

Art.  2758.  That  due  notice,  as  enjoined  by  act  of  the 
Legislature,  No.  142  of  1894,  be  given  and  published  of 


STREETS,    SIDEWALKS   AND   GUTTERS.  1051 

the  intention  of  this  Council  to   pave  said  roadway   or  Notice, 
street  proper   on  said  Henry  Clay  avenue,  between  St. 
Charles  avenue   and   Victor   street,    as   authorized  and 
provided  for  by  said  act  142  of   1894,  and   under   plans 
and  specifications  to  be  adopted  in  due  and  usual  course. 

Art.  2759.  That  Pitt,  Boudousquie  and  Jennet  streets,  Pitt.  b  o  u  - 
between  Peters  avenue  and  Joseph  street,  shall  have jenner^streets. 
the  widths  and  arrangements,  and  shall  be  located  with  c.'s.°' '°' 
reference  to  the  centre  of  Prytania  street  between  Peters 
avenue  and  Joseph  street  as  enumerated  below,  and  as 
more  fully  shown  on  the  plan  annexed  to  and  made  part 
of  this  ordinance.  The  centre  line  between  the  car 
tracks  on  Prytania  street,  between  Peters  avenue  and 
Joseph  street,  is  hereby  established  to  be  the  precise 
centre  line  of  Prytania  street  between  these  points.  The 
centre  line  of  Pitt  street  to  be  two  hundred  and  fifty- 
one  feet  one  inch  and  no  lines  (25rfeet  1  inch)  from  the 
centre  line  of  Prytania  street  as  established,  and  the  ^'"y'*"'*^'^'"*^'' 
centre  line  of  Boudousquie  street  to  be  two  hundred  and 
ninety-five  feet  seven  inches  and  no  lines  (275  feet  7 
inches)  from  the  centre  of  Pitt  street,  as  above  estab- 
lished, and  the' centre  line  of  Jennet  street  to  be  one 
hundred  and  ninety-eight  feet  two  inches  and  no  lines 
(198  feet  2  inches)  from  the  centre  line  of  Boudousquie 
street,  as  above  established.  Pitt  street,  between  Peters 
avenue  and  Joseph  street,  shall  have  a  width  between 
property  lines  of  forty  feet  (40  feet).  The  sidewalks 
shall  have  a  width  of  eight  feet  (8 feet),  leaving  a  road- 
way of  twenty -four  feet  (24  feet).  Boudousquie  and 
Jennet  streets,  between  Peters  avenue  and  Joseph  street, 
shall  have  a  width  between  property  lines  of  thirty-two 
feet  (32  feet).  The  sidewalks  shall  have  a  width  of  six 
feet  (6  feet),  leaving  a  roadway  on  each  street  twenty 
feet  (20  feet)  wide. 

Art.  2760.  That  the  City  Engineer  be  and  is  hereby    Duty  of  city 
directed  to  send  to  each  of  the  deputy  city  surveyors  of  ^"^'"^^'■• 
the  city  of  New  Orleans  a  copy  of  the  plan  annexed  to 
this  ordinance,  and  all  deputy  city  surveyors  are  here- 
by directed  to  follow  in  every  particular  the  plan  in  the 
laying  out  of  property  between  these  streets. 


1052  STREETS,    SIDEWALKS   AND   GUTTERS. 

Repealing     Art.  2761 .  That  all  ordinances  or  parts  of  ordinances 
lb.  in  conflict  with  the  provisions  of  this  ordinance  be  and 
the  same  are  hereby  repealed. 
Henry  Clay     Art.  2762.  That  the  width of  roadwavs  and  sidcAvalks 

avenue.  xt  /-» 

o^.  No.  10,865,  on  Henry  Clay  avenue,  between  the  river  and  Claiborne 
street,  be  and  are  hereby  established  as  per  Ordinance 
No.  10,243,  C.  S.,  establishing  the  width  of  sidewalks 
and  roadway  on  Henry  Clay  avenue,  between  St.  Charles 
and  Victor  streets. 

g^Jhoun  street.  Art.  2768.  That  the  alignment  of  Calhoun  street, 
c-  s.  from  St.  Charles  avenue  to  Claiborne  street,  be  changed 

so  as  to  provide  for  a  sidewalk  twelve  feet  (12)  wide 
from  the  property  line  to  the  curb  line  on  either  side  of 
the  street,  leaving  a  roadway  between  curbs  of  twenty- 
six  feet  (26). 

City  Engineer,  ^rt.  2764.  That  the  City  Engineer  be  and  is  hereby 
directed  to  make  the  necessary  plans  for  such  alignment 
and  to  lay  out  the  street  in  accordance  with  the  provi- 
sions of  this  ordinance. 

ciausl.^^''"^  Art.  2765.  That  all  ordinances  or  parts  of  ordinances 
^^-  in  conflict  with  the  provisions  of  this  ordinance  be  and 
the  same  are  hereby  repealed. 

OPENING   OP    STREETS. 

Peters  street     Art.  2766.  That  his  honor  the  Mayor  be  requested  to 

from  Poland  to  ./a 

Reynes.  procccd  at  oucc  to  take  the  necessary  measures  to  have 

Ord.  No.  3509,  ^    .  "^ 

c.  s.  said  street  opened  m  accordance  with  the  lines  adopted 

by  the  City  Surveyor,  and  designated  upon  a  plan  and 
survey  now  on  file  in  his  ofiice. 
City  Attorney.  Art.  2767.  That  in  case  legal  proceedings  be  required 
to  carry  out  this  resolution,  the  City  Attorney  be  in- 
structed to  proceed  by  law,  without  delay,  to  compel  the 
opening  of  said  Peters  street. 

cSmptoPertw     ^^^-  ^^^^-  ^^^^  ^^  accordance  with  petition  of  citi- 

^ord.No.  4298,zens,  approvcd  by  the  City  Surveyor,  the  Commissioner 

of  Public   Works  and   City  Surveyor  be   and  they  are 

hereby  instructed  to  order  the  opening  of  Calhoun  street 

•     from   Camp  to  Perrier   street,  and   take   such  action  as 

may  be  needful  to  effect  the  carrying  out  of  such  order. 


STREETS,    SIDEWALKS   AND   GUTTERS.  1053 

Art.  2769.  That  the  Commissioner  of  Public  Works  Arabella  street 
be  and  he  is  hereby  instructed  to  take  such  action  as  itouias  to 
may  be  needful  for  the  opening  of  Arabella  street  from  river?  ^ '  ^  ^  • 
Tchoupitoulas  street  to  the  Mississippi  river,  c.  s. "  °'  '^^ 

Art.  2770.  That  the   Commissioner  of  Public  Works  Marignyirom 

Ge  nt  i  1  ly  to 

be  and  he  is  hereby  instructed  to  have  Mariffny   street,  Bayou  st.  John 

''  in    J  J     Ord.  No.  6470, 

from  Gentilly  Road  to  the  Bayou  St.  John,  opened.  c.  s. 

Art.  2771.  That  the  City  Engineer  is  hereby  instruct-  ^^^ers  street, 
ed  to  furnish  without  delay  the  necessary  lines  and  t:-  s. 
levels  for  the  opening  and  widening  and  grading  of  said 
Levee  or  Peters  street  to  a  uniform  width  of  forty  feet 
from  the  base  of  the  levee  to  property  lines,  with  a 
roadway  thirty  feet  and  a  sidewalk  of  ten  feet  on  prop- 
erty lines.  That  he  is  hereby  instructed  to  notify  all 
property  owners  to  remove  all  fences  or  other  impedi- 
ments on  the  line  of  said  Peters  street  within  thirty 
days  from  date  of  notice. 

Resolved,  That  the  Commissioner  of   Public  Works  is   commissioner 

'  o  f      P  u  b  1  1  c 

hereby  instructed  to   proceed  without  delay,  at  the  ex-  works, 
piration  of  above-mentioned  notice,  to  the  grading  and 
ditching  of  said  street.     Provided,  that  said  work  shall 
in   no   manner  interfere  with   the  ballasting  and  con- 
tract therefor  contemplated  by  motion  of  the  Council. 

Art.  2772.  That  the  City  Engineer  be  instructed  to  certain  streets, 
cause  the  following  streets,  which  are  now  closed  and  c.'s.°''°'''"' 
belong  to  the  public,  to  be  opened.  That  he  be  in- 
structed to  notify  any  and  all  parties  occupying  the 
same  by  fences,  buildings  or  otherwise,  to  remove  said 
obstructions  within  thirty  (30)  days  from  notice  there- 
of ;  and  in  case  of  failure  at  the  expiration  of  the  thirty 
(30)  days,  the  Commissioner  of  Public  Works  be  and 
he  is  hereby  instructed  to  at  once  proceed  to  remove  any 
and  all  obstructions  at  the  expense  of  the  owners  there- 
of, viz. : 

Delaronde  street  from  Reynes  to  Charbounet  streets. 

Chartres  street  from  Lizardi  to  Charbounet  streets. 

Royal  street  from  Lizardi  to  Charbounet  streets. 

Burgundy  street  from  Lizardi  to  Adams  streets. 

Marais  street  from  Reynes  to  Delery  streets. 

L^rquhart  street  from  Reynes  to  Delery  streets. 


I 


1054  STREETS,    SIDEWALKS   AND   GUTTERS. 

Villere  street  from  Reynes  to  Delery  streets. 
Robinson  street  from  Reynes  to  Delery  streets. 
Claiborne  street  from  Reynes  to  Delery  streets. 
Forstall  street  from  St.  Claude  to  Claiborne  streets. 
Lizardi  street  from  St.  Claude  to  Claiborne  streets. 
Egania  street  from  Dauphine  to  Claiborne  streets. 
Andry  street  from  North  Peters  to  Claiborne  streets. 
Lamanche  street  from  Delaronde  to  Claiborne  streets. 
Charbounet   street  from   North  Peters  to  Claiborne 
streets. 

Adams  street  from  North  Peters  to  Claiborne  streets. 
Monroe  street  from  St.  Claude  to  Claiborne  streets. 
Tricon  street  from  St.  Claude  to  Claiborne  streets. 
Delery  street  from  St.  Claude  to  Claiborne  streets. 

STREET   IMPROVEMENTS. 

Laying  gas     Art.  2773.  That  in  all  cases  where  corporations  orin- 
?afiroad  tracks,  dividuals   are  permitted,    in  the  prosecution   of  public 
A.  s."    °*'*   'works,  such  as  the  laying  of  gas  or  water  pipes,  building 
"^*''    '*     or  repairing  of  railroad  tracks,  etc.,  it  shall  be  unlawful 
for  such  corporations  or  individuals  to  keep  torn  up  and 
in  disorder,  whether  passable  or  not,  any  street  or  streets 
at   any  given  point  for  a  period  exceeding  twenty  days  ; 
which  period  hereby  fixes  the  limit  within  which  such  work 
on  any  of  the  streets  shall  be  commenced  and  completed ; 
and   for  any  violation  of  this  ordinance  such   corpora- 
tion or  individual  shall  be  held  liable  to  the  city  of  New 
Orleans   for  a  fine,  hereby  imposed,  of  twenty-five   dol- 
lars ($25),  for  each  and  every  day  that  such  corporation 
or  individual  shall  keep  a  street  or  streets,  at  any  given 
point  set  forth,  torn  up  or  not  fully  restored  to  its  usual 
and   proper  condition,   beyond  the  limit  of  time   herein 
fixed. 
Street  re-      Art.  2774.  (2)  That  iu  all  iustauccs  herein  contem- 
^^"^'         lb.  plated,  the  repair  of  the  temporary  injury  to  the  streets] 
and   their   restoration  to  a  proper   condition    shall  berj 
under  the  control  of  the  Administrator  of  Improvements,' 
whose  duty  it  shall  be  in  all  instances  to  examine  thej 
work,  and  if  in  his  opinion  the  street  or  streets  have 
not  been  properly  restored,  he  shall  notify  the  partiesi 


STREETS,    SIDEWALKS   AND   GUTTERS.  *  1055 

concerned  to  further  repair  them  and  place  them  in  Penalty, 
proper  condition  within  a  delay  fixed  in  the  notification, 
which  shall  be  reasonable  according  to  circumstances ; 
and  for  every  day  of  delay  beyond  the  delay  given  by 
the  notice,  before  the  street  shall  be  finally  restored  or 
repaired,  a  fine  of  twenty-five  dollars  is  hereby  im- 
posed, recoverable  before  any  court  of  competent  juris- 
diction. 

Art.  2775.  (3)  That  if  the  parties  concerned,  after  Damages.  ^^ 
the  notification  provided  in  section  2,  fail  to  commence 
the  work  therein  required  to  be  done,  within  the  delay 
therein  fixed,  the  repair  or  necessary  work  shall  be  done 
at  once  by  the  city  of  New  Orleans,  through  its  proper 
department,  at  the  risk  and  expense  of  the  corporation 
or  individual  concerned ;  and,  in  such  event,  a  fine  or 
liquidated  damages  of  twenty-five  dollars  per  day,  until 
the  completion  of  the  work  from  the  date  of  original 
notification,  shall  be  recoverable  in  favor  of  the  city 
before  any  court  of  competent  jurisdiction,  and  a  judg- 
ment in  favor  of  the  city  for  cost  and  expense  of  repair 
shall  be  conclusive  evidence  of  the  fact  of  default  on 
the  part  of  the  defendant. 

Art.  2776.  (4)  That  it  will  be  made  the  duty  of  the    Duty  of  Ad- 

,.  ,1,1  o  ministrator     of 

Admmistrator  of  Improvements  to  see  tlaat  the  terms  of  improvements, 
this  ordinance  are  complied  with ;  and  he  shall  in  everj'^ 
instance  notify   t-he  Mayor  of  the  city  of  any  violation 
thereof,    who   shall   then    order    the    necessary    legal 
proceedings. 

Art.  2777.   (5)  That  all  other  ordinances  relating  to    Repealing 
the  subject  matter  hereof  are  expressly  retained  in  force,         *        ib. 
except  in   so  far  as   they  may   conflict  herewith,    and  to 
that  extent  they  are  hereby  repealecl ;    this  ordinance  to 
go  into  effect  on  and  after  its  passage. 

Art.  2778.  That  whenever  publication    of  petitions    costofaci- 

.11,  .  .1        .         vertisements. 

tor  making  or  improving  sidewalks,  opening,  widening    o/d.  No.  iss^ 
and  extending  streets  are  required,  the  Administrator  of    June.  1870. 
Improvements  is  authorized  to  require  payment  for  such 
publications  to  be  made  or  secured  by  the  petitioners. 
Art.  2779.  That  the  Commissioner  of  Public  Works 
be   and   is   hereby   directed   to   notify   every  property 


1056  STREETS,    SIDEWALKS  AND   GUTTERS. 

Dutyof  Com- owner  on  Henry  Clay  avenue,  between  St.  Charles  ave- 

missioner      of 

Public  Works  nne  and  Victor  street,  to  proceed  and  place  the  neces- 
avenue.  sary  scrvlce  for  water  and  gas  to  connect  with  the  mains 

c.  s.     *    '     '  now  laid  on  the  street  with  his  property  prior  to  the  lay- 
mg  of  the  permanent  pavement. 
Pavement  not     Art.  2780.  That  this  pavcmcnt  after  being  laid  shall 
°  ^    ^  ""^  lb!  not  be  disturbed  for  the  making  of  any  connections  to 
private  properties  with  gas  or  water  for  a  period  of  five 
years  after  the  pavement  is  completed. 
City  Engineer     Art.  2781.  Whereas,  There  is  a  vast  amount  of  vitri- 
ard  of  vitrified  fied  brick  pavement  being  laid  in  different  parts  of  the 
ord.  No.  11,230,  country  and  a  large  amount  of  said  pavement  being  laid 
Sept. 3, 189S,  in  this  city;  and. 

Whereas,  There  are  contractors  from  all  parts  of  the 
country  competing  for  contracts  in  this  city,  and  sub- 
mitting samples  of  various  bricks  for  the  said  paving : 
and. 

Whereas,  It  is  essential  that  the  property  owners  of 
this  city  should  profit  by  the  experience  of  others  as 
well  as  our  experience  with  such  pavement;  and. 

Whereas,  It  should  be  of  great  benefit  to  the  property 
owners  of  this  city  that  a  certain  standard  should  be 
established  and  maintained  in  order  to  get  the  best  brick 
for  our  street  paving,  therefore  be  it 

Resolved,  That  the  City  Engineer  be  and  he  is  hereb\ 
directed  to  report  to  this  Council  which  brick  or 
bricks  in  his  judgment,  based  on  the  experience  he 
•  has  had  and  the  information  he  has  received,  are  best 
suited  to  stand  the  traffic  of  our  streets,  and  that  he  re- 
port to  this  Council  as  early* as  practicable, 
standard  brick.  Art.  2782.  That  the  following  named  bricks  shall  be 
or^.No.  I. ,522,  ^^jQp^g^j  ^g  ^  standard  for  all  vitrified  brick  street  paving, 
they  having  stood  the  test  and  being  so  reported  by  the 
City  Engineer :  Kentucky  block,  Coaldale,  Hocking  Val- 
ley block,  and  Harris  paver,  and  in  future  all  specifica- 
tions shall  call  for  said  brands,  and  no  brick  unless 
equal  or  superior  thereto  shall  be  considered. 

Art.  2783.  That  in  future,  when  ordinances  are  intro- 
duced under  Act  119'  of  1886,  for  the  paving  of  any 
street,    no   reference   shall   be  made   to  the  quality  of 


Oct.  29, 


STREETS,    SIDEWALKS  AND   GUTTERS.  1057 

pavement  to  be  used,  and  the  property  holders  shall.      Designation 
sixty  days  after  the  publication  of  said  notice  of  inten-  men"  °  ^^''^ 
tion,    in   which    to    designate   the   kind    of    pavement  c.  s.  * 
they  desire  to  have  laid  on  said  streets  ;  failing  to  do  so     ""^    '  ' 
within  the  said  sixty  days,  the  Council  will  order  said 
street  or  streets  paved  with  such  material  as  they  may 
see  fit. 
Art.  2784.  That  the  clause  in  the  general  specifica- Amending  spe- 

.  T .  „  1  .     .  cifications  for 

tions  for  gravel  paving  providing  for  the  retaining  of  gravel, 
twenty-five   per   cent,   from  the   contractor  be  and  thec.  s. 
the  same  is  hereby  annulled  and  rescinded,  and  shall  be 
stricken  from  said  specifications  in  any  future  contract 
as  to  gravel   pavement,  and   only  a  bond  shall  be  re- 
<|uired. 

Art.    2785.    That    this    ordinance  shall    take    effect  Repealing 

.  TUT.  clause. 

from  and  after  its  passage,  and  all  ordinances  contrary  ib. 

to  and  in  conflict  with  same  be  and  the  same  are  hereby 
repealed. 

Art.  2786.  That  the  Mavor  be   and   he  is  hereby  au-     Washington 

.  -,.,".  avenue  repairs. 

thorized  and  directed  to  enter  into  notarial  contract  with  ord.  No.  5501, 

c.  s. 
the  Kosetta  Gravel  Paving  and  Improvement  Company  to    Aug.  4,  1891. 

keep  in  good  order  for  five  (5)  years  Washington  avenue, 

from  Magazine  street  to  Carrollton  avenue,  commencing 

July  14,  1891,  in  accordance   with   specifications  on  file 

in  the  office  of  the  City  Engineer  and  as  per  their  bid  of 

June  15,  1891. 

Art.  2787,  That  the  Mayor  be  and  he  is  hereby  di- .  Paving  wash- 

''  •'  iiigton  avenue. 

rected  to  enter  into  notarial  contract   with   the   Rosetta  ^'^^'  No.  agSgr 
Gravel  and  Improvement  Company,  for  the  grading  and    J""*  s,  isss. 
graveling   of   Washington   avenue,    from   Magazine   to 
Carrollton  avenue,  in  accordance  with    specifications  in 
the  office  of  City  Surveyor,  and  to  be    made  part  of  the 
i'ontract. 

Art.  2788.  That  said  contract  shall  embody  all  of  the 
clauses  in  the  present  contract  which  it  supersedes,  ex- 
cept where  they  conflict  with  the  new  specifications  and 
the  price  for  which  the  work  is  to  be  completed,  which 
is  hereby  fixed  at  forty-five  thousand  dollars,  payable 
thirty  thousand  dollars,  as  provided  for  by  Ordinances 
2091  and  2221,  C.  S.,  and  fifteen  thousand  dollars  out 
of  Suspense  Account  of  the  year  1885, 


k 


1058  STREETS,  sid:^walks  and  gutters." 

Art.  2789.  That  it  is  expresslymiderstood  and  agreed 
between  the  contracting  parties  that  the  signing  of  the 
contract  herein  provided  annuls  and  abrogates  the  con- 
tract for  same  work,  dated  September  — ,  1887,  and 
neither  party  shall  have  any  claim  against  the  other  for 
any  work  done  or  act  performed  under  aforesaid  former 
contract, 
oecatur^streg.  ^UT.  2790.  The  paviug  of  the  street  with  square  block 
■c- s.         ^   '  will   extend   to  the  property  line  on  the   Decatur   street 

Nov.  14, 1S93.  f       L-         ^ 

side  of  the  Fish  and  Vegetable  Market,  and  the  grade  to 

be   such  as  to  abolish  the  necessity  of  any  gutter  on  the 

river  side  of  this  street. 

Arranerement     Art.  2791.  That  the  City  Engineer  be  and  is  hereby 

!"•  directed  to  have  the  grades  of  the  streets  so  arranged  as 

to  pave  on  an  incline  from  the  centre  of  the  street  di; 

rectly  to   and  against  the  property  line  in  front   of  the 

Fish  and  Vegetable  Market,    all  in  accordance  with  a 

plan    submitted   with     and    forming    a    part    of    this 

ordinance. 

Intersection     Art.  2792.  That  an  intersection  be  placed  in  front  of 

^crossSt. 

Charles  avenue,  the  Toadway  uow  being  built  through  the  land  of  the 

Ord.  No.  8966,  -^  A  IT 

<3.  s.  Crescent  City  Improvement  Company  across  the  neutral 

ground  on  St.  Charles  avenue. 

City  Engineer.  Art.  2793.  That  the  City  Engineer  be  and  is  here- 
by directed  to  prepare  plans  and  specifications  for  the 
construction  of  this  intersection. 

obstruction  of  streets. 

Obstruction     Art.    2794.  (1)  That   it   shall   be   unlawful  for  any 
Ord.  No.  4797.  jperson  or  persons  to  encumber  or  obstruct  any   of  the 
Amended  by  streets,    gutters,    public  roads,    public  grounds,    public 
•c.'^s".    °'       'squares,    public   places   or  promenades,    banquettes  or 
or^d.^'i^o!  4937,  sidewalks  of  the  city  by  depositing  in  or   on  the  same 
Oct.  29, 1889  any  box,  bale,  hogshead,  barrel  or  any  goods,   wares  or 
merchandise,  or  any  article  whatsoever,    except  for  the 
necessary   time   of  loading  or  unloading  the   same,  and 
provided  that  no  merchandise    shall  be  packed   or  un- 
packed on  any  sidewalk,  nor  shall  it  be  lawful  to  occupy 
any  portion   of  any   street,    avenue,    alley  or  sidewalk 
with  any  stand  (in  the  common  accepta;tion  of  the  term), 


STREETS,    SIDEWALKS   AND    GUTTERS.  1059 

table,  shelving,  wagon  or  cart,  for  the  purpose  of  selling 
oroffering  for  sale  any  fruits,  nuts,  candies  or  other  mer- 
chandise ;  provided,  the  above  shall  not  be  so  construed 
as  to  prevent  persons  dealing  in  fruits,  candies,  nuts 
or  other  merchandise,  and  who  shall  rent  stores,  frojn 
occupying  the  walls  of  their  respective  stores,  and  the 
sidewalks  on  which  they  front  for  a  distance  of  twenty 
(20)  inches  from  the  wall  of  their  building;  provided 
further,  that  this  section  shall  not  apply  to  book,  news- 
paper or  fruit  stands,  located  on  any  sidewalk,  not  less 
than  ten  (10)  feet  wide  from  walls  of  buildings  to  curbs, 
and  against  the  outside  wall  of  any  building  upon  the 
following  conditions : 

First — That  the  sidewalk  shall  not  be  occupied  to  any 
greater  extent  than  merchants  are  allowed  to  occupy 
with  their  merchandise. 

Second — That  they  shall  only  be  permitted  at  such 
places  when  the  occupants  of  the  building  consent 
thereto. 

Third — That  the  owners  of  said  book,  newspaper  or 
fruit  stands  shall  pay  a  merchant's  tax  and  license 
therefor. 

Art.  2795.  Provided,  that  for  the  purpose  of  facilitat- 
ing commerce,  the  City  Surveyor  may  issue  permits  for 
the  covering  of  gutters  on  such  streets  as  may  be  suffi- 
ciently wide  to  warrant  same  on  plans  and  specifications 
approved  by  the  City  Council.  .-"^         • 

Nor  shall  boards  for  advertising  purposes  be  permitted  a  d  v  ertising 
to  stand  against  or  attached  to  fences,  houses,  or 
attached  to  awning-posts  on  the  banquettes,  so  as  to 
obstruct  or  disfigure  the  sidewalks,  and  should  any 
person  or  persons  having  charge  of  the  same,  after 
having  been  notified  by  the  Commissioner  of  Public 
Works  or  any  officer  of  the  city  police  of  the  city,  fail  to 
remove  said  obstructions  within  the  period  designated 
in  said  notification,  then  it  shall  be  the  duty  of  the 
Ward  Superintendent  or  Inspector,  under  the  direction 
of  the  Commissioner  of  Public  Works,  or  any  officer  of 
the  city  police,  to  make  affidavits  against  the  person  or 
persons  so  offending,  before  the  Recorder  of  the  district 
within  whose  jurisdiction  the  offence  is  committed. 


1060  STREETS,    SIDEWALKS   AND    (^UTTERS. 

Penalty.  That   wlioGver   shall   violate   the   provisions   of    this- 

C.S.'  °  "*  ^'ordinance  shall  be  subject  to  a  fine  not  to  exceed  twenty- 
**^'  '  ' '  ■  five  dollars  or  imprisoned  in  the  parish  prison  for  a 
term  not  to  exceed  thirty  days,  or  both,  or  imprisoned 
in  the  said  parish  prison  for  a  term  not  to  exceed  thirty 
days  in  default  of  payment  of  the  fine,  to  be  imposed  by 
the  Recorder  of  the  district  wherein  the  oifence  is  com- 
mitted ;  provided,  that  the  fine  shall  not  exceed  twenty- 
five  dollars  for  each  offence,  nor  the  imprisonment  more 
than  thirty  days. 

Unclaimed  ART.  2796.  (2)  That  the  obstructions  referred  to  in 
lb.  section  1,  when  the  owner  is  in  default,  and  any  such 
obstructions  for  which  no  owner  or  claimant  can  be 
found,  shall  be  removed  by  the  employees  of  the  Depart- 
ment of  Improvements,  properly  deputized  to  do  the 
same,  to  the  public  pound  or  to  a  public  warehouse  of 
the  district  wherein  the  obstruction  may  be  in  contra- 
vention of  this  ordinance,  and  if  the  property  be  not 
identified  and  claimed  within  five  days  thereafter,  it 
shall  be  the  duty  of  the  Administrator  of 
Police  to  advertise  and  sell  it,  as  provided  for  in 
the  case  of  estrays,  vehicles,  etc.,  and  that  all 
expense  in  making  said  removal  shall  be  paid  by  the 
owner  or  owners  of  said  obstruction,  or  by  Ihe  Admin- 
istrator of  Police,  from  the  proceeds  of  the  sale  of  the 
same. 

Buiidings.re-     Art.  2797.    (3)  That  from  and  after  the  18th  Decem- 

pairing,    erect-  ^     ' 

iBg,  etc.  ^^  i^er,  1878,  it  shall  be  unlawful  for  builders,  owners, 
contractors,  or  any  other  person  or  persons,  whei 
engaged  in  repairing,  erecting  or  constructing  any  horn 
or  building  within  the  limits  of  the  city,  to  deposit  an; 
materials  necessary  for  the  same  in  any  manner  so  as 
occupy  more  than  one-third  of  the  width  of  the  street  anc 
ipore  than  one-half  of  the  width  of  the  banquette  oil 
sidewalk,  both  nearest  to  the  house  or  building  beinj| 
repaired  or  constructed,  and  fifteen  feet  on  each  side 
said  house ;  and  in  all  cases  the  builder,  owner  or  conf 
tractor,  before  depositing  such  materials  upon  the  por^ 
tion  of  the  street  as  is  authorized  by  this  section,  ii 
required  to  construct  a  bridge  over  the  gutter  so  as  n( 


lb. 


STREETS,    SIDEWALKS   AND   GUTTERS.  1061 

to  obstruct    the  flow  of  water  or  prevent  the   gutters    Duty  of  em- 

^  ^  ployees  of  Ad- 

frora  beiusr  easily  cleaned.     Should  any  person  or  per-  ministrator  o  t 

"  -^  -'^  \         Improvements. 

sons  violating  the  provisions  of  this  section,  after  having  ib. 

been  notified  by  the  Commissioner  of  Public  Works,  or 
any  person  properly  deputized  to  represent  him,  or  by 
any  officer  of  the  city  police,  or  any  person  properly 
deputized  to  represent  him,  fail  to  remove  said  obstruc- 
tions within  the  period  designated  in  said  notification, 
then  it  shall  be  the  duty  of  the  ward  superintendent  or 
inspector,  under  the  direction  of  the  Commissioner  of 
Public  Works,  or  any  officer  of  the  city  police,  to  make 
affidavits  against  the  person  or  persons  so  offending 
before  the  Recorder  of  the  district  within  whose  juris- 
diction the  offence  is  committed,  and  upon  conviction 
said  offender  or  offenders  shall  be  fined  not  more  than 
twenty-five  dollars,  nor  less  than  ten  dollars,  and  in 
default  of  payment  of  said  fine  be  imprisoned  for  a 
period  of  time  not  exceeding  thirty  days,  nor  less  than 
five  days. 

Art.  2798.   (5)    That  if   any   contractor,    builder  or    Builders  to 

I  •      j.T_  •    •  •    ■  £  1,       ij    remove    stone, 

owner  who  may,  in  the  raising  or  repairing  of  any  build-  brick,  mortar, 
ing,  deposit  stone,  brick  or  mortar,  debris,  etc.,  upon  ib. 

the  street  or  sidewalk,  fail  to  remove  the  same,  after 
having  been  notified  so  to  do  by  the  Administrator  of 
Improvements,  or  any  person  properly  deputized  to  rep- 
resent him,  then  it  shall  be  the  duty  of  the  ward  super- 
intendent or  inspector,  under  the  direction  of  the  Ad- 
ministrator of  Improvements,  to  make  affidavits  against 
the  person  or  persons  so  offending,  before  the  Recorder 
of  the  district  within  whose  jurisdiction  the  offence  is 
committed,  and  upon  conviction,  said  offender  or  offen- 
ders shall  be  fined  not  more  than  twenty-five  dollars 
nor  less  than  ten  dollars,  and  in  default  of  payment  of 
said  fine  be  imprisoned  for  a  period  of  time  not  exceed- 
ing thirty  days  nor  less  than  five  days. 

Art.  2799.  (6)  That  the  obstructions  referred  to  in    Debris  to  be 
section  5,  when  the  owner  is  in  default,   and  any  such  purposes.    '"^ 
obstructions   for   which   no   owner  or  claimant  can  be 
found,    shall  be  removed  by  the   employees   of  the  De- 
partment of  Improvements,  properly  deputized  to  do  the 


Penalty. 


1062  STREETS,    SIDEWALKS  AND   GUTTERS. 

same,  to  any  street  requiring  repairs  and  where  such 
material  will  be  available  for  filling  purposes,  other- 
wise to  be  removed  to  the  proper  dumping  ground. 
Duty  of  Po-  Art.  2800.  (7)  That  it  shall  be  the  duty  of  all  the 
lb.  members  of  the  Crescent  City  Police  to  report,  through 
their  proper  officers,  to  the  Department  of  Improvements 
any  and  all  violations  of  the  foregoing  sections  of  this 
ordinance. 

GRADING    AND   DRAINAGE   OF   GUTTERS. 

Regradingof     Art.  2801.  That  whcncver  one-half  of  the  owners  of 
May.'isso.     real  property  on  any  single  square  fronting  on  a  parallel 
street  shall  by  petition,  signed  by  the  petitioner  or  peti- 
tioners, and  addressed  to  the  Council,  ask  for  the  regrad- 
ing  of  the  gutters  of  said   square,  so   that  the  flow  of 
storm  or  other  water   may  be  rapid   and  uninterrupted 
from  the  centre  of  said  square  to  each  corner  of  the  next 
perpendicular  street  above  and  below,  the  Council  shall, 
by  resolution,  order  said  regrading  to  be  done  in  accord-- 
ance  with  lines  •  and  levels  to  be  furnished   by  the  City 
Surveyor,  and  the  whole  cost  of  said  improvement  shall" 
be  borne  by  the  owner  or  owners  of  real  properties  front- : 
ing  on  said  street  in  equal  proportion ,  according  to  the  ^ 
iTinning  foot  frontage, 
curbing.etc,     Art.  2802.  Thatthat part of  Ordinance No.  3738,  CouD-l 

ofcertain  .  .  i 

streets.  cil  Scrics,  relative  to  the  curbing,  guttering  and  counteri 

Ord.  No.  3952,  '  !r>  5   to  >-.  j 

c.  s.  curbing  of  Foucher,  Calhoun  and  Esplanade  streets  wit 

stone,  as  well  as   all  similar  parts  of  subsequent  ordi| 
nances  relating  to  the  paving  of  other   streets,  be   anc 
are  hereby  repealed. 
Curbing, etc.,     Art.  2803.  That  all  curbing,  guttering  and   couiiteij 

tLf  to  remain.'  curbiug,  uow  cxistiug  in  good  condition  on  such  streets 

^^  shall  be  allowed  to  remain ;  provided,  it  is  on  the  prope 

line   and   grade.     If  it  is  not  it  shall  be  relined,  or  r€ 

graded,  at  the  cost  of  the  owner. 

Material    o  1     ART.  2804.  That  whcu  part  of  a  block  is  without  curl 

new  work.  ^^  ^^^^  guttering  or  counter  curbing,  or  where  they  requii 
removal  in  the  judgment  of  the   City  Surveyor,  the 
quired  new  curbing,  guttering  and  counter  curbing  shal 
be  constructed  of  such   material  as  is  most  largely  us( 
in  said  block. 


STREETS,    SIDEWALKS   AND   GUTTERS.  1063 

Art.  2805.  That  when,  in  any  block,  there  is  no  curb-  wood, 
ing,  guttering  or  counter  curbing,  they  shall  be  built  of 
wood;  provided,  that  if  property  holders  owning  a  ma- 
jority of  the  frontage  on  any  block  agree  on  the  use  of 
any  material  for  the  curbing,  guttering  or  counter  curb- 
ing of  said  block,  such  material  shall  be  used  through- 
out the  block  for  all  parties  joining  in  such  agreement, 
and  for  all  new  curbing,  guttering  and  counter  curbing 
to  be  built,  or  old  to  be  rebuilt. 

This  agreement  must  be  made  and  communicated  to    Property 

"  /-,<-,  holders'  discre- 

the  contractor,  or  the  City  Surveyor,  before  the  worktion. 
commences  on  the  block ;  provided,  that  any  property 
holder  in  any  block  shall  have  the  right  to  use,  at  his 
discretion  and  cost,  curbing,  guttering  and  counter  curb- 
ing of  better  material,  or  workmanship,  in  the  judg- 
ment of  the  City  Surveyor  than  is  directed  above. 

Provided,  That  such  parts  of  wings  as  are  in  front  of    wings, 
properties  shall  be  of  such  materials  as  the  city,  through 
the  City  Surveyor,  sees  fit  to  use  "for  the   other  parts 
of  said  wings  in  the  intersections. 

Provided,  That  whenever,  after  the  paving  of  any 
street,  any  curbing,  guttering  or  counter  curbing,  shall, 
in  the  opinion  of  the  Commissioner  of  Public  Works, 
require  renewal  by  reason  of  decay,  or  other  cause,  it 
shall  be  replaced  with  stone,  artificial  stone  or  brick, 
in  cement,  according  to  the  general  specifications  of 
such  work.  In  case  of  the  refusal  of  any  party  to  com- 
ply with  the  terms  of  this  proviso  on  such  notification 
of  the  Commissioner  of  Public  Works,  he  shall  be  liable    Penalty, 

'  ID. 

to. a  fine  of  $2  per  front  foot  of  the  property  on  said 
street,  to  be  collected  before  the  Recorder  of  the  district 
in  which  the  property  is  located. 

Art.  2806.  The  proceeds  of  this  fine  shall  be  expended 
by  the  Commissioner  of  Public  Works  in  properly 
executing  the  work,  and  any  balance  thereof  shall  revert 
to  the  material  fund  of  the  Commissioner  of  Public 
Works. 

Provided,  That  this  shall  not  apply  to  Canal,  Dryades  t(^°ce°rt*a^n 
and  Esplanade  .streets.  streets.        ^^ 


1064  streets,  sidewalks  and  gutters. 

Right  of  Way. 
ambulances. 
Hospital  Am-     Art.  2807.  (1)  That  the  right  of  way  through  the 
ord.  No.  978.  streets,  roads  and  upon  the  levees  within  the  city  limits, 
Oct.  7, 1SS4.    is  hereby  granted  to  all  ambulances  and  other  vehicles 
used  for  the  transportation  of  the  sick  and  wounded  by 
the  Charity  Hospital,  subject  only  to  the  right  of  way 
given  by  existing  ordinance  to  the  Fire  Department,  and 
all  other  vehicles   of  every   description  are  hereby  re- 
quired to  move  out  of  the  way  and  give  the  road  to  such 
^     ,  ambulances  and  other  vehicles  used  by  the  Charitv  Hos- 

Penalty.  "^ 

pital  for  the  purpose  stated,  when  made  aware  of  their 
approach,  and  in  case   of  neglect   or   refusal  so  to   do 
every  driver  of  such  vehicle  shall,  upon  arrest  and  con- 
viction before  the  police  court  of  the  district,  pay  a  fine 
of  ten  dollars,  or  in  default  thereof  be  imprisoned  for 
twenty  days. 
Rate  of  speed      Art.  2808.  (2)  That   the  said  ambulances  and  other 
*  vehicles  of  the  Charity  Hospital   shall  be  permitted  to 
drive  through  the  streets  and  other  thoroughfares  of  the 
city  at  such  rate  of   speed  as  may  be  deemed  necessary ; 
provided,  that  all  such  vehicles  shall  be  furnished  with 
alarm  signals,   bells  or  gongs  of  sufficient  size   to  give 
notice  of  their  approach. 
See  Fire  Department. 

Right  and  Left  Roadway. 


avenue, 


« t .  Charles     Art.  2809.  That  from  and  after  the   passage  of  this 

Marf"i6, 1886.  Ordinance,  cabs,  hacks,  carriages  and  all  other  vehicles, 
public  or  private,  which  are  driven  on  any  part  of  St. 
Charles  avenue,  between  Lee  Circle  and  Louisiana  ave- 
nue, when  going  toward  Carrollton,  shall  keep  to  the 
wood  side  or  right  of  said  street,  and  when  returning 
shall  keep  to  the  river  side  or  left  of  said  street. 

Leftside.  ART.  2810.  That  the  owner  or  driver  of  any  vehicle 

in  contravention  of  this  ordinance  shall  be  liable  to  a 
fine  from  five  dollars  ($5)  to  twenty-five  dollars  ($25)^ 

Penalty.  ^^  ^^  imprisonment  at  the  discretion  of  the  Recorder  f  roiH 
five  (5)  days  to  thirty  (30)  days. 


STREETS,    SIDEWALKS   AND   GUTTERS. 


1065 


Art.  2811.  That   the   Commissioner   of    Police    and  c  o  mmissioner 

of  Police. 

Public  Buildings  be  and  he  is  hereby  directed  to  cause  n». 

the  necessary  notice  to  be  posted  along  said  street  for 
the  guidance  of  all  persons  driving  vehicles  on  said 
street. 

Art.  2812.  That  from  and  after  the  passage  of  this    canai  street, 
ordinance,  cabs,  hacks,  carriages,  and  all  other  vehicles,  the*'right*'and 
public  and   private,   which   are   driven   on   any  part  of    sept ,  1873. 
Canal  street,  between  Claiborne  street  and  the  Metairie      *    '  ***"' 
ridge,  shall,  when  going  toward  the  river,  take  that  side 
of  said  Canal  street  which  is  in  the  First  District,  between 
the  neutral  ground  and  the  sidewalk,    and  when  going 
toward  the  Metairie   ridge   they   shall  take  that  side  of 
said  street  which  is  in  the  Second  District,  between  the 
neutral  ground  and  the  sidewalk. 

Art.  2813.  That  the   owner  or  driver  of  any  vehicle    Penalty, 
which  shall  be   driven  on  Canal  street,   between    Clai- 
borne street  and  the  Metairie  ridge,  in  contravention  of 
this  ordinance,  shall  be  liable  to  a  fine  of  ten  dollars, 
recoverable  before  any  court  of  competent  jurisdiction. 

Art.  2814.  That  the  Administrator  of  Police  be  and  sign  bo*rd. 
is  hereby  authorized  and  instructed  to  have  placed  on 
Canal  street,  in  conspicuous  positions,  two  sign  boards 
on  Claiborne  street,  two  at  Broad  street,  two  at  Hagan 
avenue,  two  at  Carrollton  avenue,  and  two  at  the  ceme- 
teries, notifying  persons  driving  on  Canal  street  of  the 
side  they  are  required  to  take  and  the  penalty  for  every 
violation  of  this  ordinance. 

Art.  2815.  That  all  streets,  avenues  or  public  high-    Neutral 
ways  within  the  city  limits  having  neutral  grounds  or^or"d°No.  5658, 
car  tracks  in  the  centre  of  same,  with  sufficient  roadway    Oct.  6, 1891. 
on  both  sides  of  said  neutral  ground  or  car  tracks  for 
use  as  public  streets,  be  and  they  are  hereby  constituted 
right  and  left  roadways,  for  the  purpose   of  riding  or 
driving  thereon. 

Art.  2816.  That  it  is  hereby  made  unlawful  to  ride  or  umawfui  to 
drive  any  animal  or  vehicle  on  such  roadway,  except  to  ceruln^s^dra."" 
the  right  of  such  neutral  ground  or  car  track.  **** 

Art.  2817.  That  any  person  or  persons  violating  the 
provisions  of  this  ordinance  shall  be  fined  by  the  Re- 


Ib. 


1066  STREETS,    SIDEWALKS   AND   GUTTERS. 

corder  iu  whose  district  the  offence  shall  have  been  com- 
mitted not  exceeding  twenty-five  dollars,  or,  in  default 
of  payment  of  said  fine,  imprisonment  not  exceeding 
thirty  days. 

Poydras  Art.  2818. '  That  on  and  after  the  passage  of 
ord.  ko.  9245,  this  ordinance  all  vehicles  traversing  Poydras 
*May  33, 1894.  street,  on  both  sides  of  the  market,  will  be  subject 
to  the  following  regulations,  excepting  the  vehicles  be- 
longing to  business  houses  thereon :  All  vehicles  going 
toward  the  swamp  will  use  the  lower  or  north  side  of 
the  market,  and  those  going  toward  the  river  will  use 
the  upper  side  or  south  side  of  the  market.  Any  vio- 
lation of  this  ordinance   shall   be   punishable   by  a  fine 

Penaltv.  ^  "^ 

and  imprisonment  not  exceedmg  $25  or  thirty  days'  im- 
prisonment, said  fine  to  be  recoverable  before  any  court 
of  competent  jurisdiction. 
Ord.  Xo.  4463,  C.  S.,  repeals  Ord.  Xo.  3415,  C.  S. 
Unlawful  to     Art.  2819.  That   it  is   hereby  made  unlawful  for  the 

drive    on   cer-  "^ 

tain  streets,      drivcr  of  any  dray,  float,  wheels  for  the  hauling  of   tim- 

Ord,  No.  5C09,  J  .1  1  1  to 

c.  s,  ber,  stone,  machinery,    etc,    or  other  vehicles  without 

Jan.  6,1891.         '  '       .  -7  '  ^ 

springs,  to  drive   such  vehicle  on  Erato  street,  between 

Annunciation  and  Camp  streets,  except  for  the  neces- 
sary loading  or  unloading  of  such  vehicle  on  Erato 
street,  between  the  points  designated,  in  which  case 
they  shall  only  use  such  portion  of  said  street  as  is 
comprised  within  the  point  of  such  loading  or  unloading 
and  the  nearest  intersecting  street. 

Penalty.  Art.  2820.  That  the  driver  of  any  vehicle  contraven- 

ing the  provisions  of  this  ordinance  shall  be  arrested 
and  fined  not  less  than  ten  or  more  than  twenty-five 
dollars,  or  in  default  of  payment  to  imprisonment  for 
not  less  than  ten  Or  more  than  thirty  days  by  the  Re- 
corder of  the  district, 
street  pilings.     Art.  2821.  That  uo   pcrsou   or  persons,  or  corpora- 

c.'s.  ■    '    'tions,  shall  in  the  future  dump  or  deposit  any  debris  or 
'        street  pilings  of  any  character  whatsoever,   on  any  dirt 
streets  between  Toulouse  and  Julia  streets  and  Claiborne 
street  and  the  river. 

Art.  !4822.  That  the  said  debris,  street  pilings,   etc.. 


I 


STREETS,    SIDEWALKS   AND   GUTTERS.  1067 

shall  be  dumped  or  deposited  on  dirt  streets  outside  of 

Claiborne   street,  between  Julia  and   Toulouse  streets, 

under  the   supervision   of  the   Commissioner  of  Public 

Works.     Any   person,    persons  or  corporations    found 

guilty  of  violating  the  provisions  of  this  ordinance  shall    Penalty.    ^^^ 

be  fined,  upon  conviction   before   any   competent  court 

having  jurisdiction,  for  each  offence,  the  sum  of  $25,  or 

suffer  imprisonment  for  a  term  of  thirty  days. 

Art.  2823.  That  the  Commissioner  of  Public  Works  ex-     Dumping 

grounds. 

amine  into  the  expediency  of  establishing  in  the  rear  of  Ord.  No,  2936, 
each  district  of  the  city,  a  dumping  ground,  by  purchase  Mky  8,  isss. 
or  by  contract  of  owners,  and  remote  from  thickly  set- 
tled localities,  where  the  garbage,  etc.,  of  the  district 
shall  be  deposited  and  deodorized,  and  when  suitable 
shall  be  used  by  the  Commissioner  of  Public  Works  for 
filling  and  grading  and  repairing  dirt  streets  in  the 
suburban  districts,  and  should  the  accumulation  be  in 
excess  of  the  wants  of  this  department,  may  be  sold  by 
order  of  and  under  instructions  of  the  Council,  pro- 
ceeds of  sale  to  be  placed  to  credit  of  improvement  fund 
and  used  as  may  be  required  by  that  department,  and 
that  each  dumping  ground  shall  be  under  the  supervision 
and  care  of  the  superintendent  in  which  said  dumping 
ground  is  situated. 

Art.  2824.  That  Ordinance  No.  2116,  A.  S.,  and  Or- .  street  scrap- 
dinance  No.  108,  C.  S.,  in  reference  to  allowing  parties '°  ^'  '  ib. 
to  haul  away  street  scrapings,  be  and  the  same  are 
hereby  repealed,  and  that  it  shall  be  unlawful  for  any 
person  to  remove  the  street  scrapings,  garbage  or  earth 
dirt  for  the  object  of  filling  lots  or  sidewalks,  or  any 
other  purpose  ;  that  the  Commissioner  of  Public  Works 
shall  cause  the  arrest  of  any  person  known  to  have 
carted  or  hauled  away  the  above  described  material, 
and  such  offender  shall  be  punished  as  hereinafter  pro- 
vided. All  street  cleanings  and  excavations  shall  be  de- 
posited in  the  nearest  material  depot,  these  to  be  kept 
for  the  use  of  the  Department  of  Public  Works. 

Art.  282.3.  That   any  party  or  parties  violating   the    penalty, 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a  ^^' 

misdemeanor  and  subject,  on  conviction,  to  a  fine  of  not 


1068  STREETS,    SIDEWALKS   AND   GUTTERS. 

more  than  twenty-five  dollars,  collectible  before  the  Re- 
corder of  the  district  in  which  the  offence  was  committed, 
and  in  default  thereof  to  imprisonment  for  a  period  of 
not  more  than  thirty  (30)  days. 
Repealing  Art.  2826.  That  all  ordinances  in  conflict  herewith 
are  hereby  repealed,  and  that  this  shall  have  full  force 
and  effect  from  and  after  promulgation. 

Trees. 

OrT^No    I  o      ^^'^'  "^^^*  ^^^  Shade  trees  may  be  planted  on  the 

**b^ec  2  i8  6  si<l6walks,  provided  they  do  not  impede  the  passage, 
and  are  planted  on  a  line  with  the  street  on  which  they 
are  placed,  and  two  feet  from  the  outer  or  street  edge  of 
the  curbing,  to  be  protected,  while  small  and  liable  to 
injury,  by  boxes  one  foot  square,  painted  or  whitewashed. 
But  this  privilege  may  be  withdrawn  by  the  Common 
Council  whenever  such  trees  may  injure  or  encumber 
the  sidewalk  or  street,  or  impede  the  public  passage. 
Penalty.  Art.  2828.  That  any  person  cutting,  breaking  or  dam- 

c.  s.'  °"^  ^'  aging  in  any  manner  whatever  any  tree  or  trees  planted 
pn  IS,  I  .^^  ^^^  square,  walk,  street  or  other  public  place,  or  any 
trees  planted  by  any  private  person  on  any  banquette  or 
sidewalk,  shall,  on  conviction  before  the  Recorder  of 
the  district  in  which  the  offence  is  committed,  be  subject 
to  a  fine  not  exceeding  twenty-five  dollars,  and  in  default 
of  payment  of  the  fine  to  imprisonment  in  the  parish 
prison  for  a  term  not  exceeding  thirty  days. 

Trees  on  ban-  Art.  2829.  (1)  That  as  a  police  regulation  and  for 
o^rduNo.  651,  the  purposes  of  preserving  the  regularity  and  evenness 
April  1, 18S4,  of  surface  of  the  urban  banquettes,  it  shall  not  be  law- 
ful hereafter  to  plant  anew  any  tree  or  trees,  or  to  rein- 
state such  as  may  have  fallen  to  decay,  or  been  blown 
down,  or  taken  away,  or  otherwise  destroyed  in  or  upon 
any  flagged  or  cement-laid  pavement  within  the  city 
limits  5  nor  shall  any  lines   be   given   hereafter   by   the 

sur^eyon  '*^  City  Survcyor  for  the  flagging  or  cementing  of  any 
sidewalk  unless  all  trees  are  excluded  from  plans  of 
same. 

Art.    2830.   That  permission   is    hereby    given   the 
Canal  &  Claiborne  Railroad  Company  to  remove  all  of 


STREETS,    SIDEWALKS   AND   GUTTERS.  1069 

the  trees  on  the  neutral  ground  of  Canal  street,  between  Permission  to 
Claiborne  and  Delta,  the  work  to  be  done  in  such  a  man-  on  can ai  street. 

ner  as  not  to  interfere  in  any  way  with  public  or  private  c.'s. 
property,  the  said    Canal    &   Claiborne  Railroad  Com- 
pany to  make  good  any  and  all  damage  done  in  the  re- 
moval of   the  trees. 

Art.  2881.  That  any  ordinance  or  parts  of  ordinances  Repealing 
in  conflict  with  this  ordinance  be  and  the  same  are  hereby  '  ib. 
repealed. 

SIDEWALKS. 

Art.  2832.  That  on  and  after  the  passage  of  this  or- width  in  sixth 
dinance  no  pavement  will  be  constructed  on  any  side-    Districts, 
walk  in  the  Sixth  and  Seventh  Districts  of  this  city  of  a  c.  s. "    °'  '  ^' 

Oct.  I?  iSo?. 

width  less  than  five  feet  where  the  banquettes  are  ten 
feet  wide  and  over,  and  where  the  banquettes  are  less 
than  ten  feet  wide  the  pavement  laid  shall  be  one-half 
the  width  of  the  sidewalk,  but  no  pavement  shall  be 
laid  less  than  four  feet  wide.  * 

Art.  2833.  (1)  That  it  shall  not  be  lawful  for  any    Driving  over 
cartman  or  other  person  to  drive  any  horse  or  cart,  any    ord.  nc.'7I4, 
wheelbarrow  or  carriage  whatever,   over  the  banquette    May  13, 1884. 
of  any  street,  on  a  penalty  of  a  fine  of  two  dollars  ($2)  c.  s.  1^750!     ^ 
for  every  such  offence ;  provided,  that  nothing  herein 
contained  shall  prevent  any  person  from  riding,  driving 
or  leading  across  any  of  the  said  banquettes  any  horses 
or  beasts  of  burden,  any  wheelbarrow  or  carriage,  into 
or  out  of  their  respective  lots  or  tenements  ;  and  every 
cartman  or  other  person  who  shall  injure  any  such  ban-    ^^"*'*y- 
quette  or   counter  banquette  shall,  within  twenty-four 
hours  thereafter,  cause  the  same  to  be  well  and  suffi- 
ciently repaired,  on  penalty  of  a  fine  of  two  dollars. 

Art.  2834.  Section  17,  of  Ordinance  No.  3121,  O.  S.,  ^  Ame.dingo. 
'  '  '  S.3121. 

adopted  on  the  2d  of  December,  1856,  be   amended  and   O'*'- No. 7633, 

re-adopted  to  read  as  follows,  viz. :  Mar.  1,1882, 

Art.  2835.   (1)  It  shall  not  be  lawful  for  any  person    Riding  on 

or  persons  to  ride  on  horseback,  or  to  drive  any  horse  neutral. 

or  vehicle,  or  to  turn  out  any  cattle,  or  in  any  manner  ^'^°""    '     ib. 

to  exercise  the  same  on  any  banquette  of  the  city,  or  in 

the  centre   or  neutral  grounds  of  the  following-named 


1070  STREETS,    SIDEWALKS  AND   GUTTERS. 

streets:  Canal,  Basiu,  Rampart,  Esplanade  or  Claiborne 
streets,  St.  Bernard,  St.  Charles,  Napoleon,  Louisiana 
avenues,  or  in  or  about  Coliseum  Place,  or  in  or  about 
any  public  squares. 
Penalty.  Art.  2836.  (2)  Any  persou  or  persons  violating  any 

of  the  provisions  of  this  ordinance   shall,    for  each  of- 
fence, be  subject  to  arrest  and  to  a  fine  and  penalty  of 
not  less  than  five  and  not  more  than  twenty-five  dollars, 
or  to  imprisonment  not  more  than  ten  days,  the  same  to 
be  collected  or  enforced  by  the  Recorder  or  by  any 
court  having  jurisdiction. 
Amending  c.      Art.  2837.  (1)  That  it  shall  not  be   lawful  for  any 
Dnvine    o  n  pcrsou  to  drivc  any  horse,  cow  or  mule,  cart  or  vehicle 
Ord?No.^i7So,  of  any  description  whatsoever ;  any  wheelbarrow,  bicycle 
April 20,  i8S6.  or  articlc  with  wheel  or  wheels,  propelled  by  hand  or 
other  motive  power,  over  the  banquette  of  any  street  on 
penalty  of  a  fine  of  five  dollars,   recoverable   before  the 
Recorder  of  the  district  in   which   the   offence   is   com- 
^  mitted,  or  in  the  event  of  non-payment   of   the   fine  so 

imposed,  imprisonment  by  the  Recorder  for  a  period 
not  more  than  ten  days ;  provided,  however,  that  noth- 
ing herein  contained  shall  prevent  any  person  or  per- 
sons from  riding  or  driving  across  any  of  the  said  ban- 
quettes any  horses  or  beasts  of  burden,  wheelbarrows, 
Pushing bicy- bicycles,  vehicles  or  articles  with  wheel  or  wheels,  pro- 
permi  e  .  p^jj^^  -^y  horsc,  h«ind  or  other  power  into  or  out  of  their 
respective  lots  or  tenements.  It  being  understood  that 
nothing  herein  contained  shall  prevent  owners  of 
bicycles  or  persons  having  same  from  pushing  their 
bicycles  over  said  banquettes. 

Ordinance  No.  8382,  C.  S.,  authorizes  Commissioner  of  Public 
Works  to  employ  three  competent  persons  as  banquette  inspectors. 

GRADE. 

Uniterm  grade     Art.  2838.  That  the  City  Surveyor  be  and  he  is  here- 

Ord".^No.  6362,  by  directed  to  make  and   establish  and  set  a  uniform 

Miy,  24, 1892.  grade  of  banquettes  and  sidewalks  in  the  city  of  New 

Orleans  in  conformity  with  Act  No.  114  of   1886;  and 

that  after  said  establishing  and  fixing  and  setting  said 

grade,  he  is  hereby  directed  to  report  same,  street  by 


Penalty. 


STREETS,    SIDEWALKS   AND   GUTTERS.  10  71 

street,  to  the  City  Council  for  approval  and  establish- 
ment as  the  official  uniform  grade  for  the  city  of  New 
Orleans  for  all  banquettes. 

Art.    2839.  (1)    That  a   uniform  grade   shall  be  es-    owner  to  pay 
tablished  for  all  sidewalks  within  the  corporate  limits  of    Ord.  No.  749, 
this  city,  and  that  the  owners  of  all  property  fronting    June  10,1884, 
any  public  alley  or  street   shall,  at  their  own    expense, 
cause  their  sidewalks  to  be  made  in  conformity  to  said 
grade  within  ten  days  after  the   same  shall   have  been 
established  by  the  City  Surveyor  and  notice  served  by 
the  Commissioner  ot,  Public  Works   upon   the   owner, 
agent  or  tenant  of  said  property.     Any  owner  of  prop-    Penalty, 
erty  who  shall  fail  to  cause  said  sidewalk  to  be  so  graded, 
after  due   notification  and  within   ten   days  thereafter, 
shall  be  subject  to  a  fine  of  not   less  than  twenty-five 
dollars  for  each   and  every   offence,  and  in   default  of 
payment  of  said  fine  to  imprisonment  for  a  period  of  not 
less  than  thirty  days,  or  both,  at  the  option  of  the  court; 
said  fine  or  imprisonment  to   be   imperative,  and   to  be 
enforced  by  any  court  of  competent  jurisdiction. 

Art.  2840.  (2)  All  laws  or  parts  of  laws  in  conflict  Repealing 
herewith  are  hereby  repealed. 

Art.  2841.  (1)  That  the  City  Surveyor  be  and  he  is  Grade  of  ban- 
hereby  directed  to  establish  a  uniform  grade  of  ban- ^ord*  No.  1989, 
quettes  in  accordance  with  the  provisions  of  Act  No.  114  bet.  36, 1886. 
of  1886,  as  follows:. 

First — Of  all  banquettes  in  that  portion  of  the  city 
known  as  the  First  District  of  this  city. 

Second — Of  all  banquettes  in  that  portion  of  the  city 
known  as  the  Second  District  of  this  city. 

Third — Of  all  banquettes  in  that  portion  of  the  city 
known  as  the  Third  District  of  this  city. 

Fourth — Of  all  banquettes  in  that  portion  of  the  city 
known  as  the  Fourth  District  of  this  city. 

Fifth — Of  all  banquettes  in  that  portion  of  the  city 
known  as  the  Fifth  District  of  this  city. 

Sixth — Of  all  banquettes  in  that  portion  of  the  city 
known  as  the  Sixth  District  of  this  city. 

Seventh — And  all  of  banquettes  in  that  portion  of  the 
city  known  as  the  Seventh  District  of  this  city. 


1072 


STREETS,    SIDEWALKS   AND    GUTTERS. 


Conformity  of 
sane. 


Service  of 
nvtice. 


Penalty. 
Ord.  No.  SOQS, 
C.  S. 
Feb.  3,  1891. 


Repair    of 
sidewalks,   al- 
leys, etc. 
©rd.  No 
A.  S. 

Nov.,  1871. 


'MS: 


Failing  to  re- 
pair. 


PeBalty. 


Art.  2842.  (2)  That  as  soon  as  the  said  grade  is 
given  and  established  it  shall  be  recognized  as  the  grade 
at  which  all  banquettes  shall  conform  to ;  and  the  Com- 
missioner of  Public  Works  be  and  he  is  hereby  directed 
to  issue  and  serve  notice  upon  all  property  owners,  or 
their  agents  or  representatives,  to  commence  work  and 
reconstruct,  whenever  necessary,  all  banquettes  to  the 
proper  grade,  as  provided  for  in  Act  114  of  1886. 

Art.  2843.  (3)  That  whoever  shall  violate  the  pro- 
visions of  this  ordinance  shall  be  subject  to  a  fine  not  to 
exceed  twenty-five  dollars,  or  imprisonment  in  the  parish 
prison  for  a  term  not  to  exceed  thirty  days,  or  both,  or 
imprisonment  in  the  said  parish  prison  for  a  term  not 
to  exceed  thirty  days  in  default  of  payment  of  the  fine, 
to  be  imposed  by  the  Recorder  of  the  district  wherein 
the  offence  is  committed ;  provided,  that  the  fine  shall 
not  exceed  twenty-five  dollars  for  each  offence  nor  the 
imprisonment  more  than  thirty  days. 

Art.  2844.  (1)  That  whenever  any  of  the  sidewalks^ 
common  alleys  or  foot  passages  within  the  corporate 
limits  of  the  city  of  New  Orleans  shall  need  repairs,  it 
shall  be  the  duty  of  the  Administrator  of  Improvements, 
or  his  authorized  deputies,  to  require  in  writing  the 
owners  of  the  property  fronting  or  bordering  thereon,  or 
their  agents,  to  cause  said  repairs  to  be  made  within  ten 
days  after  the  service  of  said  notice. 

Art.  2845.  (2)  That  any  person  or  persons  refusing 
or  neglecting  to  repair  the  sidewalks,  common  alleys  or 
foot  passages  in  front  of  his  or  their  property,  or 
bordering  thereon,  or  cause  the  same  to  be  made  when 
required,  after  the  expiration  of  the  ten  days,  shall  be 
liable  to  a  fine  of  ten  dollars  for  each  day  he  or  they 
are  in  contravention  (said  fine  to  be  recoverable  in  the 
Recorder's  Court  of  the  district  wherein  the  property  is 
situated),  or  imprisonment  for  a  period  not  exceeding 
thirty  days. 

Art.  2846.  (3)  That  all  repairs  to  sidewalks,  com- 
mon alleys  or  foot  passages  shall  be  made  of  material  of 
the  same  quality  as  was  used  in  their  original  con- 
struction, and  the  work  shall  be  subject  to  the  approval 
of  the  City  Surveyor. 


STREETS,    SIDEWALKS   AND   GUTTERS. 


1075 


REPAIRS. 


Grass,  weeds. 


Failure. 


Art.  2847.  (1)  That  whenever  any  of  the  sidewalks,    sidewalks,, 

^     '  -'  '  etc.,    requiring: 

common  alleys  or  foot  passages   within   the   corporate  '^^^^^j''^^^,    ^ 
limits  of  the  city  of  New  Orleans  shall  need   repairs,  it  c.  s.     ^   ^^ 
shall  be  the  duty  of  the  Commissioner  of"  Public  Works 
to  require  in  writing  the  owners  of  the  property  fronting 
or   bordering  thereon,    or  their   agents,    to   cause  said  ^^^o ^ n e^r s^  or 
repairs  to  be  made  within  ten   days  after  the   service  of  ^^^^  repairs, 
said  notice. 
Art.  2848.  (2)  That  all  repairs  to   sidewalks,  com- Material  usej,- 

^     ''  ^  '        _  Grade  t  o  be 

mon   alleys  or  foot  passages  shall  be  made  of  materials  maintained, 
of  same  quality  as  was  used  on  their  original  construc- 
tion, and  the   work  shall  be  subject  to  the  approval  of 
the  City  Surveyor;  the  proper  grade  to  be  maintained. 

Art.  2849.  (3)  That  the  proprietors,  or  their  agents, 
of  the  lots  or  houses  fronting  on  the  public  ways  in  this 
city,  or  incorporated  suburbs,  shall  cause  to  be  uprooted 
and  removed  all  the  grass  or  weeds  growing  on  the  side- 
walks and  gutters  in  front  of  their  property ;  and  any 
person  or  persons  contravening  this  provision  shall  be 
notified  by  the  Commissioner  of  Public  Works  to  com- 
ply within  the  time  specified  in  the  first  section  of  this 
ordinance. 

Art.  2850.  (4)  That  any  person  or  persons,  or  his  or  Penalty, 
their  agent  or  agents,  refusing  or  neglecting,  after  ser- 
vice of  the  notice  required  in  the  preceding  sections,  to 
repair  the  sidewalks,  common  alleys  or  foot  passages  in 
front  of  his  or  their  property,  or  bordering  thereon,  or 
cause  the  sam«  to  be  made,  or  to  uproot  and  remove  the 
grass  or  weeds  from  the  sidewalks  and  gutters  fronting 
the  same,  after  the  expiration  of  ten  days,  shall  be  liable 
to  a  fine  of  ten  dollars  for  each  day  he  or  they  shall  be 
in  contravention  (said  fine  to  be  recoverable  in  the 
Recorder's  Court  of  the  district  where  the  property  is 
situated),  or  imprisonment  for  a  term  of  not  exceeding 
thirty  (30)  days. 

Art.  2851.  (5)  That  it  shall  be  the  duty  of  patrolmen  outv  of  patroi- 
on  day  duty  to  make  daily  inspections,  and  to  report  to    ""^"^ 
their  respective  commanders  any  and  all  violations  of  the 


I 


1074  STREETS,    SIDEWALKS   AND   GUTTERS. 

provisions  of  this  ordinance,  and  said  commanders  shall 
issue   the   notices   provided   for   in  sections  1,  2  and  3 
hereof. 
Complaint     Art.  2852.  (6)  That  there  shall  be  at  every  precinct 
jfrct.  station,  within   the   corporate   limits  of  the  city,  a  com- 

plaint  book,  kept  for  the  nse  and  benefit  of  any  citizen 
or  citizens  who  may  desire  to  report  nuisances  ;  all  books 
and  blanks  necessary  for  this  purpose  shall  be  furnished 
mishLd!  °'"  "    by  the  city  immediately   after  the  passage  of  this  ordi- 
nance to  the   clerks   of  precinct  stations,  who  shall   be 
and   are  hereby   required  to  make  proper  entries  of  any 
and  all  complaints  lodged  with  them. 
Repeal  of  or-      Art.  2853.  (7)   That  all  otlicr  city  ordiuauccs  relating 
fllctlnj^*  ""^  to  the  subject  matter  hereof  are  expressly  retained  in 
force,  except  so  far  as  they  may  conflict  herewith,  and 
to  that  extent  they  are  hereby  repealed ;  this  ordinance 
to  go  into  effect  on  and  after  its  passage. 
Sidewalks.        Art.    2854.    That   whenever    the    property    owners 
o.  s.  ■      ■  "*  *  at  the  corners  of  the  streets  relay  their  sidewalks  they 
shall  have  the  privilege  of  relaying  the  intersections, 
for  which  the  city  is  obliged  to  pay,  and  be  reimbursed 
by  the  city  for  said  portion,  at  the  price  fixed  by  the 
Surveyor. 
Repealing     Art.  2855.  That  Ordinances  Nos.  3973  and  5097,  ('. 
and  S097,  c.  s.  is.^  be  and  the  same  are  hereby  repealed, 
c.  s."    °'  ^^  '^'     Art.  2856.  That  whoever  shall  violate  the  provisions  of 
Penally.        ^his  Ordinance  shall  be  subject  to  a  fine  not  to  exceed 
^'''twenty-five  dollars,  or  imprisoned  in  the  parish  prison 
for  a  term  not  to   exceed  thirty   days,  or  both,  or  im- 
prisoned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offenct' 
is  committed  ;  provided,  that  the  fine  shall  not  excee<l 
twenty-five   dollars  for   each  offence,  nor  the  imprison- 
ment more  than  thirty  days. 

ALIGNMENT   OF   SIDEWALKS. 

St.  chaties     Art.  2857.  (2)  That  in  that   portion   of   St.  Charles 

"*  Ord.^No.  130,  avenue  between  Tivoli  Circle  and  Toledano  street,  the 

Miv,  1870.     following  dimensions  of  sidewalks,  roadways  and  neu- 


STREETS,    SIDEWALKS   AND   GUTTERS.  1075 

tral  irroiind  are  hereby  established  :  Sidewalks,  eighteen    Dimension 

"  "  ,   .  .  „        of  sidewalks. 

(18)  feet  in  width,  two  (2)  roadways  of  thirty-six  (36) 
feet  and  six  (6)  inches  in  width  ;  one  (1)  neutral  ground 
of  nineteen  (19)  feet  in  width. 

Art.  2858.  (3)  That  the  sidewalks  of  St.  Charles  Paving, 
avenue,  from  Tivoli  Circle  to  St.  Mary  street,  shall  be 
paved  or  flagged  the  entire  width  of  eighteen  (18)  feet, 
and  from  St.  Mary  street  to  Toledano  street  twelve  (12) 
feet  of  the  sidewalk  shall  be  paved  or  flagged  until  the 
Council  shall  direct  that  the  whole  space  be  paved  or 
flagged. 

Art.  2859.    That  the  width  of  the  sidewalk  on  both  xuiane aven«e. 
sides  of  Tulane  avenue,  from  Rampart  to  Claiborne,    bee.  s."    °'^  ^^' 
and  the  same  is  hereby  fixed  at  twenty-five  feet,  and  the 
City  Engineer  is  hereby  authorized  to  give  lines  and  lev- 
els in  accordance  therewith. 

PAVEMENT   OP   SIDEWALKS. 

Art.  2860.  That  on  and  after  the  passage  of  ordinances   official  notice 
by  the  City  Council  giving  notice  of   its   intention   to   ord.^N 01*8422, 
have  the  sidewalks  on  any  street  in  the  city  of  New  Or-    Dec  5, 1893. 
leans  paved  under  the  provisions  of   Act   119   of   1886, 
notices  shall  be  officially  given  to    all   property  owners 
on  the  street  sixty  days  prior  to  any   further   action   in 
relation  to  the  banquettes  on   such   streets   as    may   be 
mentioned  in  the  ordinance,  excepting  the   publication 
of  the  ordinance  according  to  law. 

Art.  2861.  That  on  the  passage  of  an  ordinance  by  Duty  of  Com - 
the  City  Council  advising  of  its  intentions  to  pave  the  puWiVwodcs"^ 
.sidewalks   on   any   street,  the  Commissioner  of  Public  ^'*' 

Works  will  immediately  proceed  to  officially  notify  the 
property  owners  on  the  streets  mentioned  in  the  or- 
dinance that  sixty  days  after  the  date  of  the  notice  the 
City  Council  will  proceed  to  have  the  banquettes  laid  in 
front  of  their  premises  by  advertisement  and  adjudica- 
tion according  to  law. 

Art.  2862.  That  the  Commissioner  of  Public  Works  Property 
will  prepare  the  necessary  blanks,  which  will  be  filled  out  s«ve"with  nV 
and  officially  signed ,  and  which  he  will  cause  to  have  ''"**'^  ^'""ib! 
•delivered  to  each  property  owner  on  the  street  or  streets 


107G 


STREETS,    SIDEWALKS   AND   GUTTERS. 


named  in  the  ordinance  above  referred  to,  and  will 
canse  to  have  delivered  this  notice  to  the  owner  or  agent, 
and  failing  to  find  either  the  notice  will  be  tacked  on  the 
front  of  the  premises,  and  he  will  also  advise  the  Coun- 
cil of  the  expiration  of  the  time  indicated  in  said  notices. 

bJ'''con"suuaed     ^^^*  ^^^^-  "^^^^   ^^^^^  property  owners   as  desire  to 
by  property  construct  their  banquettes  shall  do  so  within  the   ninetv 

owners.  j  •« 

lb.  days  specified  in  the  notice,  and  all  work  to  be  done 
under  the  supervision  and  according  to  lines  and  levels 
of  the  City  Engineer,  and  in  strict  accordance  witli 
specifications  on  file  in  the  office  of  the  City  Engineer, 
cfule^*^'"^  Art.  2864.  That  all  ordinances  or  parts  of  ordinances 
in  conflict  with  the  provisions  of  the  foregoing  ordi- 
nance be  and  the  same  are  hereby  repealed. 

OBSTRUCTING    SIDEWALKS. 

Erection  of     Art.  2865.  (1)    That  wheuevcr  in   the  course  of  the 

buildings. 

ord.  A0.18S7,  work  of  construction,  alteration  or  repair  of  any  build- 

juiy27, 18S6.  ing,  it  may  become  necessary  to  obstnict  any  sidewalks 
or  street  in  the  prosecution  of  the  work,  or  for  the  de- 
posit thereon  of  any  debris  or  material,  it  shall  be  the 
debris  or  ma-  duty  of  the  owucr  of  such  building,  or  in  case  such 
work  shall  be  done  by  a  contractor,  then  it  shall  be  the 
duty  of  such  contractor  to  afford  to  all  pedestrians  free 

Passage  for  and  casy  passage  around  such  obstructions  by  means  of 
^^Ffank^v^k.  a  substantial  plank  walk  at  least  one  foot  wide,  which 
he  shall  cause  to  be  constructed  and  maintained  until 
such  obstructions  shall  have  been  entirely  and  perma- 
nently removed. 

Penalty.  ^^  Art.  2866.  (2)  That  any  person  violating  the  provi- 
sions of  this  ordinance  shall  be  liable  to  a  fine  of  not 
less  than  twenty-five  dollars,  or  imprisonment  for  not 
less  than  five  days,  or  both,  for  each  violation,  to  be 
imposed  by  the  Recorder  of  the  district  where  the  vio- 
lation may  occur. 

Kepeaiing     Art.  2867.  (3)   That  all  ordinances  in  conflict  or  in- 

clause.  _  ^     ' 

consistent  with  the  provisions  of  this  ordinance  be  and 
same  are  hereby  repealed,  and  that  this  ordinance  shall 
take  effect  from  and  after  its  passage. 


i 


STREETS,    SIDEWALKS   AND   GUTTERS.  1077 


OBSTRUCTING   GUTTERS. 

Art.  2868.  (3)  That  all  owners,  builders,  contractors,    obstructing 

fifutters   etc. 

master  workmen,  or  other  persons  whatever,  are  forbid-  '       ib. 

den  to  obstruct  the  passage  of  water  in  any  gutter,  by  o.  s.  2^14. 
depositing  therein  any  building  materials,  rubbish  or 
other  materials  whatever ;  they  are  forbidden  to  erect 
or  make,  or  cause  to  be  erected  or  made,  any  dam  in  any 
gutter  or  gutters ;  they  are  forbidden  to  make,  or  cause 
to  be  made,  any  mortar-bed  over  any  gutter,  unless 
there  is  left  a  free  and  open  space  of  at  least  one  foot 
in  width  between  the  side  of  the  mortar-bed  and  the 
<;urb-stone,  so  that  the  gutters  may  at  all  times  be  easily 
•cleaned ;  and  they  are  forbidden  to  allow  their  work- 
men, servants  or  employees  to  obstruct,  deposit,  erector 
make  as  aforesaid,  under  a  penalty  of  not  less  than  ten 
nor  more  than  one  hundred  dollars,  recoverable  as 
aforesaid. 

Art.  2869.  (4)  That  the  Street  Commissioner  and  his  Enforcement 
deputies  be  and  they  are  hereby  authorized  and  re-° 
quired  to  see  that  the  several  provisions  of  this  ordi- 
nance be  complied  with  and  enforced ;  and  in  all  cases 
where  a  party  or  parties  may  be  found  acting  in  contra- 
vention to  this  ordinance,  and  refuse  or  neglect  to  com- 
ply with  the  same  after  being  notified  thereof  in  writ- 
ing, said  officers  shall  have  authority  to  cause  all  ma- 
terials found  placed  in  contravention  to  this  ordinance 
to  be  removed  to  the  public  grounds,  or  some  other  safe 
and  proper  place  of  deposit,  and  if  the  same  be  not 
claimed  within  thirty  days  thereafter,  and  the  fines  and 
expenses  thereon  paid,  they  shall  be  advertised  in  the 
official  journal  three  times  during  ten  days,  and  sold  at 
public  auction ;  and  the  proceeds  of  any  such  sale,  after 
deducting  all  fines  and  expenses,  shall  be  paid  into  the 
City  Treasury,  subject  to  the  claim  of  any  owner  of  the 
(property  sold  as  aforesaid. 

Art.  2870.  That  it  shall  be  unlawful,  under  a  penalty    Lines   and 

f  fifty  dollars,  for  each  and  every  offence,  for  any  per- '^'oec.,  1879. 

on  or  persons  to  lay  any  sidewalk,  street,  railroad  or    '^•''•^*'- 

ther  improvement  upon  the   streets,  sidewalks,  public 


1078  STREETS,    SIDEWALKS   AMD   GUTTERS. 

ways  or  grounds  of  the  city  until  the  lines  and  levels 
thereof  shall  have  been  furnished  by  the  City  Surveyor, 
and  Deputy  Surveyors  shall  not  give  such  lines  and 
levels  unless  by  special  instructions  from  the  City  Sur- 
veyor. 
Obstructing     Art.  2871.   (10)  No  persou  shall  impede  or  obstruct 

flow  of  water.  \        y  f  f 

ord.  No,  6o22,  the  now  of  water  m  any  gutter,  canal,  pipe  or  other  con- 
june,  i87Q.     duit  used  for  draining  within   the   limits  of  the  city  of 

New  Orleans. 

Carriage     Art.    2872.   That  ou   aud   after  the  passage  of  this 

Ord!  No.  S3r4,  ordinance  all  carriage-ways  over  sidewalks,  into  private 

"nov.  14, 1S93.  property,  shall  be  paved  for  the  whole   width   of   the 

opening  of  said   carriage-way   with  a  hard,  well-burnt 

brick  laid  on  edge,  and  resting  on  a  concrete  foundation, 

not  less  than  four  (4)  inches  thick,  these  carriage-ways 

to  be  built  in  accordance  with  plans  and  specifications  on 

file  in  the  office  of  the  City  Engineer. 

Art.  2873.  That  carriage  entrances  across  banquettes 
shall  not  be  built  of  wood,  but  shall  be  built  of  good, 
hard-burnt  lake  brick,  vitrified  brick,  Belgian  block, 
extra  quality  of  concrete  pavement,  or  tiles  or  other 
material  which  will  form  a  smooth,  even  surface,  and 
which  will  be  acceptable  to  the  City  Engineer. 
Penally.  Art.   2874.  Any  person  violating  the  said  ordinance 

Ord.  No.  10,341.  . 

Feb.  12,189s.  shall,  upon  conviction,  be  fined  not  less  than  ten  dollars 
nor  more  than  twenty-five  dollars,  or  in  default  of  pay- 
ing the  fine,  ten  days  parish  prison. 
Private  drains.     Art.  2875.  That    a    drainage    gutter    shall   be   con- 
c.  s.'     '       '  structed  on  each  and  all  premises  in  the  city  of  New  Or- 
*^"'''   °"    leans,  the  said  gutter  to  be  constructed  of  stone,  con- 
crete, brick  or  wood,  and  shall  be  graded  so  as  to  have 
a  fall  of  not  less  than  one-quarter  of  an  inch  to  every 
ten  feet,  and  to  extend  the  entire  length  of  said  prem- 
ises, and  shall  connect  with  the  street  gutters,  the  grade 
to  commence  at  curb  of  street  gutter,   said  work  to  be 
done  under  the  supervision  of  the  Board  of  Health  and 
City  Engineer. 
Penalty  Art.  2876.  Auy  person  or  persons  violating  the  pro- 

visions of  this  ordinance  shall  be  subject  to  a  fine  of 
twenty -five  dollars,  or  imprisonment  for  thirty  days  in 


Power  of  the- 


STREETS,    SIDEWALKS   AND   GUTTERS^  107i> 

default  thereof,  for  every  such  contravention,  recover- 
able before  the  Recorder's  court  having  jurisdiction  of 
the  district  wherein  the  offence  is  committed, 

ACTS  OF  THE  LEGISLATURE. 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Eepresen- 
tatives  of  the  State  of  Louisiana,  in  General  Assembly  convened 
That  if  any  person  or  persons  shut  up,  by  means  of  a  fence  or  any  Mayor, 
other  obstruction,  any  street  or  public  way,  acknowledged  as 
such,  and  of  which  the  public  shall  be  in  actual  possession  in  the 
city  of  >ievv  Orleans,  either  in  the  city  itself  or  in  the  incorporated 
or  unincorporated  faubourgs,  the  Mayor  shall  liave  the  power, 
upon  the  fact -being  made  known  to  him  by  an  aftidavit  of  any 
credible  person,  to  cause  the  said  fence  or  other  obstruction  to  be 
removed  at  the  expense  of  the  person  who  shall  have  erected  the 
same,  after  having  given  written  notice  to  said  person,  if  he  be 
known,  to  destroy  or  remove  the  same,  within  any  reasonable 
delay  he  shall  determine;  or  if  said  person  be  not  known,  the 
said  Mayor  shall  cause  the  said  fence  or  other  obstructions  to  be 
removed  or  sold,  if  said  objects  are  salable,  upon  inserting  a 
notice  to  that  effect,  in  English  and  French,  in  two  of  the  news- 
papers of  New  Orleans.     Acts  of  1830,  p.  114. 

Act  135  OF  1894. 

'J'o  prevent  the  tearing  up  of  public  streets,  except  under  certain 
conditions  and  to  promote  the  public  health;  also  to  provide 
penalties  for  its  violation. 

Section  1.  Be  it  enacted  by  the  fren^ral  Assembly  of  the  State 
of  Louisiana,  That  it  shall  be  unlawful  for  any  person,  firm,  con- 
tractor, or  corporation  to  tear  up  any  street  in  any  "city  for  the     Relative  to 
purpose  of   laying  tracks,  sewer  pipes,  gas  or  water  pipes,  or^'^j  '^*^u"b'f  i"'' 
other  work  of  like  character  which  might  necessitate  digging  and  streets, 
overturning  the  earth  of  said  streets,  from  May  1  to  September  1 
in  each  year,  except  under  the  following  conditions,  to-wit: 

Provided,  that  the  contractor,  builder  or  persons  carrying  on 
such  work  shall  not  tear  up,  interrupt  or  obstruct  more  than 
three  blocks  of  any  mile  of  street  at  one  and  the  same  time;  pro-  proviso 
vided,  that  permission  be  first  obtained  from  State  Board  of 
Health  to  conduct  such  operations  during  such  season,  under  its 
supervision. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  any  contractor,  fore- 
man of  contractor,  superintendent  or  other  persons  who  shall 
violate  this  law  shall  be  forthwith  arrested,  and  on  conviction  Penalty, 
shall  be  fined  not  less  than  one  hundred  ($100)  dollars,  or 
imprisonment  for  not  less  than  sixty  days,  at  the  discretion  of 
the  court,  for  each  offence. 

Paving  of  unpaved  streets.    See  section  32.  City  Charter,  see 
p.  25;   Act  113  of  1886,  see  p.  42. 


1080  STREETS,    SIDEWALKS   AND   GUTTERS. 

Xew  paving  for  paved  streets.  See  section  33,  City  Charter, 
see  p.  76. 

Opening  of  streets.    See  section  34,  Citj-  Charter,  see  p.  27. 

Publication  of  petitions  for  paving,  etc.  See  section  35,  see  p. 
27,  City  Charter. 

Repair  of  streets.    See  section  36.  City  Charter,  see  p.  28. 

Eight  of  Council  to  provide  for  paving  of  streets.  See  section 
37,  City  Charter,  see  p.  28.  Amended  by  Act  119  of  1886,  see  p. 
44.     Amended  by  Act  142  of  1894,  see  p.  45.  , 

Authority  to  establish  uniform  grade  of  banquettes.  Act  114 
of  1886,  see  p.  39;  section  8,  City  Charter,  see  p.  42. 

DECISIONS  OF  SUPREME  COURT. 

1.  The  municipal  authorities  are  bound  to  preserve  unobstruct- 
ed, for  public  use,  the  streets  of  the  city  and  the  banks  of  the 
river,  which  are  public  places:  and  though  they  may  tolerate, 
temporarily,  works  not  deemed  injurious  to  the  rights  of  the  pub- 
lic, no  permission  of  a  Council  can  prevent  a  subsequent  Council 
from  putting  an  end  to  such  toleration.     6  R.  349. 

2.  A  purchase  of  real  estate  by  the  corporation,  with  a  view  to 
divide  it  into  lots  and  streets,  and  to  resell  ♦^he  property  for  the 
public  convenience,  etc..  is  legal.     2  R.  491. 

3.  The  Council  may  order  the  removal  of  works  and  the  demo- 
lition of  buildings  that  interrupt  or  impede  the  use  of  the  public 
ways  and  the  banks  of  the  river  (4M.  10.  and  pp.  2  and  3  La.  563). 
And  the  power  of  regulating  the  public  ways  and  maintaining 
order  thereon  is  in  the  Council.     5  An.  34. 

4.  The  corporation  have  the  power  to  impose  a  tax  on  the  front 
proprietors  of  ground  within  the  city  and  incorporated  faubourgs 
for  the  purpose  of  paving  the  streets  and  making  the  banquettes. 
1  La.  5. 

5.  Owners  of  real  estate  can  not  be  compelled  to  pay  any  por- 
tion of  the  cost  of  paving  done  in  front  of  their  property,  unless 
such  paving  was  desired  to  be  done  by  a  special  ordinance,  after 
notice  given  to  the  parties  interested.     8.  R.  198. 

6.  The  corporation  has  no  power  to  take  the  property  of  in- 
dividuals for  the  purpose  of  making  a  public  street,  without 
granting  previous  compensation  to  those  individuals.     5  La.  422. 

7.  The  question  as  to  the  breadth  of  land  which  a  municipal 
corporation  has  a  right  to  require  for  the  construction  of  a  road 
and  levee  is,  within  certain  limits,  an  administrative  question,  to 
be  left  to  the  discretion  of  the  local  authority.    4  An.  73. 

8.  The  charge  imposed  by  ordinance  for  paving  sidewalks  is 
not  a  tax,  and  institutions  exempt  from  taxation  will  have  to  pay 
it.     4  An.  1. 

9.  Public  streets  and  roads  can  not  be  appropriated  to  private 
uses.    3  M.  303. 


STREETS,    SIDEWALKS  AND   GUTTERS.  1081 

10.  The  right  of  soil  in  public  roads  is  vested  in  the  public, 
and  such  a  road  can  not  be  considered  as  a  mere  servitude, 
or  right  of  way,  due  by  the  proprietor  of  the  adjoining  lands.  4 
M.  136.  But  the  principle  laid  down  in  this  case  is  subject 
to  some  limitation.  The  property  in  highways  (grand  chemins) 
is  vested  in  the  whole  nation,  but  public  roads  (chemins  publics) 
may  be  made  on  land  subject  to  private  ownership.     3  An,  482. 

11.  The  use  of  the  banks  of  the  river  and  the  batture  outside  of 
the  levee  is  vested  in  the  public;  but  the  ownership,  or  title  to 
the  soil,  is  vested  in  the  front  proprietors,  and  they  can  not  de- 
prive the  public  of  the  right  of  use  at  their  own  pleasure,  or  im- 
pose any  legal  limitations  on  it.  18  La.  122.  178.295;  13  La.  331. 

12.  Xo  silence  or  length  of  time  can  deprive  a  corporation  of 
its  power  over  public  places.  Its  inaction  may  give  an  estate  by 
sufferance,  but  nothing  more.     4  An.  73;  4  M.  10. 

13.  The  space  between  the  public  road  and  the  levee  is  private 
property,  to  the  exclusive  use  of  which  the  owner  is  entitled; 
and  he  may  use  the  part  which  extends  from  the  levee  to  the 
river,  subject  to  the  regulations  of  the  municipal  authority,  pro- 
vided he  do  not  prevent  the  use  of  it  by  others;  and  he  may  con- 
fer upon  a  lessee  the  same  right.    8  R.  211. 

14.  The  property  of  the  banks  of  the  rivers  is  in  those  who  pos- 
sess the  adjacent  lands,  and  they  have  a  right  to  prevent  the  un- 
lawful use  of  them  by  the  agents  of  the  public.     4  An.  30. 

15.  Public  places  within  the  limits  of  a  corporation  can  not  be 
appropriated  to  private  use.  2  An.  770.  The  sovereign  alone 
has  the  power  of  changing  the  destination  of  public  places.  3 
An.  230. 

16.  Within  the  limits  of  incorporated  towns  the  municipal  gov- 
«i-nments  are  authorized  to  regulate  the  use  of  the  banks  of 
rivers  and  to  cause  obstructions  to  be  removed ;  but  they  have  no 
right  to  convert  the  batture  formed  in  front  of  the  property  of  in- 
dividuals to  private  purposes,  such  as  woodj-ards  and  the  like.  5 
An.  36. 

17.  Squares,  or  other  places  of  land,  left  vacant  on  the  plan  of 
a  city  are  not,  in  consequence  of  that  fact  alone,  to  be  considered 
as  public  places  and  dedicated  for  the  use  of  the  whole  world, 
unless  the  plan  contain  something  on  its  face  to  show  such  dedi- 
cation, implying  a  promise  on  the  part  of  the  owner  that  thej-^ 
should  remain  open.  5  La.  132;  9  La.  153;  16  La.  509;  IS 
La.  286;  3  An.  282. 

18.  The  city  may  remove,  as  nuisances,  buildings  which  em- 
join  on  the  line  of  the  street.     1  M.  187. 

183^.  The  owner  of  property,  who  divests  himself  of  a  title  by 
dedication  to  public  use,  can  not  recover  it.     7  An.  509. 

19.  The  commissioners  appointed  under  the  act  of  1832,  p.  132, 
for  opening  and  widening  streets,  are  made  the  sole  judges  of  the 
cases  in  which  improvements  are  of  so  general  a  nature  as  to  re- 


1082  STREETS,    SIDEWALKS   AND   GUTTERS. 

quire  a  payment  of  a  portion  of  the  expenges  by  the  whole  coni- 
inunity.  13  La.  325.  An  assessment  is  the  peculiar  province  of 
commissioners,  and,  like  the  findings  of  a  jury,  should  not  be  dis- 
turbed except  for  manifest  error.  L5La.  597.  The  court  can,  in 
no  case,  amend  an  assessment  made  by  the  commissioners.  The 
report  must  be  approved  or  rejected  in  toto;  and  in  case  of  rejec- 
tion, the  court  is  bound  either  to  appoint  new  commissioners  or 
to  refer  the  whole  matter  back  to  the  same.    4  R.  357;  4  An.  7. 

20.  The  proceedings  may  be  discontinued  on  the  payment  of 
costs,  at  any  time  before  the  final  confirmation  by  the  court  of 
the  report  of  the  assessors.  No  rights  are  acquired,  or  titles  di- 
vested, until  the  assessments  have  been  approved  by  the  court. 
4  An.  4;  5  An.  112;  11  R.  97;  12  R.  456. 

21.  Where  the  city  takes  possession  of  a  private  lot  for  public 
use  interest  on  the  price  will  be  due  from  the  time  of  taking  pos- 
session.    2  An.  651. 

22.  When  a  person  pulls  down  the  barricades  erected  on  the 
streets  of  the  city  by  a  paving  contractor,  and  thereby  causes  the 
pavement  to  be  injured  before  it  is  ready  for  public  use,  he  is  re- 
sponsible to  the  contractor  for  the  damage  he  has  caused.  6 
An.  569. 

23.  The  municipalities  had  the  power  to  order  sidewalks  and 
gutters,  and  the  proprietors  of  property  in  front  of  which  such 
improvements  were  made  are  liable.     7  An.  25. 

24.  The  city  ordinance  imposing  upon  the  proprietor  one- 
third  of  the  expense  of  paving  the  street  in  front  of  his  property 
is  unconstitutional.     10  An.  59;  1  La.  1. 

25.  The  municipality  had  authority  to  impose  a  portion  of  the 
cost  for  the  removal  of  a  dilapidated  and  insufficient  pavement, 
and  making  a  new  and  sufficient  one  in  its  stead,  on  the  proprietor 
of  property  fronting. the  street  so  improved.  10  An.  57.  (See 
Acts  of  1856.  Sec.  120,  p.  164.) 

26.  In  making  the  assessment  under  the  act  of  1832  (for  open- 
ing streets)  the  only  losses  subject  to  assessment  are  those  adjacent 
to  or  fronting  that  part  of  the  street  so  improved.  The  owners  to 
whose  land  a  new  front  is  given  or  added  are  alone  subject  to 
contribution  to  pay  for  it.     7  An.  76. 

27.  Under  the  act  of  1832  (for  opening  streets)  there  must  be 
published  in  the  newspaper  a  notice  of  the  day  on  which  the 
commissioners  will  present  to  the  court  their  estimate  and  assess- 
ment for  confirmation.  A  certificate'  of  the  clerk  of  the  court  is 
not  evidence  of  such  publication.  It  must  be  proved  under  oath 
as  other  facts  are  proved.     8  An.  377. 

28.  The  assessment  directed  by  the  third  section  of  act  of  1832.  p. 
132  (for  opening  streets),  applies  exclusively  to  the  property  to  be 
appropriated.  The  commissioners  are  not  authorized  to  include 
in  such  assessment  their  own  fees  and  other  expenses.  10  An. 
313. 


STREETS,    SIDEWALKS  AND   GUTTERS.  1083 

29.  The  banks  of  the  river  are  public  property,  subject  to  be 
used  by  the  public  at  large.  10  An.  171.  And  this  ••bank'''  is  not 
necessarily  conHned  to  the  definition  of  the  banks  as  given  in 
Art.  448  of  the  Civil  Code.   10  An.  523. 

30.  The  act  of  1832  for  the  opening  of  streets  is  not  unconsti- 
tutional in  cases  where  provision  is  made  for  the  payment  for  the 
property  before  expropriation  is   effected.   7  An.   76. 

^1.  There  does  not  exist  either  in  the  Legislature  or  in  any 
subdivisions  of  sovereignty,  a  power  of  apportioning  taxation 
for  public  purposes,  whether  of  a  general  or  local  character,  ex- 
cept on  the  principle  of  equality  and  uniformity.  The  act  of 
1S32.  p.  132,  which  directs  that  the  owners  of  all  the  lots  adjacent 
to  and  fronting  the  part  of  the  street  to  be  opened  shall  be  as- 
sessed for  their  respective  portions  .of  the  benefit  derived  from 
the  improvement,  and  the  act  of  1847,  p.  162,  which  provides  for 
the  owners  of  all  property  which  may  be  benefited  by  opening 
streets,  shall  be  bound  for  the  amount  of  their  proportions  of  the 
benefit,  are  unconstitutional,  such  assessment  being  unequal  and 
not  uniform.    9  An.  446;  10  An.  59. 

32.  The  city  is  bound  to  pay  her  proportion  of  the  expense  nec- 
essary for  the  pavement  of  streets  bordering  on  ground  belong- 
ing to  the  city  and  laid  out  for  a  public  promenade.   13  An.  319. 

33.  Proceedings  were  taken  to  pave  a  street  in  Xew  Orleans; 
a  majority  of  the  property  owners,  by  a  petition  to  the  Common 
Council,  duly  signed  in  time,  opposed  the  improvement  of  the 
street;  subsequently  the  majority  opposing  the  improvement  of 
the  street  withdrew  their  opposition,  and  the  Common  Council 
proceeded  to  pass  the  requisite  resolution  authorizing  the  sale 
and  adjudication  of  the  contract  to  pave: 

Held — That  the  proceedings  were  regular,  and  property  owners 
on  the  street  liable  to  pay  for  the  paving  as  provided  by  law.  18 
An.  710. 

34.  In  a  question  of  damages  where  private  property  is  taken 
for  public  use,  and  the  testimony  is  so  conflicting  that  from  it  the 
court  is  unable  to  do  justice  between  the  parties,  the  case  will  be 
remanded  to  the  court  of  the  first  instance,  in  order  that  the  quan- 
tum of  damages  may  be  ascertained  by  a  jury  of  freeholders.  19 
An.  271. 

35.  A  jury  of  freeholders  have  no  authority  to  fix  their  own 
compensation  for  their  services:  they  are  governed  by  the  rules 
regulating  all  other  juries  in  regard  to  compensation.  20  An. 
394. 

36.  Whei'c  the  city  of  Xew  Orleans  petitions  for  the  opening  of 
a  street,  and  the  experts  are  appointed  to  appraise  the  property 
taken  for  that  purpose,  and  one  of  the  owners  of  the  property 
taken  expresses  his  satisfaction  with  the  price  fixed  by  the  ap- 
praisers of  his  property,  the  city  is  not  bound  by  his  approval  as 
to  him;  she  still  has  the  right  to  show  that  the   appraisement  is 


1084  STREETS,    SIDEWALKS  ANf)   GUTTERS. 

too  high.    The  order  of  the  court  contirming  the  appraisement  is 
necessary  to  bind  the  city.    20  An.  497. 

37.  A  contract  with  the  city  of  Jefferson  for  curbing  and  gut- 
ter built  on  the  sidewalk  within  the  corporation  is  not  a  tax, 
toll  or  impost  within  the  meaning  of  Art.  74  of  the  Constitu- 
tion of  1868.   21  An.  51. 

38.  Paragraph  twelve  of  section  seven  of  the  charter  of  the 
city  of  Jefferson  (laws  of  1867,  Xo.  57).  requires  that  all  contracts 
for  opening,  widening  and  improving  streets  authorized  by  the 
Common  Council  shall  be  adjudicated  by  the  Comptroller  under 
regulations  prescribed  by  the  Council  to  the  lowest  bidder.  An 
adjudication  by  direction  of  the  Council,  by  the  Comptroller  of  a 
contract  for  paving  one  of  the  streets  of  the  city  with  the  Nichol- 
son pavement  to  a  Arm  or  company  having  the  exclusive  right  to 
make  such  pavement  within  the  limits  of  the  State  of  Louisiana, 
is  in  conflict  with  this  provision  of  the  statute ;  and  the  owners  of 
property  fronting  on  the  street,  paved  with  this  kind  of  pavement 
by  a  company  liaving  the  exclusive  right,  can  not  be  compelled 
to  pay  two-thirds  of  the  cost  of  making  the  pavement. 

39.  The  principle  of  competition  enunciated  by  the  statute  must  be 
observed  by  the  Council  in  letting  out  contracts  for  the  improve- 
ments of  the  streets,  otherwise  the  owners  of  propertj'  fronting  on 
the  streets  improved  can  not  be  compelled  to  pay  the  charges 
assessed  against  them  for  making  the  improvement.   21  An.  143. 

40.  In  dedication  of  lands  for  public  use,  no  particular  form 
need  be  observed;  all  that  is  required  is  the  assent  of  the  owner 
of  the  land,  and  the  fact  of  its  being  used  for  the  public  pur- 
poses intended  by  the  appropriation.     21  An.  244. 

41.  Private  property  can  only  be  expropriated  when  it  is 
necessary  for  the  public  use.  The  question,  whether  the  prop- 
erty sought  to  be  expropriated  is  necessary  for  the  public  use  or 
convenience,  must  be  judicially  determined.     20  An.  308. 

42.  Property  lying  in  the  neighborhood  of  an  improvement, 
whether  taken  or  not,  is  liable  to  be  assessed  for  the  proportion 
of  benefit  derived  from  such  improvement.     20  An.  497. 

43.  City  is  not  responsible  for  damage  done  to  front  proprie- 
tor by  changing  the  grade  of  streets.     11  An.  711;  13  An.  426. 

44.  The  city  has  by  its  charter  full  power  to  regulate  and  improve 
the  streets;  and  the  nature  and  mode  of  such  improvements  are 
left  to  municipal  discretion  under  judicial   control.     14  An.  842. 

45.  The  law  requires  that  the  signers  of  the  petition  to  the  Coun- 
cil for  the  opening  of  a  street  should  possess  a  portion  of  the 
land  on  which  the  projected  street  is  to  be  traced.  Adjacen-t 
owners  can  not  require  the  opening  of  a  street  wholly  through 
their  neighbor's  property.     16  An.  394. 

46.  The  city  of  New  Orleans  should  be  made  to  pay  the  value  of 
the  land  taken  by  her  for  the  purpose  of  opening  a  street.  28 
An.  64. 


STREETS,    SIDEWALKS   AND   GUTTERS.  1085. 

47.  The  city  of  Xew  Orleans,  having  elected  to  pursue  the  mode 
of  proceeding  for  the  compulsory  transfer  of  property  for  public 
use,  is  bound  thereby,  and  the  verdict  of  the  jury  flxing  the  price 
to  be  paid  for  the  same  is  conclusive  where  the  proprietors  do 
not  complain  nor  desire  to  take  advantage  of  the  formalities. 
20  An.  394. 

4S.  The  city  has  the  right  to  remove  obstructions  for  public  con- 
venience and  benefit.     40  An.  474. 

49.  Section  ]  of  Act  73  of  1876  is,  by  inspection,  repealed  by  Sec. 
32  of  Act  20  of  1882,  but  the  remainder  of  said  act  is  in  full 
force  and  operation. 

Pi-actically,  there  can  be  no  effective  competition  at  public 
auction  for  the  award  of  a  contract  for  street  paving  if  the  speci- 
fications of  the  City  Surveyor  call  for  a  patented  pavement.  A 
vote  of  the  property  taxpayers  is  unnecessary  to  authorize  a 
street  improvement  in  the  city  of  New  Orleans;  it  is  a  matter 
within  legislative  discretion  under  the  provisions  of  Art.  46  of 
the  Constitution. 

Section  3  of  Act  73  of  1876  makes  the  certificates  of  designated 
city  officials  prima  facie  proof  of  the  contractor's  compliance 
with  the  contract,  and  of  his  due  performance  of  its  obligations; 
and  such  contract,  when  evidenced  by  a  notarial  act,  as  prima 
facie  proof  of  the  due  observance  of  antecedent  forms  and 
requirements  of  law;  hence,  the  onus  probandi  is  cast  upon  the 
resisting  front  proprietors  to  disprove  the  same. 

The  majority  of  owners,  within  the  meaning  of  sections  32,  33 
and  34  of  Act  20  of  1882.  are  construed  by  section  35  of  that 
statute  to  the  oioner  or  oioners  of  a  majority  of  running  feet  of 
property  fronting  on  the  street,  or  portion  of  the  street,  to  be 
paved;'"  and  this  interpretation  applies  with  equal  force  to  the 
petitioning  property  owners  as  to  opposing  memorialists. 

The  statute  provides  that  a  street  shall  be  a  unit  for  the  pur- 
poses of  all  computations. 

The  law  fixes  the  proportionate  share  of  the  cost  of  paving,  to 
be  borne  by  the  abutting  property  owners  and  the  city,  respec- 
tively, in  case  the  work  is  done  upon  a  neutral  ground  street,  and 
there  was  no  necessity  of  a  provision  to  that  effect  being  incor- 
porated in  the  specifications,  or  the  contract;  and  same  are  not 
invalid  for  want  of  it. 

The  right  of  the  city  to  stipulate  in  a  paving  contract  for  the 
payment  of  eight  per  cent,  per  annum  interest  by  a  defaulting 
front  proprietor  on  the  amount  due  by  him  as  his  proportionate 
share  of  the  cost  of  construction,  is  implied  from  her  power  to 
adjudicate  the  work  and  to  make  a  contract  therefor.  The  stipu- 
lation of  any  rate  of  interest  not  exceeding  eight  per  cent,  is  an 
incident  of  the  property  owner's  obligation,  and  is  binding  as 
any  part  thereof.    41  An.  251. 

50.  A  street  is  a  space  dedicated  to  public  use  for  the  passage 


10&6  SIDEWALKS. 

and  circulation  thereon  of  ordinary  driven  vehicles  and  animals  i* 
cities  and  towns. 

A  neutral  or  middle  ground  is  a  strip  of  land  extending  be- 
tween the  streets  or  thoroughfares,  which  is  not  only  not  used, 
hut  is  prohibited  from  being  used  as  a  street,  and  which,  not  be- 
ing thusused,  does  not  practically  form  part  of  the  street  proper. 
42  An.  550. 

51.  A  municipal  corporation  vested  by  law  with  control  over  it? 
streets  is  bovmd  to  keep  the  same  in  good  order  and  condition, 
sufficiently  safe  to  prevent  iojury  to   travelers  thereon. 

It  may  grant  to  a  railroad  company  the  privilege  of  building 
its  tracks  and  running  its  cars  thereon,  with  the  obligation 
of  keeping  them  in  proper  order  and  condition. 

Independent  of  its  contract,  such  railroad  company  is  bound 
to  keep  its  own  road,  tracks  and  rails  in  proper  condition  and 
order.  Travelers  on  the  street  have  a  right  to  use  the  tracks  of 
the  company  and  are  not  trespassers.    43  An.  327. 

52.  The  City  Council  of  New  Orleans  has  a  right  to  designate 
the  material  with  which  a  street  may  be  paved. 

The  Council  may  reject  anj-  and  all  bids,  but  an  arbitrary  ex- 
ercise of  such  a  right  would  not  be  justified,  and  courts  would 
intervene  to  protect  the  taxpayer.  The  Council  is  vested  with  a 
certain  discretion  in  rejecting  bids  which  will  not  be  controlled 
when  exercised  with  prudence  in  the  public  interest.     45  An.  911. 

53.  The  words  of  the  city  charter,  which  provide  for  the  pun- 
ishment of  any  violations  of  city  ordinances  by  fine  and  imprison- 
ment, refer  to  ordinances  which  the  Common  Council  is  author- 
ized in  terms  to  pass  and  have  executed  in  reference  to  the  pres- 
ervation of  the  peace  and  good  order  of  the  city,  and  the  main- 
tenance of  its  cleanliness  and  health,  and  they  also  extend  to  and 
embrace  the  ordinances  and  regulations  the  Common  Council  is 
authorized  to  pass  with  reference  to  obstructions  in  the  public 
streets  or  alleys  of  the  city,  same  being  a  necessary  police  regu- 
lation. 

Natchez  alley,  though  not  a  street  eo  nomino,  is  a  locus  publicns, 
dedicated  to  public  use,  and  comes  within  the  terms  of  the  stat- 
ute and  the  ordinance.     45  An.  1405. 

For  other  decisions,   see   "New  Orleans,"    and  '^Wharves."' 


SICKLES  FUND— See  Asylums  and  Trust  Funds. 


SIDEWALKS — See   Streets,    Sidewalks,   Etc. 


SUGAR   SHEDS.  1087 

SOUTHWESTERN  BRUSH  ELECTRIC  LIGHT  COM- 
PANY— See  Electric  Light  and  Power  Companies. 


SCHOOLS— See  Public  Schools. 


SHOOTING  GALLERIES. 

Shooting  gal- 

Art.  2877.  (6)  It  shall  not  be  lawful  for  any  person 'o^d.No. 3121. 
■or  persons  to  erect  or  in  any  manner  establish  or  con-^-^* 
tinue  any  pistol  or  shooting  gallery  within  the  limits 
of  the  city  of  New  Orleans,  without  having  first  obtain- 
ed the  consent  of  two-thirds  of  the  persons  residing 
within  one  square  of  the  place  where  any  pistol  or  shoot- 
ing gallery  is  intended  to  be  established,  and  the  per- 
mission of  the  Common  Council ;  and  it  shall  be  the 
duty  of  any  person  or  persons  so  establishing  such 
shooting  gallery  to  have  the  same  so  enclosed  as  to  pre- 
vent the  report  of  firearms  being  heard  in  the  street  or 
streets  on  which  the  same  may  be  located. 


SMOKE  CONSUMERS— See  Steam  Engines. 


} 


SMOKING— See  Offences. 


SUGAR   SHEDS. 

Art.  2878.  That  the  Mayor  of  the    city  of   New   Or-  Appr»isemeni 
leans   be   and   he   is  hereby   requested   to   appoint  an  or'^J.  isro.  9»S4, 
appraiser  on  behalf  of  the  city  of  New  Orleans,  to   ap-    May  tg,  1894. 
praise  the  sugar  sheds,  in  accordance  with  section  4  of 
Ordinance  No.  1528,  N.    S.,    and   to   notify   the    Sugar 
Shed  Company  to  appoint  their  appraiser  in  accordance 
with  said  ordinance. 

That  the  finance  committee  be  directed  to   investigate    indeWtedmess 
how  much  is  now  due  by  said  Sugar  Shed    Company   to 


lb 


1088  SUGAR   SHEDS. 

the  city  of  New  Orleaas  under  said  ordinance  and  their 
contract  with  the  city. 
Comptroller     Art.  2879.  Whcrcas,  under  Ordinance  No.  1528,  N. 
Ord.rsTo.'fo.sos,  8.,   the   city  of  New   Orleans  granted   to   Francis   B. 

May  2S,  1895.  Fleitas,  for  the  term  of  twenty-five  years,  the  right  and 
privilege  of  using  the  public  spaces  in  the  Second  Dis- 
trict, between  Customhouse  and  St.  Louis  streets,  for 
the  erection  thereon  of  sugar  sheds  for  the  shelter  and 
storage  of  sugar  and  molasses  ;  and 

Whereas,  Though  the  contract  was  entered  into  in 
1869,  granting  these  rights  and  privileges  to  said  sheds 
for  twenty-five  years,  the  time  for  said  rights  and  privi- 
leges to  commence  to  run  was  designated  to  be  the  1st 
of  November,  1871 ;  whereas,  it  is  to  the  interest  of  the 
city  and  its  commerce  that  said  space  and  sugar  sheds 
be  leased  as  hereinafter  provided. 

Deposit.  Art.  2880.    That  the  City  Comptroller  be   and  he  i^ 

:  hereby  directed  to  advertise  for  ten  days,  in  the  ofELcial 
journal  of  the  city  of  New  Orleans,  for  the  sale  at  publie 
auction  for  the  exclusive  rights  and  privileges  for  a 
term  of  twenty-five  years  of  using  the  public  spaces  on 
the  levee  in  the  Second  District  of  this  city  between 
Customhouse  and  St.  Louis  streets,  commonly  known 
as  the  sugar  sheds  and  sugar  landing,  for  the  reception 
of  sugar  and  molasses  and  rice. 

Agreement.  Art.  2881.  (2)  That  cach  bidder,  as  a  condition  prece- 
dent to  the  receiving  of  such  bid  by  the  City  Comptrol- 
ler, deposit  with  the  City  Treasurer  the  sum  of  $25,000 
in  United  States  currency,  and  shall  at  the  time  of  the 
bidding  file  receipt  therefor  with  the  Comptroller,  and 
no  bidder  shall  be  considered  who  has  failed  to  file  the 
receipt  of  the  City  Treasurer  with  the  City  Comptroller, 
showing  that  he  has  made  such  deposit.  The  deposits- 
of  all  unsuccessful  bidders  shall  be  immediately  returned 
to  them,  and  the  deposit  of  the  successful  bidder 
be  returned  to  him  upon  the  signing  and  execu- 
tion of  the  contract  to  be  made  in  pursuance  hereof  and 
the  furnishing  of  bond  and  satisfactory  securities  as 
herein  required. 

Art.  2882.  (3)  That  the  successful  bidder  shall  agree, 


lb. 


SUGAR   SHEDS.  1089 

during  the  existence  of   said  privilege,  or  lease,  to  keep 
said  sheds  and  its  approaches  in  good   order  and  repair 
at  his  own  expense. 
Art.  2883.  (4)  That  he  is  hereby  authorized  to  make  Additions  and 

^     ^  ''  alterations 

such  additions  and  alterations  as  may  be  deemed  neces-  ib. 

sary  to  meet  the  increasing  demands  of  commerce. 

Art.  2884.  (5)  That  said  bidder  shall  be  allowed  to  charges.  ^^ 
charge,  during  the  term  of  said  lease  and  privilege,  not 
more  than  thirty-three  and  one-third  cents  for  every 
hogshead  of  sugar,  and  not  more  than  thirteen  cents  for 
every  barrel  of  molasses,  sheltered  or  stored  under  said 
sheds  for  each  month  or  fraction  thereof;  and  one 
charge,  not  exceeding  10  cents  for  each  hogshead,  and 
not  exceeding  5  cents  per  barrel,  in  receiving,  assorting 
storing  and  delivering  same;  and  provided,  that  no 
other  charge  shall  be  made  for  shelter,  storage  or  labor 
unless  the  packages  aforesaid,  after  being  under  cover, 
shall  change  hands  or  owners,  in  which  case  said  charges 
for  such  shelter  or  storage  shall,  as  to  the  transferee  or 
purchaser,  be  computed  from  the  day  of  sale  or  transfer ; 
provided,  that  sugar  or  molasses,  in  other  packages  than 
hogsheads  or  barrels,  shall  be  subject  to  pro  raid  cliarges 
for  said  shelter  or  storage. 

Art.  2885.  (6)  That  the  said  bidder  shall  have  the  Rights. 
'right  of  sheltering  and  storing  away  other  goods  from 
or  for  the  vessels  in  port,  or  for  other  parties,  while 
^■awaiting  shipment  or  delivery ;  provided,  that  no  other 
foods  whatever  that  are  combustible  or  liable  to  cause  an 
explosion,  fire  or  otherdamage,  shall  be  stored  under  said 
sheds  or  thereabouts ;  provided,  that  sugar  and  molasses 
shall  have,  at  all  times,  the  preference  over  all  other 
goods,  etc.,  for  the  storage  thereof . 

Art.  2886.    (7)  That  sugar  and  molasses  shall,  at  any    sugar  and 
and  all  times,  have  the  preference  of  storage  or  shelter  f^renle?  ^'^^ 
under  said  sheds   and    landing  to  the  exclusion  of  any 
other  goods  or  materials  of  any  kind. 

Art.  2887.    (8)  That  the   contracting  party  shall  fur-    Bond, 
nish  to   the  city  of  New  Orleans  a  bond  or  other  good 
security,  conditioned  for  the  faithful  performance  of  his 
duties  under  said  lease  and  privilege,  and  for  the  fur- 


1090  SUGAR   SHEDS. 

ther  protection  of  all  parties  storing  goods  as  herein 
allowed  under  said  sheds.  The  amount  of  said  bond  or 
security  shall  be  for  the  sum  of  twenty-five  thousand 
dollars,  satisfactory  to  the  Mayor  of  New  Orleans,  the 
whole  as  prescribed  in  section  21  of  the  City  Charter  of 
1882,  and  Act  135  of  1888. 

Payments.^^^  'Art.  2888.  (9)  That  bids  for  such  privilege  shall  be 
for  so  much  for  the  entire  term  of  the  lease,  payable  an- 
nually in  advance,  during  the  said  period  of  twenty-five 
years. 

Insurance.  Art.  2889.  (10)  That  the  Contracting  party  shall  causc 
'to  be  insured,  at  his  own  expense,  for  the  benefit  of  the 
city  of  New  Orleans,  the  said  sugar  sheds,  floors,  build- 
ings and  additions  or  alterations  therein  for  a  sum  satis- 
factory to  the  City  Council,  payable  to  the  city  in  case 
of  destruction  by  fire,  including  the  lightning  clause. 

Provided,  that  in  case  of  loss  or  damage  by  fire  or 
other  cause  the  city  shall  immediately  repair  and  re- 
store such  loss  or  damage,  and  during  the  time  required 
for  such  repairs  and  restoration  a  fair  and  ratable 
diminution  shall  be  made  in  the  amount  due  the  city  by 
the  contractor. 

Reversion.^^  Art.  2890.  (11)  That  at  the  expiration  of  said  lease  all 
of  the  improvements  shall  revert  to  the  city  of  New  Or- 
leans, on  a  valuation  to  be  ascertained  by  two  disin- 
terested persons,  one  to  be  appointed  by  the  city  of  New 
Orleans  and  the  other  by  the  contractor  or  his  assigns 
or  successors  ;  and  in  the  event  of  disagreement  of  said 
valuation  between  said  parties  thus  appointed,  a  third 
person  or  umpire  shall  be  appointed  by  the  Civil  District 
Court  or  its  lawful  successor,  and  the  decision  of  said 
umpire  shall  be  final.  The  contractor  shall  have  the 
right  to  assign  the  lease  to  any  person  or  corporation 
competent  to  hold  and  exercise  the  same. 

Art.  2891.  (12)  That  the  successful  bidder  shall  agree 
to  defend,  at  his  own  expense,  any  and  all  suits  that  are 
now  pending  between  the  city  of  New  Orleans  and  the 
Sugar  Shed  Company,  and  to  this  end  the  City  Attor- 
ney is  hereby  requested  to  furnish  to  said  contracting^ 
party  all   the   legal   and   other   information   necessary 


lb. 


J 


SUGAR   SHEDS 


1091 


about  the  pending  litigation  in  re  the  sugar  sheds  and 
sugar  landings. 

Art.  2892.  (13)  The  city  reserves  the  right  to  reject 
any  and  all  bids. 

Art.  2893.  (1)  That  Francis  B.  Fleitas  shall  have  and    Grants  of 

.  rightsand 

en]oy  for  the  period  of  twenty-five  years  the  exclusive  privileges, 
right  and  privilege  of  using  the  public  spaces  on  theN.  s.^,  Aug.^ 
levee  in  the  Second  District  of  this  city,  between  Cus-No.4492,  a.  s.^ 
tomhouse  and  St.  Louis  streets,  commonly  known  as  the 
Sugar  Landing  ;  said  spaces  being  designated  on  a  plan 
of  the  City  Surveyor,  to  be  by  him  submitted  to  the 
Committee  on  Streets  and  Landings,  on  or  before  the 
15th  day  of  September,  in  the  year  1869,  for  the 
purpose  of  erecting  and  constructing  thereon  fire-proof 
sheds  for  the  reception  and  shelter  of  sugar  and  molasses, 
according  to  the  plans  and  specifications  of  the  City 
Surveyor  on  the  day  aforesaid,  which  sheds,  with  such 
arrangements  for  the  transaction  of  business  as  may  be 
convenient,  are  to  be  constructed  on  or  before  the  1st 
day  of  November,  1871,  unless  the  construction  be  inter- 
fered with  or  prevented  by  extraordinary  accident  or 
calamity,  from  which  time  said  privilege  is  to  commence 
to  run ;  provided,  that  said  Fleitas,  immediately  after 
the  passage  of  this  ordinance,  shall  have  the  right  to 
enter  upon  and  use  the  said  spaces  for  the  purposes  of 
construction,  as  aforesaid. 

Art.  2894.  (2)  That   the   terms    and   conditions   on    Conditions, 
which  said  right  and  privilege  are  granted   are  the  fol- 
lowing : 

(rt)  Said  sheds  are  to  be  erected  with  such  accommo-  Erect  sheds, 
dations  and  conveniences  for  the  transaction  of  business 
as  may  be  necessary,  by  said  Fleitas,  at  his  own  cost, 
and  free  of  expense  to  the  city  of  New  Orleans  ;  and 
during  the  existence  of  said  privilege  he  is  to  keep  said 
sheds  in  good  order  and  repair  at  his  own  expense. 

(&)  The  New  Orleans  Sugar  Shed  Company,  as  trans-    charges, 
feree  and  successor  of  Francis  B.  Fleitas,    shall   be   al- 
lowed to  charge,  during  the  term  the   privilege   granted 
by  this  ordinance  shall  last  (under  the  provisions  thereof) 
a  sum  not  exceeding  forty  cents  for  every  hogshead   of 


1092  SUGAR   SHEDS. 

sugar,  and  fifteen  cents  for  every  barrel  of  molasses, 
sheltered  or  stored  under  said  sheds,  for  each  month  or 
fraction  of  a  month  that  it  shall  be  sheltered  or  stored  ; 
and  one  charge,  not  exceeding  ten  cents,  for  each  hogs- 
head, and  five  cents  for  each  barrel,  tor  labor,  in  receiv- 
ing, assorting,  storing  and  delivering  the  same,  and  no 
other  charge  shall  be  made  for  shelter,  storage  or  labor, 
unless  the  packages  aforesaid,  after  being  under  cover, 
shall  change  hands  or  owners,  in  which  case  said  charges 
for  shelter  or  storage,  as  aforesaid,  shall,  as  to  the 
transferee  or  purchaser,  be  computed  from  the  day  of 
sale  or  transfer;  provided,  that  no  charge  whatever  shall 
be  made  against  the  transferee  or  purchaser  when  the 
sugar  or  molasses  transferred  or  sold  shall  be  removed 
by  such  transferee  or  purchaser  on  the  same  day  he 
acquired  title ;  provided,  further,  that  sugar  or  molasses, 
in  other  packages  than  hogsheads  or  barrels,  shall  be 
subject  to  pro  rata  charges  for  shelter,  storage  and 
labor, 

Considera'ions.  (c)  The  Said  Ncw  Orlcaus  Sugar  Shed  Company  shall 
pay  to  the  city  of  New  Orleans,  as  a  consideration  for  said 
privilege,  during  the  term  aforesaid,  ten  per  centum  of 
the  gross  receipts  for  shelter  or  storage  in  any  manner 
obtained  by  said  company ;  the  said  per  cent,  to  be  paid 
quarterly,  on  statements  rendered  under  oath  to  the 
Treasurer  of  New  Orleans;  provided,  that  said  sheds 
and  the  revenues  or  income  derived  therefrom,  or  from 
said  privilege,  shall  not  be  subject  to  any  municipal  tax- 
ation whatever,  during  the  existence  of  said  privilege. 
Right  of  re-      (^)  In  addition  to  the  above  consideration,  the  said 

version.  sheds,    at   the   expiration  of  said  term   of  twenty-five 

years,  are  to  be  appraised  at  their  then  cash  value  in  the 
manner  following,  one  appraiser  to  be  appointed  by  the 
said  Fleitas  or  his  representatives,  successors  or  assigns, 
and  the  other  by  the  city  of  New  Orleans.  In  case  of 
disagreement  the  two  thus  selected  shall  call  in  a  third 
disinterested  person  as  umpire,  and  the  appraisement 
thus  made  shall  be  conclusive  and  binding  on  all  par- 
ties, and  the  city  of  New  Orleans  shall  have  the  option 
to  take  said  sheds  at  one-half  of  said  appraised  value,  or 


SUGAR   SHEDS.  1093 

of  extending  the  privilege  herein  granted,  on  the  same 
terms  as  those  herein  specified,  for  the  further  period  of 
fifteen  years ;  except  that  at  the  expiration  of  said 
fifteen  years  said  sheds  are  to  revert  to  the  city  in  full 
ownership,  free  of  all  cost.  In  case  the  city  of  New- 
Orleans,  within  three  months  after  the  expiration  of 
said  twenty-five  years,  shall  fail  or  refuse  to  appoint  an 
appraiser,  it  shall  be  considered  as  having  exercised  the 
option  to  extend  the  privilege  aforesaid  for  fifteen  years 
longer;  and  in  case  the  said  Fleitas,  his  representatives, 
successors  or  assigns,  shall,  within  one  month  after  the 
city  shall  have  appointed  its  appraiser,  fail  or  refuse  to 
appoint  an  appraiser  on  his  behalf,  the  city  of  New 
Orleans  shall  have  the  right  of  appointing  two  addi- 
tional appraisers,  whose  appraisement  shall  be  final ; 
and  said  Fleitas  shall  receive  one-half  the  appraised 
value  of  said  sheds  from  the  city.  On  the  presentation 
of  the  decision  of  the  appraisers  provided  for  in  this 
clause,  and  on  the  payment  of  said  one-half  of  the  said 
appraised  value,  the  sheds  and  spaces  on  which  they  are 
erected  as  aforesaid  shall  be  surrendered  and  trans- 
ferred to  the  city  of  New  Orleans. 

Art.  2895.  (3)  That  the  city  of  New  Orleans  hereby    Privileges, 
guarantees  to  said  Fleitas,  his  representatives,   succes- 
sors or  assigns,  during  the  term  of  this  privilege  and  its 
extension,  the  following: 

(a)  The  undisturbed  possession  of  said  public  spaces 
and  the  sheds  thereon  erected. 

(&)  That  the  present  landing  for  sugar  and  molasses 
shall  remain  where  it  now  is,  and  as  designated  on  the 
plans  aforesaid. 

(c)  That  no  other  landing  for  sugar  and  molasses  shall 
be  established  or  allowed  for  the  city  or  port  of  New 
Orleans. 

(d)  That  no  other  privilege  for  the  reception  and 
shelter  for  sugar  or  molasses  shall  be  granted  by  the 
city. 

Art.  2896.  (3)  That  the  sugar  and  molasses   landed    Owners' con- 
at   the  places  set  apart  for  the  sugar   landing,    and  not 
left   thereon  in  contravention    of  city  ordinances,    shall 


1094 


SUGAR   SHEDS. 


not  be  placed  under  the  sugar  sheds  against  the  consent 
of  the  owners ;  but   nothing  herein  contained    shall    be 
construed   to  affect  paragraph  2  of  section  3  of  said  Or- 
N umber  of  ^ji^^nce  No.  1528,  New  Series. 

sheds.  ' 

Art.  2897.  (4)  That  in  case  the  sheds  erected  under 
the  provisions  of  this  ordinance  should  not  be  of  suffi- 
cient capacity  to  meet  the  demands  of  increased  pro- 
duction or  the  requirements  of  commerce,  the  said 
Fleitas  shall  have  the  right  to  increase  the  number  of 
sheds,  said  additional  sheds  to  be  erected  on  such  spaces 
as  the  city  may  designate,  and  on  such  terms  as  may  be 
agreed  on ;  provided,  that  if  said  additional  sheds  are 
erected  within  ten  years  from  the  1st  of  November,  1871, 
the  cost  thereof  is  to  be  paid  by  said  Fleitas,  his  repre- 
sentatives, successors  or  assigns,  and  said  additional 
sheds  are  to  revert  to  the  city  at  the  expiration  of 
twenty-five  years  from  the  date  of  construction,  on  the 
same  terms  in  regard  to  appraisement,  and  the  option  to 
extend  the  privilege  of  using  the  same,  as  if  the  addi- 
tional sheds  were  originally  constructed  under  this 
ordinance ;  and  all  the  terms  and  stipulations  of  this 
ordinance  shall  be  considered  applicable  to  them  in  the 
same  manner  and  to  the  same  extent  as  they  are  herein 
applied  to  the  original  sheds. 

:Security.  Art.  2898.  (5)  That  said  Fleitas  shall  give  security 

in  the   sum   of  fifty   thousand  dollars  for  the  faithful 
performance  of  the  stipulations  herein  contained. 

Wharfinger.  Art.  2899.  (6)  That  the  wharfinger  shall  have  the 
right,  at  any  time  when  the  levee  is  encumbered,  to 
enforce  the  now  existing  regulations. 

Distance.  Art.  2900.  (7)  That  the   sheds  shall  not  be  located 

nearer  than  one  hundred   and  fifty  feet  to  the  present 
wooden  work  or  wharves. 

Art.  2901.  <8)  That  if  at  any  time  the  city  shall 
desire  to  open  or  extend  any  street,  that  the  privilege 
hereby  granted  shall  not  in  any  manner  prevent  said 
street  from  being  opened  or  extended. 


Open  ing  of 

streets. 


SUGAR    SHEDS.  ■  1095 


CONTRACT   AND   SPECIFICATIONS. 

Art.  2902.  Be  it  known,  That  on  this  day,  the  eight-    Notarial  act. 
teenth  of  the  month  of  August,  in  the  year  of  our  Lord 
one   thousand   eight   hundred   and  sixty-nine,  and  the 
ninety-fourth  of  the  Independence  of  the  United  States, 

Before  me,  William  Joseph  Castell,  a  notary  public 
in  and  for  the  parish  of  Orleans,  and  official  notary  for 
the  city  of  New  Orleans,  duly  commissioned  and  quali- 
fied, and  in  presence  of  the  witnesses  hereinafter  named 
and  undersigned,  personally  appeared 

The  Hon.  John  R.. Conway,  Mayor  of  the  city  of  New 
Orleans,  herein  acting  in  his  said  capacity,  and 

Francis  B.  Fleitas,  of  the  city  of  New  Orleans. 

And  the  said  Mayor,  acting  as  aforesaid,' declared  by 
virtue  of  the  authority  in  him  vested  by  an  ordinance. 
No.  1528,  N.  S.,  passed  by  the  Common  Council  of  the 
city  of  New  Orleans,  entitled  ''An  ordinance  to  provide 
for  the  shelter  and  protection  of  sugar  and  molasses  re- 
ceived at  the  port  of  New  Orleans,"  he  does,  by  these 
presents,  grant,  bargain  and  confirm  unto  said  Francis 
B.  Fleitas,  and  contra<;t  with  him  as  follows : 

Art.  2903.  That  said  Francis  B.  Fleitas  shall  have  Term  of  grant. 
and  enjoy,  for  a  period  of  twenty-five  years,  the  exclu- 
sive right  and  privilege  of  using  the  public  spaces  on  the 
levee,  in  the  Second  District  of  this  city,  between 
Customhouse  and  St.  Louis  streets,  commonly  known 
as  the  Sugar  Landing ;  said  spaces  being  designated  on 
a  plan  of  the  City  Surveyor,  to  be  by  him  submitted  to 
the  Committee  on  Streets  and  Landings,  on  or  before 
the  15th  day  of  September,  in  the  year  1869,  for  the 
purpose  of  erecting  and  constructing  thereon  fire-proof 
sheds  for  the  reception  and  shelter  of  sugar  and 
molasses,  according  to  the  plans  and  specifications  of 
the  City  Surveyor,  on  the  day  aforesaid,  which  sheds, 
with  such  arrangements  for  the  transaction  of  business 
i  as  may  be  convenient,  are  to  be  constructed  on  or 
}         before  the  first  day  of   Nov^ember,  1871,  unless  the  con- 

kstruction  be  interfered  with  or  prevented  by  extraordi- 
nary accident  or  calamity,  from  which  time  said  privi- 


1096 


SUGAR   SHEDS. 


Charges. 
A.  S.  4492. 
May,  1878. 


lege  and  right  is  to  commence  to  run;  provided,  that 
said  Fleitas,  immediately  after  the  passage  of  said  ordi- 
nance, shall  have  the  right  to  enter  upon  and  use  the 
said  spaces  for  the  purpose  of  construction  aforesaid. 

Art.  2904.  That  the  terms  and  conditions  on  which 
said  right  and  privilege  are  granted  are  as  follows : 

(rt)  Said  sheds  are  to  be  erected  with  such  accommoda- 
tion and  conveniences  for  the  transaction  of  business  as 
may  be  necessary  by  said  Fleitas,  at  his  own  cost,  and 
free  of  expense  to  the  city  of  New  Orleans,  and,  during 
the  existence  of  said  privilege,  he  is  to  keep  said  sheds 
in  good  order  and  repair  at  his  own  expense. 

(6)  Said  Fleitas  is  allowed  to  charge,  during  the  term 
said  privilege  is  to  last,  under  the  provisions  of  said 
ordinance,  a  sum  not  exceeding  forty  cents  for  every 
hogshead  of  sugar  and  fifteen  cents  on  every  barrel  of 
molasses  sheltered  under  said  sheds,  and  no  other 
charge  for  shelter  is  to  be  made  unless  the  packages 
aforesaid,  after  being  under  cover,  shall  change  hands; 
then  he  is  allowed  to  charge,  each  and  every  time  such 
package  changes  hands,  while  under  cover,  fifteen  cents 
for  each  hogshead  of  sugar  and  five  cents  for  each 
barrel  of  molasses  at  the  time  of  transfer;  provided, 
that  this  last-mentioned  charge  is  to  be  paid  to  each 
transferee  or  purchaser,  and  shall  not  be  made,  where 
the  sugar  or  molasses  transferred  or  sold  shall  be 
removed  by  such  transferee  or  purchaser  on  the  same 
day  he  acquired  title ;  provided  further,  that  the  sugar 
and  molasses  in  other  packages  than  hogsheads  and 
barrels  shall  be  subject  to  pro  rata  charges.  That  in 
case  the  sheds  erected  under  the  provisions  of  said  ordi- 
nance shall  not  be  of  sufficient  capacity  to  meet  the 
demands  of  increased  production  or  the  requirements  of 
commerce,  the  said  Fleitas  shall  have  the  right  to  in- 
crease the  number  of  sheds,  said  additional  sheds  to  be 
erected  on  such  spaces  as  the  city  may  designate,  and 
on  such  terms  as  may  be  agreed  on;  provided,  that  if 
said  additional  sheds  are  erected  within  ten  years  from 
the  first  of  November,  1871,  the  cost  thereof  to  be 
by  said  Fleitas,  his  representatives,  successors  or 


SUGAR  SHEDS. 


1097 


assigns,  and  said  additional  sheds  are  to  revert  to  the 
city  at  the  expiration  of  twenty-five  years  from  the  date 
of  construction,  on  the  same  terms  in  regard  to  ap- 
praisement and  the  option  to  extend  the  privilege  of  using 
the  same  as  if  the  said  additional  sheds  were  originally 
constructed  under  the  said  ordinance,  and  all  the  terms 
and  stipulations  of  said  ordinance  shall  be  considered  ap- 
plicable to  them  in  the  same  manner  and  to  the  same  ex- 
tent as  they  are  herein  applied  to  the  original  sheds. 

Art.  2905.  That  said  Fleitas  shall  give  security  in  the 
sum  of   fifty  thousand  dollars  for  the  faithful  perform-    security, 
ance  of  the  stipulations  herein  contained. 

Art.  2906.  That  the  wharfingers  shall  have  the  right, 
at  any  time  when   the  levee   is  encumbered,  to  enforce    wharfingers, 
the  now  existing  regulations. 

Art.  2907.  That  the  sheds  shall  not  be  located  nearer 
than  one  hundred  and  fifty  feet  to  the  present  wooden    Distance, 
work  or  wharves. 

Art,  2908.  That  if  at  any  time  the  city  should  desire 
to  open  or  extend   auy  street,  that  the  privilege  hereby  ,o  p  e  ning  of 
granted  shall   not  in   any  manner  prevent  said   street 
from  being  opened  or  extended. 

Art.  2909.  The  said  Fleitas  hereby  binding  himself, 
his  heirs,  executors  or  assigns,  to  execute  the  above  and  obligations  of 
foregoing  contract  in  accordance  with  the  said  Ordinance 
No.  1528,  N.S. ,  and  in  accordance  with  the  plans  and  speci- 
fications to  be  hereafter  prepared  by  the  City  Surveyor  as 
aforesaid,  binding  himself  in  all  respects  to  comply  with 
all  the  stipulations  contained  in  said  ordinance,  a  duly  cer- 
tified copy  of  which  ordinance,  which  was  approved  on  the 
14th  of  August,  1869,  is  and  remains  hereto  annexed  for 
all  future  reference,  and  is  made  part  thereof. 

DECISION. 

The  stipulation  in  a  contract  that  a  bonus  of  a  certain  propor- 
tion of  gross  profits  realized  shall  be  paid  to  the  city,  provided 
the  property  yielding  the  revenue  from  which  the  same  are  de- 
rived shall  be  exempt  from  municipal  taxation  duringj  the 
existence  of  the  privilege  granted,  is  in  violation  of  the  Consti- 
tution, and  must  be  considered  as  not  made. 

The  nullity  of  such  stipulation  renders  void  the  agreement 
which  depends  upon  it.     35  An.  548. 

Decision  affirmed  by  the  United  States  Supreme  Court. 


1098  SURVEYOR,    CITY. 

SUPERINTENDENT  OF  POLICE— See  Police. 

SUPERVISOR  OF  REGISTRATION— See 
Registration. 


SURVEYOR,  CITY. 

Changed  to  City  Engineer  under  Act  creating  Orleans  Levee 
Board.     See  Lands  and  Levees.. 

Salaries.  See  Organization. 
saUdeL"'  ^ "  ^  Art.  2910.  The  Council  shall  elect,  for  the  term  of 
four  years,  a  surveyor  of  good  standing,  who  shall  have 
practised  the  profession  of  civil  engineer  for  at  least 
three  years  prior  to  his  election.  He  shall  receive  an 
annual  salary  of  two  thousand  five  hundred  dollars. 
He  shall  furnish  the  Council  and  the  proper  authorities 
of  the  city,  when  so  ordered,  with  all  the  plans,  esti- 
mates, and  other  information  appertaining  to  his 
department,  which  the  said  Council  or  other  executive 
officers  may  require.  He  shall  superintend  the  con- 
struction of  public  work  and  report,  after  the  completion 
of  the  same,  the  manner  in  which  works  have  been 
executed,  and  shall  perform  such  other  duties  as  the 
Council  may  direct. 

DEPUTY     SURVEYORS. 

Art.  2911.  There  shall  be  also  elected  annually  by 
the  Council  not  more  than  seven  Deputy  Surveyors, 
skilled  in  their  profession,  who  shall  hold  their  offices, 
unless  sooner  removed,  until  their  successors  shall  be 
duly  elected  and  qualified.  The  Surveyor  and  Deputy 
Surveyors  shall  take  the  oath  required  by  section  16 
of  this  charter,  and  shall  furnish  bond,  with  sureties 
Their  duties,  to  the  Satisfaction  of  the  Council,  in  the  sum  of  five 
thousand  dollars,  to  guarantee  the  faithful  performance 
of  their  duties.  They  shall  keep  an  office  within  the 
districts,  to  be  designated  by  the  Surveyor,  but  shall 
have  authority  to  make  surveys  anywhere  within  the 
corporate   limits.     That  the    compensation   to   Deputy 

Compensation..-  n  .  ,  j  •  /» 

Surveyors,    on    all   surveys   in   amount   exceeding  five 
dollars,  is  hereby  fixed  at  the  rate  of  two  cents  per  run- 


I 


SURVEYOR,    CITY.  1099 

ning  foot,  to  be  paid  by  the  persons  who  shall  employ 
them  to  give  lineations  of  their  property,  and  they  shall 
file  a  copy  of  each  certificate  given  by  them  to  property 
owners  in  the  office  of  the  City  Surveyor  immediately 
after  such  survey.  That  the  property  owners  shall  no- 
tify a  Deputy  Surveyor  of  all  new  subdivisions  of  prop- 
erties made  by  them,  under  a  penalty  of  fifty  dollars 
for  each  neglect  so  to  do,  and  all  lines  for  subdivisions 
shall  be  given  by  Deputy  Surveyor;  that  it  shall  be 
unlawful,  under  a  penalty  of  fifty  dollars  for  each  and 
every  offence,  for  any  person  or  persons  to  lay  any 
sidewalk,  street  railroad  or  other  improvement  upon 
the  street  sidewalks,  public  ways  or  grounds  of  the  city, 
until  the  lines  and  levels  thereof  shall  have  been  fur- 
nished by  the  City  Surveyor,  and  the  Deputy  Surveyors 
shall  not  give  such  lines  and  levels  unless  by  special 
instructions  from  the  City  Surveyoi". 

Art.  2912.  That  from   and    after   the   promulgation    DutyofOep- 
hereof ,  it  shall  be  the  duty  of  all  Deputy  City  Surveyors  '^ord.  no!4^^o] 
to  file  in  the  office  of  the   City  Surveyor  a  copy  of   all   bee  i6, 1890. 
surveys  made  on  certificates  of   lines   and  grades  issued 
by  them,  within  three  days  after  the  completion  of  sur- 
vey or  issuance  of  certificate. 

Art.  2913.  That  in  the  execution  of  anv  and  all  work    Supervision 

of  City  burvey- 

done  by  them,  as  Deputy  City  Surveyor,  they  shall  be  °''- 
subject  to   the  control   and  supervision  of  the  City  Sur- 
veyor. 

Art.  2914.  That  it  is  hereby  made  the  duty  of  the    o^ty  of  city 

*^  "^  Surveyor. 

City  Surveyor  to  report  to  the  Council  any  failure  on  the 
part  of  a  Deputy  City  Surveyor  to  comply  with  the  pro- 
visions of  this  ordinance. 

Art.  2915.  Whereas,  a  rule  has  been  adopted  that  par-   Specifications 

'^  ^toembody 

ties  bidding  on  work  or  the  furnishing  of  supplies  to  thei'«nse  clause. 

'^^  Ord.  No.  11,305, 

City  must  pay  contractors'  license  to  be  qualified  bidders,    c.  s. 

.  ^  '     Sept.  ID,  1895. 

and  such  rule  is  not  generally  known,  causing  much  dis- 
satisfaction ;  therefore,  be  it  resolved. 

Art.  2916.  That  the  City  Engineer  embody  such 
clause  in  all  specifications  or  contracts,  and  the  Comp- 
troller be  and  he  is  hereby  directed  to  embody  said 
■clause  in  the  call  for  bids. 


1100  TAXATION   AND   LICENSE. 

citv  property.     Art.  2917.  From  aud  after  the  passBge  of  this   ordi- 

Ord.  No.  2311,  T  , 

c.  s.  nance  all   surveys  or  maps   made  by  the   City  Surveyor 

or  his  deputies  shall  become  the  property  of  the  city  and 
shall  be  kept  on  file  in  his  office. 

Surveys  of     Whcrcas,  much  confusion  now  exists  in  the  surveys 

vzi  Distrrc?.'*^"  of  that  part  of  the  Sixth   Municipal   District  between 

c.  s,'    °"*^^"  Amelia  and   Toledano  streets,  and  in    the   rear  of  St. 

"  °'''  ^^'         Charles  avenue,    caused   by  the  doubtful   authority  or 

official  vagueness  and  errors   of   lithographic  plans  for 

distribution  and  sale  of  lots. 

Art.  2918.  That  in  order  to  prevent  confusion  in 
future  surveys  and  secure  uniformity  between  the  sur- 
veys of  the  United  States  and  those  of  the  municipality, 
the  plan  of  the  aforesaid  vicinity,  prepared  by  Georere 
H.  Grandjean,  Deputy  City  Surveyor,  from  his  surveys 
for  the  United  States,  dated  November  12,  1890,  and 
herewith  submitted,  shall  be  and  is  hereby  adopted  and 
made  official,  as  determining  the  boundaries  and  di- 
visions of  the  aforesaid  area,  and  shall  be  identified  by 
the  number  and  date  of  this  ordinance,  and  deposited  in 
the  office  of  the  City  Engineer  for  public  reference ;  pro- 
vided, that  nothing  in  this  ordinance  shall  be  construed 
as  disturbing  permanent  improvements,  fences  included, 
now  existing  and  not  in  conflict  with  Ordinance  No. 
3207,  C.  S. 


TANNERIES— See  Factories. 


TAXATION  AND  LICENSE. 

Taxation  power.     See  Article  203,  Constitution. 
Ecjual  and  uniform.     See  Article  203,  Constitution. 
Exemptions.     See  Article  207,  Constitution. 
State  and  Municipal  Taxes.    See  Article  209,  Constitution. 
Forfeitures.     See  Article  210,  Constitution. 
Designation.     See  Article  211,  Constitution. 
Postponement  of  payment.    See  Article  212.  Constitution. 
Alien  corporations  and  associations.     See  Article  217,  Consti- 
tution. 


TAXATION   AND   LICENSE.  IIQI 

Collection.     See  Article  218,  Constitution. 
Taxes  and  Licenses.     See  section  64,  Cit}'  Charter. 
Budget.    See  section  65,  City  Ciiarter. 
Limit  of  appropriations.     See  section  66,  City  Cliarter. 
Property  subject  to  taxation.     See  section  67,  City  Charter. 
Definition  of  term  property.     See  sections  68,  69  and  70,  City 
Charter. 

Art.  2919.  The  taxing  power  may  be  exercised  by  the 
General  Assembly  for  State  purposes,  and  by  parishes 
and  municipal  corporations,  under  authority  granted  to 
them  by  the  General  Assembly,  for  parish  and  municipal 

purposes. 

TAX   MORTGAGE    BUREAU. 

Art.  2920.  (1)  That  in  accordance  with  section  22  of    Duty  of  city 
Act  Xo.  20,  approved  June  28,  1883,  known  as  the  City.  ord.  no."3044, 
Charter,   and  with  Act  119  of  1882,  approved  July  6,    juiys.  >88s. 
1882,  it  is  herebv  made  the  duty  of  the  Citv  Treasurer  to  ordSs^sss^^. 

"  '  C    S  •   ■*S72  c. 

proceed  at  once  to  the  collection  of  all  taxes  due  the  s.';  8541,  c.s. ' 
city  of  New  Orleans. 

Art.  2921.  (2)  That  in  order  to  enable  him  to  per-  Assistanu. 
form  this  duty,  he  is  hereby  authorized  to  procure  the 
necessary  books  and  stationery,  and  to  engage  the 
services  of  seven  additional  clerks,  viz, :  one  chief  clerk, 
four  assistants,  and  two  deputy  clerks,  and  two  addi- 
tional deputies,  when,  in  his  judgment,  he  may  deem 
necessary  for  the  proper  transaction  of  the  business. 

Art,  2922.  (3)  The  chief  clerk  and  the  four  assistant  Duty  of  chief 
clerks  shall  keep  the  books  of  the  office,  make  allunK.^" 
researches  of  the  delinquent  taxes,  prepare  all  notices 
to  delinquent  taxpayers  and  forms  for  advertisements 
for  sales,  make  all  sales  and  prepare  all  deeds  of  sales; 
provided,  the  Treasurer  be  authorized  to  give  notarial 
deeds  of  sale  to  purchasers  requiring  same.  The  two 
deputy  clerks  shall  serve  all  notices  upon  delinquent 
taxpayers. 

Art.  2923.  (4)  The  chief  clerk  shall  receive  a  salary    salaries, 
of  one   hundred   and   fifty    ($150)    dollars,    one   chief 
docket  clerk  at  a  salary  of  one  hundred  and  fifty  ($150) 
dollars,  and  three  assistants,   each  at  a  salary  of  one 
hundred  ($100)  dollars,  and  two  each  seventy-five  ($75) 


lb 


1102  TAXATION   AND   LICENSE. 

dollars  per  month,  and  each  of  the  two  deputies,  or  the 
two  additional  deputies  that  may  be  appointed,  twenty- 
five  (25c.)  cents  for  each  notice  actually  served  upon 
the  taxpayer,  or  at  his  residence  or  place  of  business, 
and  the  return  thereon,  the  number  of  services  to  be 
attested  by  the  chief  clerk;  provided,  nothing  shall  be 
paid  for  notices  by  postoffiee ;  and  provided,  only  one 
notice  is  sent  to  the  present  owners  for  all  the  years' 
taxes  due  upon  said  property. 

Books.  ^^  Art.  2924.  (5)  That  the  Treasurer  shall  cause  to  be 
kept  two  series  of  bound  books  of  printed  notices,  one 
for  movable  and  another  for  immovable  property,  with 
stubs  attached.  The  one  for  movable  shall  contain  an 
index.  Each  page  of  the  books  of  immovables  shall  be 
designated  by  a  number  corresponding  with  the  number 
of  the  advertisement  of  the  sale,  in  order  to  keep  a 
record  of  the  date  and  manner  of  service  of  each  notice 
of  sale.  The  stub  shall  correspond  substantially  with 
the  body  of  the  notice  and  shall  contain  the  name  of 
the  delinquent  taxpayer,  the  description  and  valuation 
of  the  property  as  contained  on  the  assessment  rolls  for 
each  year,  the  amount  of  the  tax  for  each  year,  and  the 
manner  and  date  of  service,  and  shall  be  signed  by  the 
deputy  clerk ;  all  this  in  ink. 

Collections.  Art.  2925.  (6)  That  the  Treasurer  shall  proceed  to 
'  the  collection  of  taxes  due  in  the  manner  provided  by 
Articles  210  and  218  of  the  Constitution  and  by  Act  98 
of  1886,  and  any  laws  amendatory  thereof ;  and  every 
description  of  immovable  property  advertised  for  sale 
shall  be,  as  far  as  possible,  a  copy  of  the  assessment  roll 
without  any  unnecessary  detail  or  amplification. 

Seizures.  Art.  2926.  (7)  That  in  making  scizurcs  and  advcrtise- 

Ord.  No.  3340,  ^     ^  " 

c.  s.  ments   for  sale   the  Treasurer  shall  begin    with   prop- 

erties owing  taxes  for  the  year  1879,  and  subsequent 
years  in  succession,  in  order  to  save  the  taxes  from  pre- 
scription . 
Bids.  Art.  2927.  (8)  That  no  property  shall  be  adjudicated 

'  to  a  third  person  unless  the  bid  shall  be  equal  to  the 
amount  of  taxes  due  the  city  in  principal,  interest  and 
costs,  unless  authorized  by   the  Council ;   otherwise  the 


TAXATION   AND   LICENSE.  1103 

Treasurer  shall  bid  in  the  property  for  account  of  the 
city,  and  all  sales  to  the  city  shall  be  included  in  one 
act  and  registered  according  to  law. 

Art.  2928.  (9)  That  the  Treasurer  shall  take  actual    Possessionby 

city. 

possession  of   all  property  adjudicated  to  the  city,  and  ib. 

shall  rent  the  same  and  collect  the  rents  due,  and  apply 
all  such  rents  to  the  credit  of  the  taxes  due  thereon  ;  all 
surplus  funds  so  collected  shall  be  disposed  of  by  ordi- 
nances at  the  will  of  the  Council,  and  it  is  hereby  made 
the  duty  of  the  Comptroller  to  have  kept  in  his  office  an  > 

account  of  all  funds  received  from  rents  and  debited 
against  the  same. 

Art.  2929.  (10)  That  it  is  made  the  duty  of  the  Comp-  Duty  of  comp- 
troller to  assist  the  Treasurer  in  the  performance  of  the  '  ib. 
duties  required  by  this  ordinance  and  to  give  him  and 
his  clerks  free  access  to  all  his  books.  And  it  is  made 
the  duty  of  the  City  Attorney  to  give  to  the  Treasurer  all 
the  necessary  information,  advice,  and  services  in  all 
matters  connected  with  the  collection  of  taxes,  and  to 
represent  him  in  all  suits  relative  to  the  enforcement  of 
the  payment  of  taxes. 

Art.  2930.    (11)  The  interest  on  all  taxes  collected 
shall   be   credited  to  the  respective  years  to  which  it  "    ib. 

belongs,  and  a  separate  account  shall  be  kept  of  all 
interests,  costs,  charges  and  penalties  so  received  and 
collected,  against  which  shall  be  charged  by  preference 
all  expenses  incurred  in  the  execution  of  the  provisions 
of  this  ordinance ;  provided,  that  no  debt  can  be  made 
against  the  interest  collected  for  any  particular  year 
until  the  amount  in  the  budget  of  the  revenues  for  that 
year  as  an  income  from  that  source  has  been  received 
by  the  Treasurer  and  merged  into  the  general  fund  of 
that  year. 

Art.  2931.   (12)  It  shall   be   the  duty  of  the  Treas-    Transfer  of 
urer  to  cause   to   be   prosecuted   any  notary  or  sheriff  P''°P^'''y-     j^,_ 
passing  any  act  of  transfer  of  property  unless  all  taxes 
shall  have  been  paid  thereon  according  to  law. 

Art.  2932.     (13)    Whenever   it   shall   be   brought  to    Errors, 
the  knowledge  of  the   Treasurer  that  an  error  has  been 
committed  in  the   assessment  of   any  property  either  in 


1104  TAXATION   AND   LICENSE. 

the  description  thereof,  or  in  the  name  of  the  owner,  or 
otherwise,  it  shall  be  his  duty  to  take  all  necessary  steps 
to  have  the  proper  corrections  made  upon  the  rolls  of 
the  assessors,  and  to  cause,  when  necessary,  a  new 
assessment  to  be  made  under  section  11  of  said  Act  98  of 
1886. 

Repeai.ire:  Art.  2933.  (14)  All  ordinances  or  parts,  of  Ordinances 
in  conflict  with  this  ordinance  be  and  the  same  are 
hereby  repealed. 

Tax^aies.         Art.  2934.  (15)  That  the  Treasurer  shall   set  aside 

Ord.  No.  3601,  ^        ' 

xMar.  12, 1889.  all  moneys  received  for  tax  sales  and  shall  keep  the 
same  in  a  separate  account.  In  all  cases  in  which  the 
city  of  New  Orleans  shall  fail  to  give  a  valid  legal 
title  to  the  purchaser  for  the  property  adjudicated 
to  him,  or  if  such  adjudication  be  set  aside,  and 
the  title  of  the  purchaser  declared  null  and  void  by 
final  judgment  of  the  appellate  court,  the  price  paid  to 
the  city  for  such  property  by  the  purchaser  shall  be 
refunded  to  him  by  the  Treasurer  upon  ordinance 
therefor ;  provided,  that  the  right  to  be  refunded  this 
price  shall  not  exist  for  a  longer  period  than  one  year 
from  the  day  of  adjudication;  and  provided  further, 
that  the  Council  may,  in  its  discretion,  waive  or  extend 
this  limit  of  time. 
Fees  and  Art.  2935.  (16)  That  the  Treasurer  is  authorized  to 
lb.  charge  and  collect  the  following  fees  and  expenses  for 
the  benefit  of  the  city,  viz.  : 

For  each  notice  of  seizure  and  sale,  fifty  cents. 

For  preparing  advertisement  for  newspaper,  seventy- 
five  cents. 

For  each  advertisement,  seventy  cents  per  square  of 
the  space  of  one  hundred  words,  solid  matter. 

For  each  deed  of  sale  executed  by  the  Treasurer  him- 
self, four  dollars,  and  for  each  copy  thereof,  three 
dollars ;  provided,  that  the  purchaser  shall  have  the 
option  of  getting  the  act  of  sale  passed  before  the  City 
Notary,  who  shall  be  entitled  to  charge  the  same  fee. 

Art.  2936.  That  Ordinance  No.  6851,  A.  S.,  and  the 
authority  granted  by  virtue  thereof  by  act  of  Sam 
Flower,  notary,  dated  February  10,  1881,  by  the  Mayo 


TAXATION   AND   LICENSE.  1105 

of  this  citv  to  Thomas  Dulfy,  Civil  Sheriff  of  this  parish    Repe  a  i  in  g 

.  ,,..,.        certain   o  r  d  i- 

to  proceed  with  the  collection  of  taxes  one  this  city  tor  nances. 
years  prior  to  Januajy  1,  1879,  and  the  Ordinance  No.  c.  s." 
6874,  A.  S.,  now  Art.  95,  page  53  of  Jewell's  Digest, 
and  Ordinance  No.  6628,  A.  S.,  adopted  September  7, 
1880,  and  the  act  passed  before  G.  Legardenr,  notary, 
on  September  10,  1880,  in  execution  thereof,  be  and 
they  are  hereby  revoked  and  repealed. 


PERSONAL   TAX    BUREAU. 

Art.  2937.  That  the  Comptroller  be  and  he  is  hereby  separate  tax 
directed  to  hereafter  make  separate  tax  bills  for  personal  ord.  No.  5.24, 
property  and  real  estate,  and  to  prepare  the  former  Aniended  by 
as   early  as   possible   and   to   deliver   the  same  to  the  714s.  8617'  and 

rr,  ,  ^^  •  I0,07I,C.  S. 

Treasurer  for  collection. 

Art.  2938.  (2)  That  the  City  Attorney  is  hereby  au-    Two  Assis- 
tliorized  and  directed  to  appoint  two  Assistant  City  At-tomeys. ' 
torneys  at  a  salary  of  one  hundred  and  fifty  dollars  per 
month  each,  and  one  chief  clerk  at  a  salary  of  one  hun- 
dred and  fifty   dollars   per   month,    and   two   assistant 
clerks  at  a  salary  of  one   hundred   dollars   per   month 
each,  one   service  clerk,  who  shall  also  be  detailed  as    cierksand 
keeper  whenever   necessary,  and   who   shall  receive  a 
salary  of  fifty  dollars  per  month  ;  provided,  that  said 
salary  shall  be  paid  from  the  appropriations  of  the  City 
Attorney's  office;   and  such  further  number  of  service 
clerks  at  ten  cents  a  notice,  and   keepers   at  one  dollar 
and   fifty   cents   per  day,  as   in   his   judgment  may  be 
necessary. 

Art.  2939.  (3)  That  as  soon  as  said  tax  bills  on  per-  Duty  of  city 
sonal  property  shall  have  been  filed  in  the  Treasurer's  '"^"^^'  ib. 
office  it  shall  be  the  duty  of  the  said  City  Attorney  to 
cause  the  necessary  legal  notices  to  be  issued  to  each  tax 
debtor  on  said  bills,  and,  as  soon  as  said  bills  are  delin- 
quent under  the  law,  to  enforce  the  collection  thereof  by 
every  legal  means  in  his  power,  and  to  cause  a  list  of 
said  delinquent  tax  debtors,  and  the  amount  due  by  each, 
to  be  published  in  the  official  journal  of  this  city  for  ten 
consecutive  davs 


1106  TAXATION   AND   LICENSE. 

Dutyof  comp-      Art.  2940.   (4)  That  it  is  hereby  made  the  duty  of  the- 
Treasurer.      Comptroller   and  Treasurer  to  lend  said  City  Attorney 

'  all  the  assistance  in  their  power. 
Expenses. ^^      Art.  2941.  (5)  That  the  expenses  of  all  the  legal  and 
clerical  labor  employed  for  the  execution  of  this  ordi- 
nance  shall  be  paid  out  of  the  taxes  collected   for   the 
year  1891. 
Real  and  per-     ^jjrp^  2942.  That  the  provisious  of  this  ordinance  shall 

sonal  taxes.  ^ 

^Ord.  No. 6iSi,  apply  as  Well  to  real  estate  as  to  personal  tax  bills. 
Mar.  29, 1892.     Art.  2943.  That  in  all  cases  in  which  remission  of  in- 
cests, terest  on  taxes  has  been  heretofore,  or  shall  be  hereafter, 
c°s.'^°"^'^^' 'granted  by  this  Council  on  any  property  sold   for   city 
July  7, 1891.  ^^^gg  ^^^^  adjudicated  to  the  city,  the  Treasurer   shall 
require,  in  addition  to  the  capital  of  said  tax,  the  pay- 
ment of  all  costs   incurred  by  the  city  in  effecting  said 
sale,  and  $1  for  each  redemption  certificate  to  be  issued. 
Redemption     Art.  2944.  That  in  all  such  cases  the  20  per  cent,  re- 
lb.  demption  fee  shall  not  be   charged   unless   required  by 
the  ordinance. 
Remissions     Art.  2945.  That  no  ordinance  remitting  interest  upon 

of  interest.  °  ^ 

ord.  No.  5422,  taxes  on  real  estate  shall  have   effect   unless  the  taxes 
assessed  upon  the  personal  property  of  the  person  own- 
ing the  real  estate  at  the  time  the  application  is  made  are 
paid. 
Petitions.  Art.  2946.  That  from  and  after  the  promulgation  of 

c.  s."'  o.333s.^j^^^  ordinance  no  petition  to  the  Council  praying  for  re- 
ov.  13, 1  .  j^^^^  ^^  ^^^  matter  of  taxes  or  assessment  or  interest  or 
penalties,  in  whole  or  in  part,  shall  be  entertained  by 
the  Council,  unless  accompanied  by  a  research  certificate 
from  the  office  of  the  Comptroller,  which  said  certificate- 
shall  exhibit  a  full  and  complete  statement  of  all  city 
taxes  due  on  the  property  for  which  relief  is  sought,  from-^ 
the  year  1865  up  to  and  including  the  current  year  for 
which  city  taxes  are  due  and  collectible. 
Duty  of  City     Art.  2947.  That  it  shall  be  the  duty  of  the  City  Treas- ; 

Treasurer.  ^^  ^rer,  wheuevcr  any  ordinance  or  resolution  remitting^- 
interest  or  penalties  on  city  tax  bills  be  promulgated,  tO' 
require  the  production  of  such  certificates  or  certificate,, 
and  to  exact  payment  of  all  taxes  showed  to  be  due  b] 
the  certificates  on  the  property,  whether  covered  by  the 


I 


TAXATION    AND   LICENSE.  1107 

resolution  or  ordinance  or  not ;  and  if  not  complied  with 
to  consider  such  part  of  such  ordinance  or  resolution 
null,  void  and  of  no  effect. 

Art.  2948.  That  nothing  herein   contained   shall   be    Existing  or- 

.  1  i  •  1      •  •  dinances. 

construed  as  m  any  manner  abrogating  or  being  m  con-  ib. 

flict  with  existing  ordinances  requiring  such  bills  to   be 
paid  within  (15)  days  after   the   promulgation   of   the 
ordinance     granting     such     relief.      That     from     and 
after    the     passage    of    this     ordinance     it    shall    be 
and  is    hereby   made     the    duty   of    the    Comptroller 
to     report     on    all    tax     research    certificates     issued 
from     his     department,    whether     the     property     in  ^u^ner^o^re- 
question,  issued   under  each   respective   certificate,  has    reTearcnes!^'' 
been  sold  to  the  city  for  any  of   the  city   taxes   due  the  c?s^*  ^°'  '^^^' 
city  of  New  Orleans,  and  to  make   mention  of  same  on    ^"'^5. 'S93- 
said  certificates. 

Art.  2949.  That  the  Comptroller  is  hereby  further  di-    Property 
rected  to  obtain  from  the  Treasurer's  Department  a  com-  for"?axes.^  *^'  ^ 
plete  list  of  all  properties  sold  by  and  bought  in  by  the 
city  of  New  Orleans  for  city  taxes,  and  to  make  note  of 
said  sales  in  each  ledger  for  the  year's  tax  for  which  said 
property  was  sold. 

Art.  2950.  That  the  Treasurer  be  and  he  is   hereby    Tax  prior  to 
directed  to  receive  the  face  value  of  all  tax  bills  for  the  '^j^  jf^.  4396, 
year  1869  and  previous  years,  where  the  face  value  of  ^^u ,,  ,3^0, 
such  bill  does  not  exceed  ($20)  twenty  dollars  for   any 
one  year,  in  full  acquittance  thereof. 

Art.  2951.  That  the   Comptroller  be  and  is  hereby    certificates 
authorized  to  furnish  all  persons  demanding  the   same  Ord.  No.  4002, 
certificates  of  taxes  due  the  city   of   New   Orleans,    and      ^'p-^'^'' 
also  to  furnish  releases  of  all   inscriptions   of   taxes   in 
the  Mortgage   Office   after  the   same  shall   have   been 
paid. 

Art.  2952.  (3)  That  the  chief  clerk  in  the  Tax  Reg-    chief  ci eric 
istry  Office  is  hereby  authorized  to  sign  said  certificates  sign.  °"^^ 
of  taxes  and  said   releases   of  said   inscriptions   in   the 
name  of  the  Comptroller. 

Art.  2953.  (4)  That  the  Comptroller   is   hereby   an-    Charges, 
thorized  to  charge  in  advance  the  sum  of  one  dollar  for 
each  certificate  of  taxes  due  by  any   one   property,    and 


1108  TAXATION   AND   LICENSE. 

the  sum  of  fifty  cents  for  each   release   of   tax    inscrip- 
tions. 

He  shall  keep  a  special  book,  in  which  he  shall 
enter  the  amount  of  each  fee  received,  the  date  thereof 
and  by  whom  paid. 

Daily  returns.  Art.  2954.  (5)  The  Comptroller  shall  make  daily  re- 
turns to  the  Treasurer  of  his  receipts  under  this  ordi- 
nance, and  shall  deposit  the  same  into  the  treasury 
through  his  own  receiving  warrant. 

He  shall  credit  all  moneys  so  received  to  a  special  ac- 
count, to  be  entitled    "Tax  Mortgage  Account." 

Repealing     Art.  2955.  (6)  That  all  ordiuauces  or  parts  of   ordi- 
ib.  nances  on  the  same  subject  matter  or  in  conflict  here- 
with be  and  the  same  are  hereby  repealed. 

Amending     Art.  2956.  That  SO  much  of  Ordiuauce  No.    4002,  C. 

ord.  No  4374.S.,  as  rcquircs  tax  research  certificates  from  the  office  of 

Mar.  28, 1890.  the  Comptroller  to  be  approved  and  countersigned  by 
the  Treasurer,  be  repealed. 

Budget  Com-      Art.  2957.  That    the   budget   committee   be   and    is 

ord.No,s424,  hereby  empowered  and  directed  to  adjust  all  tax  bills 

juiy,7J89i.  for  personal  property  which  shall  not  exceed  for  any 
one  year  the  sum  of  fifty  dollars  and  fifty  cents 
($50.50)  without  further  reference  to  the  Council ;  and 
upon  such  adjustment  by  said  committee,  approved  and 
signed  by  the  chairman  thereof,  the  City  Treasurer  is 
hereby  authorized  and  directed  to  receive  in  full  settle- 
ment the  amount  fixed  by  the  said  committee  in  each 
case  without  further  action  by  the  Council  other  than  the 
authority  conveyed  in  this  ordinance ;  provided,  that  the 
said  committee  shall  not  in  any  case  remit  the  interest  or 
costs  due  upon  said  taxes  for  the  years  1888,  1889,  1890 
and  1891. 

Not  to  insure.  Art.  2958.  That  the  Treasurer  be  and  he  is  hereby 
^ord.  No.  5629,  ^jj,gg(.g(j  jjQ^  ^Q  insure  any  property  purchased  by  the 

Sept.  29, 1891.  ^-^y  ^^^  taxes,  and  that  he  be  authorized  to  cause  repairs 
to  be  made  from  the  revenues  received  by  the  city  from 
the  rents  of  each  individual  property. 

Possession  of  Art.  2959.  That  the  City  Attorney,  in  conjunction 
^'or'd^.'^iJo.  5392,  with  the  Treasurer,  be  instructed  to  take  immediate  legal 
^■jnne  30, 1891.  stcps  to  put  the  city  in  actual  possession  of  all  property 


TAXATION   AND   LICENSE.  1]09 

sold  for  city  taxes   and  adjudicated  to   the   city,    and 
improved  and  susceptible  of   yielding  a  revenue,  and  to 
collect  the  revenues   thereof  for  the  benefit  of  the  city.    Repeal ingr 
Art.  2960.  That  Ordinance  No.  4610,  C.  S.,  be  and  Sto.'"c."s!  ^°' 

-  ...  .     -  Ord.  No.  S486, 

the  same  is  hereby  repealed.  c.  s. 

Art.  2961.  That  incompliance  with  section  5  of  Ordi-    Delinquent 
nance  5124,  C.  S.,    the   Comptroller  be   and  is  hereby  ^*ord?No."5703, 
directed  to  open  an  account  to  be  known  as  "  Delinquent    001.27,  1892. 
Personal  Tax  Account,  1891,"  to  be  credited  with  all  re- 
turned  costs   advanced   in   the  prosecution  of  personal 
tax  suits,  and  that  the  Assistant  City  Attorney,  charged 
with  the  prosecution  of  personal   tax   suits,    be   and   is 
liereby  authorized  to  draw  out  of  said  account,  as  neces- 
sity  will   require,    on   his  own   warrant,    and  that  the 
Comptroller  be  and  is  hereby  directed  to  warrant  for 
and  the  Treasurer  to  pay  same. 

Art.  2962.  That  from  and   after  the  passage  of  this    ordinance  re- 
resolution,    that  all   ordinances    remitting   interest   or  afler^llTt a"in 
penalties,  or  reducing  assessments,  or  correcting  same,  ""'or^d.  No.  2346, 
shall  become  null   and  void,  unless  the  taxpayer  pays    -^"'^  ^'  '^^^' 
his  or  her  tax  bills  within  fifteen  days  after  the  promul- 
gation of  the  ordinance  granting  such  relief. 

Art.  2963.  That  all  ordinances  or  resolutions  remit-  ordi 
ting  interest,  or  reducing  or  correcting  assessments, 
heretofore  passed  by  the  Council,  be  and  the  same  shall 
stand  repealed  and  become  null  and  void  unless  the 
taxes  based  on  same  shall  have  been  paid  and  settled 
within  fifteen  days  from  and  after  the  promulgation  of 
this  resolution. 

Art.  2964.  That  Committee  No.   3    be  and  they   are    committee 
hereby  authorized  to  entertain  all  applications  for  pay-   ordl"  No.  3075, 
ment  of  taxes,  free  from  interest,  costs  and  other  charges,  '^juiy  17,  isss. 
in  all  cases  of  over  or  erroneous  assessment,  and  in  all 
cases  where  it  would  be  to  the  evident  advantage  of  the 
city  to  accept  the  principal  of  the  tax. 

Art.  2965.  Whereas,  the  usual  long  delays  incident  settlement  of 
to  passing  upon  applications  for  the  remission  of  inter-  *|^f  p"*""  *° 
est  and  penalties  on  back  taxes  prior  to  1890  has  proved  ^c.'s^**'"'^"'' 
detrimental  to  the  City  Treasury  and  other  parties  in-  s^pMo.iSgs, 
terested,  causing  in  many  instances  the  non-rehabilita- 


1110  TAXATION   AND   LICENSE, 

tion  of  real  estate  on  the  tax  rolls  and  causing  the   fail- 
ure of  sales  or  transfers  for  improvement  purposes. 
City  Treasu-     Art.  2966.  That  the  City  Treasurer,  with  the  written 
chkirman'^  *o  f  approval  of  the  Mayor  and  chairman  of  the  budget  com- 
inTttfe  authOT- mittee,  be  and  he  is   hereby  authorized   to   make  settle- 
^eitiement,       meut  of  Said  delinquent  city  taxes,  on  presentation  of  a 
research  certificate,  showing  the  taxes  and  interest   due 
on  said  property ;  that  said   Treasurer,  with  the  written 
approval  of  the   Mayor  and  the  chairman  aforesaid,  is 
hereby  authorized  to  remit  the  interest  due  on  said  taxes 
prior  to  1890,  as   shown   on   said   certificate,  including 
1890 ;  provided,  that  the  taxes,  interest  and  penalties  ap- 
pearing on  the  research  certificate,  as  due  subsequent  to 
1890,  shall  also  be  paid  at  the  time  of  said   settlement, 
including  all  costs,  advertisements,  etc.,  expended  by  the 
city. 

STAY   OF  PROCEEDINGS. 

Authority  of     Art.  2967.  That  the  Mayor,  Administrators  and  offi- 

^'Sef^^sji!'    cers  of  the  city  of  New  Orleans  are  hereby  forbidden  to 

A.  s.  477S.     allow  or  grant  any  stay  of  proceedings  or  extension  of 

time   in   any  tax   or  license  suit,  demand  or  execution, 

and  that  all  such  stays  and  extensions  be  made  by  a 

vote  of  the  City  Council  of  New  Orleans. 

Board  of  Li-     Art.  2968.  That  the  Board  of  Liquidation  of  the  City 

enforce  coUec^  Debt  bc  authorized  to  collect  the  taxes  due  to  the  city  of 

prior"  t  o  *year  New  Orlcans  prior  to  the  year  1879,  transferred  to  said 

'&  No.  3344,  board   by   the   Act   No.  67  of   1884;  that  the  Board  of 

*Nov.  20,  i88s.  Liquidation   through   its  attorney  is  authorized  to  issue 

execution  when  necessary  to  enforce  said  collection. 


DECISIONS. 

1.  A  city  has  the  right  to  levy  taxes  as  an  incident  to  its  incor- 
poration, though  its  charter  be  silent  on  the  subject;  but  if  it 
specify  certain  objects  of  taxation,  none  other  can  be  taxed.  1 
M.  123. 

An  ordinance  imposing  taxes  on  certain  trades  and  pro- 
fessions can  not  be  considered  illegal  or  unconstitutional,  be- 
cause other  trades  and  professions  are  not  taxed,  where  the  tax 
on  the  enumerated  trades  or  professions  is  imposed  on  all  persons 
exercising  such  trades  or  professions.     3  An.  673;  2  An.  182. 

2.  No  person  who  obtains  a  license  at  any  time  after  the  com- 


J 


TAXATION   AND   LICENSE.  1111 

mencement  of  the  ye  ir  can  complain  that  he  pays  as  much  for  a 
license  to  trade  during  a  portion  of  the  year  as  others  who  trade 
for  the  whole  year;  the  inequality  is  of  his  own  creation  and 
does  not  render  the  statute  unconstitutional.     4  An.  549. 

3.  The  City  Council  have  no  power  to  levy  taxes  on  property 
which  is  not  situated  in  the  city,  but  merely  temporarily  within 
its  limits.     1  M.  123. 

4.  They  have  the  right  to  tax  vessels  passing  the  bridge  on  the 
Bayou  St.  John  (3  M.  218),  and  to  lay  a  tax  to  provide  for  a  pros- 
pective deficiency.     1  La.  5. 

5.  The  corporation  has  no  power  to  lay  taxes  on  property,  real 
or  personal,  owned  and  held  out  of  the  limits  of  the  incorpor  ated 
part  of  the  city  and  faubourgs.     3  La.  248. 

6.  Carts,  which  a  man  uses  for  his  own  purposes  in  hauling 
water  for  sale,  are  not  to  be  taxed  under  the  ordinance  for  taxing 
vehicles  for  hire.     3  La.  248. 

7.  Licenses  cease  at  the  death  of  the  person  to  whom  granted, 
although  the  period  for  which  it  is  given  has  not  expired.  9  La. 
433. 

8.  The  city  ordinance  of  February  3, 1845,  imposing  a  tax  on  re- 
tail dealers,  is  neither  illegal  nor  unconstitutional.    1  An.  387. 

9.  The  corporation  is  not  bound  to  tax  real  and  personal  estate 
at  the  same  time:  a  tax  may  be  legally  imposed  on  either  alone. 
•_>  An.  182;  1  La.  13. 

10.  The  ordinance  of  March  13,  1838,  section  4.  requiring 
managers  of  theatres  to  pay  annually  five  hundred  dollars  for 
the  use  of  the  Charity  Hospital  is  not  unconstitutional.  The  en- 
action for  a  price  for  the  license  so  granted  is  not,  in  its  proper 
sense,  a  tax.     2  An.  550;  5  An.  380. 

11.  Property  within  the  incorporated  limits  of  the  city,  not 
laid  out  into  streets,  is  subject  to  taxation  for  all  municipal  pur- 
poses, except  the  maintenance  of  lights,  of  the  police,  and  the 
expense  of  watering  and  cleaning  the  streets.     2  An.  611. 

12.  Under  the  statute  of  1805  rural  property  is  not  liable  for 
assessment  for  the  maintenance  of  lights,  of  the  city  watch,  and 
for  the  cleaning  of  the  streets.     10  An.  763. 

13.  An  ordinance  imposing  a  tax  on  all  retailers  of  soda-water, 
with  the  exception  of  apothecaries,  is  not  illegal  or  unconstitu- 
tional, nor  will  the  fact  that  the  party  had  paid  for  a  license  as 
a  confectioner  exempt  him  from  liability  for  the  tax.  4  An.  328. 
tsec.  10  of  the  city  ordinance  of  December  16,  1846,  does  not  au- 
thorize the  imposition  on  each  partner  of  a  banking  house  or 
firm  of  the  whole  amount  of  the  tax.  without  regard  to  his  resi- 
dence in  the  State.  The  tax  is  imposed  on  the  business,  and  not 
upon  the  individual  members  of  the  firm,  unless  they  be  perman- 

•ent  residents,  or  sojourners  within  this  State.  The  power  of  the 
State  itself  to  lay  taxes  only  extends  to  persons  and  property 
within  its  jurisdiction.    4  An.  407;  but  see  6  An.  783. 


1112  TAXATION   AND   LICENSE. 

14.  Under  the  act  of  May  4,  1847.  the  City  Councils  had  the 
power  of  taxing  rural  property  within  the  limits  of  the  city,  in 
the  same  manner  that  urban  property  is  taxed;  but  a  distinction 
between  rural  and  urban  property  was  made  by  the  act  of  March 
18.  1850. 

15.  The  remission  of  a  tax  by  the  Council  is  an  extinguishn',ent 
of  the  obligation,  and  the  tax  can  not  be  imposed.     4  An.  605. 

16.  The  power  to  levy  and  collect  taxes  has  ever  been  un- 
derstood to  operate  prospectively  and  never  retrospectively.  (J 
An.  605;  39  An.  115. 

17.  Taxes  imposed  by  political  corporations,  to  whom  a  por- 
tion of  the  powers  of  the  government  are  delegated  for  the  pur- 
pose of  government  and  police,  are  not  liable  to  seizure  on  exe- 
cutions against  those  corporations;  nor  are  funds  collected  on 
judgments  for  taxes  liable  to  seizure.  But  sums  due  to  munici- 
pal corporations  for  paving,  or  bonds  taken  for  paving,  are 
liable  to  seizure.  .  6  An.  570. 

18.  The  exigencies  of  government  require  that  the  process  for 
the  collection  of  taxes  should  be  summary.  They  are  to  be  re- 
garded not  as  a  debt  to  be  enforced  against  the  debtor  who  con- 
tracted it,  by  official  proceedings,  but  a  contribution  required 
from  the  citizens  for  the  support  of  government,  and  for  the  pro- 
tection and  benefit  of  all.     7  An.  192. 

19.  Where  taxes,  illegally  assessed,  have  been  paid  through 
error,  they  may  be  recovered.    10  An.  73. 

20.  The  assessment  by  the  city  authorities,  on  account  of  sub- 
scription to  railroad  stock  and  for  the  consolidated  loan  tax.  is 
essentially  a  tax.     10  An.  762. 

21.  The  license  tax  imposed  on  keepers  of  coffee-houses  is  im- 
posed upon  all  persons  of  the  same  class,  and  is  therefore  consti- 
tutional.    9  An.  305;   11  An.  68. 

22.  A  legal  presumption  exists  in  favor  of  the  correctness  of 
the  assessment  rolls.  If  errors  exist,  defendant  must  allege  and 
prove  them.     11  An.  69;  see,  also,  11  An.  195  and  251.. 

23.  The  practice  of  the  profession  of  law  is  not  shielded  from 
taxation.     12  An.  343  and  344. 

24.  Where  a  tax,  levied  under  a  municipal  ordinance  passed 
without  the  legal  formalities,  has  been  voluntarily  paid,  it  can  not 
be  recovered  back  on  the  ground  of  error. 

There  being  no  law  exempting  the  plaintiffs  property  from 
taxation,  for  the  purposes  contemplated  by  the  ordinance,  he 
was  under  a  natural  obligation  to  contribute  his  quota  to  the 
support  of  the  municipal  government  from  which  he  derived 
protection.  Xo  suit  will  lie  to  recover  what  has  been  paid  or 
given  in  compliance  with  a  natural  obligation.  12  An.  34;  25 
An.  464. 

25.  One  can  only  be  bound  by  the  assessment  rolls  of  the  parish 


TAXATION   AND   LICENSE.  1113 

or  district  within  whlcli  one   has  taxable   property,  after  having 
failed  to  appeal  without  a  sufficient  excuse.     12  An.  47. 

26.  Under  the  city  ordinance  providing  that  "every  keeper  of 
a  transient  theatre,  circus,  menagerie  or  other  public  exhibition 
or  show,  shall  pay  in  advance  a  tax  of  ten  dollars  for  each  per- 
formance,"' etc.,  a  tax  can  not  be  levied  on  one  who  keeps  a 
permanent  establishment  for  an  exhibition  consisting  of  natural 
and  artilicial  curiosities,  for  admission  to  which  visitors  are 
charged  a  certain  price.     12  An.  205. 

27.  The  State  Tax  Collector  has  a  right  to  institute  an  action  in 
the  name  of  the  State,  for  the  recovery  of  taxes,  when  it  is  evi- 
dent that  the  seizure  of  property  would  occasion  an  injunction. 
13  An.  497. 

28.  Where  an  incorporated  company  has  property  subject  to 
taxation  in  the  district  of  its  domicile,  they  are  bound  to  apply 
to  have  the  tax  roll  corrected  if  they  are  erroneously  assessed. 
13  An.  497. 

29.  The  Legislature,  besides  levying  taxes  for  the  support  of 
the  State  government,  may  delegate  to  the  several  parishes  and 
municipal  corporations  of  the  State  a  similar  power  of  taxation 
for  the  support  of  a  local  government  and  police  within  their 
respective  limits.     13  An.  56;  29  An.  283. 

30.  There  is  no  constitutional  or  legal  provision  inhibiting  the 
taxation  of  the  profession,  calling  or  business  of  an  auctioneer. 
13  An.  56. 

31.  Where  property  has  been  omitted  in  the  general  State 
assessment  a  supplemental  assessment  may  be  afterward  made^ 
and,  in  this  case,  it  is  not  necessary  that  the  formalities  of  time^ 
manner  and  place  required  by  law  should  be  observed.  15 
An.  89. 

32.  It  is  not  the  State  tax  roll  which  creates  the  indebtedness 
for  local  tax ;  it  is  the  ordinance  which  levies  the  tax.  Hence  a 
person  who  has  removed  with  his  property  out  of  the  State,  after 
the  assessment  of  the  State  tax,  but  before  any  local  tax  is 
assessed,  is  not  indebted  for  such  local  tax.     16  An.  117. 

33.  A  party  objecting  to  the  assessment  roll  on  the  ground  that 
it  is  incorrect  must  resort  to  the  mode  pointed  out  by  law,  and 
within  the  time  prescribed  to  have  it  corrected,  otherwise  he  will 
be  bound  by  it.     19  An.  474. 

34.  The  power  of  making  local  assessments  for  local  improve- 
ments is  not  taxation  within  the  meaning  of  the  Constitution,  and 
does  not,  therefore,  conflict  with  that  provision  of  the  Constitu- 
tion which  requires  taxes  to  be  uniform.     20  An.  Kep.  497. 

35.  Want  of  proper  description  of  the  property  will  vitiate  the 
assessment  roll.    20  An.  Rep.  560. 

36.  The  act  of  the  Legislature  prescribing  the  form  of  proceed- 
ings for  enforcing  the  collection  of  taxes  due  the  city  of  New 


1114  TAXATION   AND   LICENSE. 

Orleans,  by  advertisements  in  the  official  newspapers,  in  lieu  of 
a  petition  and  citation,  is  constitutional.     20  An.  Rep.  139. 

37.  To  authorize  the  assessment  of  a  tax  for  an  improvement, 
it  must  be  shown  that  the  property  assessed  is  benefited  by  the 
improvement.     20  An.  497. 

38.  The  boundaries  of  the  city  having  been  changed,  the  rural 
property  included  in  its  limits  becomes  liable  to  the  same  pro- 
portion of  taxes  as  urban.     27  An.  156. 

39.  The  citation  of  delinquent  taxpayers  by  advertisement  in  the 
official  newspaper  is  constitutional  and  binding.  20  An.  140;  3 
M.  720;  10  An.  727,  766,  771;  11  An.  146.  338,  420;  12  An.  751; 

13  An.  405. 

40.  Registry  is  unnecessary  to  preserve  the  privilege  for  taxes. 
25  An.  334;  28  An.  592;  26  An.  496;  30  An.  296. 

41.  Taxes  are  not  debts,  but  forced  contributions.  26  An.  697; 
28  An.  836. 

42.  Property  annexed  by  the  city  of  New  Orleans  may  be  assessed 
to  pay  the  debt  existing  previous  to  the  annexation.     26  An.  498; 

14  An.  505;  12  An.  515. 

43.  Under  Art.  209  of  the  Constitution  of  1879  the  city  of  New 
Orleans  has  no  power  to  levy  a  tax  in  excess  of  ten  mills  on  the 
dollar,  and  it  can  not  be  compelled  by  mandamus  to  exercise  a 
power  which  it  does  not  possess ;  unless  in  cases  where  said  Art. 
209  would  be  violative  of  the  Constitution  of  the  United  States. 
32  An.  709. 

44.  The  city  of  New  Orleans,  in  the  absence  of  judicial  decree, 
-could  not  legally,  of  its  own  accord,  levy  a  tax  beyond  the  con- 
stitutional limitations  to  pay  its  debt.     34  An.  469. 

45.  Municipal  corporations  have  no  inherent  power  of  taxation, 
3)ut  can  tax  only  as  the  State  has  thought  proper  to  permit.  33 
An.  1179. 

46.  Under  Art.  206  of  the  Constitution  the  power  granted  to  "levy 
a  license  tax"  is  discretionary,  and  not  mandatory.  The  State 
or  city  may  abstain  from  taxing,  or  may  exempt  from  license  any 
occupation  or  calling,  subject  to  the  restriction  that  if  a  particu- 
lar calling  is  taxed  the  tax  must  conform  to  the  constitutional 
rules.  The  contrary  rule  with  regard  to  property  taxation  re- 
sults from  the  provisions  of  Art.  203,  that  "aZi  property  shall  be 
taxed  according  to  its  value,"  and  of  Art.  207,  "the  following 
property  shall  be  exempt  from  taxation,  and  no  other.'" 

47.  There  is  no  equivalent  constitutional  provisions  relative  to 
license  taxation,  requiring  all  occupations  or  all  persons  pursu- 
ing any  occupations  to  be  taxed,  or  declaring  that  no  other  than 
certain  occupations  shall  be  exempted.  Hence,  the  city  has  the 
right  to  abstain  from  taxing,  or  to  exempt  any  particular  calling 
or  business.     38  An.  826;  43  An.  959. 

48.  Exemptions.     31  An.  292,  440,  529,  637,  826;  32  An.  82,  104. 


TELEGRAPH   COMPANIES. 

157,  239,  1075,  1136;  33  An.  850;  34  An.  574,596.  851,  892;  35  An. 
746,  996. 

49.  Exemptions  strictly  enforced.  33  An.  622;  35  An.  668;  36 
An.  804;  37  An.  68;  38  An.  36,  292:  42  An.  1103. 

50.  Mechanics  who  employ  assistants  not  exempted.  35  An. 
545;  45  An.  44,  219,  346;  43  An.  1104;  44  An.  91,  659. 

51.  Barbers  exempted.     44  An.  1116. 

52.  The  power  of  taxation  is  derived  from  and  regulated  by  the 
State  Constitution,  and  the  Legislature  in  exercising  such  power 
is  bound  to  conform  to  the  Constitution.     42  An.  428. 

53.  The  prescription  of  three  years  provided  by  Art.  186  of  the 
Constitution  only  applies  to  unrecorded  tax  liens  and  privileges. 
42  An.  432;  43  An.  810;  45  An.  566. 

54.  Newspaper  publishers  are  exempt  from  license  taxation 
under  Article  206  of  the  Constitution.  42  An.  561.  Xot  ex- 
empted.    44  An.  76. 

55.  When  a  purchaser  at  a  tax  sale,  in  pursuance  of  Act  82  of 
1884,  assumes  the  payment  of  taxes  in  accordance  with  said  act, 
he  can  not  evade  his  obligations  by  contesting  the  validity  of  the 
assessment.     42  An.  677. 

56.  The  provision  in  Art.  207  of  the  Constitution  of  this  State 
exchides  from  exemption  from  taxation  schools  that  are  con- 
ducted for  private  benefit.     46  An.  572. 

57.  The  limitation  of  ten  mills  of  parish  or  municipal  taxation 
permits  the  levy  up  to  that  limit  by  the  parish,  and  the  levy  up  to 
the  same  limit  by  the  municipal  corporation.     47  An.  1471. 


TELEGRAPH  COMPANIES. 

AMERICAN   UNION   TELEGRAPH   COMPANY. 

Art.  2969.  (1)  That  the  right  of  way  be  and  the  Rjehtofway. 
same  is  hereby  granted  to  the  American  Union  Tele-  K!s.'636S!^ 
graph  Company,  a  corporation  duly  chartered  and  or- 
ganized under  the  lavrs  of  the  State  of  New  York,  its 
agents,  transferees,  representatives,  successors  or 
assigns,  through  the  streets  and  public  thoroughfares 
of  the  city  of  New  Orleans,  for  the  space  and  term  of 
twenty-five  years  from  the  passage  of  this  ordinance. 

Art.  2970.  (2)  That  said  American  Union  Telegraph  to  construct 
Company,  its  agents,  transferees,  representatives,  succes-finel  "*'"^*'" 
sors  or  assigns ,  be  and  they  are  hereby  authorized  to  erect ,  ^^' 

construct  and  maintain    such   lines  of  telegraph  as  they 


1116  TELEGRAPH   COMPANIES. 

may  require  for  the  purpose  of  conveying  intelligence 
by  electricity,  and  carrying  on  their  business  within,  to 
and  from  the  limits  of  this  city,  over  such  routes  as  may 
be  designated  by  the  Administrator  of  Improvements 
and  under  specifications  to  be  prepared  by  the  City  Sur- 
veyor; provided,  that  the  location  of  such  wires  and 
poles  may  be  changed  whenever  in  the  interest  of  com- 
merce such  change  becomes  necessary,  after  ninety  days' 
notice  to  said  company  or  its  agents,  transferees,  repre- 
sentatives, successors  or  assigns. 
Conditions.  Art.  2971.  (3)  That  this  ordinance  will  go  into  effect 
upon  the  acceptance  of  same  by  the  American  Union 
Telegraph  Company  by  act  before  the  City  Notary. 

ATLANTIC   AND   PACIFIC  TELEGRAPH   COMPANY. 

Right  of  way.  Art.  2972.  That  permission  be  and  is  hereby  granted 
A.  s.  3918.*  to  the  Atlantic  and  Pacific  Telegraph  Company  to  con- 
struct its  line  of  telegraph  along  the  Gentilly  road  from 
beyond  the  Fair  Grounds  to  Broad  street,  down  Broad 
street  to  the  Basin,  along  the  Basin  to  Basin  street, 
along  Basin  street  to  Canal  street  and  thence  to  said 
company's  office  in  this  city,  by  such  route  as  may  here- 
after be  designated  by  the  Administrator  of  Commerce 
and  the  City  Surveyor. 


BALTIMORE   AND   OHIO   TELEGRAPH   COMPANY. 

Franchrse.         Art.  2973.    (1)  That  the  Baltimore  and  Ohio  Tele- 

Ord.  No.  919,  ,       _,  ^  .  -  ^  ^    , 

c.  s.  graph  Company,    a   corporation  created  under   and  by 

virtue  of  the  laws  of  Louisiana,  its  agents,  trans- 
ferees and  successors,  be  and  is  hereby  granted  per- 
mission and  authority  to  establish  a  cable  across  the 
Mississippi  river,  and  land  the  end  thereof  at  a  point  at  or 
near  the  point  where  Jackson  street  intersects  the  river. 
Cable  box  or  and  coustruct  and  establish  a  cable  box  or  a  house  in 
such  manner  as  not  to  obstruct  the  use.  of  the  levee  or 
street,  and  may  erect  lines  of  poles  and  wires  on  and 
along  the  streets  of  the  city  sufficient  and  adequate  to 
connect  such  cable  with  a  central  office,  located  in  a  cen- 
tral portion  of  the  city,  to  be  selected  by  the  said  tele- 


TELEGRAPH   COMPANIES.  1117 

graph  company ;  and  also  to  make  and  construct  on 
and  along  the  streets  of  the  city  such  lines  of  poles  and 
wires  as  shall  or  may  be  necessary  to  connect  its  offices 
with  any  other  line  of  the  telegraph  wires  which  it  may  con-  Pj-iviieges. 
struct  or  establish  on  or  along  any  of  the  highways  or  rail- 
ways now  approaching  and  connecting  with  this  city,  or 
such  as  may  hereafter  be  established  or  constructed,  and 
with  all  such  subordinate  or  auxiliary  offices  as  such  com- 
pany may  establish  within  the  city  limits ;  provided, 
that  said  lines  of  poles  and  wires  so  constructed  shall 
not   interfere   with  the  free  use  of  the  streets  and  ban- 

Restrictions. 

quettes  for  ordinary  traffic,  and  shall  be  erected  and 
constructed  in  such  manner  and  of  such  material  as  to 
comply  with  the  terms  and  requirements  of  all  existing 
ordinances  upon  the  subject,  and  the  approval  of  the 
City  Surveyor;  provided  further,  that  this  permission 
is  granted  subject  to  all  the  conditions  imposed  upon 
telegraph  lines  and  the  erection  of  telegraph  poles  by, 
any  and  all  general  ordinances  now  in  force. 

Art.  2974.  (2)  That  from  and  after  the  passage  of  Pcies.etc. 
this  ordinance  it  shall  not  be  lawful  to  maintain  or 
erect  any  poles  in  the  streets,  ways  or  public  places  of 
this  city  for  the  purpose  and  use  of  supporting  wires 
for  telegraph  purposes,  except  on  the  conditions  here- 
after provided  in  this  ordinance. 

Art.  2975.  (3)  That  said  poles  shall  not  be  of  an  Elevation, 
elevation,  at  the  lowest  wire,  less  than  forty  (40)  feet 
from  top  of  curbstone ;  that  their  depth  of  insertion  in 
the  earth  shall  not  be  less  than  five  (5)  feet  from  top 
of  curbstone,  and  their  dimensions,  at  a  point  six  (6) 
feet  above  the  surface  or  top  of  curbstone,  shall  not  be 
less  than  forty  (40)  inches  in  circumference,  or  thirteen 
(13)  inches  in  diameter.  They  shall  be  straight  and 
have  a  smooth -planed  surface,  which  shall  be  painted 
brown,  blue,  green  or  some  other  color,  to  distinguish 
the  company  owning  them,  from  the  ground  fifteen  (15) 
feet  upward,  au'd  thence  white  to  top  extremity;  in 
black  letters  have  branded  upon  them,  six  (6)  feet  above 
the  curbstone,  the  name  of  the  company  owning  them, 
and  shall  be  placed  upon  sidewalks   close  to  and  upon 


mensions,  etc. 


1118  TELEGRAPH   COMPANIES. 

the  inner  face  of  the  curbstone,  and  shall  be  taken 
down  and  replaced  whenever  found  to  be  dangerous 
from  decay,  splits,  breaks  or  spoils. 

Price  paid  city.  Art.  2976.  (4)  That  the  said  Baltimore  and  Ohio  Tele- 
graph Company,  their  successors  and  assigns,  bind 
themselves,  and  each  of  them,  to  pay  to  the  city  of  New 
Orleans  the  sum  of  five  ($5)  dollars  per  pole  per  annum, 
within  the  limits  of  the  city,  bounded  by  Jackson, 
Elysian  Fields,  Roman  streets  and  the  Mississippi 
river.  Said  payment  of  five  ($5)  dollars  per  annum  for 
every  such  pole  erected  within  the  limits  above  de- 
scribed, to  be  made  in  consideration  of  the  privilege  and 
advantage  of  entering  upon,  and  using,  and  permanently 
occupying  the  streets,  ways,  and  places  of  the  city  for 
private  profit,  and  to  be  paid  annually  in  advance,  and 
all  poles  outside  of  said  limits  to  be  exempted  from 
said  payment. 
City's  rights.  Art.  2977.  (5)  That  in  addition  to  the  price  paid  per 
annum  per  pole,  as  herein  set  forth,  the  city  shall  have 
the  right,  under  such  regulations  as  may  be  established 
by  the  Council,  to  use  said  poles  gratuitously  for  the 
support  of  such  wires  as  may  be  found  necessary  for 
the  service  of  the  Fire  Alarm  and  Police  Departments. 

Inspection,  etc.  ^RT.  2978.  (6)  That  the  location,  condition,  inspec- 
tion and  placing  of  said  poles  shall  hereafter  be  put 
under  the  control  of  the  Commissioner  of  Public 
Works,  th£  City  Surveyor  and  Chairman  of  Committee 
on  Streets  and  Landings,  or  a  majority  thereof. 

Rights  of  city.  Art.  2979.  (7)  That  nothing  in  this  grant  can  be 
construed  as  giving  the  said  Baltimore  and  Ohio  Tele- 
graph Company  the  right  to  permit  the  use  of  their 
poles  for  the  wires  of  other  telegraph,  telephone,  electric 
light  or  electrical  appliance,  except  by  and  with  the 
consent  of  the  City  Council. 
Duty  of  com.  Art.  2980.  (8)  That  the  said  Baltimore  and  Ohio  Tele- 
graph Company  shall,  before  constructing  or  erecting 
their  poles  or  lines  of  poles  as  herein  provided,  furnish 
the  Council,  through  the  City  Surveyor,  with  the  num- 
ber of  same  to  be  erected,  and  upon  the  approval  of  the 
same  by   the  Council  said  company  shall  at  once  pay 


TELEGRAPH   COMPANIES.  1119 

the  amount  of  five  ($5)  dollars  per  pole,  as  now  fixed 
by  ordinance  for  the  privilege  to  erect  said  poles,  into 
the  treasury  of  the  city. 

Art.  2981,   (9)  That  all  ordinances  or  parts  of  ordi-    Repealing 
nances  in  conflict  with  the  provisions  of  this  ordinance 
be  and  are  hereby  repealed. 

CHAS.    E.    BLACK,  ASSOCIATES,    SUCCESSORS   OR  ASSIGNS. 

Art.  2982.  (1)  That  Chas.  E.  Black,  his  associates.    Franchise, 
successors   or   assigns,  are   hereby  authorized   to  con-c.  s. '    °'^°°'' 
struct  and  maintain  a  line  or   lines   of  telephone,    tele-    ^°^* '  > '   4- 
graphs  through  the  streets  of  this  city,  the  line  or  lines 
to  be  constructed  along  such  streets,  at  such   point  and 
in  such  manner,  as  to  the  kind  and  position  of  telegraph 
poles,  the  height  of  wires  above  the  streets,   and  in   all 
other  particulars,  as  the  Commissioner  of  Public  Works, 
City  Surveyor  and  Chairman   of  Committee  on   Streets 
and  Landings  may  direct. 

Art.  2983.  (2)  That  said  telephone  company  shall,  Free  to  city, 
in  addition  to  the  price  paid  per  pole  per  annum,  as 
herein  set  forth,  gratuitously  furnish  and  maintain 
telephonic  apparatus  and  connection  with  such  public 
offices,  institutions  or  buildings  as  the  Council  may 
direct,  to  a  total  of  not  exceeding  ten  (10),  and  any 
over  that  number,  if  ordered  by  the  Council,  shall  be 
paid  for  at  customary  rates,  and  shall  balance  by  ap- 
propriate credits  all  existing  charges  against  the  city 
government  in  any  of  its  branches  for  use  of  any  tele- 
phones now  or  hereafter  operated. 

Art.  2984.  (3)  That  from  and  after  the  passage  of  Conditions, 
this  ordinance  it  shall  not  be  lawful  to  maintain  or  erect 
any  poles  in  the  streets,  ways  and  public  places  of  this 
city,  for  the  purpose  and  use  of  supporting  wires  for 
telephone  p^irposes,  except  on  the  conditions  hereafter 
provided  for  in  this  ordinance. 

Art.  2985.  (4)  That   said  poles   shall  not  be   of  an  Elevation,  etc. 
elevation,  at  the  lowest  wire,  less  than  forty  (40)  feet 
from  top  of  curbstone;  that  their  depth  of  insertion  in 
the  earth  shall  not  be  less  than  five  (5)  feet  from  the 
top  of  curbstone,  and  their  dimensions  at  a  point  six  (6) 


I 


ment, 


1120  TELEGRAPH   COMPANIES. 

feet  above  the  surface  or  top  of  curbstone  shall  not  be 
less  than  forty  (40)  inches  in  circumference,  or  thirteen 
(13)  inches  in  diameter.  They  shall  be  straight  and 
have  a  smooth-planed  surface,  which  shall  be  painted 
brown,  blue,  green,  or  some  other  color,  to  distinguish 
the  company  owning  them,  from  the  ground  fifteen  (15) 
feet  upward,  and  thence  white  to  top  extremity;  in 
black  letters  have  branded  upon  them  six  (6)  feet  above 
the  curbstone  the  name  of  the  company  owning  them, 
and  shall  be  placed  upon  sidewalks  close  to  and  upon 
the  inner  face  of  the  curbstone,  and  shall  be  taken 
down  and  replaced  whenever  found  to  be  dangerous 
from  decay,  splits,  breaks  or  spoils. 

Annual  „ay-  Art.  2986.  (5).  That  the  said  Charles  E.  Black,  and 
his  successors  and  assigns,  bind  themselves  and  each  of 
them  to  pay  to  the  city  of  New  Orleans  the  sum  of  five 
($5)  dollars  per  pole  per  annum,  within  the  limits  of 
the  city,  bounded  by  Jackson,  Elysian  Fields,  Roman 
streets  and  the  Mississippi  river.  Said  payment  of  five 
($5)  dollars  per  pole  per  annum  for  each  such  pole 
erected  within  the  limits  above  described,  to  be  made  in 
consideration  of  the  privilege  and  advantage  of  entering 
upon,  and  using,  and  permanently  occupying  the  streets, 
ways  and  places  of  the  city  for  private  profit,  and  to  be 
paid  annually  in  advance,  and  all  poles  outside  of  said 
limits  to  be  exempted  from  said  payment. 

Right  of  city.  Art.  2987.  (6)  That  in  addition  to  the  price  paid  per 
annum  per  pole,  as  herein  set  forth,  the  city  shall  have 
the  right,  under  such  regulations  as  may  be  established 
by  the  Council,  to  use  said  poles  gratuitously  for  the 
support  of  such  wires  as  may  be  found  necessary  for  the 
service  of  the  Fire  Alarm  and  Police  Departments. 

Location  and  Art.  2988.  (7)  That  the  locatiou,  couditiou,  inspection 
and  placing  of  said  poles  shall  hereafter  be  put  under  the 
control  of  the  Commissioner  of  Public  Works,  the  City 
Surveyor  and  Chairman  of  Committee  on  Streets  and 
Landings,  or  a  majority  thereof. 

Use  of  poles.  Art.  2989.  (8)  That  nothing  in  this  grant  shall  be 
construed  as  giving  the  said  Charles  E.  Black,  his 
successors  or  assigns,  the  right  to  permit  the  use  of. 


TELEGRAPH  COMPANIES.  1121 

their  poles  for  the  wires  of  other  telegraph,  telephone, 
electric  light  or  electrical  appliance,  except  by  and  with 
the  consent  of  the  City  Council. 

Art.  2990.  (9)  That  said  Charles  E.  Black,  his  sue-  Dmyof  com- 
cessors  or  assigns,  shall,  before  constructing  or  erecting 
their  poles  or  lines  of  poles  as  herein  provided  for, 
furnish  the  Council,  through  the  City  Surveyor,  with  the 
number  of  same  to  be  erected,  and  upon  the  approval 
of  the  same  by  the  Council  said  company  shall  at  once 
pay  the  amount  of  five  ($5)  dollars  per  pole  as  now 
fixed  by  ordinance  (for  the  privilege  to  erect  said  poles) 
into  the  treasury  of  the  city.  It  being  understood  that 
all  poles  erected  and  paid  for  within  the  last  three 
months  of  any  year  shall  be  considered  as  having  been 
paid  for  the  ensuing  year. 

Art.  2991.  (10)  That  said  grantee,  his  successors  and  Bond, 
assigns,  shall,  after  the  passage  of  this  ordinance,  and 
before  its  promulgation,  furnish  to  the  Mayor  a  good 
and  solvent  bond  in  the  sum  of  ten  ($10,000)  thousand 
dollars,  in  favor  of  the  city  of  New  Orleans,  as  a  guar- 
antee of  good  faith,  on  the  following  condition :  That 
the  said  grantee,  his  successors  and  assigns,  shall, 
within  a  period  not  to  exceed  ninety  (90)  days  from  the 
promulgation  of  this  ordinance,  erect  not  less  than  fifty 
(50)  poles  on  the  streets  of  the  city,  bounded  by  Jack- 
son, Elysian  Fields,  Roman  streets  and  the  Mississippi 
river,  necessary  and  appurtenant  to  the  execution  of  p  ^^  ..  ^ 
this  ordinance,  and  if  this  condition  is  not  strictly  ful- 
filled the  said  bond  of  ten  ($10,000)  thousand  dollars 
becomes  ipso  facto  forfeited  to  the  city  as  liquidated 
damages,  and  shall  be  paid  to  the  Mayor,  without  legal 
proceedings  or  other  formalities. 

Art.  2992.    (11)  That  it  shall  be  stipulated  in  said     Rights  not 

,,  ,  ,  ,  ,  ..,-  ..        transferable. 

bond,  and  agreed  to  by  the  principals  and  securities 
thereon,  in  addition  to  the  other  conditions  and  obliga- 
tions therein  expressed,  that  said  grantees  shall  not 
assign  the  privileges  herein  granted  to  any  existing  com- 
pany except  by  the  consent  of  the  Council,  nor  shall 
they  enter  directly  or  indirectly  into  any  combination 
with  any  other  telephone  company,  and  in  either  event 


1122  TELEGRAPH   COMPANIES. 

the  amount  of  said  bond  shall  be  due  and  forfeited  as 
liquidated  damages  to  the  city  of  New  Orleans,  against 
both  principals  and  securities  on  said  bond. 

tia^ncer  °'^"  ^^T.  2993.  (12)  That  all  the  acts  and  doings  of  said 
company  under  this  ordinance  shall  be  subject  to  any 
ordinance  or  ordinances  that  may  hereafter  be  passed 
by  the  City  Council  concerning  the  same. 

s  Sb"e°^  '^^'  '^^'^'  ^^^^'  (1^)  That  nothing  contained  in  this  grant 
and  privilege  to  said  company  is  intended  to  be  construed 
as  binding  the  city  of  New  Orleans,  or  making  her 
responsible  to  any  person  for  any  loss,  damage  or  injury 
which  might  arise,  should  the  said  company  or  its 
assigns  be  in  any  manner  interfered  with  or  deprived  of 
any  of  these  rights  or  privileges  from  any  cause  whatso- 
ever, and  in  case  there  is  any  conflict,  or  any  injury  to  any 
rights  or  privileges  heretofore  granted  by  the  city  to 
any  person  or  corporation,  the  said  company  binds  itself 
to  hold  the  city  harmless,  and  undertakes  the  obligation 
to  arrange  and  settle  all  such  conflicts  and  injuries. 
Repealing  Art.  2995.  (14)  That  all  ordinances  or  parts  of  ordi- 
nances in  conflict  with  the  provisions  of  this  ordinance 
be  and  the  same  are  hereby  repealed. 

chas.E.  Black,  ^RT.  2996.  (1)  That  Charles  E.  Black,  his  associates, 
Feb.  10, 1885.  successors  or  assigns,  are  hereby  authorized  to  construct 
and  maintain  the  telephone  and  telegraph  poles  named 
in  Ordinance  No.  1001,  C.  S.,  to  be  square  instead  of 
round,  and  the  measure  not  less  than  nine  inches  square 
at  the  butt  and  six  inches  square  at  the  top,  free  from 
sap,  and  in  all  other  respects  as  to  height,  depth  in  the 
ground,  etc.,  to  be  the  same  as  is  contained  in  section  4 
of  said  ordinance. 

POSTAL  TELEGRAPH  CABLE  COMPANY. 

Rightofway.  Art.  2997.  (1)  That  the  Postal  Telegraph  Cable  Coiu- 
c.  s.'  °'^^^  ^'pany,  its  successors  and  assierns,  are  hereby  granted  per- 
mission to  construct,  operate  and  maintain  a  line  or  lines 
of  telegraph  poles  and  wires  within  the  corporate  limits 
of  the  city  of  New  Orleans,  from  a  point  where  the 
track  or  tracks  of  the  Louisville,  New  Orleans   &  Texas 


June  2, 


TELEGRAPH   COMPANIES.  1123 

Railway  Company's  road  crosses  Upperline  street,  be- 
tween Eleventh  and  Belfast  streets,  on  and  along  the 
right  of  way  of  the  said  Louisville,  New  Orleans  & 
Texas  Railway  Company's  right  of  way  to  where  said 
road  crosses  the  New  Canal,  if  said  telegraph  company 
can  obtain  the  consent  of  said  railway  company,  and 
may  cross  all  streets  and  public  ways  necessary  to  that 
end,  and  from  the  point  where  said  railway's  tracks 
cross  the  turnpike  or  Shell  Road  on  the  upper  side  of 
said  New  Canal,  along  the  upper  side  of  said  turnpike 
to  Howard  avenue,  along  the  upper  side  of  Howard  ave- 
nue to  the  point  of  intersection  with  Euphrosine  street, 
along  Euphrosine  street  to  its  intersection  with  South 
Rampart  street,  thence  to  corner  St.  Joseph  and  Caron- 
delet  streets,  over  poles  now  existing,  with  the  consent 
of  the  owners  thereof,  or  underground,  as  the  said 
Postal  Telegraph  and  Cable  Company  may  elect. 

Art.  2998.  (2)  That  said  line  shall  be  constructed 
with  poles  of  cedar  or  other  durable  wood,  and  of  a 
size  and  length  approved  by  the  City  Surveyor,  and  the 
wires  shall  be  suspended  at  such  distance  from  the 
level  of  the  streets  and  crossings  as  shall  be  approved 
by  said  Surveyor,  who  shall  also  designate  where  any 
pole  located  in  any  public  street  shall  be  placed,  and  to 
what  distances  it  shall  be  inserted  in  the  earth.  Such 
line  shall  be  so  constructed  as  not  to  come  in  contact 
with  any  other  line  or  lines  of  wires  authorized  to  be 
established  by  any  prior  ordinance,  and  in  such  manner 
as  not  to  interfere  with  the  free  use  of  the  streets  and 
sidewalks  for  the  ordinary  purposes  of  traffic,  or  impair 
the  drainage  of  said  streets  or  of  the  city,  and  said 
telegraph  company  shall  restore  all  pavement  or  parts 
of  streets  that  may  be  disturbed  in  the  erection  of  said 
line  of  telegraph  to  the  same  condition  as  before  such 
disturbance. 

Art.  2999.  (3)  That  this  ordinance  take  effect  from 
and  after  its  promiilgation. 


Construction. 
lb. 


1124  TELEGRAPH   COMPANIES. 


NEW   ORLEANS   TELEPHONE   COMPANY. 

F^Hitr^'  Art.  3000.  (1)  That  the  New  Orleans  Telephonic  Ex- 
A.  S.4906.  ciiange  is  hereby  authorized  to  construct  and  maintain  a 
line  or  lines  of  telegraph  through  the  streets  of  this 
city,  the  line  or  lines  to  be  constructed  along  such 
streets,  at  such  points  and  in  such  manner  as  to  the 
kind  and  position  of  the  telegraph  poles,  the  height  of 
the  wires  above  the  streets,  and  in  all  other  particulars, 
as  the  Administrator  of  the  Department  of  Improve- 
ments of  this  city  may  direct;  provided,  however,  that 
the  said  company  shall  connect  their  wires  with  the 
Mayor's  office,  Chief  of  Police's  office  and  Fire  Alarm 
Telegraph  office,  and  place  and  keep  telephones  therein, 
free  of  charge  to  the  city,  so  that  the  said  telephones 
may  be  used  in  connection  with  all  wires  under  the 
control  of  said  company. 
Conditions.^  Art.  3001.  (2)  That  all  the  acts  and  doings  of  said 
company  under  this  ordinance  shall  be  subject  to  any 
ordinance  or  ordinances  that  may  hereafter  be  passed  by 
the  City  Council,  concerning  the  same. 

S.  P.    WALMSLEY,    CHARLES   H.    SCHENCK   AND   ASSOCIATES. 

Franchise.         Art.  3002.  (1)  That  S.  P.Walmslcy,  Chas.  H.  Schenck, 

Ord.  No.  10,751, 

c.  s.  William   P.    Nicholls,    Thomas  W.    Castleman,    Harry 

May  21    iSqi;. 

'  Allen,  Lafayette  D.  Carroll,  Francis  S.  Shields  and 
Louis  T.  Bradfield,  their  associates,  successors  and  as- 
signs— hereinafter  referred  to  as  grantees — are  hereby 
authorized  to  construct,  maintain  and  operate,  for  the 
term  and  period  of  twenty-five  years  from  and  after  the 
passage  of  this  ordinance,  a  telephone  exchange  in  the 
city  of  New  Orleans,  and  in  connection  therewith  a  line 
or  lines  of  telephone  wires  in,  over  and  through  the 
streets,  sidewalks,  alleys,  public  places,  etc.,  of  said 
city,  said  line  or  lines  to  be  constructed  along  such 
streets  and  places,  and  in  such  manner  as  to  the  kind 
and  position  of  poles,  the  height  of  wires  above  the 
ground,  and  all  other  particulars,  as  the  Commissioner 
of  Public  Works,  the  Commissioner  of  Police  and  Public 
Buildings  and  the  City  Engineer,  or  any  two  of  them, 


TELEGRAPH    COMPANIES.  1125 

may  direct,  subject  to  the  provisions  of  this  ordinance; 
provided,  said  grantees  shall  have  the  right  at  any  time  to 
place  and  locate  their  wires,  lines  and  cables  under 
ground  in  and  through  said  streets,  sidewalks,  alleys, 
public  places,  etc.,  in  tubes  or  conduits,  or  in  such  other 
manner  as  may  be  approved  by  said  Commissioners  and 
Engineer,  or  any  two  of  them. 

Art.  3003.  (2)  That  the  poles  used  for  supporting  Elevation, etc. 
the  wires  of  said  system  shall  be  of  such  height  that  the 
lowest  wires  shall  not  be  less  than  thirty  feet  above  the 
curbstone  ;  that  they  shall  be  straight  and  have  a  smooth, 
plain  surface,  and  shall  be  painted  of  a  uniform  color 
(brown,  blue,  green  or  such  other  color  as  may  be 
selected,  to  distinguish  the  lines  of  said  grantees  from 
the  poles  of  other  owners  or  companies),  from  the 
ground  fifteen  feet  upward,  and  thence  white  to  the  top, 
and  shall  have  black  letters  painted  or  branded  upon 
them,  showing  the  name  of  the  owner  or  owners  thereof ; 
that  they  shall  be  inserted  into  the  earth  not  less  than 
five  feet  from  the  top  of  the  curbstone ;  that  each  pole 
shall  measure,  at  a  point  six  feet  above  the  surface  of 
the  curbstone,  not  less  than  forty  inches  in  circum- 
ference, or  thirteen  inches  in  diameter,  and  that  they 
shall  be  placed  upon  the  sidewalk  nearest  to  and  on  the 
inner  surface  of  the  curbstone,  and  shall  be  taken  down 
and  replaced  whenever  found  dangerous  from  decay, 
splits,  breaks  or  other  causes.  The  said  grantees  shall 
be  required  to  keep  two  4^ -inch  gains  open  two  feet 
apart  at  the  top  of  each  pole,  for  the  purpose  of  re- 
ceiving cross  arms  for  the  wires  of  the  Fire  Alarm  and 
Police  Department. 

Art.  3004.  (3)  That  said  grantees,  or  the  corporation  charges, 
to  be  formed  by  them,  shall  furnish  telephones  and  all 
proper  apparatus  and  devices  for  telephonic  service  to 
persons  desiring  to  subscribe  for  the  same,  and  that  the 
charges  to  subscribers  for  furnishing  telephones  for  their 
use  and  for  service  in  connection  therewith  shall  not  exceed 
the  following  rates  per  annum,  viz. :  For  each  telephone 
located  within  two  miles  of  the  telephone  exchange,  or 
central    station,  the  yearly  charge  shall  not  exceed  $45 


1126  TELEGRAPH   COMPANIES. 

for  business  houses,  nor  $35  for  residences  ;  and  for  each 
telephone  located  more  than  two  miles  from  said  tele- 
phone exchange  or  central  station,  such  additional  rates 
may  be  added  as  shall  be  commensurate  with  the  expense 
caused  by  the  additional  cost  of  construction  and  service ; 
provided,  that  within  three  miles  of  said  exchange  the 
charges  per  annum  shall  not  exceed  $62.50  for  business 
houses,  nor  $50  for  residences,  and  that  in  no  case  shall 
the  annual  charge  for  each  telephone  exceed  $75  for 
business  houses,  nor  $60  for  residences ;  and  provided 
further,  that  said  grantees  shall  not  be  compelled  to 
supply  any  subscriber  in  the  Fifth  Municipal  District, 
or  make  connection  with  any  point  across  the  Mississippi 
river,  within  one  year  from  the  beginning  of  operations  ; 
it  being  distinctly  understood  that  one  year  after  the 
commencement  of  operations  by  the  aforesaid  named 
grantees,  the  said  grantees  shall  furnish  to  all  parties 
applying  for  their  service  in  the  Fifth  Municipal  District 
under  the  same  terms  and  conditions  as  hereinbefore 
provided  for  the  other  sections  of  the  city. 

Inspection,  etc.  Art.  3005.  (4)  That  the  location,  condition,  inspection 
■  and  placing  of  the  poles  of  said  grantees,  and  of  the 
corporation  to  be  formed  by  them,  shall  be  under  the 
control  of  the  Commissioner  of  Public  Works,  the  Com- 
missioner of  Police  and  Public  Buildings,  the  City  En- 
gineer, the  decision  of  the  majority  to  be  final  and  con- 
clusive. 
Consent  of     ^RT.  3006.  (5)  That   nothing   in   this    grant   or   or- 

councii.      ^^  dinance   shall   be   construed   as   giving  to  the  grantees 

herein   named,  their   successors  or  assigns,  the  right  to 

permit  the  use  of  their  poles  for  the  wires  of  telegraph, 

telephone,  electric   light,  electrical  or  other  appliances, 

belonging  to   any   other  person  or  company,  except  by 

and  with  the  consent  of  the  Council. 

Organization.     Art.  3007.  (6)    That   Said    grantees   shall   have   the 

^^'  right  to  form   and   organize   a   corporation  which  shall 

acquire  the   rights  and  privileges  herein  granted,  and 

shall   operate   under  this   ordinance,  but  neither   said 

Assignment,  grautecs  uor  said  corporation  shall  assign  the  privilege 

herein  granted   to  any  company  or  person   without  the 

consent  of  the  City  Council. 


TELEGRAPH   COMPANfES.  1127 

Art.  3008.  (7)  That  nothing  contained  in  this  grant  city  not  re- 
and  privilege  is  intended  to  be  construed  as  binding  the  '    ib. 

city  of  New  Orleans,  or  making  it  responsible  to  any 
person  or  persons,  for  any  loss,  damage  or  injury  which 
might  arise,  should  said  company  or  its  assigns  be  in 
any  manner  interfered  with  or  deprived  of  any  of  its 
rights  from  any  cause  whatsoever ;  and  in  case  there  is 
any  injury  to  any  person  or  corporation  the  said 
grantees,  their  successors  and  assigns  are  to  hold  the 
city  harmless,  and  to  arrange  and  settle  all  such  injuries. 

Art.  3009.  (8)  That  the  said  grantees  shall  connect  city-s  rights, 
their  wires  with  the  Mayor's  office,  the  office  of  the 
Chief  of  Police,  the  Fire  Alarm  Telegraph  office,  City 
Council  Chamber  and  the  Coroner's  office,  and  shall 
place,  keep  and  operate  telephones  therein  free  of 
charge  to  the  city,  so  that  said  telephones  may  be  used 
in  connection  with  all  wires  under  the  control  of  the 
company. 

Art.  3010.     (9)  That  nothing  herein  shall  be  taken  Tax  or  license. 
or  considered  as  in  any  manner  exempting  or  releasing 
said  grantees  from  payment  of  any  tax  or  license  now 
provided  for  by  the  ordinances  of  the  city. 

Art.  3011.  That  whenever  any  new  sytem  suitable  New  systems, 
for  this  city  shall  be  discovered  or  introduced  by  which 
the  use  of  poles  for  the  purpose  set  forth  in  this  ordi- 
nance may  be  dispensed  with,  the  City  Council  shall 
have  the  right  of  ordering  the  said  poles  removed  and 
the  new  sytem  adopted  ;  also,  that  the  said  grantees  may 
at  any  time  adopt  any  such  new  system  with  the  consent 
of  the  City  Council. 

Art.  3012.  That  all  ordinances  and  parts  of  ordi-  Repealing 
nances  in  conflict  with  the  provisions  of  this  ordinance  '^  ^"*^"  ib. 
be  and  the  same  are  hereby  repealed. 

great  southern  telephone  and  telegraph  company. 

Art.  3013.  That  Ordinance  No.  9314,  adopted  June 
5,  1894,  and  approved  June  7,  1894,  be  amended  and 
re-enacted  so  as  to  read  as  follows,  to-wit : 

Art.  3014.  That  the  Mayor  be  and  he  is  hereby  au- 
thorized  and  directed  to  enter  into  a  notarial  contract 


1128  TELEGRAPH   COMPANIES. 

Contract  with  with  the  Great  Southern  Telephone  and  Telegraph  Com- 
*oVci.  No.  9600,  pany  for  the  erection   and   maintenance  of  a  system  of 

*Aug.  28, 1894.  telephonic  communication  with  the  various  engine  houses 
constituting  the  Fire  Department  of  the  city  of  New  Or- 
leans and  the  Fire  Alarm  office  in  the  City  Hall,  as  well 
as  a  general  communication  with  the  trunk  lines  to  the 
Central  Telephone  Exchange,  and  with  the  general  sub- 
scription of  the  city  of  New  Orleans,  limited  to  forty 
(40)  stations.  The  said  contract  to  be  for  and  in  con- 
sideration of  the  sum  of  three  thousand  dollars  per  an- 
num, and  to  date  from  January  1,  1895,  and  to  continue 
in  force  for  a  period  of  five  (5)  years  from  said  date.  It 
is  agreed  and  understood  that  any  equipment  in  excess 
of  the  forty  stations  above  specified  shall  be  charged  for 
in  the  same  proportion,  and  it  is  further  agreed  and  un- 
derstood that  the  Great  Southern  Telephone  and  Tele- 
graph Company  shall  immediately  and  without  delay 
proceed  to  erect  and  place  said  engine  houses  in  tele- 
phonic communication  as  above  described,  and  that  no 
charge  therefor  shall  be  made  to  the  city  of  New  Orleans 
for  the  said  service  for  the  balance  of  the  year  1894. 

A.    p.    MOSS,    G.    B.    PENROSE  AND   OTHERS. 

Franchise.         Art.  3015.  (1)  That  A.  P.  Moss,  G.  B.  Penrose,  W. 

May^'i',°i'i9s! P.  Richardson  and  J.  W.  Stone,  their  associates,  suc- 
cessors and  assigns,  hereinafter  referred  to  as  grantees, 
are  hereby  authorized  to  construct,  maintain  and  oper- 
ate, for  the  term  and  period  of  twenty-five  years  from 
and  after  the  passage  of  this  ordinance,  a  telephone  ex- 
change in  the  city  of  New  Orleans,  and  in  connection 
therewith  a  line  or  lines  of  telephone  wires  in,  over, 
under  and  through  the  streets,  sidewalks,  alleys,  public 
places,  etc.,  of  said  city,  said  line  or  lines  to  be  con- 
structed along  such  streets  and  places  and  in  such  man- 
ner as  to  the  kind  and  position  of  poles,  the  height  of 
wires  above  the  ground  and  all  other  particulars  as  the 
Commissioner  of  Public  Works,  Commissioner  of  Police 
and  Public  Buildings  and  the  City  Engineer,  or  any 
two  of  them,  may  direct,  subject  to  the  provisions  of 
this  ordinance ;  provided,  said  grantees  shall  have  the 


TELEGRAPH   COMPANIES. 


1129 


right  at  any  time  to  place  and  locate  their  wires,  lines 
and  cables  under  ground  in  and  through  said  streets, 
sidewalks,  alleys,  public  places,  etc.,  in  tubes  or  con- 
duits, or  in  such  other  manner  as  may  be  approved  by 
said  Commissioners  and  Engineer,  or  any  two  of  them. 

Art.  3016.  That  the  poles  used  for  supporting  the  Poiesand 
wires  of  said  system  shall  be  of  such  height  that  the  '^"^^'  ib. 
lowest  wires  shall  not  be  less  than  thirty  feet  above  the 
■curbstone ;  that  they  shall  be  straight  and  have  a 
smooth,  plain  surface,  and  shall  be  painted  of  a  uni- 
form color  (so  as  to  distinguish  the  lines  of  said  grantees 
from  the  poles  of  other  owners  or  companies)  from 
the  ground  fifteen  feet  upward,  and  shall  have  letters 
painted  or  branded  upon  them,  designating  the  owner  or 
owners  thereof;  that  they  shall  be  inserted  into  the 
earth  not  less  than  five  feet  from  the  top  of  the  curb- 
stone ;  that  each  pole  shall  measure,  at  a  point  six  feet 
above  the  surface  of  the  curbstone,  not  less  than  twelve 
inches  in  diameter,  and  that  they  shall  be  placed  upon 
the  sidewalk  nearest  to,  and  on  the  inner  surface  of, 
the  curbstone,  and  shall  be  taken  down  and  replaced 
whenever  found  dangerous  from  decay,  splits  or  breaks.  , 

The  said  grantees  shall  be  required  to  keep  two  4^4 
inch  gains  open  two  feet  apart  at  the  top  of  each  pole, 
for  the  purpose  of  receiving  cross-arms  for  the  wires  of 
the  Fire  Alarm  and  Police  Departments. 

Art.  3017.  (3)  That  said  grantees,  or  the  corporation  service, 
to  be  founded  by  them,  shall  furnish  telephones  and  all 
proper  apparatus  and  devices  for  telephonic  service  to 
persons  desiring  to  subscribe  for  the  same,  and  that  the 
charges  to  subscribers  for  furnishing  telephones  for 
their  use  and  for  service  in  connection  therewith  shall 
not  exceed  the  following  rates  per  annum,  viz.  : 

Within  two  miles  of  the  telephone  exchange,  for  each  charges, 
telephone,  the  yearly  charge  shall  not  exceed  $48  for 
places  used  for  business  purposes ;  nor  $36  for  private 
residences,  and  for  points  exceeding  the  two-mile  limit, 
within  the  city  proper,  and  in  the  Fifth  Municipal  Dis- 
trict, $65.  For  suburban  points  at  prices  as  may  be 
contracted  for.  Grantees  have  the  right  to  establish 
public  pay  stations. 


Ib. 


1130  TELEGRAPH   COMPANIES. 

Property  of     Art.  3018.  (4)  That  nothing  in  this   grant   or   ordi- 
panies.  nRHce  shall  be  construed  as  giving  to  the  grantees  herein 

'named,  their  successors  or  assigns,  the  right  to  permit 
the  use  of  their  poles  for  wires  of  telegraph,  telephone, 
electric  light,  electrical  or  other  appliances,  belonging 
to  any  other  person  or  company  except  by  and  with  the 
consent  of  the  Council. 
To  organize     Art.  3019.  (5)   That   said   grantees   shall   have  the 

corporation.  .  .  •  t   •    i         i 

lb.  right  to  form  and  organize  a  corporation  which  shall 
acquire  the  rights  and  privileges  herein  granted,  and 
shall  operate  under  this  ordinance,  but  neither  said 
grantees  nor  said  corporation  shall  assign  the  privileges 
herein  granted  to  any  company  or  person  without  the 
consent  of  the  City  Council. 
City  not  re-     Art.  3020.  (6)  That  nothing  contained  in  this  grant 

sponsible.  " 

lb.  and  privilege  is  intended  to  be  construed  as  binding  the 
city  of  New  Orleans,  or  making  it  responsible  to  any 
person  or  persons  for  any  loss,  damage  or  injury  which 
might  arise  should  said  company  or  its  assigns  be  in 
any  manner  interfered  with  or  deprived  of  any  of  its 
rights  from  any  cause  whatsoever;  and,  in  case  there  is 
t  any   injury  to    any  person   or    corporation,    the    said 

grantees,  their  successors  and  assigns,  are  to  hold  the 
city  harmless,  and  to  arrange  and  settle  all  such  in- 
juries. 

Newsystems.  Art.  3021.  That  whenever  any  new  system,  suitable 
for  this  city,  shall  be  discovered  or  introduced  by  which 
the  use  of  poles  for  the  purposes  set  forth  in  this  ordinance 
may  be  dispensed  with,  the  city  shall  have  the  right  of 
ordering  the  said  poles  removed  and  the  new  system 
adopted;  also,  that  the  said  grantees  may  at  any  time 
adopt  any  such  new  system  with  the  consent  of  the  City 
Council. 

Taxes.  Art.  3022.  That  nothing  herein  shall  be  taken  orcon- 

Ib.     .  .  "^ 

sidered  as  in  any  manner   exempting   or  releasing   said 
grantees  from   the   payment  of   any  tax  or  license  now 
provided  for  by  the  ordinances  of  the  city. 
Furnish  city     Art.  3023.  That  the  said  grantees  shall  connect  their  ' 

free  of  charge. 

lb.  wires  with  the  Mayor's  office,  the  office  of  the   Chief  of 
Police,  City  Council  Chamber  and  the  Fire  Alarm  Tele- 


TELEGRAPH  COMPANIES.  1131 

graph  office  and  the  Coroner's  office,  and  shall  place, 
keep  and  operate  telephones  therein  free  of  charge  to 
the  city,  so  that  said  telephones  may  be  used  in  connec- 
tion with  all  wires  under  the  control  of  the  company. 

Art.  3024.  That  all  ordinances  and  parts  of  ordi-  Repealing 
nances  in  conflict  with  the  provisions  of  this  ordinance  '  ib. 
be  and  the  same  are  hereby  repealed. 

Ordinance  Xo.  10,637,  C.  S.,  repealed  by  Ordinance  Xo.  10,750, 
C.  S. 

Ordinance  Xo.  .5191,  C.  S.,  authorizes  the  substitution  of  higher 
poles  on  St.  Charles  avenue. 

For  Telephone  connection  with  Fire  Department,  see  Fire 
Department. 

DECISIOX.      • 

The  State  and  municipal  corporations  duly  authorized  can,  in 
the  exercise  of  the  rights  of  eminent  domain  and  of  police, 
empower  telephonic  companies  to  use  the  streets  and  sidewalks 
of  a  city  for  the  purpose  of  erecting  poles  and  other  works 
necessary  for  the  transmission  of  intelligence,  and  can  impose 
terms  and  conditions  for  the  enjoyment  of  the  privilege.    37  An.  63. 

ACTS  OF   LEGISLATURE. 

Ilight  of  way  given  to  telegraph  company.     Sec.  3760,  R.  S. 
Duty  of  company  to  transmit  certain  dispatches.    Sec.  3761,  R.  S. 
Penalty  for  injuring  lines  of  telegraph.     Sec.  3762,  R.  S. 
Penalty  for  failing  or  refusing  to  send  messages     Sec.  3763,  R.  S. 
Xot  to  transmit  messages  tending  to  defeat  the  ends  of  justice. 
Sec.  3764,  R.  S. 

REVISED  STATUTES. 

Sec.  3760.  Corporations    formed    under    the    laws     of    this    1855-109. 
State  for  the   purpose  of  transmitting  intelligence   by  magnetic    j^'f'\'o'j^ig^ 
telegraph  shall  have   the   right  of  way   over  all  lands  owned  by  gra  ph  com- 
the   State,  and  over  any  highways   or    navigable   waters,    but''^"'^^" 
shall  so  construct  their  works  as  not  to  interfere  with,  impede  or 
hinder  the  free  use  of  the  highways   or  navigable  waters,  or  the 
drainage  or  natural  servitudes  of  the  land  over  which  the  right 
of  way  may  be  exercised. 

Sec.  3761.  All  telegraph  companies  shall  be  bound,  on  appli-    Duty  of  tele- 
cation  of  any  officer  of  this  State,  or  of  the  United  States,  in  the  fane's  "to  trllTs- 
event  of  any  war,  insurrection  or  resistance  of  public  authority,  mit  certain  dis- 
or  whenever  it  may  be  necessary  for  the  prevention  of  crime,  or  ^^^"^  ^^' 
the  arrest  of  persons  accused  of  crime  or  fleeing  from  justice,  to 
give  their  communications  immediate  dispatch;  and  if  any  officer, 
clerk  or  operator  shall  refuse  or  intentionally  omit  to  transmit 


1132  TELEGRAPH    COMPANIES. 

such  communication,  or  shall  designedly  alter  or  falsify  the 
same  for  any  purpose  whatever,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
Pgjj^j  j^jj.  shall  be  fined  not  exceeding  one  thjousand  dollars  and  impris- 
failuretodo  so.  oned  not  longer  than  one  year.  It  shall  be  further  their  duty  to 
transmit  all  communications  which  are  not  immoral  or  contrary 
to  law  or  public  policy  that  are  presented  by  persons  offering  to 
pay  the  usual  rates  therefor,  and  in  the  order  in  which  the  appli- 
cations are  made. 

1855—190-  Sec.  3762.  Whoever  shall  unlawfully  and  intentionally  injure, 

injuring 'l^In  el  "^ol^st  or  destroy  any  line  of  telegraph,  the  lines,  posts,  abut- 
of  telegraph,  ments,  materials  or  property  belonging  thereto:  or  who  shall 
molest  or  interfere  with,  or  in  any  way  interrupt  the  use  or 
operation  of  any  line  of  telegraph,  or  part  thereof,  shall  on  con- 
viction be  punished  by  fine  not  exceeding  Ave  hundred  dollars. 
or  imprisonment  in  the  penitentiary  not  exceeding  one  year,  or 
both,  at  the  discretion  of  the  court. 
Telegraphs—  Sec.  3763.  Any  operator,  clerk,  director,  messenger,  or  other 
tailing  o  r  r  e  -  person*in  the  employ  of  any  telegraph  company,  having  an  office 
messfges".  ^^"^  ^^  Station  in  this  State,  who  shall  refuse  or  omit  to  send  or  de- 
liver any  dispatch  or  message  for  which  the  charges  or  fees  shall 
have  been  paid  or  offered  to  be  paid,  or  for  the  payment  of 
which  a  contract  shall  have  been  made;  or  cause  or  direct  to  be 
detained  or  delayed  such  dispatch  or  message  in  order  to  give 
precedence  to  a  message  or  dispatch  subsequently  brought  to  the 
office  or  station;  or  who  shall  in  any  way  give  precedence  of 
time  in  sending  or  delivering  any  dispatch  or  message  belonging 
to  a  director,  officer,  stockholder  of  such  company,  or  other  per- 
son, over  any  dispatch  or  message  previously  offered  for  trans- 
mission; or  who  shall  reveal,  make  use  of  or  make  public  any 
dispatch  or  message,  shall  on  conviction  be  fined  not  less  than 
fifty  nor  more  than  one  thousand  dollars,  one  half  to  the  Charity 
Hospital  of  Xew  Orleans,  and  the  other  half  for  the  use  of  the 
parish  in  which  the  offence  is  committed,  and  shall  be  answer- 
able in  damages  to  the  party  injured. 

For  any  subsequent  offence   the  person   so  offending  shall  also 
be  subject  to  imprisonment  in  the  parish  prison  for  a  period  not 
more  than  three  months. 
Not  to  trans-      Sec.  3764.  No   operator  or  agent  of  anj' telegraph  company 
tending ^to^^e-  Shall  be  permitted  to  transmit  any  message  which  can  in  any  way 
feat  the  ends  of  ^end  to  defeat  the  ends  of  justice,  by  preventing  the  apprehen- 
sion of  fugitives  from  justice,  or  by  communicating  such  infor- 
mation as  may  enable  persons  charged  with  offences  to  escape. 
Any  person  so  offending  shall  be  imprisoned  not  less  than  twelve 
months  nor  more  than   two   years,   at  hard  labor,  and  fined  no 
less  than  two  hundred  and  fifty  dollars  nor  more  than  five  hun- 
dred dollars. 


TREASURER,    CITY.  1133 


THEATRES— See  Amusements. 


TREAJ^URER,   CITY— See  Taxes  and  Licenses. 

Art.  3025.  That  the  Treasurer  is  hereby  designated  as    cuy  Hens  and 

,  mortg'ages. 

the  proper  officer  to  subrogate  the  city's  liens  and  mort-    a.  s.  4062. 
gages  as  per  act  ninety-six,  section  seventy-nine,  extra 
session  of  the  General  Assembly  of  1877. 

Art.  3026.  That  the  Treasurer  be  directed  to  make  out  Duty  of  Xreas- 
a   list   of   property   acquired   by  the  city  of   New   Or- ord.  No.  10,955, 
leans     by      sale     from     the     Civil     Sheriff    by     Act    juiyz,  1895. 
155    of    1894,    or    as    much    of  said   property  as  the 
Treasurer  may  deem  advisable  to   be  sold,  and  as  soon 
as  completed  to  turn  over  said  list  to  the  Comptroller  for 
advertisement  according  to  law. 

Art.  3027.  That  the  Comptroller,  upon  the  receipt  of  Duty  or  comp- 
said  list  from  the  City  Treasurer,  be  and  is  hereby  di-  "     ib. 

rected  either  to  sell  said  property  for  account  of  the 
city  of  New  Orleans  with  the  proviso  that  not  less  than 
the  amount  due  to  the  city  as  taxes  and  expenses,  in- 
cluding State  taxes  due,  shall  be  received  in  payment 
thereof,  or,  upon  the  advice  of  the  Mayor,'  Comptroller 
and  City  Treasurer,  that  the  Comptroller  be  directed  to 
send  up  a  list  of  so  much  of  said  property  as  may  be 
considered  as  revenue  producing  in  the  way  of  collection 
of  rents  to  the  City  Attorney  with  instructions  that  said 
officer  be  directed  to  take  such  measures  as  may  be  nec- 
essary to  enforce  the  collection  of  rents. 

Art.  3028.  This  ordinance  will  take  effect  from  and    Take  effect. 

lb. 

after  its  passage. 

Art.  3029.  That  in  all  cases  in  which  remission  of    cost?,  penal- 
ties, etc  ,  to  be 
interest  on  taxes  has  been  heretofore  or  shall  be  here- collected. 

Ord.  No.  S421, 

;if ter  granted  by  this  Council  on  any  property  sold  for  c.  s. 
city  taxes  and  adjudicated  to  the  city,  the  Treasurer 
shall  require,  in  addition  to  the  capital  of  said  tax,  the 
payment  of  all  costs  incurred  by  4;he  city  in  effecting 
said  sale,  and  one  dollar  for  each  redemption  certificate 
to  be  issued. 


1134  TOWERS,    CABLE. 

That  in  all  such  eases  the  twenty  per  cent,  redemption 
fee  shall  not  be  charged  unless  required  by  the  ordi- 
nance. 
Property  ad-      Art.  3030.  That  the  Treasurer  be  directed  to  make 

judicatedto  . 

city.  and  sign  the  necessary  deeds  for  all  property  already 

urer.  adjudicated  and  to  be  hereafter  adjudicated  to  the  city 

c. s.'     ■      'of  New  Orleans  at  city  tax  sales,  and  to  have  the  same 

T3.n     27    iSoi 

'  registered  in  the  Conveyance  office  of  this  parish ;  ex- 
penses to  be  paid  out  of  item  36  of  budget  of  1891. 

Act  56  OF  1894. 

To  vest  the  collection  of  Poll  Taxes  for  the  parish  of  Orleans  in 
the  Treasurer  of  the  city  of  New  Orleans. 

Vesting  the     SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
poU^  ux"in  the  Louisiana,  That  the  collection  of  poll  taxes  in  the  parish  of  Or- 
City  Treasurer,  leans,  together  with  all  the  processes,  commissions  and  obliga- 
tions incidental  thereto,  as  now  provided  by  law,  be  vested  in  the 
Treasurer  of  the  city  of  New  Orleans. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  all   laws  and  parts  of 
laws  in  conflict  herewith  be  and  the  same  are  hereby  repealed. 


TREES — See  Offences,  Railroads,  Streets,  Side- 

'      WALKS   AND   GUTTERS. 


TORPEDOES— See  Combustibles,  Etc. 


TOURO  ALMSHOUSE— See  Almshouses,  Etc. 


TOWERS,  CABLE. 
Maurice    J.      Art.  3031.  (1)  That  Maurice   J.  Hart,  his   heirs,  as- 
Franchise.     sigus   and   succcssors,  be  and   are   hereby  granted  the 
c.  s.'    "■  *''^^' right  for  the  space  of  fifty  years  to  erect   and   construct 
' '   ^*in  the  streets  and  on  other  public   property,  and  on  pri-j 
vate  property  with   the  owner's  consent,  within  the  dis- 
trict bounded  by  Delord  and   Esplanade  streets  and  the] 
river  and   Rampart  street,  a  system  of  towers  or  sup- 


TOWERS,    CABLE.  1135 

ports  for  the  purpose  of  carrying  all  wires  and  cables, 
whether  for  telephone,  electric  lights,  telegraph  or  other 
electrical  objects,  and  said  Hart,  his  heirs,  assigns  and 
successors,  shall,  at  all  times  during  said  fifty  years,  have 
the  right  to  extend  this  system  of  supports  and  towers 
through  any  and  all  parts  of  the  city. 

Art.   3032.  (2)  That     the   said   towers   or   supports  ^  Towers,  etc 

^     ■'  '■  '■  how  construct- 

shall  be  constructed  in  such  manner  as  to  offer  the  least  eti- 
possible   impediment  to  the   use  of  the  banquettes  or 
streets,  to  be  of  star  iron  work  of  the  lightest  character 
compatible  with  the  work  to  be  done,  and  to  have  cross- 
arms  of  wood  or  other  material  for  the  support  of  the 
Avire.     They  shall  be  kept  painted  and   present   a   neat   * 
appearance,  and  the   lower  wires   thereon   shall   not  be 
less  than  ten  feet  above  the  roof  of   the  buildings  near 
where  a  tower  is  located,  except  when  located  upon  neu-     , 
tral  grounds,  or   at  any  considerable  distance  from  the 
nearest  buildings. 

Art.  3033.  The  said  towers,  when  planted  or  located  Locations, 
at  the  corners  or  intersection  of  streets,  shall  have  their 
legs  or  angles  fixed  at  the  corners  or  angles  of  the  side- 
walks, unless  upon  advice  of  the  Commissioner  of  Public 
Works  other  positions  for  said  legs  or  angles  shall  be 
selected.  The  whole  of  the  said  construction  of  towers 
or  supports  shall  be  under  the  supervision  of  the  Com- 
missioner of  Public  Works. 

Art.  3034.  (3)  That  the  said  towers  or  supports  shall    Divided  into 
be  arranged  or  divided   into  sections,    each   section,    or^^*^"°"*' 
series  of  sections,  to  be  devoted  to  some  particular  class 
of  electric  wires ;  as  one  for  arc  lighting,  another  for 
incandescent   lighting,    another    for    telephone    wires, 
another  for  telegraph,  and  so  for  all  other  purposes  for 
which  wires  or  cables  or  other  electrical  conductors  may 
be  run ;  and  said  grantee,  M.  J.  Hart,  his  heirs,  assigns 
and  successors,    shall  have   and   are   hereby   given   the 
right   to    fix,    charge   and   collect   a  price   or   hire  not    charges  per 
exceeding  five  hundred  dollars  per  mile  for  a  horizontal""  *"' 
section  or  division  of  three  by  five  feet  upon  every  tower 
and  support  within  said  mile  for  occupation  by  not  more 
wires  or  cables  than  shall,  together,  be  of  the  weight  of 


1136  TOWERS,    CABLE. 

one  hundred  number  ten  wires,  American  measurement 
(say  Brown  &  Sharp's),  and  no  person  shall  claim  or 
demand  any  right  to  have  a  less  price  for  a  smaller 
space  or  less  weight. 
Trunk  lines.  Art.  3035.  (4)  That  there  shall  be  four  trunk  lines, 
respectively,  on  Rampart,  St.  Charles,  Magazine  and 
Tchoupitoulas    streets,    and  that   the   said  grantee,    his 

finished.  °    ^  heirs,  assigns  or  successors,  shall  begin  work  within  six 

months  from  the  passage  of  this  ordinance,    and  shall 

finish  the  same  as  required  hereby,    within   two  years 

from  the  adoption  of  this  ordinance. 

Removal  of     Art.  3036.  (5)  That  whenever,  in  the  course  of  con- 

poss.ec.  .  struction  or  erection  of  any  of  said  towers  or  supports, 
it  shall  be  found  necessary  to  remove  or  displace  any 
post,  pole,  awning,  sign,  support  or  other  thing  in  or 
upon  the  public  places,  banquettes  or  streets,  the  said 
grantee,  his  heirs,  agents,  assigns  and  successors,  shall 
have  the  right  to  remove  or  displace  any  post,  pole, 
awning,  sign,  support,  or  thing  or  things,  and  to  occupy 
the  place  or  places  from  which  said  removal  shall  have 
been  made. 
Byothercom-  Art.  3937.  (6)  That  whcucver  the  said  grantee,  his 
heirs,  assigns,  agents  or  successors,  shall  be  ready,  with 
any  of  their  said  towers  or  supports,  to  receive  wires 
running  through  the  street  or  streets  of  the  city,  and 
supported  by  poles,  posts,  or  other  supports,  it  shall  be 
the  duty  of  the  various  persons,  companies  or  corpora- 
tions owning  said  wires  and  posts  or  poles,  to  remove 
the  same  from  the  said  street  or  streets  and  sidewalks 
without  delay,  and  to  repair  and  put  back  in  order  the 
street  or  banquette  at  the  point  where  said  posts  or  poles 
have  stood ;  and  it  shall  be  the  duty  of  the  city  ofiicers 
to  enforce  this  section,  and  such  steps  shall  be  taken  by 
the  said  officers  and  such  ordinances  passed  by  the  city 
as  may  be  found  necessary  to  clear  the  street  and  ban- 
quettes of  said  posts  and  other  obstructions  or  poles  for 
electric  wires  other  than  the  towers  and  supports  to  be 
constructed  under  this  ordinance. 

Art.  3038.  (7)  That  whenever  any  of  said  towers  or 
supports,  shall  be  ready ~f or  wires,  all  persons  or  com- 


TOWERS,    CABLE,  11^ 

panics  having  telegraph,    telephone,    electric    light    or  wires  of  other 
other  electrical  wires  running  through  the  streets  of  the    be  placed 

°  ,  on    said  tow- 

city,  or  who  shall  desire  to  run  such  wires  through  the  ers. 
streets,  shall  run  them  upon  the  towers  and  supports 
constructed  pursuant  to  this  ordinance  ;  the  purpose  and 
intent  of  this  ordinance,  in  the  public  interest,  being  to 
keep  the  streets  free  of  obstructions,  to  provide  a  safe 
and  easily  inspected  and  maintained  system  of  supports, 
to  prevent  the  confusion  which  arises  from  the  separate 
control  of  several  distinct  and  different  systems  of  run- 
ning electric  wires  through  the  streets  and  to  protect 
life  and  property  from  danger  and  fire,  and  to  secure, 
without  cost  to  the  city  or  its  taxpayers  and  inhabitants, 
the  said  improved  and  easily  supervised  system. 

Art.  3039.  (8)  That  no  person  or  persons  shall  ^^1^*.';^  *'*=•► 
fasten  or  affix  any  lines,  ropes,  wire  or  other  material, 
or  attach  any  notice,  poster  or  sign,  electric  or  other 
light  to  said  towers  or  supports,  unless  by  the  consent 
of  the  said  Hart,  his  heirs,  assigns  and  successors,  nor 
shall  any  person  or  persons  deface  or  injure  any  part  of 
said  structures,  towers  or  supports,  and  any  person 
doing  any  act  in  violation  of  the  provisions  of  this  sec-  Penalty, 
tion  shall  be  subject  to  a  fine  of  twenty-five  dollars, 
or  in  default  of  same,  imprisonment  in  the  parish  jail 
for  thirty  days,  to  be  enforced  before  the  Recorders  of 
the  city  of  New  Orleans,  or  in  any  other  manner  per- 
mitted by  law. 

Art.  3040.  (9)  That  the  officers  of  the  city  of  New  p°""- 
Orleans  are  hereby  directed  and  required  to  enforce  all 
the  provisions  of  this  ordinance,  and  such  ordinances 
shall  be  passed  from  time  to  time  as  may  be  needed  for 
the  purpose  of  carrying  out  the  provisions  of  this  or- 
dinance, maintaining  the  rights  and  enforcing  the  obli- 
gations herein  granted  or  stated. 

Art.  3041.  (10)  That  in  consideration  of  the  fore-    Amounttobe 
going,  said  Hart,  his  heirs,  assigns  and  successors,  shall  ^  ' 
pay  to  the  city  of  New  Orleans  5  per  cent,  of  the  annual 
profits  derived  from  the  occupation  of  said  towers  by 
electric  wires ;  and  further,  he,    said  grantee,   his  heirs, 
assigns  and  successors,    shall    provide  a  pipe   of   suit- 


1138  TOWERS,    CABLE. 

Water  pipes,  able  size  to  be  permanently  fixed  and  run  upon  each 
of  the  towers  from  the  ground  upward,  to  be  used  as  a 
fire  pipe  or  hose,  said  pipe  to  be  fitted  for  attachment  to 
the  pumping  fire  engines  now  in  use  in  the  city,  and  to 
have  openings  at  various  distances  along  its  entire 
length,  each  opening  to  be  fitted  for  the  attachment  of 
hose  for  water  for  the  extinguishment  of  fires ;  and 
further,  said  grantee,  his  heirs,  assigns  and  successors, 
shall  at  all  times  allow  the  city  of  New  Orleans  to  run 
its  fire  alarm  and  other  wires  belonging  to  the  city  upon 
the  towers  or  supports  free  of  cost. 

Organiz  tion     Art.  3042.  (11)   That  the   said  grantee,    his    heirs, 

of  Stock  Co.  .  ^        ^       ^  1     ,1  1.  Ji       •    -u^    1. 

assigns  and  successors,  shall  have  the  right  to  organize 
a  stock  company  for  the  purpose  of  carrying  out  this 
Rights  of.  ordinance,  and  the  contract  to  be  entered  into  there- 
under, and  said  grantee,  his  heirs,  assigns  and  succes- 
sors, or  the  said  company,  shall  have  the  right  to  mortgage 
all  rights,  franchises  and  powers  or  property  obtained  by 
or  under  this  ordinance  for  the  purpose  of  constructing, 
running  and  managing  the  said  towers  and  supports  in 
the  business  therewith  connected. 

Art.  3043.  (12)  That  in  order  to  ascertain  the 
amount  of  profits  realized  by  the  grantees,  the  City 
Treasurer  shall  at  any  and  all  times  have  access  to  the 
books  of  said  grantee  or  his  successors  and  assigns,  and 
any  refusal  on  their  part  to  allow  such  access  to  said 
officer  will  be  sufficient  cause  to  operate  a  forfeiture  and 
cancellation  of  all  the  rights  and  privileges  granted  by 
this  ordinance. 

Art.  3044.  (13)  That  upon  signing  said  contract 
the  grantee  or  grantees  thereunder  shall  furnish  bonds 
with  good  and  solvent  security  to  the  satisfaction  of  the 
Mayor,  in  the  sum  of  $25,000,  conditioned  that  they 
shall  well  and  faithfully  carry  out  all  of  their  obliga- 
tions under  this  ordinance. 
City  held  Art.  3045  (14).  That  in  the  contract  to  be  executed 
*""  *^"  under  this  ordinance  and  by  the  bond  above  referred  to, 
the  grantee  or  grantees  shall  bind  themselves,  and  each 
of  them,  to  hold  the  city  of  New  Orleans  harmless  from 
any  action  which  may  be  brought  by  any   party  or 


VAGRANTS  AND  IDLE  PERSONS.  1139 

parties   to  be  affected  by  any  of  the  provisions  of  this 
ordinance. 

Art.  3046.  (15)  That  any  electric  light  company  other  com- 
which  may  now  have  or  in  the  future  obtain  from  the 
city  the  privilege  of  erecting  lights  or  lamps  shall  have 
the  full  right  to  place  the  same  on  any  of  said  towers 
upon  payment  of  an  annual  rental  not  to  exceed  five 
dollars  per  light  or  lamp. 

Art.  3047.  (16)  That  the  Mayor  be  and  is  hereby  ^^ayor  to  con- 
instructed  to  enter  into  notarial  contract  for  the  pur- 
poses of  carrying  out  and  executing  this  ordinance,  and 
that  all  ordinances  and  parts  of  ordinances  in  conflict 
with  the  provisions  of  this  ordinance  be  and  are  hereby 
repealed. 

Ordinance  Xo.  214.5,  C.  S.,  March  8,  1887. 

Ordinance  No.  3630,  C.  S.,  extend  time  for  completion  of 
towers,  two  years. 

Ordinance  No.  5222,  C.  S.,  permission  to  erect  tower  corner 
Poydras  and  Dryades  streets. 

Ordinance  No.  5223,  C.  S.,  fixing  time  for  completion  of 
towers. 

Ordinance  No.  6274,  C.  S.,  fixing  time  for  completion  of 
towers. 


TRUST  FUNDS— See  Almshouse,  Etc. 


VACANCIES. 

See  sections  54,  55,  56  and  57,  City  Charter. 


VACANT  HOUSES— See  Offences. 


VAGRANTS  AND  IDLE  PERSONS. 

See  House  of  Refuge. 

Art.  3048.  (1)  That  all  idle  persons  having  no  visible 
means  wherewith  to  support  and  maintain  themselves, 


1140  VAGRANTS  AND   IDLE   PERSONS. 

Definition,  aud  who  live  without  employment ;  all  persons  wandering 
Aug*,  1871'.  abroad  or  about  the  streets,  wharves,  landings,  public 
squares  or  places,  and  lodging  in  beer  houses,  market 
places,  sheds,  barns,  uninhabited  buildings,  or  in  the 
open  air,  and  not  able  to  satisfactorily  account  for  such 
act  and  conduct;  all  persons  who,  without  any  apparent 
means  of  honestly  earning  their  livelihood  and  sup- 
port, or  who  live  in  or  habitually  loiter  about  and  frequent 
houses  or  places  known  by  the  police  authorities  to  be 
harboring  places  for  and  resort  of  thieves,  burglars  and 
suspicious  characters ;  all  persons  who  shall  have  been 
officially  reported  to  the  police  authorities  of  the  police 
district  in  which  the  city  of  New  Orleans  is  included, 
by  the  police  authorities  of  any  other  State  or  city  in 
the  United  States,  as  a  notorious  thief  or  criminal,  and 
who  shall  remain  in  the  city  of  New  Orleans  without 
honest  employment,  without  some  honest  avocation, 
twenty-four  hours  after  the  police  authorities  shall  have 
notified  such  person  that  his  character  is  known  to  them  ; 
all  persons  who  follow  the  occupation  of  enticing 
strangers  and  other  persons  to  visit  gambling  houses  or 
to  gamble ;  all  ropers  and  cappers  and  such  persons  as 
are  commonly  known  as  pimps ;  all  persons  who  follow 
gambling  for  a  vocation  and  depend  on  gambling  games, 
or  furnishing  rooms,  tools  or  implements  for  playing 
games  as  a  means  of  subsistence  and  income ;  all  per- 
sons who  are  habitual  beggars  and  who  beg  on  the 
streets,  or  who  go  from  house  to  house  soliciting  alms, 
without  first  having  obtained  a  permit  therefor  from  the 
Police  to  make '^^y^'' ^^  the  city ;  all  habitual  drunkards  who  shall 
*"*^*'  lb.  abandon  their  families,  or  neglect  or  refuse  to  aid  in  the 
support  thereof,  and  who  shall  be  complained  of  by  any 
member  of  their  family,  shall  be  deemed  and  are  hereby 
declared  to  be  vagrants,  and  it  shall  be  the  duty  of  the 
members  and  officers  of  the  police  to  arrest  all  such 
persons  when  found  within  the  limits  of  the  city  of  New 
Orleans  and  bring  them  before  any  Recorder  holding 
his  court  within  the  city,  who  shall  hear  and  determine 
the  charge  and  accusation  made  against  such  person 
without  unreasonable  delay,  and  if  he  shall  find  the  ac- 
cused to  be  guilty  and  a  vagrant  according  to  the  provi- 


VAGRANTS  AND  IDLE  PERSONS. 


1141 


sions  of  this  ordinance,  such  Recorder  shall  impose  on  Penalty, 
such  vagrant  a  fine  not  exceeding  one  hundred  dollars, 
and  in  default  of  payment  of  such  fine  and  all  the  costs, 
may  commit  such  vagrant  to  the  workhouse  for  a  term 
of  imprisonment  not  exceeding  one  calendar  month, 
without  fine,  as  in  his  discretion  shall  best  subserve  the 
ends  of  justice. 

Art.  3049.   (2)  That  all  persons  who    shall,  within 
the  limits  of  the  city  of  New  Orleans,  establish,  maintain    Harboring 
or  keep  any  tavern,  boarding  house,  grocery  house,  grog  t  h  i  c  v  e  s  and 
shop,  as  a  resort  for  thieves,  burglars  or  notorious  crim-  '    tb, 

inals,  knowing  such  persons  to  be  reported  thieves, 
burglars  and  criminals,  or  vagrants  without  any  ap- 
parent honest  vocation,  business  or  means  of  support, 
and  all  persons  keeping,  establishing  or  maintaining 
any  place  or  places  known  to  be  the  resort  of  thieves, 
burglars,  criminals,  or  persons  by  the  first  section  of  this 
ordinance  declared  to  be  vagrants,  may  be  arrested  and 
brought  before  any  Recorder  in  the  city,  and  upon  con- 
viction shall  be  fined  the  sum  of  $300,  and  in  default 
of  payment  of  fine  shall  be  committed  to  the  workhouse 
for  a  term  not  exceeding  one  calendar  month,  and  upon 
a  second  conviction,  under  this  section,  it  shall  be  the 
duty  of  the  Recorder  to  commit  the  offender  to  the  work- 
house for  the  full  term  of  one  calendar  month,  which 
punishment  shall  be  repeated  on  each  subsequent  con- 
viction of  such  offender. 


Penalty. 


JUVENILE   VAGRANTS. 

Art.  3050.  (1)  All  children  found  pilfering;  all 
children  found  begging  within  the  limits  of  the  city ; 
all  children  found  gathering  waste  merchandise,  lost  or 
refuse  articles,  unless  the  same  be  the  property  of  their 
guardians,  employers  or  parents ;  all  children  engaged 
in  any  occupation  dangerous  to  their  morals,  or  of  a 
tendency  to  produce  habits  of  idleness  and  vice ;  all 
children  who  are  left  in  idleness  and  attend  no  school ; 
all  children  who  are  left  without  education  and  learn  no 
honest  trade  and  occupation ;  all  children  abandoned  to 
themselve«,  or  who  are  not  provided  for  by  their  parents 


Definition. 
Nov.,  1851. 


1142  VAGRANTS  AND  IDLE  PERSONS. 

with  the  protection  and  care  which  the  law  requires, 
shall  be  deemed  juvenile  vagrants,  and  shall  be  brought 
before  the  Mayor  or  Recorder,  or  any  other  competent 
court,  and  shall  be  disposed  of  according  to  the  laws 
establishing  houses  of  juvenile  delinquents  and  vagrants. 
Punishment  of     Art.   3051.  (2)  lu  cvcry  case  where  a  child  shall 

^^"ams.^  ""  *  become  a  vagrant,  or  fall  within  the  description  con- 
tained in  the  several  classes  of  the  preceding  article,  in 
consequence  of  the  act  or  neglect  of  the  parent  or 
guardian,  such  parent  or  guardian  shall  be  subject  to  a 
fine  of  one  hundred  dollars  for  each  offence  5  and  in  case 
the  said  parent  or  guardian  shall  neglect  or  refuse  to 
pay  said  fine,  he  or  she  shall  be  imprisoned  until  said 
fine  be  paidj  provided,  that  said  imprisonment  shall  not 
exceed  one  month. 

Duty  of  po-  Art.  3052.  (3)  Every  policeman,  whenever  any  vio- 
'"^^"  ib.lation  of  this  ordinance  shall  come  within  or  is  brought 

to  his  knowledge,  shall  immediately  arrest  the  offend- 
ing child,  parent  or  guardian,  and  bring  him  before  the 
proper  authority,  to  be  dealt  with  according  to  law. 

Duty  of  City     Art.  3053.   (4)  In   all  cases  arising  under  this  ordi- 

ttorney.  ^^auce,  whcuever  the  intervention  of  any  of  the  district 
courts  shall  be  deemed  necessary  by  the  Recorders  or 
Mayor,  in  order  to  enforce  this  ordinance  or  deprive  an 
unworthy  parent  of  the  keeping  or  tutorship  of  a  child, 
or  to  cause  a  child  to  be  committed  by  a  district  court 
to  the  care  of  the  House  of  Refuge,  it  shall  be  the  duty 
of  the  Attorney  of  the  city,  whenever  required  by  either 
of  the  said  magistrates,  to  institute  and  prosecute  the 
necessary  proceedings  or  defend  the  case. 

IDLE   PERSONS. 

"To  move  on"  Art.  3054.  (1)  That  cvcry  pcrsou  being  able,  either 
M*ay',  1^87^.'  wholly  or  in  part,  to  maintain  himself  or  herself  or  his 
or  her  family,  by  work  or  by  other  means,  and  wilfully 
refusing  or  neglecting  so  to  do ;  every  idle  person  who, 
not  having  visible  means  to  maintain  himself  or  herself, 
lives  without  employment;  every  person  who  (after 
having  been  directed  by  any  officer  or  member  of  the 
police  force  to  move  away  therefrom)  shall  remain  or 


VAGRANTS   AND  IDLE   PERSONS. 


1143 


loiter  in  front  of  or  in  the  neighborhood  of  any  church  Not  to  loiter 

"  "  .  in  f  r  o  n  t  of 

or   other  place  of  public  worship,   during  the    service    theatres  and 

therein,  or  while  the  members  of  its  congregation  are 

repairing  to  or  returning  from  said  church   or  other 

place  of  public  worship  ;  every  person  who  (after  having 

been  directed  by  any   officer  or  member  of  the  police 

force  to  move  away  therefrom)  shall  remain  or  loiter  in 

front  of  or  in  the  neighborhood  of  any  theatre,  concert 

hall,  ball-room,  or  other  place  of    public  amusement, 

during  the  time  that  such  places  shall  remain  open  to 

the  public,   or  while  the  public  are  repairing  thereto  or 

returning  therefrom;  every  person  who  (after  having 

been   directed  by  any  officer  or  member  of  the  police    Definition  of 

•'  "^  ^  idle  and   dis- 

force  to  move  away  therefrom)  shall  remain  or  loiter  in  orderly  persona 
front  of  or  in  the  neighborhood  of  any  coffee-house, 
barroom  or  beer  saloon  situated  within  the  limits  of  the 
city  of  New  Orleans;  every  person  who  shall,  without 
legitimate  business  thereat,  remain,  loiter  or  idle  his 
time  on  the  sidewalks  or  public  streets  within  the  limits 
of  the  city  of  New  Orleans  between  the  hours  of  10 
A.  M.  and  12  p.  m.  (after  having  been  notified  to  move 
therefrom  by  any  officer  or  member  of  the  police  force)  ; 
every  common  prostitute  wandering  in  the  public  streets 
or  public  highways,  or  in  any  place  of  public  resort, 
and  behaving  in  a  riotous  or  indecent  manner ;  every 
habitual  drunkard  who  shall  abandon  his  or  her  family, 
or  shall  refuse  or  neglect  to  aid  in  the  support  of  his  or 
her  family,  shall  be  deemed  an  idle  and  disorderly  per- 
son within  the  true  meaning  and  intent  of  this  ordi- 
nance ;  and  it  shall  be  lawful  for  any  Recorder  or  Jus- 
tice of  the  Peace,  vested  with  criminal  jurisdiction 
(such  offenders  being  thereof  convicted  before  him  by 
his  own  view,  or  by  the  confession  of  such  offender,  or  Penalty, 
by  the  evidence,  on  oath,  of  one  or  more  credible  wit- 
ness or  witnesses)  to  punish  such  offenders  by  imposing 
a  fine  of  not  less  than  ten  nor  more  than  twenty-five 
dollars,  or  in  default  of  the  payment  of  such  fine,  im- 
prisonment in  the  parish  prison  for  any  time  not  less  than 
ten  nor  more  than  thirty  days. 

Art.  3055.   (2)  That  every  person  wandering  abroad 


1144  VAGRANTS  AND  IDLE  PERSONS. 

Rogues  and  and  lodging  in  any  barn  or  outhouse,  or  in  any  deserted 
^^f  stsols.  or  unoccupied  building,  or  in  the  open  air,  or  under  a 
'^^' '  '^'  tent,  or  in  any  cart  or  wagon,  not  having  any  means  of 
subsistence,  and  not  giving  a  good  account  of  himself 
or  herself ;  every  person  wilfully  exposing  to  view  in 
any  street,  road,  highway  or  public  place,  or  selling  or 
offering  for  sale  any  obscene  print,  picture,  or  other  in- 
decent exhibition ;  every  person  wilfully,  openly,  lewdly 
and  obscenely  exposing  his  person  in  any  street,  road  or 
public  highway,  or  in  view  thereof,  or  in  any  place  of 
public  resort,  with  intent  to  insult  any  female ;  every 
person  wandering  abroad  and  endeavoring  by  the  expos- 
ure of  wounds  or  deformities  to  obtain  or  gather  alms  ; 
every  person  going  about  as  a  gatherer  or  collector  of 
alms,  or  endeavoring  to  procure  charitable  contributions 
of  any  nature  or  kind,  under  any  fraudulent  pretence ; 
every  person  playing  or  betting  in  any  street,  road,  high- 
way or  other  open  and  public  place,  at  or  with  any  table 
or  instrument  of  gaming,  at  any  game  or  pretended  game 
of  chance ;  any  person  found  armed  with  any  dangerous 
or  offensive  weapon  or  instrument  whatever,  with  intent 
to  break  or  enter  into  any  dwelling  house  or  other  build- 
ing whatsoever,  and  to  commit  any  felony  therein ;  or 
shall  be  found  having  in  his  possession,  without  lawful 
excuse  (the  proof  of  which  shall  lie  on  such  person), 
any  picklock,  key,  crow,  jack,  bit  or  other  instrument 
of  house  breaking ;  or  shall  be  found  by  night  having 
his  face  blackened  or  otherwise  disguised,  with  intent 
to  commit  any  felony ;  or  shall  be  found  by  night  in 
any  dwelling  house  or  other  building  whatsoever,  with 
probable  intent  to  commit  any  felony  therein;  every 
reputed  thief,  frequenting  any  river,  canal  or  navigable 
stream,  dock  or  basin,  within  the  city  of  New  Orleans, 
or  any  warehouse  near  or  adjoining  any  such  river,  canal 
or  navigable  stream,  dock  or  basin,  or  found  in  or  near^ 
any  hotel,  railroad  depot,  or  theatre  or  other  place  oi 
amusement,  or  any  place  of  public  resort,  or  any  avenu< 
leading  thereto,  or  any  street,  highway  or  place  adjacent 
with  probable  intent  to  commit  felony,  shall  be  deeme 
a  rogue  and   vagabond  within  the  true  intent  and  meau^ 


VAGRANTS  AND  IDLE  PERSONS.  H^l^ 

ing  of  this  ordinance ;  and  it  shall  be  lawful  for  any 
Recorder  or  Justice  of  the  Peace  vested  with  criminal 
jurisdiction  (such  offender  being  thereof  convicted  before 
him  by  his  own  view  or  by  the  confession  of  such  offen- 
der, or  by  the  evidence  on  oath  of  one  or  more  credible  p^'^'^^t- 
witness  or  witnesses)  to  punish  such  offenders  by  im- 
posing a  fine  of  not  less  than  ten  nor  more  than  twenty- 
five  dollars,  or  in  default  of  the  payment  of  such  fine,  to 
imprisonment  in  the  parish  prison  for  any  time  not  less 
than  ten  nor  more  than  thirty  days. 

Art.  3056.  (3)  That  it  be  and  it  is  hereby  made  the  Duty  of  po- 
duty  of  any  officer  or  member  of  the  police  force  to 
direct  every  person  to  move  away  from  in  front  of  or 
from  the  neighborhood  of  any  church  or  other  place  of 
public  worship,  during  the  service  therein,  or  while  the 
members  of  its  congregation  are  repairing  thereto  or 
therefrom  ;  it  is  further  made  the  duty  of  any  officer  or 
member  of  the  police  force  to  direct  every  person  to 
move  away  from  the  front  or  the  neighborhood  of  any 
theatre,  concert  hall,  ball-room  or  other  place  of  public 
amusement,  during  the  time  that  such  place  shall 
remain  open  for  the  public,  or  while  the  public  are  re- 
pairing thereto  or  therefrom  :  and  it  shall  be  the  further 
duty  of  any  officer  or  member  of  the  police  force  to 
direct  every  person  to  move  away  from  the  front  or  the 
neighborhood  of  any  coffee-house,  barroom  or  beer 
saloon  situated,  or  from  any  sidewalk  or  the  public 
streets  within  the  limits  of  the  city  of  New  Orleans ; 
and  in  case  any  officer  or  member  of  the  police  force 
shall  refuse  or  neglect  to  perform  any  of  the  duties  re-  Penally, 
quired  by  the  third  section  of  this  ordinance,  or  shall 
not  use  his  best  endeavors  to  apprehend  and  to  convey 
before  some  Recorder  or  Justice  of  the  Peace,  vested 
with  criminal  jurisdiction,  any  person  that  he  shall  find 
offending  against  any  of  the  provisions  of  this  ordi- 
nance, it  shall  be  deemed  a  neglect  of  duty  in  such  offi- 
cer or  member  of  the  police  force,  and  he  shall  (on 
conviction  thereof  before  the  said  Recorder  or  Justice 
of  the  Peace,  vested  with  criminal  jurisdiction,  by  the 
confession  of  such  officer  or  member  of  the  police  force ^, 


1146  VAGRANTS  AND  IDLE  PERSONS. 

or  by  the  evidence  on  oath,  of  one  or  more  credible  wit- 
ness or  witnesses)  be  punished  by  a  fine  of  not  less  than 
ten  nor  more  than  twenty-five  dollars,  or  in  default  of 
payment  of  such  fine,  by  imprisonment  in  the  parish 
prison  for  any  time  not  less  than  ten  nor  more  than 
thirty  days. 

KE VISED   STATUTES. 

i8ss— 130.  Sec.  3877.   All  idle  persons  who,  not  having  visible  means  to 

yagranu.°"  °  maintain  themselves,  live  without  employment;  all  persons  wan- 
dering abroad  and  lodging  in  groceries,  taverns,  beer  houses, 
market  places,  sheds,  barns,  uninhabited  buildings,  or  in  the 
open  air,  and  not  giving  a  good  account  of  themselves;  all  per- 
sons wandering  abroad  and  begging,  or  who  go  about  from  door 
to  door,  or  place  themselves  in  the  streets,  highways,  passages, 
or  other  public  places,  to  beg  or  receive  alms;  habitual  drunk- 
ards, who  shall  abandon,  neglect  or  refuse  to  aid  in  the  support 
of  their  families,  and  who  may  be  complained  of  by  their  fami- 
lies, shall  be  deemed  vagrants. 
Adult  va-  Sec.  3878.  It  shall  be  the  duty  of  any  Sheriff,  Constable, 
deaft  with  ^°^  Policeman,  or  other  peace  otiicer,  whenever£required  by  any 
person,  to  carry  such  vagrant  before  a  Justice  of  the  Peace  of 
any  parish,  or  before  any  one  of  the  Recorders  of  the  city  in 
which  he  shall  be,  for  the  purpose  of  examination;  and  if  the 
Justice  or  other  officer  be  satisfied  by  the  confession  of  the 
offender,  or  by  competent  testimony,  that  he  is  a  vagrant 
within  the  description  aforesaid,  he  shall  make  a  certificate  of 
the  same,  which  shall  be  filed  with  the  Clerk  of  the  court  of  the 
parish,  and  in  the  city  of  New  Orleans  the  certificate  shall  be 
filed  in  the  office  of  one  of  the  Recorders;  and  the  Justice  or 
other  officer  shall  issue  a  warrant  to  commit  such  vagrant,  if  in 
the  city  of  New  Orleans,  to  the  workhouse  of  the  city,  for  any 
time  not  exceeding  six  months,  there  to  be  kept  at  hard  labor; 
or  if  such  vagrant  be  a  proper  object  of  charity,  to  some  place 
of  refuge  to  be  provided  by  the  Common  Council  of  the  city ; 
and  if  in  any  of  the  parishes,  to  the  parish  jail  for  not  more  than 
six  months,  and  if  such  vagrant  be  a  proper  object  of  charity,  to 
such  place  of  refuge  as  shall  be  provided  by  the  parochial 
authorities. 
Juvenile  va-  Sec.  3879.  If  any  child  shall  be  found  begging  for  alms,  or 
t^\^d^'  **°^  soliciting  charity  from  door  to  door,  or  in  any  street,  highway  or 
public  place,  such  child  shall  be  deemed  a  vagrant,  and  any 
Justice  of  the  Peace  of  the  parish,  or  any  one  of  the  Recorders  or 
Aldermen  of  the  city  of  New  Orleans,  shall  commit  him  to  sucli 
place  of  refuge  as  may  be  provided  by  the  parochial  authorities, 
and  if  in  the  city  of  New  Orleans,  to  the  House  of  Refuge  of  the 


VEHICLES.  1147 

city ;  and  the  child  shall  be  there  detained,  kept  employed  and 
instructed  in  such  useful  labor  as  he  shall  be  able  to  perform, 
until  discharged  therefrom  under  the  rules  of  the  places  of 
refuge,  or  bound  out  as  an  apprentice  by  the  administrators 
of  such  places  of  refuge,  or  by  the  parochial  authorities. 

Sec.  3880.  All  persons  apprehended  with  any  picklock  or  other    who  shall  be 
instrument,  with  the  probable  intention  to  feloniously  break  and  bond's^'ind  sus- 
enter  any  dwelling  house,  or  with  any  offensive  weapon,  withP'cious  per- 
probable  intention  to  feloniously  assault  any  person,  or  who  shall  they'  slfa  1 1  °be 
be  found  in  any  dwelling  house,  outhouse,  store,  yard  or  garden,  dealt  with. 
with   probable   intent  to  steal,  shall  be  reputed  vagabonds  and 
suspicious  persons,  and  shall,  upon  conviction,  be  punished  with 
imprisonment,  with  or  without  hard  labor,  not  exceeding  three 
months. 

Sec.  3881.   All  persons  who  shall  be  convicted  a  second  time    Second  of- 
of  any  of  the  offences  mentioned  in  the  preceding  section  shall  [|°g|  ^°^  P"'^' 
be  condemned  to  imprisonment  at  hard  labor  for   not  more  than 
three  years  nor  less  than  six  months. 

Sec.  3882.   All  persons  hai-boring  vagrants  or  suspicious  per-     Penalty  for 
gons,  knowing  them  to  be  such,  shall,  upon   conviction,  be  lined '**'^*'?""8'  va- 

^  7  J-  7  grants. 

in  a  sum  not  exceeding  live  hundred  dollars  nor  less  than  one 
hundred  dollars. 


VEHICLES. 

Sec  Animals,  Drivers,  Funerals,  Offences,  Pounds, 
Streets,  Wharves. 

Art.  3057.  (1)  That,  as  a  police  regulatiou,  it  shall  Vehicles  to  be 
be  unlawful   hereafter  to   run  on  the   streets   any  cab,    Ord!  no^.  654, 
carriage,  cart,  dray,  float  or  other  vehicle  used   for  the   ApVii  .,1884. 
conveyance  of  passengers  or  freight,  excepting  horse  or 
steam  cars,  unless  such  vehicle  is  duly  numbered  ac- 
cording to  methods  already  in  operation  for  the  number- 
ing of  licensed   vehicles,  which   numbers    must   be    ob- 
tained and  registered  for  reference  at   the   office  of  the 
City  Treasurer,  who  is  hereby  authorized  and  instructed 
to  issue  same  to  applicants  upon  affidavit  that  said  num-  urer's  office!** 
ber  so  applied  for  is  for  a  vehicle  to  be  used  solely  and 
absolutely  in  the  prosecution  of  a  business  on  which  the 
applicant  already  pays  a  tax  or  is  licensed. 

Art.  3058.  Said  numbers  to  be  thereupon   issued  to  cost, 
applicant  and  recorded  at  an  expense  to  him  of  not  more 
than  fifty  cents  for  each  vehicle  so  numbered. 


1148  VEHICLES. 

Penalty.  Art.  3059.  (2)  Any  such  Vehicle  found  by  the  police 

running  unnumbered  shall  be  considered  in   contraven- 
tion and  liable  to  impounding,  and   any  driver  of   same 
shall  be  liable  to   arrest,  trial   and  punishment,  if   con- 
victed before  the  Recorder   having  jurisdiction,  by  fine 
not  exceeding  twenty-five   dollars,  or  by  imprisonment 
not  exceeding  thirty  days,  and  the  expense  of  impound- 
ing to  be  borne  by  the  party  in  contravention, 
^f'^othe'r  ?el'r?.     ^^T.  3060.  (1)  That  uo  pcrsou  shall  keep  attached  to 
A°sl'  ■^°'  ^^  ^'  ^^^^^  vehicles  any  license  plates  or  numbers  other  than 
Feb  ,  1877.     those  of  the  current  year.     Any  violation  of  this  ordi- 
nance will  subject  the  party  offending  to  a  fine  of  five 
dollars  for  each  offence.     This  ordinance  to  take  effect 
on  the  first  day  of  March,  1877. 
j^Defaced  num.     Art.  3061.  (11)   Whenever  the  number  of  any  dray, 
De?*'?8^*      ^^^'*''  ^^^'  coach,  hack  or  other  carriage  or  vehicle  shall 
be  erased  or  defaced  by  time  or  some  other  cause,  so 
that  it  can  not  be  distinctly  deciphered,  the  owner  of 
such   vehicle   aforesaid  shall  have   his   number   imme- 
diately reinstated ;  and  in  case  of  his  neglect  or  refusal 
so  to  do,  he  shall  pay  a  fine  of  from  ten  to  twenty-five 
dollars  for  each  and  every  contravention  of  this'  article, 
or  be  imprisoned  from  seven  to  fourteen  days. 
License^  piat^.     Art.  3062.  That  from  and  after  the  promulgation  of 
c-s.  'this  ordinance,  it  shall  be  the  duty  of  the  police  to 

Mar.  19,  1889.  •^  ^ 

arrest  and  impound  any  vehicle  that  the  license  plates  of 
which  are  not  attached  to  the  vehicle  in  a  permanent 
manner,  or  any  which  have  more  plates  attached  than 
those  necessary  to  cover  the  current  year's  license. 
Lamps.  Art.  3063.  (1)  That  every  public  carriage,  hack,  cab 

juiyi  1875.'  or  pleasure  vehicle  standing  for  hire  upon  the  streets  or. 
public  places,  and  every  omnibus  or  transfer  coach  shall 
have  lamps  upon  the  vehicle,  and  shall  keep  them  lighted 
when  employed  or  running  at  night ;  and  for  each  and 
every  contravention  of  this  ordinance  the  owner  or 
driver  of  said  vehicle  shall  be  fined  not  less  than  ten 
dollars  or  more  than  twenty-five  dollars,  and  in  default 
of  payment  of  said  fine  shall  be  committed  to  the  parish 
prison  for  not  less  than  five  nor  more  than  ten  days. 
Officer's  duty.     Art.  3064,  (2)  That  it  shall  be  the  duty  of  the  officer 


VEHICLES.  1149 

arresting  the  owner  or  driver  of  a  vehicle  violating  this 
ordinance  to  send  the  vehicle  and  the  animals  conduct- 
ing it  to  city  pounds. 

Art.  3065.  (16)  Carters,    draymen,    etc.,    shall   not,    Refusal  to 

,  ^        "^     ,  ,  ,  transport   mer- 

under  any  pretext  whatever,  when   unemployed,    refuse  chandise. 
to  transport  merchandise  and  any  other  articles   what-  s.      * 
ever,  on  payment  of  the  legal  dues,  under  a  penalty   of 
a  fine  of  five  dollars  for  each  contravention. 
Art.  3066.    (17)  It  shall  not  be  lawful  for  any  dray,    what  consti.- 

^        '  J  J  >  tutes  a  load. 

cart  or  other  vehicle  to  transport  in  any  of  the  streets  or  ib. 

other  roads  of  the  city,  at  one  time,  a  greater  load  of 
one  article  than  is  fixed  by  the  following  scale,  viz. : 

Five  bales  cotton. 

One  hogshead  tobacco. 

One  hogshead  or  five  barrels  of  sugar. 

Three  barrels  of   molasses. 

Ten  sacks  of  coffee. 

Five  barrels  of   pork,  or  other  salt  provisions. 

Eight  barrels  of  flour. 

Five  barrels  or  twenty  kegs  lard. 

Sixteen  sacks  corn. 

Ten  barrels  coal. 

Sixteen  kegs  nails. 

Two  casks  bacon. 

Eight  sacks  salt. 

Two  sacks  flaxseed. 

Ten  barrels  apples. 

Ten  barrels  potatoes. 

Eight  barrels  or  four  tierces  hams. 

Twenty  sacks  oats. 

Two  tierces  rice. 

Ten  coils  bale  rope. 

Twenty  pieces  bagging. 

Eight  barrels  loaf  sugar. 

Five  barrels  mackerel. 

Five  bales  hay. 

Ten  boxes  or  butts  of  tobacco. 

Five  barrels  of  tar. 

Five  barrels  rosin. 

One  pipe  brandy^ 


I 


o. 


1150  VEHICLES. 

Two  casks  wine  or  other  liquor. 
Four  barrels  whiskey  or  other  liquor. 
Twenty  pigs  lead. 
.  0rd.N0.831s,     Art.  3067.  One  (1000)  thousand  feet  of  lumber  shall 
Nov.  14, 1893.  constitute  a  load  for  one  mule  or  horse.     Twenty-five 
(2500)  hundred  feet  of  lumber  shall  constitute  a  load 
for  two  mules  or  horses.     Thirty -three  (3300)  hundred 
feet  of  lumber  shall  constitute  a  load  for  three  or  more 
mules  or  horses. 
Ord.  No.  1913,     When  hauled  by  tumbril,  or  on  timber  wheels,  the 
loads  shall  not  be  greater  than  the  following,  viz, : 
Sixteen  hundred  feet  pine  or  cypress  lumber. 
Twelve  bars  railroad  iron. 

Five  hundred  pounds  granite  or  marble,  or  other  arti- 
cles of  a  like  nature. 

With   the   further   privilege   of   hauling   on   a   dray 
drawn  by  one  animal  fifteen  hundred  pounds,  and  when 
drawn  by  two  animals  twenty-five  hundred  pounds. 
Penalty.  Art.  3068.  (19)  It  shall  be  lawful  for  any  person  to 

^^*  arrest  and  stop  any  dray,  cart,  wagon,   coach,  cab  or 
other  carriage  or  vehicle  found  in  contravention  or  viola- 
tion of  any  of  the  provisions  of  this  ordinance,  and  to 
conduct  the  same  to  the  office  of  the  Recorder  of  the  dis- 
trict wherein  such  carriage,  dray,  cart  or  other  vehicle 
may  be  found  in  contravention. 
Court  juris-     ^^'^'  ^^^^-  (21)  "^^^   ^^^^  imposed  by  the  present 
d><=t'<"'-       j^  ordinance   shall   be   recovered   before   any    Recorder's 
court,  justice  of  the  peace,  or  any  court  in  this  city  hav- 
ing jurisdiction  for  the  benefit  of  the  city, 
citv  carts.         Art.  3070.  (1)  That  the  carts  employed  otherwise  than 
Novi/fllj.     temporarily  by  the   Street  Commissioner,  the  City  Sur- 
veyor, or  by  the  contractors  for  cleaning  the  streets, 
shall  have  plates  affixed  on  each  side  of  them,  on  which 
shall  be  painted,  with  legible  letters,  the  words:  ''  City 
cart,"  under  a  penalty  of  $5  for  each  offence,  recover- 
able before  any  court  of  competent  jurisdiction,  for  the 
use  of  the  city ;  and  no  cart,  whilst  carrying  such  plates 
thereon,  shall  be  used  for  private  purposes,  under  a 
penalty  of  $10,  recoverable  as  aforesaid. 

Art.  3071.  (1)  That  from  jand  after  the  passage  of 


VEHICLES.  1151 

this  ordinance,  cabs,  hacks,  carriages  and  all  other  vehi-    To  keep  to 

1  IT  •       1  i-i  -t    •  ./.the  right  and 

cles,  public  or  private,  which  are  driven  on  any  part  of  left. 
Canal  street,  between  Claiborne  street  and  the  Metairie  sept.^^sys. 
ridge,  shall,  when  going  toward  the  river,  take  that  side 
of  said  Canal  street  which  is  in  the  First  District,  between 
the  neutral  ground  and  the  sidewalk,  and  when  going 
toward  the  Metairie  ridge  they  shall  take  that  side  of  said 
street  which  is  in  the  Second  District,  between  the 
neutral  ground  and  the  sidewalk. 

Art.  3072.  (2)  That  the  owner  or  driver  of  any  vehi- 
cle which  shall  be  driven  on  Canal  street,  between  Clai- 
borne street  and  the  Metairie  ridge,  in  contravention  of 
this  ordinance  shall  be  liable  to  a  fine  of  $10,  recoverable 
before  any  court  of  competent  jurisdiction. 

Art.  3073.  (3)  That  the  Administrator  of  Police  be  Penalty  sign 
and  is  hereby  authorized  and  instructed  to  have  placed  '  ib. 
on  Canal  street,  in  conspicuous  positions,  two  sign  boards 
on  Claiborne  street,  two  at  Broad  street,  two  at  Hagan 
avenue,  two  at  Carrollton  avenue  and  two  at  the  ceme- 
teries, notifying  persons  driving  on  Canal  street  of  the 
side  they  are  required  to  take,  and  the  penalty  for  every 
violation  of  this  ordinance. 

Art.  3074.  (1)  It  shall  not  be  lawful  for  any  person    Driving  oyer 
or  persons  to   ride  or  drive  over  the  bridge  across  the  "0^3!  ^jof*'' 
Bayou  St.  John,  nor  any  of  the  bridges  across  the  Canal    •'"'^' '  ^^' 
Carondelet,  or   any  other   canal,  at  a  faster  gait  than  a 
walk,  under  the  penalty  of   a   fine  of  not  less  than  five 
nor  mpre  than  twenty-five  dollars  for  each  offence,  re- 
coverable before  any  competent  court. 

Art.  3075.   (2)  That  copies  of  this  ordinance  shall  be    ordinance  to 
posted  on  the  most  conspicuous  places  on  said  bridges.  ^^  p^^'^^'^-    ^^^ 
It  shall  be  the  duty  of  the  keepers  of   said  bridges  to 
keep  the  same  so  posted,  under  a  penalty  of  five  dollars 
for  each  and  every  day  they  shall  neglect  so  to  do. 

Art.  3076.    (1)  That  it  shall  be  the  duty  of  all  the  Duty  of  PoHce. 
police  officers,  policemen   and  watchmen   to   arrest  all    Augi.^is'se. 
persons  who  may  violate  any  of  the  provisions  of   the 
ordinance   to  which  the  present  is   supplementary,  and 
take  such  person  or  persons  before  the  Recorder  of  the 
district  wherein   the   offence  may  be   committed ;  and, 


1152  VEHICLES. 

upon  due  proof  being  made,  such  offender  shall  be  eon 
demned  to  pay  the  fine  or  penalty  imposed  by  said  or- 
dinance. 

Duty  of  City     Art.  3077.  (2)  That  the  Surveyor  be  and  he  is  hereby 

lb.  instructed  to  cause  to  be  painted   in  large  letters,  on 

some   conspicuous   portion   of  said   bridge,  the  penalty 

for  fast  driving  over  said  bridges,  in   accordance   with 

said  ordinance. 

Stations  and     Art.  3078.  (1)  That  from  and  after  the  passage  of 

stands.  ^     '  r  o 

o.  s.  1722.      this  ordinance  the  stands  and  stations  for  public  cabs 

O.  S.  52JJ.  ^ 

July,  i8s4.  and  carriages  of  every  description,  for  the  First  District 
of  the  city  of  New  Orleans,  shall  be  as  follows :  on 
either  side  of  Lafayette  square,  comprising  Camp  and 
St,  Charles  streets ;  that  is  to  say,  to  stand  next  the  side- 
walk adjoining  said  square ;  on  either  side  of  St.  Charles 
street,  from  Poydras  to  Canal  street ;  on  the  south  side 
of  Gravier  street,  from  the  limits  of  the  corner  of  the 
St.  Charles  Hotel  to  its  extent,  it  being  understood  that 
the  said  cabs  and  other  public  vehicles  shall  not  be  so 
arranged  as  to  in  any  manner  impede  the  ingress  or 
egress  of  the  doorways  of  said  hotel,  or  to  in  any 
manner  impede  the  landing  of  passengers  from  either 
private  or  public  vehicles  who  are  about  to  let  out  or 
take  in  passengers;  provided,  that  any  owner  or 
occupant  of  any  store  or  dwelling  shall  make  no  objection 
to  any  public  vehicle  to  occupy  such  stand  in  front  of 
his  or  their  property  or  dwelling  as  aforesaid.  And  for 
any  violation  on  the  part  of  the  owner  or  owners,  or 
drivers  of  said  vehicle,  of  this  section  of  this  ordinance, 
he  or  they  shall  pay  a  fine  of  not  less  than  ten  dollars 
nor  more  than  twenty  for  each  offence,  recoverable 
before  the  Recorder  of  the  First  District,  and  in  default 
of  payment  shall  be  committed  to  prison  for  not  less 
than  ten  nor  more  than  thirty  days. 

Second  Dis-  Art.  3079.  (2)  The  stand  or  station  for  the  Second 
*"*^^"  lb.  District  of  the  city  of  New  Orleans,  for  the  public  cabs 

and  carriages,  shall  be  as  follows :  on  the  south  side  of 
Canal,  from  the  corner  of  Royal  street  to  the  sw8«mp, 
next  the  neutral  ground ;  on  the  north  side  of  St.  Louis, 
from  the  corner  of  Chartres  street,  in  the  front  of  the 


VEHICLES.  1153 

Ht.  Loui.s  p]xchange  Hotel;  also  on  either  side  and 
around  Jackson  Square,  next  the  sidewalk  adjoining 
said  square,  viz.  :  on  St.  Peter,  St.  Ann  and  Chartres 
streets ;  provided,  that  all  owners,  proprietors  of  hotels, 
storekeepers  and  occupants  of  private  dwellings  shall 
make  no  objection  to  any  owner  or  driver  of  any  cab  or 
carriage  to  occupy  said  stand  in  front  of  their  property 
as  aforesaid. 

Art.  3080.  (3)  The  stand  or  station  for  the  Third  Third  District 
District  of  the  city  of  New  Orleans,  for  public  cabs  and 
carriages,  shall  be  as  follows,  viz.  :  on  the  west  side  of 
Elysian  Fields  street,  from  Victory  to  Levee  streets ; 
provided,  said  cabs,  carriages,  etc.,  shall  not  prevent  the 
ingress  or  egress  to  and  from  all  buildings  on  the  street 
aforesaid ;  also  on  either  side  and  around  Washington 
Square,  next  the  sidewalk  on  said  square;  provided,  all 
proprietors  of  hotels,  storekeepers  and  owners  of  prop- 
erty or  tenants  shall  make  no  objection  to  any  driver  or 
owner  of  any  cab  or  carriage  to  occupy  a  stand  in  front 
of  said  property  as  aforesaid.     . 

Art.  3081.  (4)  All  owners  or  drivers  of  public  cabs    Penalty.     • 
or  carriages   who  shall  stop   or  stand,    or  attempt   to  ^^' 

stand,  other  than  for  the  immediate  purpose  of  letting 
out  or  taking  in  a  passenger  or  passengers,  other  than 
on  the  foregoing-named  places  in  the  first,  second  and 
third  sections  of  this  ordinance,  shall  be  liable  to  a 
penalty  of  not  less  than  twenty-five  dollars  for  each  and 
every  offence,  recoverable  before  any  court  of  compe- 
tent jurisdiction,  for  the  benefit  of  the  city. 

Art.  3082.  (.5)  It  shall  be  the  duty  of  all  owners  or  Positions  of 
drivers  of  public  cabs  and  carriages  to  leave  a  space  be-  ^  *"  ^'  ib. 
tween  each  intersection  or  crossing  of  any  street  or 
streets  on  which  they  are  permitted  to  stand,  of  at  least 
fifteen  feet  between  said  cab  and  the  crossing  or  inter- 
section of  said  stand  or  streets ;  and  further,  they  shall 
be  arranged  in  single  lines,  in  rotation,  and  in  case  of 
the  removal  of  any  cab  or  carriage,  the  next  following 
shall  be  entitled  to  occupy  said  vacancy  occurring  from 
said  removal ;  and  any  owner  or  driver  of  any  public 
cab  or  carriage  who  shall  violate  any  of  the  provisions 


1154  VEHICLES. 

of  this  section  of  the  ordinance  shaL  be  liable  to  a  fine 
of  twenty-five   dollars  for  each  offence,  recoverable  as 
aforesaid. 
To  remove      Art.  3083.  (7)  It  shall  be  the  duty  of  all  owners  or 

streets.  drivcrs  of  public  caft)S  or  carriages,  whenever  the   con- 

'  tractors  or  any  others  that  may  be  employed  to  clean, 
wash  or  scrape  any  street  or  streets,  or  gutters  on  which 
said  cabs  or  carriages  may  be  entitled  to  stand  or  oc- 
cupy, to  remove  the  same,  so  as  to  allow  said  work  to  be 
performed ;  and  any  owner  or  driver  of  such  cab 
or  carriage  who  shall  refuse  to  remove  or  in  any  man- 
ner impede  or  prevent  the  performance  of  said  work 
shall  be  liable  to  a  fine  of  twenty-five  dollars  for  each 
offence,  recoverable  as  aforesaid. 
Not  to  stand     Art.  3084.  (9)   It  shall  not   be  lawful  for  any  cab, 

R^oyai  streeu."'^  Or  Carriage,    dray,    cart  or  other   vehicle  to  stand  on 
Chartres   or   Royal   streets,    from   Canal  to   Esplanade 
street,  other  than  for  the  immediate  purpose  of  loading 
or   unloading,   even  with  the  consent  of  the  property 
holders  or  tenants  on  said  streets,  under  a  penalty  of 
not  less  than  twenty-five  dollars,  recoverable  as  afore- 
said. 
To  stand  on     Art,  3085.  (10)  Drays,  carts,  cabs,  carriages  or  other 
vehicles  shall,  with  the  consent  of  the  owners  or  tenants 
of  property,  be  allowed  to  stand  on  any  and  all  streets 
perpendicular  to  the  river,  provided  they  do  not  obstruct 
said   street   or  streets,   and  to  be  subject  to  the  same 
regulation  made  and   provided  as  in  section  7  of  this 
•  ordinance. 
Duty  of  Chief     Art.  3086.  (11)  It  shall  be  the  duty  of  the  Chief  of 

of  Police.  Police  to  see  that  all  the  provisions  of  the  foregoing 
ordinance  relating  to  the  duty  of  all  owners  or  drivers  of 
cabs,  carriages,  drays,  carts  and  other  vehicles,  as  far 
as  relates  to  him,  shall  be  strictly  enforced,  and  report 
any  infraction  of  the  same  to  the  Assistant  Attorney, 
who  shall  proceed  to  collect  such  fine  or  fines  as  may  be 
imposed  for  the  infraction  of  this  ordinance  as  aforesaid. 
Art.  3087.  ((3)  From  and  after  the  passage  of  this 
ordinance  it  shall  not  be  lawful  for  the  owner  or  owners 
of  any  cart,  dray,  wagon,   carriage  or  other  vehicle  to 


VEHICLHS.  1155 

suffer  the  same  to  remain  in  any  of  the  streets  or  public    Not  to  remain 

1  dl  e   o  n    t  h  e 

ways  of  the  city,  during  the  day  or  night,    unless  the  streets.^ 
same  shall  be  in  actual  use  at  the  time,  under  a  penalty    April' 1853. 

Amended    by 

of  three  dollars;  and  any  such  cart,  dray,  carriage  or ord. No. 3033. 
other  vehicle  shall  be  taken  by  the  Street  Commissioner 
or  his  deputies,  or  by  the  day  or  night  police,  to  the 
city  pound  of  the  district  where  so  found  in  contraven- 
tion, and  be  there  kept  for  three  days ;  and  should  the 
owner  or  owners  of  the  same  not  claim  and  pay  the  fines 
on  the  same  within  three  days  after  the  same  have  been 
impounded,  then  it  shall  be  the  duty  of  the  Street  Com- 
missioner to  advertise  and  sell  the  same  as  provided  for 
in  the  case  of  strays,  in  the  third  section  of  this  ordi- 
nance, and  it  shall  be  the  further  duty  of  the  police  to 
make  affidavit  against  the  owner  of  such  cab,  wagon, 
dray,  carriage  or  other  vehicle,  and  the  said  owner  or 
owners  shall,  upon  conviction,  be  fined  not  less  than 
five  nor  more  than  twenty-five  dollars,  or  in  default 
of  payment  to  imprisonment  not  exceeding  thirty  days 
by  the  Recorder  having  jurisdiction. 

Art.  3088.  That  each  and  every   cabman   or   driver    to  remove 

having  a  vehicle  or   vehicles  of   anv  description  what- °ord.  No.  3310, 

"  c  s 

ever,  for  hire,  located  upon  any  of  the  thoroughfares  of    001.30,1888. 

the   city,    as  authorized   by   Ordinances   Nos.  1722  and 

5222.  Old  Series,  be,  and  the  same  are  hereby  required 

to  reinovi-,  or  cause  to  be  removed,  all  offal  or  dropping 

created  by  the  animal  or  animals  attached  to  said  public 

vehicles,  twice  daily,   to-wit:  at  or  before  12  M.,  and  at 

or  prior  to  5  P.  M. 

Art.  3089.  Any  failure  upon  the  part  of  the  said  dri-  Penalty, 
vers  or  cabmen  to  conform  to  the  requirement  of  this 
ordinance  shall  subject  such  driver  or  cabman  so  offend- 
ing to  a  fine  not  greater  than  twenty-five  dollars  or  im- 
prisonment not  exceeding  thirty  days,  at  the  discretion 
of  the  Recorder  of  the  district  in  which  the  offence  was 
committed. 

Art.  3090.   (1)  That   it  shall   not  be  lawful  for  any  R^teot charges 
owner,  driver  or  person  having  charge  or  authority  over    p^b.',  1572. 
a  publi(?  hack,  carriage  or  cab  for  hire,  to  charge  more 
than  the  following  rates  for  the  same : 


u  n  r  i  8  e  to 


midnight. 


1156  VEHICLES. 

(rt)  For  carriages  drawn  by  two  horses,  any  distance 
not  exceeding  one  mile,  or  twelve  squares,  for  one  or  two 
persons,  one  dollar  each,  and  for  each  succeeding  mile 
or  less,  seventy-five  cents. 

(6)  For  every  such  carriage  hired  by  the  hour,  three 
dollars  for  the  first  hour,  and  two  dollars  for  each  suc- 
ceeding hour  or  fractional  part  thereof,  for  the  use  of 
the  entire  carriage. 

(c)  For  cabs  or  carriages  drawn  by  one  horse,  any 
distance  not  exceeding  one  mile  (or  twelve  squares),  for 
one  or  two  persons,  seventy-five  cents  each ;  and  for 
each  succeeding  mile  or  less,  fifty  cents. 

(d)  For  every  such  cab  or  carriage  hired  by  the  hour 
two  dollars  for  the  first  hour,  and  one  dollar  and  fifty 
cents  for  each  succeeding  hour  or  fractional  part  thereof, 
for  the  entire  cab  or  carriage. 

Art.  3091.  These  rates  shall  apply  from  sunrise  to 
i^-  midnight.  From  midnight  till  sunrise  the  price  shall  be 
fixed  by  agreement  mth  the  driver,  but  in  no  case  shall 
double  the  above  rates  be  exceeded;  provided,  how- 
ever, that  nothing  in  this  ordinance  shall  be  so  con- 
strued as  to  restrict  the  owner  or  driver  of  any  of  the 
vehicles  mentioned  from  contracting  at  a  greater  com- 
pensation than  the  rates  fixed  herein. 
Penalty.  Art.  3092.  (2)  That  any  owner  or  driver  of  a  vehicle 

Amended  by  fouud  violating  the  provisions  of  this  ordinance  shall  be 
c. s.      '       'subjected    to   a  fine  not  exceeding  twenty-five  dollars, 
recoverable  before  any  Recorder,  and  in  default  of  the 
payment,  be  imprisoned  not  exceeding  thirty  days. 
Topostordt-     Art.  3093.   (3)  That  all  owners  or  drivers  of  public 
lb.  vehicles  to  whom  this  ordinance  may  extend  are  required, 
under  a  penalty  of  twenty-five  dollars,  to  have  a  copy 
of  this  ordinance  conspicuously  posted  in  their  cab  or 
carriage,  and  in  default  of  the  payment  of  said  fine,  to 
be  imprisoned  not  exceeding  ten  days,  or  both,  at  "the 
option  of  the  Recorder. 
French  Mar-      Art.  3094.  (1)  That   it   shall   be   unlawful    for   any 
Ord.  No.  86,  vehicle,  cart  or  city  car  to  drive  at  a  faster  gait  than  a 
jan.-33,  i833.  walk  in  passing  in  front  of  the  French  Market   from 
Ursulines  to  St.   Ann  streets,  during  market  hours,  (5 


VEHICLES. 


1157 


A.  M.  to  12  M.,  and  any  one  violating*  the  same  shall  be    Penalty. 
fined  ten  dollars  or  ten  days  parish  pi-ison. 

VEHICLE  PLATES. 

Art.  3095.  (1)  That   all   persons   owning   carriages,    Position  of 

-,  ,  „     -,  „  -,.    ,     vehicle  plate. 

cabs,  carts,  dravs,  etc.,  be  compelled  to  pav  for  a  vehicle  ords.Nos.  797 

-,     \  "1  ,      •  ,   .    ,  "  .  .       and  1927,0   S. 

plate  and  place  the  same  upon  their  vehicle  in  a  conspic-    juiy,  29,  iS86. 
nous  position,  under   a   penalty   of  twenty-five  dollars      "^'* ' 
fine,  and  in  default  of  payment  to  imprisonment  for  ten    Penalty, 
days,  recoverable  before  any  court   of   competent  juris- 
diction ;  but  nothing  herein  contained  shall  be  construed 
as  applying  to  carriages  or  buggies  used  exclusively  for 
private  use.     All   acts  in  conflict  with  this  are   hereby 
repealed. 

PRIVATE   VEHICLES. 

Art.  3096.   (1)  That  every  privntc  cjii  riagc  hack,  cart  Lights, 
or  vehicle,  standing  upon  the  streets   or   public   places  c.  s. '*  "' 
after  dark,  shall  have  lamps  upon  the  vehicles  and  shall       '*''•''' 
keep  them  lighted  when  employed  or  running  at  night, 
and  for  each  and  every  contravention  of   this  ordinance 
the  owner  or  driver  of  said  vehicle  shall  be  fined  not  less 
than  ten  ($10)  dollars,  nor  more  than  twenty-five  ($25)    Pe^a'ty. 
dollars,  and  in  default  of  payment  of  said  fine  shall  be 
committed  to  the  parish  prison  for   not   less  than   five 
(5)  days  nor  more  than  ten  (10)  days,  at  the  discretion 
of  the  Recorder  of  the  district   wherein  the  offence  was 
committed. 

Art.  3097.  That  from  and  after  the  passasre  of  this  Poi'ow«nK  cars 

'  Ord.  N  o    7287 

ordinance  it  shall  be  unlawful  for  any  vehicle  to  follow  c.  s. 
in  the  tracks  of  any  street  railroad,  any  cars  of  said  rail- 
roads, electric  or  otherwise,  at  a  distance  less  than  thirty 
feet. 

Art.  3098.  That  any  vehicle  following  any  street  car    stops, 
at  a  distance  of  thirty  feet  shall  be  compelled  to  stop 
immediately   at   said  distance  whenever  said  street  car 
ahead  of  said  vehicle  shall  have  stopped. 

Art.  3099.  That  any  driver  of  any  vehicle  or  vehicles    Penalty, 
who  shall  violate  the  foregoing  provisions  of  this  ordi- 
nance shall  be  guilty  of  a  misdemeanor  and  subject  to  a 


1158  VEHICLES. 

fine  of  five  dollars,  nor  more  than  twenty-five  dollars,  or 
imprisonment   for  five  nor   more   than  thirty  days,  at 
the   discretion   of  the   Recorder  having  jurisdiction  of 
same. 
Repealing     Art.  3100.  That  all  ordinances  or  parts  of  ordinances 

clause. 

lb.  conflicting  with  the  provisions  of  this  ordinance  be  and 
the  same  are  hereby  repealed. 
Obstructing     Art.  3101.  That   during   the   various  parades  of  our 

carnival  p  r  o  • 

cessions.  Carnival  societies  it  shall  be  unlawful  for  anv  person  in 

Ord.  No.  4227,  " 

c.  s.  charge  of  a  vehicle  or  horse,  or  any  other  person  to  ob- 

struct the  line  of  route  from  curb  to  curb,  and  any  one 
so   offending   shall   be  punished  by  a  fine  of  not   less 
Penalty.        than   fivc   doUars,  or  more  than  twenty-five   dollars,  or 
imprisonment   for   a   term  of  not  less   than  one  day  or 
more  than  twenty  days,  at  the  discretion  of  the  Recorder 
of  the  district  in  which  the  offence  shall  be  committed ; 
and  it  is  hereby  made  the  duty  of  the  police  to  strictly 
enforce  the  provisions  of  this  ordinance. 
^United  States     Art.  3102.  That  on  and  after  the  passage  of  this  or- 
Ord.  ko.eyai.dinance  it  shall    be  unlawful  for  any  vehicle  or  vehicles 
Amended  by  to  travcrsc   Dccatur   street   from  Canal  to  Customhouse 

Ord.  No.  7022, 

c.  s.  street  on  days  when  the  said  court  shall  be  in  session. 

Art.  3103.  That  any  one  violating  the  provisions  of 
this  ordinance  shall  be  fined  the  sum  of  five  dollars,  or 
If-  in  default  of  same  ten  days'  imprisonment  for  each 
violation. 

Failure  to  Have  License  Plates,  See  Potinds. 

Use  of  Povdras  Street,  See  (Right  and  Left  Roadway) 
Streets. 

F'ast  Driving,  See  Drivers  and  Driving. 

Keep  to  the  Right,  See  Drivers  and  DriviiKj. 

DiTY  of  Driver  in  Case  of  Accident,  See  Drir.rs  <ni,i 
Driving. 

I^EAViN<i  THEIK  SEATS.  See  Drivers  and  Driving. 

Violence  ani>  Insulting  Language,  See  Dnvers  ai"i  Drir- 
ing. 

Minors  Driving,  See  Drinrs  mid  Dricing. 


Penalty. 


VIDANGEURS.  1159 


VESSELS — See  Wharfinger  and  Wharves. 

Mooring  in  Front  of  Pipes  of    Waterworks  Company. 

See  Watenooi'ks. 

Acts  of  1858,  No.  245.  p.  171. 
Acts  of  1859.  No.  136,  p.  106. 
Acts  of  1869,  No.  38,  p.  37. 


VIDANGEURS. 
Art.  8104.  Any  vidaiigeur,  agent  or  employee  of  a    Governing 

.  ,  ,1  1  1      n*^  the  conduct  of 

vidangeur,    or    any    other    person    who    shall    convey  vidangeurs. 
through   any  street  or  public  way  of  the  city  of  NewA.  s."*  **' 
Orleans,   any  excrement  not  thoroughly  deodorized,  as    A^meAde^^'by 
required  by  sections  3  and  4  of  Ordinance  4077,  Admin- as'.    ° 
istration  Series,   shall  be  liable  to  a  fine  not  exceeding 
twenty-five  dollars,  and  in  default  of  paying  such  fine, 
such  offender  shall  suffer  imprisonment  in  the  parish 
prison   not   exceeding   thirty   days.     Any   person   who 
shall   convey  through  such  street  or  public  way  other 
ordure,  foul   and  (or)  offensive  matter,  except  in  air- 
tight barrels,  so  as  not  to  be  offensive  to  smell  or  inju- 
rious to  health,  shall  be  subject  to  a  like  penalty,  and 
suffer  in  the  same  manner  as  prescribed  above. 

Art.  3105.  That  the  members  of  the  Board  of  Health    officers 

-I    •  /v.  T  1  T      1  1  charged   with 

and  its  agents,  officers  and  employees,  and  the  members  enforcement  ot 
of  the  Crescent  City  Police  and  the  Recorders  of  the  ib. 

several  districts  of  this  city  are  specially  charged  with 
the  enforcement  of  the  provisions  of  the  ordinance. 

Art.  3106.  No  person  or  persons  engaged  in  the  cleans-  Dumping  ©  f 
ing  and  removing  from  privies,  vaults,  etc.,  of  fecal  ^*^*  ""^  ^"^ib. 
matter  shall  dispose  of  or  dump  the  same,  except  from 
the  nuisance  wharves  established  by  the  City  Council ; 
provided,  that  parties  engaged  in  the  manufacture  of 
commercial  fertilizers  may  use  such  fecal  matters  by 
special  permit  and  under  regulations  prescribed  by  the 
Board  of  Health. 

Art.  3107.   The  emptying  of  privy  vaults  shall   be    Time  and 

lb. 


1160  VIDANGEURS. 

twenty-four  hours  previous  to  such  emptying  the  con- 
tents of  the  vaults  shall  be  thoroughly  deodorized  by 
means  of  copperas  and  carbolic  acid  or  other  agents  ap- 
proved by  the  Board  of  Health,  and  immediately  after- 
ward the  vault  shall  again  be  deodorized  with  lime  and 
carbolic  acid. 
B  y  odorless     Art.  3108.  No  privy  shall  be  emptied  otherwise  than 
apparatus.  ^^ -^^^  somc  odorlcss  apparatus,  approved  by  the  Board  of 
Health  and  the  City  Council,  and  the  solid  matter  shall 
be  placed  in  air-tight  barrels,  under  a  tent,  with  the  aid 
of  such  disinfecting  measures  as  may  be  approved  by 
the  Board  of  Health. 
Penalty.  Art.  3109.  No  privics  shall  be  emptied  without  aper- 

Ma?i^s8^!      in  it  from  the  Board  of  Health,  directed  to   the   owner, 
agent  or  tenant  of  the  premises,  under  a  penalty  not  ex- 
ceeding twenty-five  dollars. 
Disinfection.      Art.  3110.  Whcuever,  in  the   opinion   of  the   proper 
June,  1879.     officers  of  the  Board  of  Health,  any  privy  vault  may  re- 
quire disinfecting  or  deodorizing,  the  same  shall  be  done 
by  the  owner  or  tenant  of  the  premises   upon    an   order 
therefor,  within  thirty-six  hours. 
Dumping  o  f     Art.  3111.  No  pcrsou  or  persons  engaged  in  the  eleans- 
"*  ™'^""ib.  ing  and  removing   from   privies,    vaults,   etc.,    of  fecal 
ord"'No.^  2962^  matter  shall  dispose  of,  or  dump  the   same,    except   by 
^'  '  depositing  the  barrels  unopened  containing  such  matter 

in  barges  or  other  craft  moored  at  the  wharves  provided 
for  such  purposes,  same  to  be  towed  to  a  point  below 
the  city  limits  and  there  emptied  in  mid-stream,  barrels 
to  be  thoroughly  deodorized  before  being  returned  to 
the  point  of  departure;  provided,  that  parties  engaged 
in  the  manufacture  of  commercial  fertilizers  may  use 
such  fecal  matters  by  special  permit,  and  under  regula- 
tions prescribed  by  the  Board  of  Health. 
Peinspection.  Art.  3112.  In  all  cascs  of  permits  or  orders  issued 
■  for  the  abatement  of  nuisances,  the  Board  of  Health 
will  cause  reinspection  to  be  made  after  the  expiration 
of  the  time  allowed  for  compliance ;  and  no  person  con- 
cerned will  be  acquitted  of  the  order  until  satisfactory 
compliance  shall  have  been  made. 

Art.  3113.  That  it  shall  be  deemed,  and  it  is  hereby 


VIDANGEURS. 


1161 


Penalty. 


declared  to  be  an  offence  (in  districts  where  the  city  has  Boats, 
established  under  contract,  boats  for  the  carrying  off  of  c.  s.' 
fecal  or  other  niattei",  and  regulated  the  charges  to  be 
made  by  the  boats)  for  vidangeurs  or  other  persons  en- 
gaged in  the  business  of  removing  the  same  from  privies 
and  vaults  in  this  city,  to  discharge  the  same  into  boats, 
other  than  in  the  following  described  limits  in  which 
the  same  is  received,  viz.  :  from  the  lower  limits  of  the 
city  to  the  lower  side  of  Poydras  street ;  from  upper 
side  of  Poydras  street  to  lower  side  of  Jackson  street ; 
from  upj)er  side  of  Jackson  to  upper  limits  of  the  city. 

Arj\  0114.  That  any  pei-soii  violating  the  provisions 
<»f  this  ordinance  shall,  up'on  conviction  before  the 
Recorder  of  the  city  of  New  Orleans,  having  jurisdiction, 
be  subject  to  a  fine  or  imprisonment,  or  both,  or  to  im- 
prisonment in  default  of  the  payment  of  the  fine,  pro- 
vided that  the  fine  shall  not  exceed  twenty-five  dollars 
for  each  offence,  nor  the  imprisonment  more  than  thirty 
days. 

Art.  H115.  That  perndssiou  be  and  the  same  is  here-    Permission, 
by  granted  to  Messrs.  J.  J.  Keegan  and  R.  B.  Benton  to c.  s."    °'  ^  ^' 

^1  ,  •  -1  ,         .  ^^^  •         June  s,   i888. 

carry  on  the  excavating   or   vidangeur   business   within    Amended  by 
the  limits  of   the   city   of   New  Orleans,  provided  they  c.  s*.    °"  ^■^ '• 
comply  with  all  the  existing    laws  and  those  which  may 
Jiereafter  be  passed  pertaining  to  the  same. 

Art.  3116.  That  in  order  to  facilitate  the  said  Messrs.  wharf. 
Keegan  and  Benton  in  carrying  on  their  business,  as 
above,  that  permission  be  and  is  hereby  granted  to  them 
to  constru(5t  a  suitable  wharf  at  the  head,  or  prolonga- 
tion of  General  Taylor  street,  in  the  Sixth  District  of 
this  city,  according  to  plans  and  specifications  to  be 
prepared  by  the  C'ity  Surveyor,  and  the  construction  of 
B-dme  to  be  under  the  supervision  of  the  Commissioner 
/>f  Public  Works  and  City  Surveyor. 

Art,  3117.  That  the  said  Messrs.  Keegan  and  Benton    Bond, 
bind  themselves  in  a  bond  satisfactory  to  the  Mayor  that 
the  said  wharf  shall  not  be  used  for  any   other  purpose 
than  is  hereinbefore  stated  during   the   continuance   of . 
this  privilege,  and  that  all  fecal  matter  received  by  them 
in  their  said  business  shall  be  hauled  in   sealed   barrels 


1162  VIDANC4EURS. 

from  the  sinks  or  vaults  to  said  wharf  and  from  which 
they  shall  be  removed  daily  by  means  of  a  water-tight 
barge  to  a  point  below  the  limits  of  the  city  of  New  Or- 
leans, and  there  emptied  in  mid-stream.  The  said  wharf 
shall  be  kept  at  all  times  in  a  perfectly  clean  and  sani- 
tary condition,  to  the  satisfaction  of  Committee  No.  4, 
on  public  health,  etc.,  of  the  Council  and  the  State  Board 
of  Health. 
Water-tight     Art.  3118.  That  the   barge   used   in    removing   said 

barge.  , 

lb.  fecal  matter  in  their  business  shall  be  so  constructed 
as  to  be  water-tight  in  all  of  its  compartments  so  that 
in  case  of  the  bursting  of  a  barrel,  or  otherwise,  while  in 
transit  no  fecal  matter  will  be  discharged  into  the  river 
above  the  city  limits,  and  the  same  shall  be  thoroughly 
cleansed  by  washing,  to  the  satisfaction  of  the  officer 
in  charge. 
Consideration.      Art.  3119.  That  for  and  in  consideration  of  this  said 

lb. 

privilege,  the  said  Messrs.  Keegan  and  Benton  shall  pay, 
at  their  own  expense,  an  officer  who  shall  be  selected 
and  appointed  by  the  Mayor,  and  who  shall  be  commis- 
sioned as  a  police  officer  without  pay  from  the  city,  and 
whose  duty  it  shall  be  to  see  that  the  provisions  of  this 
ordinance  and  all  other  ordinances  or  laws  relative  to 
sanitation  in  connection  with  the  same  are  properly 
enforced. 
Duty  of  officer.  Art.  3120.  That  the  said  officer  so  appointed  shall  ac- 
'  company  said  boat  or  barge  on  its  daily  trips,  as  herein- 
before stated,  and  shall  see  that  the  same  is  properly 
cleansed,  as  well  as  all  barrels  therein  contained,  and 
shall  make  report  monthly  to  Committee  No.  4,  on 
public  health  of  the  Council,  of  all  matters  pertaining 
to  the  objects,  intent  and  purposes  of  this  ordinance. 
SouihernBoat  Art.  3121.  That  in  connection  herewith  the  Commis- 
sioner of  Public  Works  be  and  he  is  herebv  directed  to 
enforce  the  provisions  of  Ordinance  No.  5701,  C.  8., 
relative  to  the  removal  of  the  boat  house  formerly  owned 
and  occupied  by  the  Southern  Boat  or  Boating  Club, 
now  occupying  the  said  space  allotted  in  this  ordinance, 
as  before  stated,  in  contravention  to  the  provisions  of 
said  Ordinance  No.  2701,  C.  S. 


VIDANGEURS.  1163 

Art.  3122.  That  the  said  J.  J.  Keegan  and  R.  B.  Ben- 
ton shall  furnish  a  good  and  solvent  bond,  made  payable 
to  the  Mayor,  in  the  sum  of  one  thousand  dollars  ($1000) 
as  a  guarantee  that  the  privileges  herein  granted  will  be 
in  full  and  complete  operation  on  or  before  the  1st  day 
of  March,  1889. 

NUISANCE    WHARVES. 

Art.  3123.  (1)  That  in  accordance  with  Act  No.  14  of  vidangeurs. 
the  Legislature,  approved  March  23,  1877,  the  nuisance  Aprii,^?!??. 
wharves  are  hereafter  placed  at  the  disposal  of  all  persons 
engaged  in  the  business  of  '' vidangeur  "  under  the 
direction  of  the  Administrator  of  Improvements  ;  it  being 
well  understood  that  the  persons  using  said  boats  and 
wharves  shall  furnish  the  necessary  towage  as  required 
by  law. 

Art.  3124.  (2)  No  person  shall  keep,  throw  or  deposit    Keeping  or 

^     ''  ^  f^  '  r  throwing  any 

any  offal,  filth,  foul  or  offensive  matter,  corrupt  or  putrid  matter  offen- 

1      11        1  1-1  «.  siveto  smell  or 

matter,  or  any  shells,  hay,  straw,  kitchen    stuff,  paper,  injurious  to 

'  •  '  ./  '  7  J   I     f       ^  health   upon 

cloth,  vegetable  matter,  or  any  substance  whatever  that  any  yard,  lot, 

way,  etc. 

may  be  offensive  to  smell,  or  injurious  to  health,  or  liable  o-d.No.  6oaa, 
to  become  so,  in  any  yard,  lot,  space  or  building,  side- 
walk, gutter,  drain  or  canal,  or  shall  permit  the  same 
to  be  done  or  to  remain ;  provided,  that  ordinary  refuse 
and  sweepings  from  stores,  dwelling  houses  and  other 
tenements,  and  kitchen  offal  shall  be  deposited  in  tubs, 
boxes,  barrels  or  other  suitable  receptacles,  and  be  placed 
on  the  outside  of  the  banquettes  convenient  for  removal 
by  the  offal  carts;  and  provided,  that  from  the  15th  of 
March  to  the  15th  of  October,  of  each  year,  such  deposits 
shall  be  made  not  earlier  than  3  o'clock  a.  m.,  nor  later 
than  7  o'clock  a.  m.,  and  from  the  16th  of  October  to  the 
14th  of  March,  inclusive,  such  deposits  shall  be  made  not 
earlier  than  3  o'clock  a.  m.,  and  not  later  than  8  o'clock 
A.  M.,  and  the  receptacles  as  above  shall  not  be  left  on 
the  banquettes  later  than  half  past  9  a.  m.  throughout 
the  year.  All  persons  who  are  obligated  by  law  or  con- 
tract to  remove  or  cause  to  be  removed  all  such  matters, 
substances,  or  things,  shall  attend  to  these  duties  before 
the  hour  of  9  o'clock  a.  m.,  on  each  day  of  the  year. 


1164  VIDANGEURS. 

Administra-      Art.  3125.    (3)  The   Administrator   of  Police   shall. 

tor    of   Police 

to  cause  remo-  uDoii  complaiut  of  the  Board  of  Health,  remove  or  cause 

val  of  all  often  ««  . 

sive  matter.  to  DC  reiiioved  any  loul  or  ottensive  matters  whatever, 
to  such  place  or  places  as  may  be  selected  by  said  board , 
at  the  expense  of  the  owner  of  said  matter,  or  the  occu- 
pant or  owner  of  the  premises  where  the  same  may  be. 

Act  No.  84. 

To  authorize  and  regulate  the  cleaning  of  vaults  and  privies; 
providing  for  the  use  of  odorless  apparatus;  to  tix  the  limits 
of  rates  and  charges;  to  establish  penalties,  and  to  repeal 
all  laws  in  conflict  herewith,  and  to  repeal  and  to  revoke  all 
exclusive  privileges  heretofore  granted,  and  the  exclusive 
privileges  granted  to  the  New  Orleans  Sanitary  and  Exca- 
vating Company. 

Section  1.  Belt  therefore  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Louisiana^  in  General  Assembly 
convened.  That  it  shall  be  lawful  for  any  person  or  persons  to 
■engage  in  the  cleaning  of  vaults  or  privies  and  remove  all  fecal 
and  stercoraceous  matter  in  the  city  of  ]^ew  Orleans;  provided, 
application  be  made  and  permission  obtained  from  the  City 
Council  and  Board  of  Health  of  said  city,  who  shall  require  of 
the  applicant  or  applicants  good  and  solvent  security  in  the  sum 
of  five  hundred  dollars,  for  the  faithful  performance  of  his  or 
their  duties,  and  the  faithful  observance  of  the  laws  and  city 
ordinances  in  reference  to  the  subject. 

Sec.  2.  Be  it  farther  enacted,  etc..  That  it  shall  not  be  lawful 
for  any  person  or  persons  to  clean  and  remove  from  any  privy  or 
vault  the  fecal  and  stercoraceous  matter  deposited  therein  when 
in  a  liquid  state,  otherwise  than  by  some  odorless  apparatus. 

Sec.  3.  Be  it  farther  enacted,  etc..  That  the  City  Council  and 
Board  of  Health  shall  designate  the  odorless  apparatus  to  be 
used,  selecting  such  as  is  best  adapted  to  secure  the  objects  con- 
templated by  this  act. 

Sec.  4.  Be  it  further  eiiacted.  etc.,  That  the  person  or  persons 
engaged  in  the  cleaning  of  privies,  vaults,  etc.,  shall  be  entitled 
to  charge  for  the  cleaning  for  every  privy,  vault,  etc..  in  the  city  of 
New  Orleans  not  to  exceed  the  following  rates:  For  vaults  of 
houses  inhabited  by  two  or  four  persons,  viz. :  seven  dollars.  For 
vaults'of  houses  inhabited  by  Ave  or  ten  persons,  viz. :  ten  dol- 
lars. For  vaults  of  houses  inhabited  by  twelve  or  more  persons, 
viz. :  twelve  dollars.  For  vaults  of  houses  inhabited  by  keepers 
of  furnished  rooms  where  three  or  ten  roomers  are  accommo- 
dated, ten  dollars.  For  same  class  of  houses  where  more  than 
ten  roomers  are  accommodated,  fifteen  dollars.  For  vaults  of 
boarding  houses  where  more  than  five  persons  are  accommo- 
dated, ten  dollars.    For  vaults  of  boarding  houses  where  more 


WATERWORKS .  1165 

than  ten  persons  are  accommodated,  fifteen  dollars.  .  For  vaults 
of  boarding  liouses  where  more  than  twenty-tive  persons  are  ac- 
commodated, twenty-five  dollars.  For  vaults  of  hotels  of  more 
than  twenty-tive  rooms  shall  be  charged  at  the  rate  of  one 
dollar  for  each  and  every  room.  For  vaults  of  public  and  chari- 
table institutions,  tifty  dollars.  For  vaults  of  houses  used  for 
stores  or  any  mercantile  business,  twelve  dollars;  provided,  that 
this  section  shall  apply  only  to  corporations. 

Sec.  5.  Be  it  further  enacted,  etc..  That  no  person  or  persons 
engaged  in  the  cleaning  and  removing  from  privies,  vaults,  etc., 
fecal  matter  and  stercoraceous  matter  shall  dispose  of  or  dump 
the  fecal  and  stercoraceous  matter  taken  from  them,  except  in 
such  manner  and  places  as  the  Board  of  Health  and  City  Council 
or  any  law  of  the  State  may  direct,  and  any  violation  of  this  law- 
shall  be  considered  a  misdemeanor,  and  shall  subject  the  person 
or  persons  so  offending  to  a  fine  not  more  than  five  hundred  dol- 
lars, and  imprisonment  not  to  exceed  thirty  days  in  the  parish 
prison,  at  the  discretion  of  the  court. 

Sec.  6.  Be  it  further  enacted,  etc..  That  this  act  shall  take  effect 
from  and  after  the  passage  thereof,  and  that  all  laws  or  parts  of 
laws  in  conflict  therewith,  and  all  exclusive  privileges  granted  to 
the  New  Orleans  Sanitary  and  Excavating  Company  heretofore 
granted,  are  hereby  repealed  and  revoked. 


WALLS — See  Buildings  and  Fences. 


WATER  SUPPLY— See  Buildings. 


WATERWORKS. 
A.s  TO  Watek  Supply,  See  Buildings. 
Art.  8126.  (1)  That  during   the  term  of  the  charter    Franchise, 
of   the  New  Orleans  Waterworks  Company,    beginninj^c.^s'!'^'^''' ^°^' 
with  the  year  1885,    the   supply   of    water   for   which    Sept.  .3.  >884. 
this  ordinance  provides  shall   be   furnished  by   the  said 
company;  from  the  pipes   and   plugs   of   said  company, 
now  laid  or   hereafter  to  be  laid,  for  the  following  pur- 
poses,   to-wit:    For  the    extinguishment   of   fires   and 
cleansing  of  the  gutters;  for  the  use  of  all  existing  pub- 
lic buildings,  public  markets,  public  squares    or   parks, 
public   schools,    and  the   public  charitable  institutions 


1066  WATERWORKS. 

Pressure  of  supported  and  to  be  established  and  supported  by  the 
State  and  city  and  now  supplied  by  the  said  company. 
It  shall  be  the  duty  of  said  company  to  keep  and  main- 
tain a  head  or  pressure  of  water  of  not  less  than  fifty 
feet  head,  between  the  hours  of  7  a.  m.  and  6  p.  m.  ;  and 
the  reservoir  supply  at  night  and  between  these  hours 
shall  be  of  such  abundance  as  amply  to  cover  the  needs 
of  the  Fire  Department  for  extinguishing  fires  ;  and  said 
company  shall  make  such  provision  as  may  be  necessary 
to  reinforce  or  supplement  said  reservoir  supply  in  case 
of  need  or  accident.  In  consideration  for  said  supply, 
Cost  per  fire  the  city  of  Ncw  Orlcaus  shall  pay,  during  the  term  of 
said  company's  charter,  to  the  said  New  Orleans  Water- 
works Company  sixty  dollars  ($60)  per  annum  for  each 
and  every  fire  plug,  fire  hydrant  and  fire  well  connected 
Number  of  ^jth  the  maius  or  pipes  of  said  company,  of  which  said 
fire  plugs,  fire  hydrants  and  fire  wells  there  are  now 
eleven  hundred  and  thirty-nine  (1139),  which  number 
shall  ever  be  the  least  measure  of  the  annual  sum  to  be 
paid  to  said  company,  and  for  every  additional  hydrant, 
fire  plug  or  fire  well  exceeding  said  number,  hereafter 
attached  to  said  pipes  or  mains,  the  city  shall  pay  an 
additional  sixty  dollars  ($60)  per  annum. 
Drought.  •  Art.  3127.  (2)  That  the  city  of  New  Orleans  shall 
have  the  power  in  times  of  drought  to  furnish  water  to 
such  persons  as  may  live  outside  the  lines  of  the  pipes 
of  said  Waterworks  Company,  free  from  all  charges  by 
the  same,  and  shall  have  further  power  by  ordinance 
duly  passed  and  notified  in  writing  to  said  company, 
before  each  annual  appropriation  for  said  supply,  to  de- 
Decrease  or  crease  or  increase  the  number  of  fire  plugs,  fire  hydrants 
and  fire  wells  for  the  ensuing  year,  all  such  ordinances 
to  designate  the  locations  for  the  new  attachments  or 
intended  cut-offs ;  provided,  however,  that  the  number 
of  said  fire  hydrants,  fire  plugs  and  fire  wells  be  not  re- 
duced below  eleven  hundred  and  thirty-nine  (1139),  the 
intent  thereof  being  that  the  annual  price  to  be  paid  for 
said  water  supply  shall  never  be  less  than  as  fixed 
herein  by  reference  to  the  now  existing  number  of  said 
fire  plugs,  fire  hydrants  and  fire  wells ;  but  the  city  ex- 


increase. 


WATERWORKS.  1167 

pressly  reserves  the  power  to  change  the  loeation  of  any 
and  all  of  said  plugs,  hydrants  or  wells,  whenever  the 
Council  shall  deem  it  necessary,  said  change  to  be  at  the 
cost  of  the  company. 
See  Act  56  of  1884. 

Art.  3128.  (3)  That  the  city  of  New  Orleans  shall  Amount  set 
annually  set  apart,  appropriate  and  provide  m  its  annual 
budgets  of  expenditures  and  receipts,  beginning  with 
those  for  the  year  1885,  and  in  all  successive  budgets  for 
each  year  successively,  a  sum  sufficient  to  pay  for  said 
annual  water  supply,  as  fixed  in  the  foregoing  sections 
of  this  ordinance ;  and  that  said  annual  sum  or  price  How  paid, 
shall  be  paid  to  said  New  Orleans  Waterworks  Com- 
pany in  twelve  equal  and  monthly  instalments,  one  on 
the  last  day  of  each  consecutive  month,  beginning  in 
the  month  of  January,  1885,  for  the  year  1885;  and 
beginning  also  in  the  month  of  January  in  each  year 
thereafter ;  and  in  event  of  prompt  cash  payments  of 
said  instalments  during  each  year,  the  city  of  New  Or- 
leans shall  be  entitled  to  deduct  and  retain  from  the  last  De«i«<=«on.  etc. 
instalment  in  each  year  six  per  centum  of  the  entire 
amount  paid  and  payable  to  the  said  company  in  and  for 
said  year ;  but  should  any  instalment  be  unpaid  when 
due,  it  shall  bear  interest  at  the  rate  of  eight  per  centum 
per  annum,  from  the  end  of  the  month  in  which  it  was 
payable,  ui)til  finally  paid. 

Art.  3129.  (4)  That  it  is  herebv  made  the   duty  of    Comptroller 

^     '  ■  •  and  Treasurer 

the  Comptroller  or  auditing  officer,  and  of  the  Treasurer 
of  said  city  of  New  Orleans,  carefully  to  set  apart  and 
keep  as  a  distinct  fund  the  moneys  or  collections  which 
shall  have  been  appropriated  in  each  year,  pursuant  to 
this  ordinance,  and  such  proportion  of  all  collections  of 
the  revenue  as  shall  have  been  appropriated  in  the  bud- 
gets to  and  for  said  company,  or  the  said  water  supph' 
for  each  year,  shall  be  carefully  and  exactly  set  apart  by 
said  officers  as  collected,  and  shall  be  warranted  for  by 
said  Comptroller  and  paid  by  said  Treasurer  to  said  com- 
pany, during  each  month,  without  further  direction, 
ordinance  or  authority  than  that  hereby  given. 


1168  WATERWORKS. 


etc, 


Inspection,  Art.  3130.  (.5)  That  the  New  Orleans  Waterworks^ 
Company  shall  have  the  right  to  inspect  and  examine 
into  the  use  of  water  to  be  svipplied  under  this  ordinance, 
and  the  city  of  New  Orleans  and  its  officers  shall  see 
that  no  water  is  taken  or  used  except  for  the  purpose 
aforesaid,  and  that  there  shall  be  no  waste  nor  more 
water  taken  and  used  than  may  be  actually  necessary  for 

Waste.  the  purposes  aforesaid  ;  and  to  this  end  the  city  of  New 
Orleans  shall  adopt  all  proper  measures  or  ordinances 
to  prevent  waste,  and  to  prevent  any  use  of  water  except 
for  the  purposes  herein  designated ;  and  it  is  hereby 
made  the  duty  of  the  officers  of  said  city  and  of  those  of 
any  and  all  public  buildings  and  public  institutions,  and 
of  all  persons  using  water  under  this  ordinance,  to  pre- 
vent waste  and  to  prevent  the  use  of  such  water  except 
for  the  actual  need  for  the  purposes  aforesaid. 

Notarial  act.  Art.  3131.  (6)  That  the  Mayor  be  and  is  hereby 
authorized  and  directed  to  execute  a  contract  by  notarial 
act  to  and  with  said  company,  embodying  and  carrying 
out  the  provisions  of  this  ordinance. 

Repealing  Art.  3132.  (7)  That  all  ordiuauces  or  parts  of  ordi- 
lb.  nances  inconsistent  or  in  conflict  with  this  ordinance  'be 
and  the  same  are  hereby  repealed. 


POLICE   RE(4ULAnONS. 

Duty  of  Com-      Art.  3133.   (1)  It  shall  be  the  duty  of  the   commis- 
Markers.' ^^  °  sarics  of  the   several   markets,  as  soon   as  the  markets 
A.s."    °'  "^^' shall  have  been  washed,  to  have  the  fire   plugs  closed 
ct.  27,  I   2.  ^^^  \^Qpt  closed  until  wanted  the  next  day  for  the  same 
purpose,  except  in  case  of  fire;  and  for  any  violation  of 
Penalty.        this  Ordinance  the  commissary  or  market  lessee  or  lessees 
shall   be   fined   not  to  exceed  twenty-five  dollars  or  im- 
prisonment not  more  than  thirty  days. 
Night  watch-      Art.  3134.  (2)  It  shall  be  the  duty  of  the  night  watch 
to  arrest  any  and  all  persons  except   the   officers  of  the 
New   Orleans  Waterworks   (Company  and   city  govern- 
ment found  opening  the   fire  plugs  at  night,  except  in 
Penalty.        casc  of  fire.     Such  offenders  shall,  upon  conviction,  be 
fined  not  to  exceed  twenty-five   dollars,  or  in  default  of 


men. 


Penal  ty» 


WATERWORKS.  1169 

payment  of  said  penalty  shall  be  imprisoned  not  more 
than  thirty  days. 

Art.  3135.   (3)  It  shall   be   unlawful  for  any  person    Parties  not 
unauthorized  by  the  New  Orleans  Waterworks  Company,  watrr! 
except   the   city   government  and   Fire  Department,  to 
take   water   from   any  public  well,  cistern,  reservoir  or 
fire    plug,    or    to    open    the    same    so    as    to    expose 
the   water  to   waste ;  or   to  turn  any  public  or  private   » 
stopcock,  or  in  any  way  or  manner  injure  the  buildings, 
reservoirs   or  other  property   belonging    to    the    New 
Orleans    Waterworks  Company ;    and    the    person    so 
offending  shall  be  subject  to  a  fine  not  to  exceed  twenty- 
five  dollars,  or  in  default  of  payment  of  the  fine  shall 
be  imprisoned  for  not  more  than  thirty  days. 

Art.  3136.  (4)  No  person  shall  make  any  attachment    Attachment 
to   the  street  mains  of  the  New  Orleans  Waterworks  **  ™*"'®- 
Company,  or  to  any  private  attachment  connected  there- 
with, or  any   alteration   in   such   private   attachments, 
without  special  authority  from  the  said  company.     Any 
one  so  offending  shall  be  subject  to  a  fine  not  to  exceed    ^^"^'^y- 
twenty-five  dollars,  or  if  the  fine  be  not  paid,  imprison- 
ment for  not  more  than  thirty  days. 

Art.  3137.  (5)  Whosoever  shall  himself,  or  by  any  wasting, 
of  his  family,  or  by  any  of  his  servants  or  agents,  use 
or  waste  the  water  from  any  part  of  the  waterworks,  or 
open  any  stopcock  or  valve,  or  shall  let  on  or  shut  off 
the  water  into  or  from  any  pipe  without  authority  from 
the  New  Orleans  Waterworks  Company,  or  of  the  city 
government  or  Fire  Department,  shall  be  subject  to  a 
fine  not  to  exceed  twenty-five  dollars,  or  if  the  fine  be 
not  paid,  imprisonment  for  not  more  than  thirty  days. 

Art.  3138.  (6)  Whoever  having  authority  to  use  the  used  other- 
water  supplied  by  the  New  Orleans  Waterworks  Com-  cified. 
pany  for  a  specified  purpose,  shall  use  the  water  or 
suffer  to  be  used  from  the  hydrant  in  his  authorized  use, 
for  any  other  purpose  than  that  specified,  or  shall  suffer 
any  other  person  to  do  so,  or  shall  suffer  such  hydrant 
to  remain  exposed  to  public  use,  shall  be  fined  not  to 

Peoalty. 

exceed  twenty-five  dollars,  or  failing  to  pay  the  fine, 
shall  be  imprisoned  not  more  than  thirty  days,  for  each 
offence. 


Penalty. 


ners, 


1170  WATERWORKS, 

Valves  or     Art.  3139.   ( 7)  Parties  pavmsr  strects,  allevs  Rud  side- 

«top  boxes.  ^     ^  f  »  T  J 

walks  are  expressly  forbidden  to  destroy  or  cover  up  any 
valve  or  stop-box  attached  to  the  pipes  or  connections  of 
the  New  Orleans  Waterworks  Company,  under  a  penalty 
Penalty.  of  uot  more  than  twenty-five  dollars  for  each  offence,  or 
in  default  of  payment  they  shall  be  imprisoned  for  not 
more  than  thirty  days. 

Keysorspsn-  Art.  3140.  (8)  It  shall  be  unlawful  for  any  person 
to  own  or  keep  a  key  or  spanner  to  any  stopcock, 
hydrant  or  fire  plug  of  the  New  Orleans  Waterworks 
Company,  unless  under  the  authority  of  said  company 
or  of  the  city  government  and  Fire  Department,  and  any 

Penalty.  one  SO  offciiding  shall  be  fined  not  more  than  twenty-five 
dollars,  or  in  default  of  payment  shall  be  imprisoned 
for  not  more  than  thirty  days. 

refervoVs"^  '"  ^RT.  3141.  (9)  Whocvcr  shall  bathe  in  any  reservoir 
of  the  New  Orleans  Waterworks  Company,  or  shall 
commit  any  nuisance  upon  the  grounds  of  such  reser- 
voirs, or  shall  put  any  offensive  matter  into  such  reser- 
voir, or  shall  in  any  manner  contaminate  the  water 
Penalty.  therein,  shall  be  fined  not  to  exceed  twenty-five  dollars, 
and  in  default  of  payment  shall  be  imprisoned  not  more 
than  thirty  days. 

Duty  of  Police.  Art.  3142.  (10)  It  is  made  the  duty  of  the  police  to 
report  all  violations  of  this  ordinance  to  the  Chief  of 
Police,  who  shall  give  prompt  information  of  such  re- 
ports tx)  the  New  Orleans  Waterworks  Company. 


VESSELS  IN  FRONT  OF  PIPES. 

Mooring   of     Art.  3143.    (1)   That  it  shall  be  declared  a  misde- 

vessels.  „  ^  .     .  . 

Ord.  No.  59t,meanor  for  any  owner,  agent,  captain  or  person  to  moor 
Feb.  19, 1884.  or  allow  his  vessel  to  be  moored  so  that  its  bows  may  lap 

or  be  in  front  of  the  cribs  and  influent  pipes  of  the  New 

Orleans  Waterworks  Company. 
Penalty.  Art.  3144.  (2)  That  for  any  such  misdemeanor  there 

shall  be  a  fine  of  twenty-five  ($25)  dollars  for  the  act 

and  twenty  ($20)  dollars  for  each  and  every  day  said 

misdemeanor  exists. 


WATERWORKS.  1171 


VESSELS  IN  FRONT  OF  CRIBS. 

Art.  8145.  (1)  That  from  and  after  the  promulgation    Mooring  of 
of  this  ordinance  it  shall  not  be  lawful  for  any  vessel  to  ^ord.  No.  io86, 
moor  or  lay  at  the  wharf  or  levee  in  such  position  as  to    Jan.  aa,  1885. 
allow  or  cause  any  portion  of  such  vessel  to  be  in  front 
of  or   in   any  manner  lap  or  be   in  front   of  or  along- 
side any  portion  of  the  cribs  or  works  surrounding  the 
intake  or  eduction  pipes  of  the   New  Orleans  Water- 
works Company  in  the  Mississippi  river.     Any  master    p  ^  ^ 
or  officer  in  command  of  any  vessel,  who  shall  permit  or 
allow  any  vessel  under  his  command  to  be  moored  in 
violation  of  the  provisions  of  this  ordinance,  shall  be 
fined  twenty-five  dollars  and  imprisoned  thirty  days  for 
each  violation  of  this  ordinance,  and  if  such  master  or 
officer  shall  not  remove  such  vessel  moored  in  violation 
of  this  ordinance,  after  demand  has  been  made  on  him 
to  remove  such  vessel,  he  shall  be  deemed  guilty  of  a 
violation  of  this  ordinance  each  day  such  vessel  shall 
remain  so  moored,  and  shall  be  fined  twenty-five  dollars 
and  imprisoned  thirty  days  for  each  day  or  fraction  of 
a  day  such  vessel  remains  so  moored. 

Art.  314G.   (2)  That   all  ordinances  of  parts  of  ordi-    Repealing 
nances  in  conflict  with   this   ordinance   are   herebv   re-         *        ib. 


Art.  3] 47.   (1)  That  the  City  Attorney,  on  behalf  of    city  Attor- 

.  .  _  .     ney    to    amend 

the  city,  at  present  a  defendant  of  record  in  suit  15,/ 74,  answer  in  suit 

•^  '  *^  '  '  ot    Ed.   Con  - 

of  the  Civil  District  Court,  entitled  ' '  Edward  Conery,  ery, jr.  et  ais. 

"^     vs.  The  N.    O. 

Jr.,  et  al.  vs.  The  New  Orleans  Waterworks   Company  waterworks 

'  ^        "^   Co.  et  al. 

et  al.,"  be  and  he  is  hereby  directed  to  amend,  with  ord.  N0.3287, 
leave  of  the  Honorable  the  Civil  District  Court  for  the  "oct,  23,  isss. 
parish  of  Orleans,  the  answer  of  the  city  therein,  and  to 
join  in  plaintiff's  demand,  and  to  proceed  in  order  to  cause 
to  be  vacated  the  alleged  contract  under  Ordinance  909, 
C  S., between  the  city  and  the  New  Orleans  Waterworks 
Company,  of  date  October  3,  1884,  before  J.  D.  Taylor, 
notary,  and  to  have  the  same  pronounced  null  and  void, 
and  of  no  effect,  as  being  detrimental  to  the  public  rights 
and  interest,  beyond  the  powers  of  the  late  city  adminis- 
tration, and  in  fraud  of  the  rights  of  the  city. 


1172  WATERWORKS. 

Authority  to     Art.  3148.  (2)  That  the  City  Attomey  be  and  he  is 

City    Attorney.  i      o         i  •  • 

lb.  hereby  authorized  to  take  such  further  action  m  pur- 
suance of  thisordinance,  relative  to  said  cause  No.  15,774, 
and  entitled  ''Edward  Conery,  Jr.,  and  Others  vs.  The 
New  Orleans  Waterworks  Company,  The  City  of  New 
Orleans  and  Others,"  as  he  may  deem  necessary  for  the 
best  interests  of  the  city. 

Repealing      Art.  3149.  (3)  That  all  ordiuanccs  Or  parts  of  ordi- 

lb.  nances   inconsistent  with   or  contrary  to  the  provisions 

of  this  ordinance,  be  and  the  same  are  hereby  repealed. 

Test  of  water.      ART.  3150.  (1)  That  it  shall  be  the  dutv  of  the  City  Sur- 

Ord.  No.  3919,  ►  V 

c.  s.     ^    ^   veyor  to  make  tests  daily,  or  as  often  as  may  be  necessary, 
to  ascertain  whether  or  not  the  New  Orleans  Waterworks 


Aiig.  6, 


Company  constantly  maintains  the  head  or  pressure  and 
reservoir  supply  of  water  required  by  the  provisions  of 
Ordinance  No.  909,  C.  S. 
To  report  to     Art.  3151.  (2)  That  it  shall  be  the  duty  of  the  City 
lb.  Surveyor  to  report  to  the  Council  on  the  third   Tuesday 
of  every  month  the  result  of  the   tests  made,    as    above 
required. 
Keso-.ution  of     Art.  3152.  Whcrcas,    it  is   indispensable  to   a  safe, 
Sc^ore  author- continuous   and   economical    supply   of    water  that  the 
bonls.'*^"^  °*  machinery  and  plant  of  this  corporation  for  pumping 
^Ord.No.s,S9,^^^  delivering  water  through  its  mains  and  service  be 
Jan.  26, 1893.  j.ejjg^e(j  QY  altered  to  bring  the  installation  up  to  the 
present  state  of  the  art  in  that  class  of  machinery ;  and 
Whereas,    it   is   desirable   that   an  attempt  be  made 
to  filter  or  otherwise  clarify  the  water  taken  from  the 
Mississippi   river   before   its   distribution   through  the 
mains  and  free  it,  as  much  as  possible,  from  sediment 
before  delivery  for  public  or  private  consumption  ;  and 
Whereas,    the   expense   involved   in   such    necessary 
modification  and  improvement  of  machinery  and  experi- 
ments  and  efforts  to  secure  freedom  from  sediment  in 
the    water    demands    the    immediate   outlay    of   more 
money   than   can   be   safely    taken    from    the    current 
revenues  and  earnings  of  the  company  ;  and 

Whereas,  under  the  terms  of  its  charter  this  corpora- 
tion has  authority  to  borrow  money  for  that  purpose  up 
to  the  maximum  limit  of  two  million  ($2,000,000)  dol- 


WATERWORKS.  1173 

lars,  with  the  consent  of  the  Council  of  the  city  of  New 
Orleans;  and 

Whereas,  for  the  purpose  of  improving  and  en- 
larging its  works,  this  corporation,  on  the  first  day 
of  April,  1879,  made  and  executed  a  mortgage  bearing 
on  all  of  its  property  to  secure  an  issue  of  its  bonds  in 
the  sum  of  five  hundred  thousand  ($500,000)  dollars,  with 
interest  at  the  rate  of  six  (6)  per  centum  per  annum,  bonds 
made  payable  thirty  years  after  the  date  thereof ;  and 

Whereas,  of  the  said  bonds  so  authorized  and  secured 
by  said  mortgage,  bonds  to  the  amount  of  only  three 
hundred  and  ninety-five  thousand  ($395,000)  dollars 
have  been  issued  under  and  secured  by  said  mortgage, 
and  bonds  of  the  said  series  of  five  hundred  thousand 
dollars  amounting  to  the  sum  of  one  hundred  and  five 
thousand  ($105,000)  dollars  are  still  in  the  possession  of 
this  corporation,  having  never  been  sold  or  disposed  of 
so  as  to  become  secured  by  said  mortgage  of  April  1, 
1879 ;  and 

Whereas,  it  is  desirable,  if  anew  loan  is  to  be  effected 
for  the  purposes  above  recited,  that  the  entire  loan 
should  be  upon  the  same  terms  and  mature  at  the  same 
time. 

Art.  3153.  That  the  Council  of  the  city  of  New  Orleans  To  c  a  n  c  ei 
be  requested  to  join  this  Board  of  Directors  in  the  ap-  *^*'  **"  °"  ib. 
pointment  of  a  joint  committee  to  cancel  and  destroy  all 
of  the  said  bonds  representing  said  one  hundred  and  five 
thousand  dollars  of  said  series  of  five  hundred  thousand 
•dollars that  now  remain  in  the  possession  of  this  corpora- 
tion and  were  never  issued,  so  that  the  operation  and  effect 
of  the  said  mortgage  of  April  1,  1879,  shall  be  limited 
to  stand  as  a  security  only  for  the  said  sum  of  three 
hundred  and  ninety-five  thousand  dollars,  with  stipu- 
lated interest  represented  by  the  said  bonds  with  cou- 
pons attached  that  have  already  been  issued  and  dis- 
posed of. 

Art.  3154.  That  this  corporation,  with  the  consent  of.  Authority  to 
the  Council  of   the  city  of  iS[ew  Orleans,  in  order  to"^"*   *"*  *ib. 
realize  the  money  and  funds  necessary  to  effect  the  im- 
provement of   said  machinery  and  works  as  above  re- 


1174  WATERWORKS. 

cited,  borrow  the  additional  sum  of  two  hundred  and  fifty 
thousand  dollars  for  the  purpose,  and  no  other,  of  en- 
abling it  to  enlarge,  improve,  repair  or  reconstruct  its 
machinery,  enlarge  and  improve  its  works,  and  increase 
its  capacity  to  supply  water,  and  for  the  purpose  of  at- 
tempting to  deliver,  and,  if  successful,  to  deliver  within 
one  year  after  completion  of  experiments,  filtered  water 
from  its  mains  and  service,  and  to  that  end,  that  this 
corporation  make  and  issue  its  bonds,  under  its  seal, 
in  such  form  and  in  such  denomination  and  amounts 
named  in  each  bond  as  shall  be  approved  by  the  Board 
of  Directors  and  the  Council  of  the  city  of  New  Orleans, 
«,^°i.l°"'^***^The  total  issue  of  bonds  not  to  exceed  the  sum  of  two 
hundred  and  fifty  thousand  ($250,000)  dollars,  with  in- 
terest at  the  rate  of  six  (6)  per  centum  per  annum,  in- 
terest to  be  represented  by  coupons  attached  to  said 
bonds,  payable  semi-annually  on  the  first  Monday  in 
January  and  the  first  Monday  in  July  of  each  year ; 
both  principal  and  interest  to  be  payable  at  the  city  of 
New  Orleans.  The  said  bonds  and  coupons  to  be  made 
in  such  form  as  to  pass  in  the  market  by  delivery  and 
to  be  payable  to  the  holders  or  bearers  thereof.  That 
to  secure  the  payment  of,  the  principal  and  the  interest 
represented  by  said  bonds  and  coupons,  the  president 
and  secretary  be  and  are  hereby  authorized  to  make  and 
execute,  in  due  and  usual  form,  a  mortgage  and  hypoth- 
ecation of  all  of  the  property  and  franchises  of  this  cor- 
poration subject  to  mortgage  and  hypothecation  by  the 
terms  of  its  charter  to  the  full  extent  and  amount  of 
the  said  two  hundred  and  fifty  thousand  dollars  and  in- 
terest as  aforesaid.  The  said  president  and  secretary  to 
submit  the  f(5rm  of  said  mortgage  and  said  bonds  and 
coupons  to  a  general  or  special  meeting  of  this  Board  of 
Directors  for  approval,  and  the  same  shall  not  be  exe- 
cuted or  the  seal  of  the  corporation  attached  either  to 
the  said  mortgage  or  any  of  the  said  bonds,  nor  shall 
said  bonds  be  issued  until  the  same  shall  be  approved 
,  and  the  consent  of  the  city  of  New  Orleans  obtained,  as 

provided   in   the  charter  of  this  corporation ;    and  the 
said  mortgage  so  executed  shall  stand  and  be  second  in 


WATERWORKS.  1175 

rank  to  the  said  mortgage  of  date  of  April  1,  1879.  The 
bonds  not  to  be  disposed  of  for  less  than  the  par  value 
of  the  bond  and  the  accrued  interest  on  current  unma- 
tured interest  coupon. 

Art.  3155.  That  the  Council  of  the  city  of  New  Or-  consent  of 
leans  hereby  gives  its  consent  and  approval  to  the  issue  Ord.  N0.6104, 
of  bonds  of  the  New  Orleans  Waterworks  Company,  se-  March  8, 1893^ 
cured  by  a  mortgage  of  all  the  property  and  franchises 
of  the  said  company,  including  its  franchise  to  be  a  cor- 
poration, for  the  purpose  of  improving  and  enlarging  its 
works  and  increasing  the  supply  of  pure  water  as  pro- 
vided in  and  on  the  terms  and  conditions  set  forth  in  a 
resolution  of  the  Board  of  Directors  of  the  New  Orleans 
Waterworks  Company  adopted  at  a  meeting  of  the  board 
held  on  the  6th  day  of  January,  A.  D.  1892,  that  is  to 
say :  Two  hundred  and  fifty  bonds  of  the  sum  of  one 
thousand  dollars  each,  making  a  total  of  two  hundred 
and  fifty  thousand  dollars,  said  bonds  to  bear  interest  at 
the  rate  of  six  per  centum  per  annum,  payable  semi- 
annually, in  the  city  of  New  Orleans,  on  the  first  Mon- 
day in  January  and  the  first  Monday  in  July  of  each 
year.  The  principal  of  said  bonds  to  mature  and  become 
due  and  payable  twenty-five  (25)  years  from  the  first 
day  of  January,  1892,  and  in  no  case  to  be  sold  or  dis- 
posed of  by  the  said  New  Orleans  Waterworks  Company 
for  a  sum  less  than  the  face  value  of  the  bonds,  at  the 
date  of  the  issue  and  disposal  of  such  bonds,  as  pro- 
vided for  in  said  resolution  of  said  Board  of  Directors 
of  the  said  New  Orleans  Waterworks  Company,  at  the 
said  meeting  of  said  board  held  on  the  6th  day  of  Janu- 
ary, A.  D.  1892,  as  the  same  is  of  record  in  the  records 
of  the  proceedings  of  said  meeting,  and  the  said  City 
Council  hereby  gives  its  full  assent  and  approval  re- 
quired by  section  nine  (9)  of  Act  No.  33  of  the  extra 
session  of  the  Louisiana  State  Legislature,  and  all  other 
laws  relating  to  the  issue  of  said  bonds  and  securing  the 
payment  thereof  by  an  act  of  mortgage  in  due  form, 
hypothecating  and  mortgaging  the  said  property  and 
franchises  of  the  said  New  Orleans  Waterworks  Com- 
pany to  secure  the  payment  of  the  principal  and  interest 


1176  WATERWORKS. 

of  said  bonds,  and  that  there  may  be  full  evidence  of 
such  consent  and  approval,  the  Mayor  of  the  city  of 
New  Orleans,  or  any  acting  Mayor,  who  may  be  acting 
at  the  time,  is  directed  to  intervene  in  said  act  of  mort- 
gage and  express  therein  on  the  face  of  such  act  of 
mortgage  the  consent  and  approval  of  the  city  of  New 
Orleans  and  its  City  Council  to  the  issue  of  said  bonds, 
borrowing  of  said  money,  and  the  execution  of  the  said 
mortgage  to  secure  the  payment  thereof  both  as  to  prin- 
cipal and  interest, 
iifd^to'act.^'"'"  Art,  3156.  That  the  Mayor  of  the  city  of  New  Orleans, 
'^"  or  any  acting  Mayor  thereof,  acting  at  the  time,  be  and 
is  hereby  directed  to  join  and  act  with  the  president  of 
the  New  Orleans  Waterworks  Company,  or  such  other 
person  as  shall  be  appointed  by  the  Board  of  Directors 
of  the  said  Waterworks  Company,  and  go  before  the 
Notary  Public  in  the  city  and  parish  of  Orleans,  before 
whom  the  now  existing  act  of  mortgage  of  the  property 
and  franchises  of  the  said  New  Orleans  Waterworks 
Company  was  executed  on  the  first  day  of  April,  1879, 
with  the  assent  of  the  City  Council,  to  secure  the  pay- 
ment of  bonds  to  the  amount  of  five  hundred  thousand 
dollars,  as  appears  by  said  act  of  mortgage,  as  it  is  of 
record  in  the  office  of  James  Fahey,  a  Notary  Public  for 
the  city  and  parish  of  Orleans,  and  in  the  ofiice  of  the 
Recorder  of  Mortgages  in  said  parish,  and  carry  and 
take  with  them  before  said  notary  or  such  other  Notary 
Public  in  and  for  the  city  and  parish  of  Orleans  as  they 
may  select,  each  and  all  of  the  said  bonds,  secured  by 
the  said  act  of  mortgage  of  April  1,  1879,  that  have  not 
Cancellation  been  issucd  or  disposed  of  by  the  said  New  Orleans 
Waterworks  Company,  amounting  in  total  to  the  sum  of 
one  hundred  and  five  thousand  dollars  in  bonds,  with 
interest  coupons  attached,  and  cause  each  and  all  of 
said  bonds  and  coupons  to  be  canceled  in  the  presence 
of  the  said  Notary  Public,  and  shall  join  said  notary  in 
the  execution  of  a  proces  verbal  by  public  act  of  such  can- 
cellation of  said  bonds  and  coupons,  which  shall  fully 
describe  the  said  bonds  and  coupons,  the  s-tamping  and 
mutilation  by  which  such  cancellation  is  evidenced  or 


WATERWORKS.  1177 

^effected,  so  tbat  each  and  all  of  said  bonds  with  their 
coupons  shall  cease  to  be  obligations  of  the  said  New 
Orleans  Waterworks  Company,  with  authentic  evidence 
<of  the  cancellation  thereof,  and  that  a  copy  of  such 
proces  verbal  be  recorded  in  the  office  of  the  Recorder  of 
Mortgages  in  the  parish  of  Orleans,  where  said  mortgage 
•of  April  1,  1879,  is  recorded,  and  that  this  ordinance 
«hall  go  into  effect  from  and  after  the  date  of  its  adop- 
tion and  promulgation. 

FIFTH   MUNICIPAL   DISTRICT. 

Art.  3157.  Whereas,  the  New  Orleans  Waterworks 
'Company  is  desirous  of  providing  a  public  water  supply 
with  proper  distribution  in  the  Fifth  Municipal  District 
•of  the  city  of  New  Orleans,  and  to  that  end  has  entered 
into  an  agreement  with  E.  L.  Bemiss,  of  the  parish  of 
St.  Bernard,  dated  August  27,  1895,  and  filed  in  the 
office  of  Joseph  D.  Taylor,  Notary  Public,  under  which 
agreement  said  New  Orleans  Waterworks  Company  pro- 
poses, subject  to  the  approval  and  consent  of  the  city 
•of  New  Orleans,  to  grant  and  allow  a  corporation  to  be 
organized  by  said  E.  L.  Bemiss,  full,  sole  and  complete 
license  and  authority  to  construct,  carry  on  and  operate 
a  waterworks  installation  for  the  public  municipal  sup- 
ply of  water  to  the  public  and  inhabitants  residing  in 
said  Fifth  Municipal  District,  for  the  period  and  under 
terms  and  conditions  set  forth  in  said  agreement,  dated 
August  27,  1895,  and 

Art.  3158.  Whereas,  it  is  the  desire  and  it  is  to  the 
interest  of  all  parties  concerned  that  the  city  of  New 
Orleans,  without  in  any  manner  waiving  its  rights  under 
its  contracts  with  said  New  Orleans  Waterworks  Com- 
pany, shall  deal  directly  with  said  proposed  corporation 
so  far  as  concerns  payments  for  water  and  service, 
supplied,  furnished  and  rendered  in  said  Fifth  Munici- 
pal District. 

Art.  3159.  (1)  That  the  city  of  New  Orleans  hereby 
recognizes,  consents  to  and  approves  the  said  proposed 
license  and  contract  to  and  in  favor  of  the  said  proposed 
■corporation,  provided  for  in  said  agreement  dated  August 


1178  WATERWORKS. 

Waterworks  27,  1895,  and  that  the  city  of  New  Orleans  hereby  con- 
authorized     to  1      i    J  1  •  1   -VT  ^^    1  -n-r  1 

license  and  scnts  and  agrccs  that  the  said  New  Orleans  Waterworks 
water  in  Fifth  Company  and  the  said  proposed  corporation  shall  have 
tr  ct,  the  right  to  make  such  changes  and  modifications  in  said 

c.  s.  ■  *  '  proposed  contract  of  license  and  lease  as  may  be  mutually 
■  agreed  upon  by  them,  without  further  application  to^ 
action  by  or  authority  from  the  said  city  of  New  Orleans, 
and  that  all  said  changes  and  modifications  in  said  con- 
tract as  shall  be  made  by  said  parties  are  hereby  au- 
thorized and  consented  to  and  approved  by  the  city  of 
New  Orleans. 
Charges.  Art.  3160.  (2)  That  in  said  contract  between  the  New 

'  Orleans  Waterworks  Company  and  the  said  proposed 
corporation  the  latter  shall  agree  and  bind  itself  to  fur- 
nish water  for  public  use  and  uses  under  the  terms  and 
conditions  (as  far  as  applicable),  and  for  the  price  stipu- 
lated m  Ordinance  No.  909,  Council  Series,  and  in  the 
contract  made  thereunder  between  the  New  Orleans 
Waterworks  Company  and  the  city  of  New  Orleans, 
by  act  before  Joseph  D.  Taylor,  Notary  Public,  dated 
Octobers,  1884;  and  that,  for  water  and  service,  sup- 
plied, furnished  and  rendered  for  public  use  and  uses, 
in  said  Fifth  Municipal  District,  said  new  corporation 
shall  be  paid  by  the  city  at  the  price  and  subject  (so  far 
as  applicable)  to  the  terms  and  conditions  fixed  and  set 
forth  in  said  ordinance  and  said  contract — said  payments 
to  be  made  directly  to  said  proposed  corporation,  and  a 
separate  account  to  be  kept  with  said  proposed  corpora- 
tion on  the  books  of  the  city. 
Mayor  mem-      Art.  3161.  (3)  That  thc   Mayor   of  the  city  of  New 

ber  ot  Board  of  ^     ■^  •'  '' 

Directors.        Orlcaus  shall  be  a  member  of   the  Board  of  Directors  of 

Ord.  No.  11,509, 

c-s.  said  proposed   corporation,  and   shall  be   notified,  or  in 

his  absence  the  acting  Mayor  shall  be  so  notified,  of  all 
meetings,  whether  the  same  be  general  or  special,  of  the 
Board  of  Directors  of  said  proposed  corporation  at  the 
same  time  and  in  the  same  manner  as  other  members  of 
said  board  are  so  notified,  and  shall  have  the  right  to 
express  his  views  and  to  vote  on  all  questions  arising  in 
said  board,  but  shall  not  have  the  right  to  vote  at  the 
election  for  said  Board  of  Directors. 


WHARFINGERS.  1179 

Art.  3162.  (4)  That  all  ordinances  and  parts  of  ordi-  Repealing 
nances  in  conflict  with  the  provisions  of  this  ordinance  ord.^No.  11,263, 
be  and  the  same  are  hereby  repealed. 


WHARFINGERS. 

Art.  3163.  (6)  That  it  shall  be  the  duty  of  the  wharf  -  ^^^is^t  of  ves- 
ingers  to  keep  a  list  of  all  vessels  arriving  within  the  ^"'s.'jg?; 
limits  of  the  city,  to  direct  the  mooring  and  landing  of 
steamboats,  flatboats  and  water  craft,  sea-going  vessels 
excepted ;  they  shall  keep  a  regular  account  of  the  gen- 
eral transactions  in  the  harbor ;  and  for  that  purpose 
they  shall  have  well  bound  books,  one  for  ships  and , 
other  sea-going  vessels,  one  for  steamboats,  one  for 
flatboats,  etc.,  and  one  for  barges  and  other  craft,  in 
which  shall  be  kept  a  journal  of  the  arrivals,  arranged 
in  such  a  manner  as  to  present  in  one  line  the  name  of 
the  vessel,  her  master  or  consignee,  the  tonnage  or 
burthen,  the  amount  of  duty  to  which  said  vessel  may 
be  subject,  as  well  as  the  date  of  the  arrival  and  depart- 
ure thereof;  and  the  said  books  shall  be  regularly 
posted  every  day. 

Art.  3164.  (7)  That  every   wharfinger,    in   his  dis-    D«ty  and 
trict,  is  authorized  to  point  out  the   place   and   position  ib. 

any  steamboat,  flatboat,  barge  or  other  craft  shall  take 
at  the  part  of  the  levee  allotted  to  them  ;  and  regarding 
the  selection  of  place  or  position,  said  wharfinger  is  ap- 
pointed sole  judge  to  decide  thereon ;  and,  moreover, 
said  wharfinger  shall  have  the  right  of  determining  on 
what  occasions  and  how  far  captains  and  others  having 
charge  of  steamboats,  flatboats,  barges  and  other  water 
craft,  must  accommodate  one  another  in  their  respective 
positions  at  the  wharves,  as  assigned  them  by  the  said 
wharfingers ;  and  also  in  arranging  of  freight  on  the 
wharves  and  levees,  discharged  and  to  be  hauled  away, 
or  conveyed  thither  for  the  purpose  of  being  shipped ; 
in  the  arranging  of  all  matters  of  dispute  arising  from 
differences  of  opinion  regarding  individual  rights  to  the 
wharves  and  levees  by  parties  doing  business  thereon,. 


1180  WHARFINGERS. 

in  connection  with  the  shipping  and  landing  of  freight ; 
and  also  of  the  mooring  and   landing   of   the   different 
vessels  above  enumerated.    The  wharfingers  thus  having 
full  power  to  decide  upon  all  such  matters  appertaining 
to  the  wharves  and  levees,  and  to  determine  the  same,  in 
case  any  captain  or  other  person  resists,  opposes  or  re- 
fuses to  obey  the  orders  of  the  said  wharfingers  in  thus 
discharging  the  duties  of  their  office. 
Penalty.    ^^      Art.  3165.  Such  captaiu  or  other  person  so   violating 
Or'd'"No^'i367  ^^^  provisions  of  this  ordinance  shall  be  subject  to  a  fine 
^-  s.  '  not  to  exceed  twenty-five  dollars  or   imprisoned   in   the 

parish  prison  for  a  term  not  to  exceed  thirty  days,  or 
both,  or  imprisoned  in  the  said  parish  prison  for  a  term 
,oot  1o  exceed  thirty  days  in  default  of  the  payment  of 
the  fine,  to  be  imposed  by  the  Recorder  of  the  district 
wherein  the  offence  is  committed ;  provided,  that  the  fine 
shall  not  exceed  twenty-five  dollars  for  each  offence,  nor 
the  imprisonment  more  than  thirty  days. 
merchan^iTe  Art.  3166.  (1)  That  it  shall  also  be  the  duty  of  the 
wharvTs.  *  ^  Superintendent  of  Wharfingers  to  see  that  all  produce, 
Dec."  1874!'  goods,  wares  and  other  articles  landed  on  the  levee 
from  any  vessel  or  water  craft  be  laid  as  near  as  possi- 
ble to  the  paved  part  of  the  levee  approaching  the  street, 
«,nd  that  the  bank  of  the  river  and  wharves  be  neither 
obstructed  nor  encumbered ;  and  that  the  said  Superin- 
tendent of  Wharfingers  is  authorized  to  give  the  neces- 
sary orders  through  his  deputies,  to  all  persons  whom 
It  may  concern,  to  remove  all  produce,  goods,  wares  or 
•other  articles  landed  upon  said  wharves  and  levees  im- 
mediately after  the  discharge  of  the  vessel  or  vessels 
from  whence  such  produce,  goods,  wares  or  other 
articles  were  landed,  if  the  room  is  wanted,  and  forty- 
eight  hours  is  the  longest  time  that  said  produce,  goods, 
wares  or  other  articles  shall  be  allowed  to  remain  on  the 
wharves  or  landings ;  and  upon  the  neglect,  refusal  or 
failure  by  the  owners  or  agents  of  said  produce,  goods, 
wares  or  other  articles,  to  remove  the  same,  after  being 
duly  notified  by  the  wharfinger,  the  said  wharfinger 
shall  cause  the  said  produce,  goods,  wares  or  other 
articles  to  be  stored  at  the  expense  and  risk  of  the  said 


WHARVES.  1181 

owners  or  agents  thereof ;  and  said  wharfingers  shall 
have  further  authority  to  remove  all  obstructions  and 
encumbrances,  as  provided  in  ordinances  relative  to 
pounds. 

N.  O.  Waterworks  Co.     See  Acts  101  of  1872;  33  of  1877, 
E.  S.;  48  of  1878;  56  of  1884. 

WHARVES. 

See  Wharfingers. 

OBSTRUCTIONS. 

Art.  3167.  (1)  That  on  or  after  the  first  day  of  May,  ,Jt'.°""^   ''^'■ 
1885,  it  shall   be   unlawful  to   store  on  the  levee,  for  a  c^^^-^"'"^' 
longer  period   than  ten  (10)  days,  articles  of  ballaio,    April  21, isss. 
whether  of  rock,  stone,  shells,  boulders,  mixed  dirt  or 
other   material,    recognized   and  commonly  known  and 
used  as  ballast  for  sea-going  vessels,  whether  of  sail  or 
steam,  or  granite  blocks,  bricks  or  other  material  of  any 
kind,  for  personal  use  or  for  sale. 

art.  3168.  (2)  That  it  shall  be  the  duty  of  the  Com- „,^H|y„°Jc°^t 
missioner  of  Public  Works,  on  the  last  day  of  the  time  P'^''"*=  ^"'ibl 
above  specified,  to  serve  written  notice  upon  the  owners 
of  such  property  to  remove  the  same  within  three  days 
from    date  of  service,  and   to-  keep  a  record  of   such 
notice  and  service  in  his  office. 

Art.  3169.  (3)  That  the  owner,   or  agent  or  person    Penalty. 
having  control  of  such  ballast,  who  fails   to  remove  the 
same  within  the  period  above  specified,  shall  be  deemed 
guilty  of  misdemeanor  in   obstructing  the  public  levee 
and  highway,  and  on  conviction  before  the   Recorder 
having     jurisdiction    shall     be    fined     not     less    than 
five  dollars  nor  more  than  twenty-five  dollars,  or  im- 
prisonment not  more  than  ten  days,  or  both,  in  the  dis- 
cretion of  the  court ;  and  further,  if   within  forty-eight 
hours  after  the  payment  of  a  fine  so  imposed,  or  the  ex-    Failure  to  re- 
piration  of   a  term  of  imprisonment,  such  ballast  is  not  J'rosecutiol**" 
removed,  or  bona  fide  in  course  of  removal,  such  owner, 
agent  or  person  having  control  shall  again  be  subject  to 
prosecution,  and,  upon  conviction,  fined  or  imprisoned 
in  the  same  manner  as  hereinbefore  provided. 


1182  WHARVES. 

Duty  of  con-  -  jArt.  317^.  (4)  That  it  shall  be  the  duty  of  the  contra, 
clerks.  vention  clerks  of  the  wharfinger's  department  to  report 

'  promptly  to  the  Comn>issioner  of  Public  Works  all  cases 
of  ballast  depositing  which  come  under  the  operation  of 
this  ordinance,  giving,  as  far  as  can  be,  the  quantity, 
the  location  and  the  character  of  same;  and  it  shall 
further  be  the  duty  of  said  commissioner  to  make  the 
proper  affidavit  against  any  and  all  persons  violating 
any  of  the  provisions  of  this  ordinance. 

Art.  3171.  (5)  That  all  ordinances  or  parts  of   ordi- 
nances heretofore  enacted  conflicting  with  this  ordinance 
be  and  the  same  are  hereby  repealed. 
Obstructing     Art.  3172.  (1)  It  shall  uot  bc  lawful  for  any  pcrsou  to 
ord.No. 4163, encumber  with   the  river   sand,  planks  and  staves,  the 
Oct.,  1859.     levee   in   front   of  the  city  of  New  Orleans,  from    the 
upper  to  the  lower  limits  of  said  city. 

Art.  3173.  (2)  It  shall  not  be  lawful  for  any  person  to 
damage  or  injure  in  any  way  the  levee  in  front  of  the 
city. 

Art.  3174.  (4)  It  shall  be  the  duty  of  the  several 
wharfingers  in  their-  respective  districts  to  carry  into 
effect  the  provisions  of  the  foregoiug  ordinance. 

Art.  3175.  That  whoever  shall  violate  the  provisions 
of  this  ordinance  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars,  or  imprisoned  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  impris- 
oned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  payment  of  the  fine,  to  be  im- 
posed by  the  Recorder  of  the  district  wherein  the  offence 
is  committed ;  provided,  that  the  fine  shall   not  exceed 
twenty-five   dollars  for  each  offence,  nor  the  imprison- 
ment more  than  thirty  days. 
Dutyof  Com      Art.  3176.  (1)  That  it  shall  be  the  duty  of  the  Admin- 
commerce.  "^   istrator  of  Commerce  of  the  city  of  New  Orleans  to  see 
AS.'    °'  ^^^'and  require  all  produce,  wares,  goods  and  other  articles 
^'  '     ■     landed  on  the  wharves  or  levees  by  any  vessel  or  other 
water  craft,  shall  be  laid  as  near  as  possible  to  the  paved 
part  of  the  levee  approaching  the  street,  so  that  the  bank 
of  the  river  and  wharves  be  neither   obstructed  nor  en- 
cumbered thereby. 


Injure 
damage. 


D  uty 
wharfinge 


Penalty. 
Ord.  No.  4962 
C.  S. 
Dec,  16,  1890 


WHARVES.  1183 

Art.  3177.  (2)  That  the  AdmiDistrator  of  Commerce    Removal  of 

^     '  wares,  etc, 

"be  and  is  hereby  authorized  to  give  the  necessary  orders  ib. 

to  all  persons  whom  it  may  concern  to  remove  all  goods, 
wares  and  merchandise  of  every  kind  landed  upon  the 
wharves  and  levees,  upon  the  expiration  of  48  hours 
after  the  discharge  or  receipt  of  cargo,  and  upon  the 
neglect,  refusal  or  failure  of  the  owners,  agents,  con- 
signees or  shippers  of  said  produce,  goods,  wares  or 
merchandise  of  any  description,  to  remove  the  same 
after  having  been  duly  notified  by  the  Administrator  of 
Commerce,  his  officers  or  employees  acting  under  his 
direction,  the  said  Administrator  of  Commerce  shall 
take  possession  of  said  produce,  goods,  wares  or  mer- 
chandise, and  store  the  same  at  the  expense  and  risk  of 
the  owners,  agents,  consignees  or  shippers  thereot,  and 
he  shall  have  full  authority  to  remove  all  obstructions 
upon  the  wharves  and  levees. 

Art.  3178.  (3)  That  ip  the  event  the  owners,  agents,    Notice  dis- 

u-  *  J  ^u  Pensed  with, 

consignees  or  shippers  of  any  goods,  wares  or  other  mer-  when, 
•chandise  can  not  be  found,  then  the  Administrator  of 
Commerce,  his  officers  and  employees  acting  under  his 
instructions,  are  hereby  authorized  to  dispense  with  the 
notification  above  provided  for. 

Art.  3179.  (4)  That  in  addition  to  the  powers  conferred  other  powers, 
upon  the  Administrator  of  Commerce,  his  officers  and 
■employees  acting  under  his  instructions,  he  is  hereby 
further  authorized  to  stop  the  loading  and  unloading  of 
merchandise  or  other  articles,  provided  he  considers  the 
safety  of  the  wharves  endangered  thereby,  and  he  is 
further  authorized  through  his  proper  officers  to  remove 
at  any  time,  immediately  upon  being  unloaded,  any 
goods  or  merchandise  which  may  encumber  the  wharves, 
or  which  may  prevent  the  discharge  of  vessels  arriving. 

Art.  3180.  (5)  That  whoever  violates  the  provisions  of    Penalty, 
this   ordinance   shall  be  fined  in  a  sum  not  exceeding 
twenty-five    dollars   and    imprisonment   not   exceeding 
thirty  days   by  the   Recorder  of   the  district  in  which 
said  offence  shall  be  committed. 

Art.  3181.  (1)  That  any  permission  or  authority  here- 
tofore granted  bj  the  Common  Council  of  the  city  of  New 


lb. 


1184  WHARVES. 

Shells,  booths,  Orleans,  to  erect,  maintain   or   keep   upon   the   public? 

remoVed,"        wharves,  levees  or  landings  of  the  city  of  New  Orleans,. 

A.  s. '     **'    ^'any  shed,  shanty,  booth,  tent  or  any  structure  of  any 
*^' '   °'     kind  whatsoever,  be  and  the  same  is  hereby  withdrawn 
and  vacated. 

Art.  3182.  (2)  That  it  shall  not  be  lawful  for  any  per- 
son or  persons  to  erect,  maintain  or  keep  upon  thepublie 
wharves,  levees  or  landings  of  the  city  of  New  Orleans 
any  shanty,  shed,  stand,  booth,  tent,  or  any  structure  of 
any  kind  whatsoever,  without  permission  of  the  Council. 
Penalty.  Art.  3183.  That  whoever  shall  violate  the  provisions 

c.  s.*  '  ^*of  this  ordinance,  shall  be  subject  to  a  fine  not  to  exceed 
twenty-five  dollars  or  imprisonment  in  the  parish  prison 
for  a  term  not  to  exceed  thirty  days,  or  both,  or  im- 
prisoned in  the  said  parish  prison  for  a  term  not  to  exceed 
thirty  days  in  default  of  the  payment  of  the  fine,  to  be 
imposed  by  the  Recorder  of  the  district  wherein  th& 
offence  is  committed ;  provided,  that  the  fine  shall  not 
exceed  twenty-five  dollars  for  each  offence,  nor  the  im- 
prisonment more  than  thirty  days. 

POLICE   regulations. 

Public  dump.     Art.  3184.  (1)  That  for  the  purpose  of  accomplishing 
A.  s.'    °"  **'''  the  work  recommended  by  the  Board  of  Engineers  as  a  tem- 
"■' '     ■     porary  protection  of  the  river  bank  in  the  Third  District^ 
below  Montegut  street,  and  to  strengthen  the  bulkhead 
built  by  the  wharf  lessee,  the  Administrator  of  Improve- 
ments is  hereby  authorized  to  establish  a  public  dump  in 
front  of  said  bulkhead,  wherein  all  offal,  manure,  ric& 
chaff,  tin  cuttings,  tobacco  stems  and  other  refuse  or 
waste  matter  shall  be  deposited. 
Rice  chaff,     Art.  3185.  (2)  That  it  shall  be  uulawf ul  for  any  pcr- 
ib.  son  to  deposit  offal,  manure,  rice  chaff,  tin  cuttings,  to- 
bacco stems  or  other  refuse  or  waste  matters  on  any  part 
of  the  river  front  except  the  place  specified,  under  a  pen- 
alty of  a  fine  of  ten  dollars,  or  imprisonment  not  exceed- 
ing ten  days  for  each  and  every  such  offence. 
cab«onwood-     Art.  3186.  That  cabs,  drays  and  other  vehicles  be 
"ord.  No.  si.^^^i  ^^^  hereby  permitted  to  be  driven  on  any  woodwork 
*May,  i860,     to   a   poiut   fifty  f cct  f rom  the   line  of  incline  on   the 
wharves. 


WHARV^ES, 


1185 


lb. 


Art.  8187.  That    the     City    Surveyor  be   and    he   is    Guide  Posts. 

lb. 

hereby  authorized  and  instructed  to  place  at  such  dis- 
tances as  he  may  deem  best  posts  to  guide  the  wharf- 
ingers in  carrying  out  said  permission. 

Art.  3188  (2)  That  from  and  after  the  passage  of  this    Drays,  cam, 

,  .      et-.,  0  1  wooden 

ordinance,  no  cart,  dray  or  other  vehicle  shall  remain  part  of  wharves 
idle  on  the  wooden  part  of  any  of  the  wharves  of  the  a.  s." 
city,  under  a  penalty  of  not  less  than  ten  nor  more  than 
twenty-five  dollars  for  each  offence,  and  in  default  of 
payment,  imprisonment  for  not  less  than  ten  or  more 
than  thirty  days ;  and  it  shall  be  the  duty  of  the  police 
to  order  off  from  said  wooden  parts  of  any  of  the 
wharves  all  or  any  idle  cart,  dray  or  vehicle  encumber- 
ing said  wharves,  and  should  the  person  or  persons  thus 
ordered  refuse  to  obey,  the  said  police  shall  cause  to  be 
arrested  the  person  or  persons  thus  contravening. 

Art.  3189  (2)  That  all  drays,  carts,  cabs  and  other  Penalty 
vehicles  are  hereby  prohibited  from  driving  on  the  wharves 
(except  as  under  the  provisions  of  Ordinance  No.  51,  N. 
S.),  under  a  penalty  of  not  less  than  ten  nor  more  than 
twenty-five  dollars,  and  in  default  of  payment,  impris- 
onment for  not  less  than  ten  nor  more  than  thirty  days ; 
and  the  police  are  hereby  authorized  to  arrest  and  take 
possession  of  all  drays,  carts,  cabs  and  other  vehicles 
found  in  contravention  of  this  ordinance,  and  dispose  of 
them  in  the  same  manner  as  provided  by  ordinance  rela- 
tive to  pounds. 

Art.  3190  (1)  That    from  and  after  this  date,  all  ves-    vessels, 
sels,  whether  sea-going   or   otherwise,    arriving   in  this  a.  s.'    °'  '*'  ' 
port  and  landing  at  any  wharf  or  landing   in  the  city  of    ^°''"'    '* 
New  Orleans,  will  be  required  to  moor,    fasten  or  tie  to 
such  mooring  posts,  piles  or  check  posts  on  the  levee 
proper,  as  the  Administrator  of  Commerce  or  one  of  his 
duly  authorized  deputies  may  direct. 

Art.  3191  (2)  That  on  the  refusal  or  neglect  of  any 
captain,  master  or  commander  of  any  vessel  to  comply 
with  the  above  immediately  after  being  notified  by  the 
Administrator  of  Commerce  or  one  of  his  duly  author- 
ized deputies,  he  shall  be  arrested  and  fined  the  sum  of 
twenty-five  dollars  by  the  Recorder  in  whose  district  the 


Penalty. 


lb. 


1186  ^      ,  WHARVES. 

vessel  may  be  lyin^,  and  on  his  refusal  or  failure  to  pay- 
said   fine,  he  shall  be  imprisoned  for  ten  days   for  each 
and  every  offence. 
Penalty  for     Art.  3192,  That  in  auv  case  whcre  a  Captain  or  master 

refusing    to  * 

obey  orders  ot  of  a  vessel  opposcs  or  rcf uscs  to  obcy  the  order  or  orders 

ord.  No.  5638,  of  the  Superintendent  of  Wharfingers,  or  refuses  to  land 

*sept.  28, 1891.  or  place  his  boat  at  the   proper   landing   as   designated 

ords.Nos.  2888  above,  provided  that  nothing   herein  contained  shall  be 

construed  as  interfering  with  the  Harbor  Masters  in  the 

discharge  of  their  duty,  shall  be  subject  to  a  fine  not  to 

Penalty.        cxcecd  twcuty-fivc  dollars,  or  imprisoned  in  the  parish 

prison  for  a  term  not  to  exceed  thirty  days,  or  both,  or 

imprisonment  in  the  said  parish  prison  for  a  term  of  not 

to  exceed  thirty  days  in  default  of  payment  of  the  fine, 

to  be  imposed  by   the   Recorder   of  the  district  wherein 

the  offence  is  committed ;  provided,  that   the   fine  shall 

not  exceed  twenty-five  dollars  for   each  offence,  nor  the 

imprisonment  more  than  thirty  days. 

Lav  charges.     Art.  3193.  That  from   and   after  the  passage  of  this 

A.  s."     '       '  ordinance  all   barges  arriving  at  this  port,  laden  with 

grain  or  through  freight,   will  be  allowed  fifteen   days 

before  incurring  damages  for  lay  days. 

LANDINGS. 

Ballast.  Art.  3194.  That  the  square  of  ground  bounded  by 

A.s."     ■       'Peters,  Desire,  Piety  and  Moreau  streets,   be  and  the 


Oct.,  1877. 


same  is  specially  set  apart  and  appropriated  for  a  bal- 
last yard,  said  property  being  owned  by  the  city  of  New 
Orleans ;  and  that  hereafter  all  ballast  landed  on  the 
levee  shall  be  removed  within  forty-eight  hours  after 
landing,  unless  otherwise  directed  by  the  Administrator 
of  Commerce,  or  placed  in  the  holes  designated  by  the 
Superintendent  of  Wharfingers,  or  at  the  option  of 
masters  and  owners  of  vessels  at  the  ballast  yard  above 
designated,  under  a  penalty  of  one  hundred  dollars,  re- 
coverable from  the  said  vessels,  masters  or  owners  be- 
fore any  court  of  competent  jurisdiction,  for  the  use  of 
the  city. 

Art.  3195  (1)    That  from  and  after  the  passage  of 
this  ordinance  it  shall  not  be  lawful  for  any  person  or 


WHARVES.  1187 

persons  to  land,  or  cause  to  be  landed,  any  barge  or 
barges  loaded  with  potatoes  and  apples  at  any  other 
landing  than  the  flatboat  landing,  between  Sixth  and 
Seventh  street  wharves. 

Art.  3196.  (2)  That  any  person  or  persons  landing,  or  ^^""js^^- 
causing  to  be  landed,   any  barge  or  barges  loaded  with  a.  s^* 
potatoes  and  apples  at  any  other  landing  than  the  flat- 
boat  landing,  between  Sixth  and  Seventh  streets,  shall 
be  liable  to   a  fine  of   twenty-five  dollars  for  each  and 
every  offence,   recoverable  before  the  Recorder  of  the 
district  in  which  said    offence  is   committed,  and  in  de-    Penalty, 
fault  of  payment  of  said  fine,  to  imprisonment  for  not 
less  than  five  nor  more  than  twenty  days. 

Art.  3197.  That  the  portion  of  the  river  front  in  thecoai 

^  Ord.  No.  5834. 

Third  District  included  between  the  wharves  near  the  c.  s. 

Dec.  13,  1891^ 

head  of  Clouet  and  Louisa  streets,  respectively,  or 
from  a  point  seventy  feet  above  Clouet  street  to  a  point 
seventy  feet  above  Louisa  street,  be  and  the  same  is 
hereby  designated  as  a  landing  place  for  boats,  barges, 
or  other  water  craft,  to  receive  coal  from  cars,  subject 
to  all  conditions  of  the  wharf  lease  and  other  conditions 
herein  set  forth. 

Art.  3198    (2)  That  from  and  after  the  passage  of  this    consent  of 
ordinance,  no  permission  to  use  any  portion  of  the  levee  ord.*^No.  4782, 
in  front  of  this  city  for  the  purpose  of  keeping  a  coal    bee,  1878. 
landing  shall  be  granted  to  any  person  or  persons  with- 
out the  unanimous   consent   and  approval   of  the  City 
Council. 

Art.  3199.  That  the   word  ''  landing,"  used  in  Ordi-    Landing  de- 
nance  No.  4782,  Administration  Series,  does  not  mean  oV.  No.  4805, 
to  prohibit  the   landing  at  the  levees  of  coal  boats  or    bee,  1875. 
barges,  but  repeals  all   privileges   of   coal  yards  on  the 
levees  of  the  river  front ;  further,  it  does  not  imply  that 
batture  property  belonging  to  the  city  may  not  be  rented 
for  coal  yards ;  provided  that  said  yards  do  not  obstruct 
the  egress  and  ingress  to  the  wharves  and  landings. 

Art.  3200.  (1)  That  the  Touro  Square,  in  the  Third 
District,  be  and  the  same  is  hereby  designated  as  a  coal 


1188  WHARVES. 

Lambert  &  landing,  to  be  occupied  as  such  by  A,  Lambert  &  Co.. 
&  Roc  a  andHebrard  &  Roca  and  H,  I.  Montagnet,  each  to  be  enti- 
net.  '      "  ^  tied  to  sixty  feet  front,  according  to  lines  to  be  furnished 
A.  s.'     ■       '  by  the  City  Surveyor,  under  the  supervision  and  with 
"^■' '  ^'    the  approval  of  the  Administrators  of  Commerce  and 
Improvements. 
Term  of  lease     Art.  3201.  (2)  That  Said  A.  Lambert  &  Co.,  Hebrard 
&  Roca  and  H.  I.  Montagnet  shall  have  the  privilege  of 
occupying  and  using  said  portions  of  the  Touro  Square  for 
the  term  of  five  years,  unless  the  same  should  be  required 
for  the  use  of  the  city,  in  which  case  the  city  reserves 
the  right  to  revoke  said  privilege  after  sixty  days'  noti- 
fication. 
^^°*-       lb.     Art.  3202.  (3)  That  for  the  first  year  said  A.  Lambert 
&  Co.,  Hebrard  &  Roca  and  H.I.  Montagnet  shall  pay  no 
rent  for  said  square  of  ground,  but  that  for  the  subse- 
quent years  they  shall  pay  each  to  the  city  of  New  Or- 
leans a  monthly  rental  of  $25,  payable  in  advance. 

vmlre^^Des*     ^^'^-  ^^^^-  C^)  "^^^^  ^^^  ^^^^  portiou  of  the  river  front 
iorges.'Mon-in  ^j^q  Third    District    between  Port   and    St.    Ferdi- 

tagnet    &    Co., 

A.  Lambert  &  naud  strccts,  bc  and  the  same  is  hereby  set  apart  as  a 
^oni.  No. 7400,  coal  boat  landing  for  the  use  of  Messrs.  Denegre  & 
Oct..  1881.  Villere,  Desforges,  Montagnet  &  Co.,  A.  Lambert  & 
Co.,  and  other  coal  dealers;  provided,  that  they  remove 
from  said  batture  all  snags,  piles,  logs  and  other  ob- 
structions which  now  or  may  hereafter  exist  therein, 
and  to  keep  the  same,  the  levee  and  bulkheading  border- 
ing thereon  in  good  order  and  condition  during  the 
continuance  of  this  privilege. 

Fordischarg-     Art.  3204.  (2)  That  this  privilege  shall  continue  un- 
mg  coa .      ^^  ^^  ^^^  ^^^^  ^^^  ^^  ^^^^  ^^^^  ^  provided,  that  the  grantees 

herein  shall  not  place  any  coal  on  the  levee  or  landing 
bordering  said  privilege,  but  shall  use  the  same  solely 
for  discharging  their  coal,  etc. 
Repealing     Art.  3205.  (3)  That  resolution  No.  7111,  Ordinance 

other     o  r  d  i  -  •  « • 

.nances.  No.  7345,    A.   S.,  and  all  other  ordinances  m  conflict 

herewith  be  and  they  are  hereby  repealed. 

Art.  3206.  (1)  That  that  portion  of  the  river  front 
between  Race  and  Robin  streets,  commencing  at  a  point 
twenty  feet  from  the  river  side  of  Water  street  (making 


WHARVES.  1189 

said  street  eighty  feet  in  width  instead  of  sixty  feet  as    w.  g.  coyie 
at  present  laid  out),  and  extending  to  the  water's  edge,  Miitenberg'er  & 

-  .,,  ,  ,  11T  T  Co.,  B.D.Wood 

be  and  the  same  is  hereby  set  apart  as  a  coal  landing  and  &  Bros.,  w.  g. 

„  ,  ,  „    -TT      /^       /-(       1        o      /^  /^         »      Wilmot  &  Co.^ 

depot  for  the  sole  use  of  W.  G.  Coyle  &  Co.,  C.  A.  wiiuam  Lee. 
Miltenberger  &  Co.,  William  Lee,  B.  D.  Wood  &  Bros.,  Nov!,' issi." 
and  W.  J.  Wilmot  &  Co.  and  other  coal  dealers,  they 
paying  their  pro  rata  of  expense,  for  the  period  of  ten 
years  from  the'  grant  of  this  privilege  j  provided,  that 
for  and  in  consideration  thereof  the  parties  hereinbefore 
mentioned  do  bind  themselves  to  remove  all  obstructions 
now  on  said  street  to  the  lines  hereinbefore  mentioned, 
and  further  obligate  themselves  to  fill  up  to  a  grade,  to 
be  designated  by  the  City  Surveyor,  the  said  property 
herein  designated  at  their  expense,  and  to  return  the 
same  to  the  city  of  New  Orleans  thus  improved,  without 
charge,  at  the  expiration  of  ten  years. 

Should  the  accretions  continue  to  that  extent  that  the 
demands  of  commerce,  in  the  judgment  of  the  Council, 
necessitate  the  opening  of  any  street  through  said 
property  without  rendering  said  property  useless  for  the 
purposes  for  which  it  is  intended,  whatever  space  may 
be  required  for  such  street  shall  be  left  open  for  public 
use  without  charge  to  the  city. 

It  is  understood  that  after  the  expiration  of  one  year    t  o    remove 
they  shall  remove  the  bulkhead  on   Pilie  street  and  be  *    ib. 

allowed  to  extend  their  limits  twenty  feet  further  in  the 
river. 

Art.  3207.  That  the  privileges   granted  under  Ordi-    Transfer  t  o 
nance  7427,  A.  S.,  setting  aside  certain  portion  of  theco. 
river  front  as   coal    landings   to   the   persons   therein  c.s.'    °'^^*^' 
designated,  be   and  the   same   is   hereby  assigned   and       *^  '*'  ' 
transferred    to    Messrs.    W.    G.    Coyle   &   Co.,    James 
Sweeney,  Wood,  Schneidau  &  Co.  and  Fred.  B.  Nunn, 
from  the  passage  of  this  ordinance  until   the  expiration 
of  the  wharf  lease  now  before  the  Council  for  adjudica- 
tion, upon  the  terms  and  conditions  of  Ordinance  7427, 
A.  S. ;  provided,  that  said  grantees  shall  at  once  put  in 
thorough  repair,  and  at  all  times  during  the  continuance 
of  this  grant  keep  in  good  order   and  condition,  satis- 
factory to  the  Commissioner  of  Public  Works  and  City    . 


1190  WHARVES. 

Engineer,  the  roadway  in  the  rear  of  this  grant  and  the 

approaches  thereto,  viz. :  Race  and  Robin  streets,  from 

Tchoupitoulas  street  to  and  including  said  roadway. 

^|J.  o^&  N^  K.     Art.  3208.  That  the  said  New  Orleans  &  Northeastern 

gr^nt.   *  Railroad  Companv  and  its  assigns  shall  have   the  right , 

Ord.  No.  5834,         T       1  o     ^' 

"^'oe     1801      ^  same  is  hereby  conferred  upon  it,  to  construct 

and  maintain  on  said  river  front,  in  the  space  indicated 
above,  such  wharves,  piles  and  machinery  and  other 
structures  as  shall  be  necessary  for  the  convenient  hand- 
ling of  coals ;  provided,  that  this  privilege  shall  only 
continue  so  long  as  said  company  shall  keep  said  wharf 
in  repair,  and  construct  same  to  the  satisfaction  of  the 
City  Engineer  and  Commissioner  of  Public  Works ;  and 
provided  further,  that  the  said  wharf  shall  be  open  to 
the  use  of  any  railroad  terminating  in  the  city  of  New 
Orleans  at  an  agreed  rate  of  trackage  between  the  rail- 
roads connecting  therewith. 
N.o.  &Aia-      Art.  3209.     (1)    That   permission   be   and  is  herebv 

bamaCoal  and  ,  ,  "^ 

Aiininp  Co.      granted  and  given  to  the  New  Orleans  and  Alabama  Coal 

Ord.  No.  2234,         ,   ,^.     .  ^ 

<:.  s.  and  Mining  Company  and  its  assigns,  to  use  for  a  period 

'  of  twenty-five  years  from  this  date,  the  strip  of  public 
ground  comprised  within  Water  street  or  the  Belt  Rail- 
road track  and  the  levee,  the  property  of  the  New 
Orleans  Gas  Light  Company,  and  Richard  street,  as  a 
place  for  receiving  and  shipping  coal,  coke,  etc.,  by  cars, 
boats,  barges  or  otherwise,  with  privilege  of  construct- 
ing thereon  switches  and  turnouts,  and  of  constructing 
therefrom  a  switch  to  the  river  front,  to  carry  to  and 
receive  from  boats  or  other  water  craft,  the  coal,  coke, 
etc.,  of  the  company;  provided,  that  nothing  herein 
contained  shall  be  construed  as  interfering  with,  or 
abridging  in  any  manner  the  rights  of  the  present  wharf 
lessees. 

•Consideration.  Art.  3210.  (2)  That  in  consideration  of  this  privilege 
'  said  New  Orleans  and  Alabama  Coal  and  Mining  Com- 
pany shall  fill  in  with  river  sand  or  other  suitable  mate- 
rial, within  six  months  after  the  promulgation  of  this 
ordinance,  the  pond  or  space  adjoining  the  Gas  Com- 
pany's property,  and  between  the  bulkhead  and  the 
present  line  of  the  levee. 


WHARVES.  1191 

Art.  3211.  (3)  That  in  the  contract  to  be  executed    to  hold  city 
under  this  ordinance,  the  grantee  or  grantees  shall  bind  *    ib. 

themselves  and  each  of  them  to  hold  the  city  of  New 
Orleans  harmless  for  any  action  which  may  be  brought 
by  any  party  or  parties  to  be  affected  by  any  of  the  pro- 
visions of  this  ordinance;  provided,  that  no  coal  or 
other  material  shall  be  placed  on  any  portion  of  said 
ground  which  shall  in  any  manner  interfere  with  the 
free  and  unobstructed  access  of  the  New  Orleans  Water- 
works Company  to  any  of  its  pipes,  or  connections 
passing  through  or  lying  thereon ;  provided,  this  shall 
not  prevent  the  laying  of  tracks  across  said  ground. 

Art.  3212.  (4)  That  all   ordinances  in   conflict   with    Repealing 
the  foregoing  be  and  the  same  are  hereby  repealed.  '        ib. 

Art.  3213.  (1)  That   permission  be  and  the  same  is    La.  Electric 
hereby  granted  to  the  Louisiana  Electric  Light  and  Power  Powlr  Co.*  ° 
Company,  its  successors  and  assigns,  to  use  for  a  period  of  c.  s.'    °'*  ^  ' 
twenty-five  years  from  the  date  of  the  passage  of  this    ^°'''  ^^'  '^^^' 
ordinance,  the  strip    of  public  ground   comprised   be- 
tween Water  street  or  the  Belt  Railroad  track,  to  the 
line  of  the  public  road  fronting  the  river,  Richard  street 
and  Market  street,  as  a  place  for  receiving  coke,   coal, 
oil,  etc.,  in  consideration  for  which  the  Louisiana  Elec- 
tric Light  and  Power  Company   shall  keep   the  levee 
from  Richard  to  Market  street  well  lighted  during  the 
term  of  this  grant. 

Art.  3214.  (2)  That  the  Mayor  be  and  he  is  hereby  to  hold  city 
instructed  to  pass  a  notarial  act  embodying  the  provi-  "*"  #^'  ib. 
sions  of  this  ordinance,  and  that,  in  said  act,  the  said 
Louisiana  Electric  Light  and  Power  Company  shall  bind 
itself  to  hold  the  city  harmless  against  any  recovery  of 
damages  which  may  be  obtained  in  any  action  which 
may  be  brought  by  any  party  or  parties  to  be  affected 
by  any  of  the  provisions  of  this  ordinance. 

Art.  3215.  (3)  That   all  ordinances  in  conflict  with    Repealing 
this  ordinance  be  and  the  same  are  hereby  repealed ,  and  '^^*"*®-        ^^^ 
that  this  ordinance  shall  go  into  effect  from  and  after  its 
passage. 

Art.  3216.  That  B.  D.  Wood  &  Sons,  and  Desforges 
&  Jung,   be  and  they  are  hereby  authorized,  at  their 


1192  WHARVES. 

B.  D.  Wood  own  expense,  to  erect  and  keep  in  order  raoorinjr  posts^ 

&    Sons,    Des-  -,  -,  mt  t  i  i  i  , 

forges  &  Jung,  and  roads,  fill  up  and  make  level,  make  landing  and 
c.  s.'    °"  '^'^^*  plank  road  outside  of  the  levee  on  the  river  front,  be- 
'  tween  Robin  and  Henderson  streets,  and  use  the  same  as 
a  eoal  landing  for  the  term  of   ten  years,  but  revocable 
at   the  pleasure  of  the  Council,  this  grant  not   being 
transferable  except   with   the  consent  of   the  Council. 
The  plank  road   in  the  rear  of  Water  street ;  the  ap- 
proaches thereto,   viz. :    Robin  and  Henderson  streets, 
from  Tchoupitoulas  street  to  said  roadway,  to  be  kept 
in  perfect  repair  by  said  grantees,  the  upper   half  of 
said  landing  for  use  by  B.  D.  Wood  &  Sons,  and  the 
lower  half  by  said  Desforges  &  Jung,  each  sharing  pro 
rata  all  improvements  to  be  made. 
Repealing     Art.  3217.  That  all  rcsolutious  or  privileges  hereto- 

clause. 

lb.  fore  passed  or  granted  in  conflict  herewith  be  and  are 
hereby  repealed. 
Wharf  .ige     Art.  3218.  That  nothing  herein  shall  be  construed  at? 
lb.  relieving  the  said  grantees  from  payment  of   wharfage 
or  similar  dues  provided  by  law. 
Cotton  lo-     Art.  3219.  That  so  much  of  the  wharves  and  land 
Ord.  No.  2883,  ings  of  the  city  of   New  Orleans,  from  Canal  street  to 
*Dec.,  1874.     Gravier  street,  be  and  the  same  is  hereby  designated  and 
appropriated  as  a  cotton  landing  for  the  Vicksburg  and 
Memphis  packets  ;  and  from  Gravier  street  to  Julia  street 
be  and  the  same  is  hereby  designated  and  appropriated 
as  a  produce  landing. 
Lugferio-      Art.  3220.  That  all  that  portion  of  the  river  front 
ord?No.  334S,  embraced  between  St.  Philip  and  Hospital   streets  be 
Nov.  20, 1888.  and  the  same  is  hereby  set  aside  and  appropriated  as  a 
landing  for  luggers. 
cia!ase  *  *  ^  * "  ^     Art.  3221.  That  all  ordinances  or  parts  of  ordinances 
^^-  in  conflict  with  the  provisions  of  this  ordinance  be  and 
the  same  are  hereby  repealed. 
timbSocation     ^^'^-  ^222.   That  that  portion  of  the  public  wharves 
^ord.  No,  4435,  ^f  ^jjg  ^j^y  jj^  ^]^^  Third  District,  commencing  at  the  head 
April  IS,  1890.  Qf  Montegut  street,  and  extending  about  500  feet  below 
the  lower  line  of  the  New  Orleans  &  Northeastern  Rail- 
road Company' s  wharf  to  a  point  near  the  head  of  Clouet 
street,  be  and  the  same  is  hereby  designated  as  a  place 


WHARVES.  1193 

for  mooring,  landing  and  loading  vessels,  barges  or 
other  water  craft,  used  and  employed  for  the  handling  of 
lumber  and  timber  during  the  months  of  April,  May, 
June,  July,  August  and  September  only,  for  the  period 
of  ten  years,  subject  to  all  the  conditions  of  the  wharf 
lease  and  other  conditions  herein  set  forth. 

Art.  3223.  That  a  certain  portion  of  the  levee  space  Molasses  aod 
or  landing  comprised  within  the  prolongation  of  Conti  ^  cfr^a!  No.  8129' 
and  St.  Louis  streets,  the  present  line  of  the  Louisville  Nov.  9,  issa. 
&  Nashville  Railroad  track  and  the  Mississippi  river, 
not  to  exceed  one  hundred  feet  in  width,  commencing  at 
the  line  of  said  railroad  and  extending  to  a  line  at  said 
distance  to  be  established  by  the  City  Surveyor;  the 
same  to  be  run  parallel  with  said  track,  from  the  present 
lower  line  of  Conti  to  the  present  upper  line  of  St.  Louis 
street,  and  to  be  divided  or  separated  by  post  or  run- 
ners, be  and  the  same  is  hereby  set  apart  and  reserved 
by  the  city  of  New  Orleans  as  a  sugar  landing  for  the 
reception  of  all  sugar  and  molasses  arriving  in  this  city 
by  rail,  and  any  person  or  persons  found  depositing^ 
placing  or  landing  any  of  such  sugar  or  molasses  be- 
yond the  above  mentioned  or  established  lines  or  bound- 
aries, by  dray,  wagon  or  otherwise,  shall  be  considered  Penalty, 
as  violating  the  spirit  of  this  ordinance,  and  shall  be 
arrested  for  such  violation,  and  fined  the  sum  of  from 
five  to  twenty-five  dollars  for  each  offence,  or  imprison- 
ed for  a  term  of  from  five  to  thirty  days,  at  the  dis- 
cretion of  the  Recorder  of  the  district  in  which  the 
offence  or  violation  is  committed. 

Art.  3224.  That  all  ordinances  or  parts  of  ordinances  Repeaiine 
in  conflict  herewith   be   and   the   same  are   hereby  re-  ib.        ^  ^^^' 
pealed. 

Art.  3225.    That  the  portion  of  the  wharf  in  the  first    Produce   lo- 
district,  say  one  hundred  and  fifty  feet  from  the  lower '"orT'No.  275?, 
line  of  the  St.  Louis  and  Mississippi  Valley  Transporta-^juneai,  issj 
tion  Company,  be  and  the  same  is  hereby  set  apart  for 
thfe  use  of  the  flatboats    '^  in  the  produce  trade." 

Art.  3236.  That  all  ordinances  or  parts  of  ordinances  Repealing 
in  conflict  with  the  same  is  hereby  repealed.  clause. 

Art.  3227.  That  wharves  opposite  the  warehouses  of 


1194  WHARVES. 

Salt,  Messrs.  Jackson  &  Manson,  situated  between  Fourth  and 

Ord.  No.  7194, 

^\^;     00       Fifth   or   Washington   streets,    and   of  Jackson  &  Kil- 

July,  1881.  ^ 

Patrick,  situated  between  First  and  Second  streets,  be 
and  the  same  are  hereby  set  apart  as  a  salt  wharf  or 
landing  for  the  reception  or  shipping  of  the  same  from 
any  of  said  warehouses,  and  that  all  vessels  or  steam- 
boats arriving  with  or  for  such  cargoes  shall  have 
preference  of  landing  at  said  wharves ;  provided,  that 
no  such  goods  shall  be  placed  on  any  of  said  wharves  or 
landings  for  a  longer  period  or  in  a  greater  quantity 
than  may  be  deemed  safe  by  the  wharfinger  of  the  dis- 
trict. This  permission  revocable  at  the  pleasure  of  the 
Council. 

PRIVILEGES. 

Art.  3228.  Whereas,  certain  steamship  lines  have 
been  granted  preference  privileges  of  the  larger  portion 
of  wharves  along  the  river  front,  on  condition  that  they 
keep  the  approaches  to  said  wharves  in  good  condition 
during  the  existence  of  their  privilege. 
Approaches  Therefore,    be   it  resolved,    That  the  Commissioner  of 

Ord.  No.  SS71' Public  Works  notify  the  said  steamship   lines,  or  their 
Jsept.  1, 1891.  authorized   agents,  to   have    said    approaches   repaired 
within  sixty  days,  to  the  satisfaction  of  the  Administra- 
tor of  Public  Works ;  otherwise  all  ordinances  granting 
said  privileges  be  and  the  same  are  hereby  repealed. 

MISSISSIPPI   VALLEY   TRANSPORTATION    COMPANY. 

Location.  Art.  3229.  (1)  That  that  portion  of  the  public  wharves 

A.  s.*  ^  °'  '''^^*  of  the  city  laying  in  the  First  District  of  the  city,  com- 
mencing at  a  point  577  feet  above  the  lower  line  of  the 
wharf  known  as  the  Morgan  wharf,  and  extending  to  a 
point  seventy-five  feet  below  the  same  lower  line  of  Mor- 
gan's wharf,  be  and  the  same  is  hereby  designated  and 
set  apart  as  the  place  for  mooring,  landing  and  unload- 
ing the  vessels,  barges  or  other  water  crafts  used  and  em- 
ployed by  the  Mississippi  Valley  Transportation  Com- 
pany, of  East  St.  Louis,  Illinois,  a  corporation  duly 
created  by  law,  in  the  transportation  of  freight  between 
the  city  of  New  Orleans  and  other  points  on  the  Mis- 


WHARVES.  1195 

sissippi  river  and  its  tributaries,  for  the  period  of  eight 
years,  subject  always  to  the  conditions  herein  set  forth. 

Art.  3230.  (2)  That  the  said  Mississippi  Valley  Exclusive  use 
Transportation  Company,  thpir  successors  and  assigns,  pancy. 
shall  have  the  exclusive  use  and  occupancy  of  said 
wharves,  and  shall  not  be  ousted  therefrom  by  any 
ordinance  or  wharf  regulation  for  or  during  the  above 
named  period,  unless  said  company  shall  have  been,  by 
due  legal  proceedings,  adjudged  to  have  forfeited  its 
rights  granted  by  this  ordinance,  and  any  and  all 
contracts  made  under  the  authority  thereof,  and  in 
accordance  therewith. 

Art.  3231.  (3)  That  the  said  Mississippi  Valley  conditions  of 
Transportation  Company  shall  have  the  use  and  occu-  *  lu 
pancy  of  the  said  wharves,  subject  to  the  following 
conditions :  Said  company  shall  be  in  all  things,  in  so 
far  as  the  use  and  occupancy  of  said  wharves  are  con- 
cerned, subject  to  all  general  ordinances  and  wharf 
regulations  applying  generally  to  the  entire  levee,  under 
the  control  of  the  municipal  authority  of  the  city; 
provided,  such  ordinance  or  regulation  does  not  dis- 
criminate against  said  company  in  the  use  of  said 
wharves,  to  the  injury  and  prejudice  of   said  company. 

Art.  3232.  (4)  That  said  company  shall  have  the  right  Right  to  pos- 
to  enter  upon  and  take  possession  of  said  wharves  at  once  ***^'*'"'''  JJ- 
and  without  delay,  and  make  any  and  all  such  repairs  as 
may  be  necessary  to  render  said  wharves  secure  and 
adapted  to  its  use.  That  said  company  shall  render  to 
the  city  full,  true  and  exact  accounts  of  all  material 
used  and  labor  expended  in  the  repair  and  improvement 
of  said  wharves,  under  the  direction  of  the  Administra- 
tor of  Improvements  and  City  Surveyor,  accompanied 
with  vouchers  showing  the  actual  cost  of  such  repairs 
and  improvements,  which  account,  when  found  to  be 
true  and  correct  by  the  Administrator  of  Accounts,  as 
the  proper  auditing  officer  of  said  corporation,  and  cer- 
tified to  by  the  City  Surveyor,  shall  be  passed  to  the 
credit  of  said  company  in  cash,  and  the  said  company 
shall  be  charged  with  all  wharf  dues  legally  chargeable 
against  said  company  for  the  use  of  said  wharves  until 


1196  WHARVES. 

the  total  of  wharf  dues  so  charged  and  due  shall  equal 
the  amount  expended  by  the  company  in  the  repairs  or 
improvements  of  said  wharves,  when  the  same  shall  be 
balanced,  and  said  company's  demand  against  the  city 
for  such  repairs  discharged,  provided  always  that  the 
company  shall  be  chargeable  with  and  required  to  pay 
the  same  rate  of  wharfage  on  levee  dues  as  other  per- 
sons, corporations  or  associations  landing  or  unloading 
goods  in  this  city  from  vessels,  or  using  the  wharves  or 
levee  for  any  purpose  connected  with  navigation, 

Bncroach-^^^  Art.  3233.  (5)  That  should  the  river  encroach  upon 
lb.  the  bank  at  the  place  where  said  wharves  are  situated  to 
such  an  extent  as  to  sweep  away  the  artificial  work  or 
wharf,  or  so  much  thereof  as  to  materially  impair  its 
usefulness  to  said  company,  then  said  company  shall 
not  be  required  to  retain  the  same,  but  may  abandon 
the  same,  or  repair  and  rebuild  the  wharf  upon  the  same 
terms  as  to  payment  and  reimbursement  as  provided  in 
this  ordinance  for  repairs  or  improvements,  as  it  may 
elect.  If,  on  the  other  hand,  the  shore  of  the  levee 
should  recede  from  the  present  levee  or  wharf  front,  by 
filling  or  otherwise,  or  from  any  other  cause  it  should 
become  expedient  to  extend  said  wharf  out  toward  the 
water,  or  to  construct  an  apron  in  front  of  said  wharf, 
then  and  in  that  case  said  company  shall  have  the  right 
to  extend  the  same  upon  the  same  terms  and  subject  to 
the  same  conditions  as  the  reimbursement  of  mohey  ex- 
pended in  such  extension  as  hereinabove  provided  in 
case  of  repair  and  improvements,  that  is  to  say,  may 
retain  the  amount  due  the  city  for  wharf  dues,  until 
said  company  shall  be  reimbursed  for  all  moneys  so  ex- 
pended ;  provided,  that  said  wharf  shall  not  be  extended 
more  than  fifty  feet  in  any  one  year  without  the  consent 
of  the  City  Council. 

Not  transfer-  Art.  3234.  That  the  privileges  hereby  granted  to  the 
lb.  Mississippi  Valley  Transportation  Company  shall  not  be 
transferable  without  the  consent  of  the  Council,  and  the 
Council  shall  have  the  right  to  withdraw  said  privilege 
and  annul  the  contract,  in  the  event  of  the  company 
ceasing  to  use  the  wharves,  or  using  them  so  little  that 


WHARVES.  1197 

the  revenues  derived  therefrom  by  the  city  shall  be  less 
in  any  one  year  than  two-thirds  of  the  amount  fairly 
estimated  that  would  have  been  received  from  transient 
vessels  or  those  having  no  special  privilege. 

Art.  3235.  That  nothing  in  this  ordinance,  or  in  the  city  not  Uabie. 
grant  of  wharves  or  other  rights,  or  in  the  notarial  act 
made  in  pursuance  of  this  ordinance,  shall  be  construed 
as  binding  the  city  of  New  Orleans,  or  making  the  said 
city  liable  directly,  or  in  warranty,  for  any  claims  of 
citizens  or  corporations  on  account  of  said  ordinance, 
grant  or  notarial  act,  or  any  claims  for  infringement  of 
rights,  or  damage  to  person  or  property  caused  by  the 
grantees,  or  in  any  way  resulting  from  the  construction 
and  use  of  said  wharves  by  the  said  grantees,  or  for  any 
claims  for  damages,  losses  or  injuries  sustained  by  the 
said  grantees,  or  their  successors  or  assigns,  in  case 
they  should  be  deprived  of  their  rights,  or  be  interfered 
therewith  in  the  exercise  thereof  by  any  person  what- 
ever, save  it  be  the  lawfully  constituted  authorities  of 
the  city. 

Art.  3336.  That  the  Mayor  is  authorized  and  directed  Notarial   con- 
to  enter  into   a  notarial   act  of  contract   with  the  said  '       ib 
■company  or  its  agents,  to  secure  to  the  city  and  to  said 
company  the  respective  rights  and  privileges  named  in 
this  ordinance,  in  accordance  with  the  spirit  and  intent 
thereof. 

RED   RIVER   PACKET   LANDING. 

Art.  3237.  That  said  Red  River  packet    landing   be  ord.No.  assj, 
and  the  same  is   also   hereby  assigned  as   a  steamship  ^'  ^" 
landing. 

C,  ST.  L.  &  N.  O.  RAILROAD. 

Art.  3238.  (1)  That  all  that  portion  of  the  whai-ves  of    Dec,  1871. 
the  city  extending  from  the  lower  line  of  the  New  Orleans  ord?  N'0.%37, 
Pacific   Railway   grant   for   wharves  down   to   a  point    May,  issi. 
within   two   hundred  and  twenty- five  feet  of  the  upper 
line   of   the   present  wharf  of  the  Louisville  &  Nash- 
ville Railroad  is  hereby   set  apart  for  the  use  of  and   as 
a,   landing   place   for  steamboats,    barges,    steamships, 
sailing  vessels  and  other  water  crafts,  delivering  cargoes 


1198  WHARVES. 

to  or  receiving  cargoes  from  the  Chicago,  St.  Louis  & 
New  Orleans  Railroad  Company ;  provided,  however,  that 
it  is  not  the  intention  of  this  ordinance  to  give  said  rail- 
road company  the  exclusive  right  to  use  said  wharves,, 
but  only  to  give  such  preference  in  the  use  thereof  as 
will  facilitate  the  transaction  of  the  business  consigned 
to  and  from  said  railroad  company. 

Subject  to  au  Art.  3239.  (2)  That  the  Said  wharves  hereby  sct  asidc" 
»iatfons.  ^^^  shall  continue  subject  to  all  the  rules  and  regulations  of 
■  the  Council  pertaining  to  the  wharves,  and  that  the  har- 
bor master,  or  wharfinger  shall  not  assign  the  use- 
thereof  to  vessels  other  than  those  doing  business  with 
said  railroad  company,  except  when  such  assignment 
shall  not  interfere  with  the  delivery  or  receipt  of  car- 
goes to  and  from  said  railroad ;  and  provided  further, 
that  any  vessel  or  vessels  occupying  said  wharves  and 
not  engaged  in  discharging  cargoes  to  or  receiving  car- 
goes from  said  railroad  company  shall,  at  the  request  of 
said  railroad  company,  be  required  to  haul  outside,  to 
admit  any  vessel  to  land  at  said  wharf  to  discharge  or 
receive  cargoes  to  or  from  said  railroad  company. 

Renewal  of  Art.  3240.  (3)  That  permission  is  hereby  granted  to 

wli&rvcs. 

lb!  the  said  Chicago,  St.  Louis  &  New  Orleans  Railroad 
Company  to  renew  the  wharves  herein  set  aside  for  its 
use,  and  from  time  to  time  to  fill  up  said  wharf  for 
such  distance  as  will  leave  at  least  sixty  feet  of  wharf 
superstructure,  and  to  construct  such  improvements, 
betterments  and  repairs  upon  and  to  the  same  as  may 
be  necessary  to  render  and  keep  them  in  all  respects 
suitable  and  proper  for  the  transaction  of  the  business 
of  said  railroad  company ;  provided,  that  a  plan  of  such 
renewals,  improvements  and  repairs  shall  be  first  ap- 
proved by  the  City  Council ;  the  cost  of  such  renewal, 
improvements  and  repairs,  to  the  extent  that  said  cost 
may  represent  the  cost  of  renewing,  improving  and  re- 
pairing the  said  wharves  according  to  specifications  on 
file  in  the  City  Surveyor's  office,  shall  be  reimbursed  to 
the  said  railroad  company  out  of  the  revenues  derived 
from  the  wharves  herein  designated,  by  such  party  or 
parties  as  may  be  authorized  to  collect  such  revenues ;. 


WHARVES.  1199 

provided,  that  no  vessels  or  water  craft  shall  use  this 
landing  to  receive  or  discharge  cargoes  without  paying^ 
the  usual  wharf  dues ;  and  that  the  payments  so  to  be 
made  to  the  said  railroad  company  in  reimbursement  by 
the  lessees,  or  such  person  as  the  city  may  authorize  to 
collect  the  wharfage,  shall  only  be  required  to  be  made 
at  the  end  of  each  three  months,  and  shall  embrace  the 
entire  revenue  collected  from  said  wharves  until  the 
full  amount  shall  have  been  refunded  to  the  said  rail- 
road company.  It  is  also  understood  that  nothing  in 
this  ordinance  shall  be  construed  to  grant  to  said  rail- 
road company  the  right  to  collect  the  revenues  of  said 
wharves  unless  authorized  by  said  city  to  do  so,  or  to 
interfere  with  the  right  of  the  city  to  collect  the  same 
in  such  manner  as  the  said  city  may  elect. 

Art.    3241.  (4)  That  the  said  Chicago,  St.  Louis  &  tc  construct 
New  Orleans  Railroad  Company  is  hereby  authorized  to  ibl 

construct  and  maintain  such  track  or  tracks  to,  along  or 
upon  the  said  wharves  and  landing  as  may  be  necessary 
for  the  convenient  and  expeditious  transaction  of  the 
business  of  said  railroad  company ;  provided,  that  any 
track  laid  upon  said  wharves  shall  be  flush  with  the 
planking,  so  as  to  offer  no  impediment  in  crossing  over 
said  track ;  and  the  said  railroad  company  may  erect  a 
shed  or  sheds  over  so  much  of  said  wharves  or  such 
portion  filled,  hereby  set  apart  for  them,  as  may  be  nec- 
essary to  protect  fruit,  coffee,  provisions,  cotton  and 
other  merchandise,  liable   to  damage  by  exposure  to  the  ^ 

weather. 

Art.  3242.   (5)  The  said  railroad  company  shall  have  Removal  of 
the  right  to  remove  from  the  said  wharf  or  landing,  at  the  *  ^ib.' 

expiration  of  this  grant,  any  shed  or  buildings  they  may 
have  erected  thereon  with  the  consent  of  the  City  Coun- 
cil, unless  the  said  city  or  wharf  lessees  shall  elect  to 
pay  for  and  retain  the  same  upon  the  said  wharves  or 
landings,  at  their  valuation  of  such  sheds  or  buildings, 
to  be  determined  by  appraisement,  if  the  parties  thereto 
can  not  agree. 

Art.  3243.  (6)  The    said    railroad   company   hereby  consideration, 
agrees,  in  consideration  of  the  facilities  granted  to  it  by 


1200  WHARVES. 

setting  aside  said  wharves  and  landings  for  its  use,  to  keep 
Erato  street,  from  Pilie  street  to  said  wharf,  and  Gaien- 
nie  street,  from  Pilie  street  to  said  wharf,  in  good  order 
and  condition  for  ingress  and  egress  to  and  from  said 
wharves  and  landings,  set  aside  to  and  known  as  the 
Chicago,  St.  Louis  &  New  Orleans  Railroad  Company 
wharf,  during  the  continuance  of  this  assignment  of  said 
wharves  and  landings  to  the  Chicago,  St.  Louis  &  New 
Orleans  Railroad  Company. 
Terms  of  Art.  3244.  (7)  That   this  ordihance  shall  be   in  full 

grant.  ^     ' 

lb.  force  and  effect  the  first  day  of  June,  1891,  for  a  term  of 
ten  years. 

T.  &  G.  FORWOOD. 

Location.  Art.  3245.  (1)  That   four   hundred  (400)  feet  of  the 

Ord.  No.  707s,  ^  ^ 

A.  s.  river  front,  from  the  upper  end  of  the  N.  O.  &  T.  Railway 

wharf,  say  on  a  line  with  the  lower  end  of  Terpsichore 
street,  and  running  up  stream  to  a  point  in  front  of 
Henderson  street,  according  to  a  survey  of  the  same 
(the  lines  and  distances  of  which  to  be  furnished  by  the 
City  Surveyor),  be  and  the  same  is  hereby  set  apart, 
during  a  term  of  ten  years,  from  the  1st  of  September, 
1881,  for  the  use  of  steamships  of  which  T.  &  G.  For- 
wood  are  agents  5  but  this  is  not  to  be  construed  as  an 
exclusive  privilege  to  T.  &  G.  Forwood,  except  that  they 
shall  have  the  preference  to  the  use  ofc*  such  wharves 
whenever  they  have  a  steamship  in  port,  or  immediately 
due,  to  occupy  the  wharf. 

Dues.  Art.  3246.   (2)  That  all  steamships  and  vessels  land- 

'  ing  at  that  wharf  will  pay  the  authorized  collector  of 
wharves  and  levee  dues  the  customary  wharves  and 
levee  dues  of  the  port. 

Woodwork,  Art.  3247.  (3)  That  the  lessees  of  wharves,  under 
*  Ordinance  No. ,  A.  S.,  be  required  to  build  and  com- 
plete the  woodwork  of  the  wharf  four  hundred  feet  long 
from  the  upper  end  of  the  N.  O.  &  Pacific  Railway 
wharf  by  the  1st  September,  1881. 

Bulkhead.  Art.  3248.  (4)  That  T.  &  G.  Forwood  be  permitted 

'  to  build  a  new  bulkhead  400  feet  long,  in  a  Ime  parallel 

with  and  seventy-two  feet  from  the  bulkhead  now  exist- 


lb. 


WHARVES.  1201 

ing,  aud  extending;  along  the  river  front  400  feet  from 
the  upper  end  of  the  N.  O.  &  P.  Railway  wharf. 

Art.  8249.   (5)  That  T.  &  G.  Forwood  be  permitted  to  Fining, 
fill  with  the  river  sand  to  be  taken  from  the  battnre  or  ac- 
cretion outside  of  the  new  bulkhead    referred  to  above, 
all  that  space  requiring  filling  to  be  flush  with  the  wharf 
between  the  new  bulkhead  and  the  present  bulkhead. 

Art.  32.")0.  (6)  That  T.  &  G.  Forwood  are  hereby  au-shed. 
thorized  to  construct  and  maintain  for  their  exclusive  pur- 
pose, for  a  term  of  ten  years  from  the  1st  of  September, 
1881,  a  suitable  and  substantial  shed  not  exceeding  four 
hundred  feet  long  and  seventy  feet  wide,  on  the  site 
between  the  new  bulkhead  above  referred  to  and  the 
present  bulkhead. 

Art.  3251.  (7)  That  T.  &  G.   Forwood  shall  have  the  to  remove 

^     '  sheds,  etc. 

right  to  remove  from  the  said  wharf  or  landing,  at  the  ex-  ib. 

piration  of  this  grant,  any  shed  or  building  that  may  have 
been  erected  thereon  with  the  consent  of  the  City  Coun- 
cil, unless  the  said  city  or  wharf  lessees  shall  elect  to 
pay  for  and  retain  the  same  upon  said  wharves  or  land- 
ings at  the  then  valuation  of  such  sheds  or  buildings,  to 
be  determined  by  appraisement,  if  the  parties  thereto 
can  not  agree. 

Art.  3252.  (8)  That  for  and  in  consideration  of  the  to cover 
foregoing  privileges,  the  said  T.  &  G.  Forwood  are  hereby  ibl 

required  to  cover  the  approach  leading  from  Henderson 
street,  from  Water  street  to  the  wharf  contemplated  in 
the  foregoing  privilege,  and  Pilie  street  and  the  landing 
along  said  four  hundred  feet  of  wharf  privilege,  a  suffi- 
cient thickness  of  hard  substances,  such  as  rock,  oyster 
shells  or  gravel,  and  to  keep  the  same  always  in  good 
order  and  condition;  all  of  which  improvements,  etc., 
shall  be  made  under  the  surpervision  of  the  Administra- 
tor of  Commerce  and  Improvements,  and  according  to 
specifications  to  be  furnished  by  the  City  Surveyor. 

LOUISVILLE   &   NASHVILLE   R.    R.    CO. 
(FORMERLY   NEW   ORLEANS,    MOBILE   &   TEXAS   R.    R.) 

Art.  3253.  (1)  That  all  that  portion  of  the  wharves  of    Landing^ 
the  city  extending  from  the  lower  line  of  the  C,  St.  L.  &  a.s. 


Ord.  No.  7a8«, 


N.  O.  R.  R.  grant  for   wharves  to  the  present  wharf  of      "^" ' 


1202  WHARVES, 

the  N.  O.,  M.  &  T.  R.  R.  Company  as  reorganized,  is 
hereby  set  apart  for  the  use  of  and  as  a  landing  place 
for  steamboats,  barges,  steamships,  sailing  vessels  and 
other  water  crafts  delivering  cargoes  to  or  receiving  car- 
goes from  the  N.  O.,  M.  &  T.  R.  R.  Company,  as  reor- 
ganized ;  provided,  however,  that  it  is  not  the  intention 
of  this  ordinance  to  give  said  railroad  company  the  ex- 
clusive rights  to  use  said  wharves,  but  only  to  give  it 
such  preference  in  the  use  thereof  as  will  facilitate  the 
transaction  of  the  business  consigned  to  and  from  said 
railroad  company. 

Use  of  wharf.  Art.  3254.  (2)  That  said  wharves  hereby  set  aside  shall 
'continue  subject  to  all  the  rules  and  regulations  of  the 
Council  pertaining  to  wharves  ;  and  that  the  harbor  mas- 
ter or  wharfinger  shall  not  assign  the  use  thereof  to  ves- 
sels other  than  those  doing  business  with  said  railroad 
company,  except  when  such  assignment  shall  not  inter- 
fere with  the  delivery  or  receipt  of  cargoes  to  and  from 
said  railroad  ;  and  provided  further,  that  any  vessel  or 
vessels  occupying  said  wharves  and  not  engaged  in  dis- 
charging cargoes  to  or  receiving  cargoes  from  said  rail- 
road company  shall,  at  the  request  of  said  railroad  com- 
pany, be  required  to  haul  outside  to  admit  any  vessel  to 
land  at  said  wharf  to  discharge  or  receive  cargoes  to  or 
from  said  railroad  company. 

Renewal  of  Art.  3255.  (3)  That  pcrmissiou  is  hereby  granted  to 

'^''Yb."  the  said  New  Orleans,  Mobile  &  Texas  Railroad  Company, 
as  reorganized,  to  renew  the  wharves  herein  set  aside  for 
its  use,  and  from  time  to  time  fill  up  said  wharf  for 
such  distance  as  will  leave  at  least  sixty  feet  of  wharf 
superstructure,  and  to  construct  such  improvements, 
betterments  and  repairs  upon  and  to  the  same  as  may 
be  necessary  to  render  and  keep  them  in  all  respects 
suitable  and  proper  for  the  transaction  of  the  business 
of  said  railroad  company ;  provided,  that  a  plan  of  such 
renewals,  improvements  and  repairs  shall  be  first  ap- 
proved by  the  City  Council ;  the  cost  of  such  renewal, 
improvement  and  repairs — to  the  extent  that  said  cost 
may  represent  the  cost  of  renewing,  improving  and 
repairing  the  said  wharves  according  to  specifications  on 


WHARVES.  1203- 

file  in  the  City  Surveyor's  office — shall  be  reimbursed  to 
the  said  railroad  compauyj  out  of  the  revenues  derived 
from  the  wharves  herein  designated,  by  such  party  or 
parties  as  may  be  authorized  to  collect  such  revenue  ,- 
provided,  that  no  vessels  or  crafts  shall  use  this  landing 
to  receive  or  discharge  cargoes,  without  paying  the  usual 
wharf  dues ;  and  that  the  payment  so  to  be  made  to  said 
railroad  company  in  reimbursement  by  the  lessees,  or 
such  person  as  the  city  may  authorize  to  collect  the 
wharfage,  shall  only  be  required  to  be  made  at  the  end 
of  three  months,  and  shall  embrace  the  entire  revenue 
collection  from  said  wharves  until  the  full  amount  shall 
have  been  refunded  to  the  said  railroad  company.  It  is 
also  understood  that  nothing  in  this  ordinance  shall  be 
construed  to  grant  to  the  said  railroad  company  the 
right  to  collect  the  revenue  of  said  wharves,  iinless 
authorized  by  said  city  to  do  so,  or  to  interfere  with  the 
right  of  the  city  to  collect  the  same  in  such  manner  as 
the  said  city  may  elect. 

Art.  3256.  (4)  That  the  said  New  Orleans,  Mobile  &  Tracks. 
Texas  Railway  Company,  as  reorganized,  is  hereby  au- 
thorized to  construct  and  maintain  such  track  or  tracks 
to,  along  or  upon  the  said  wharves  or  landings  as  may 
be  necessary  for  the  convenient  and  expeditious  trans- 
action of  the  business  of  said  railroad  company ;  pro- 
vided, that  any  track  laid  upon  said  wharves  shall  be 
laid  flush  with  the  planking,  as  to  offer  no  impediment 
in  crossing  over  said  track ;  and  the  said  railroad  com-  Sheds. 
pany  may  erect  a  shed  or  sheds  over  so  much  of  said 
wharves  or  such  portion  filled,  hereby  set  apart  for 
them,  as  may  be  necessary  to  protect  fruit,  coffee,  pro- 
visions, cotton  and  other  merchandise  liable  to  damage 
by  exposure  to  the  weather. 

Art.  3257.  (5)  That  said  railroad  company  shall  have  Right  to  re- 
the  right  to  remove  from  the  said  wharf  or  landing,  at  '"°^*  ^'^'ibl 
the  expiration  of  this  grant,  any  shed  or  buildings  they 
may  have  erected  thereon  with  the  consent  of  the  City 
Council,  unless  the  said  city  or  wharf  lessee  shall  elect 
to  pay  for  and  retain  the  same  upon  said  wharves  or 
landings  at  the  then  valuation   of   such   sheds  or  build- 


1204  WHARVES. 

ings,  to  be  determined  by  appraisement  if  the  parties 
hereunto  can  not  agree. 

Name.  Art.  3258.   (6)  Said  wharves  shall  be  known  as  the 

wharves  of  the  New  Orleans,  Mobile  &  Texas  Railroad 
Company,  as  reorganized,  and  during  the  continuance  of 
this  assignment  of  said  wharves  and  landings  to  the 
New  Orleans,  Mobile  &  Texas  Railroad,  as  reorganized. 

^in  goJd'con^  -^RT.  3259.  (7)  That  the  Louisville  &  Nashville  Railroad 
^•*'°'^-  jb.  ^o™P^^y  ^hall  keep  Calliope  street,  from  the  centre  of 
Water  street  to  the  wharf,  and  the  entire  front  or  levee 
room  granted  to  them,  in  good  order  and  condition,  ex- 
cept such  portion  or  portions  of  the  same  as  may  here- 
after be  occupied  by  the  Chicago,  St.  Louis  &  New  Or- 
,  leans  Railroad  Company,  which  will  be  required  to  be 
kept  in  like  good  order  and  condition  by  the  said  Chi- 
cago, St.  Louis  &  New  Orleans  Railroad  Company.  The 
said  Louisville  &  Nashville  Railroad  shall  also  cover  the 
said  front  or  levee  room  with  such  hard  substance  as 
may  be  designated  by  the  City  Surveyor,  similar  to  that 
used  in  covering  other  portions  of  the  levee.  They  are 
also  hereby  required  to  take  up  the  woodwork  of  their 
old  track  on  the  "Cotton  Levee,"  between  Canal  and 
Girod  streets,  and  fill  the  same  with  shell,  gravel  or  bal- 
last, and  shall  also  be  required  to  fill  up  the  batture'  at 
the  ''Barge  Landing"  to  the  grade  of  their  track. 

Not  to   affect     Art.  3260.   (8)  That   it   is   further    understood   that 

right   to    lay  ^    ' 

tracks.  nothing  herein  contained  shall  alEfect  the  right   of  the 

Chicago,  St.  Louis  &  New  Orleans  Railroad  Company  to 
lay  their  tracks  upon  the  wharf,  as  per  plans  and 
specifications  adopted  by  the  City  Council. 
Term  of  grant.  Art.  3261.  (9)  That  tMs  Ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  promulgation,  and 
be  and  remain  in  force  for  a  term  of  ten  years. 

ILLINOIS   CENTRAL   AND   LOUISVILLE   &   NASHVILLE 
RAILROAD   COMPANIES. 

Rieht.  Art.  3262.  (1)  That  all  that  part  of  the  wharves  and 

<?s.' ^°*  ^''^' landings  of   the  city,  extending  from  the  lower  line  of 
March  10. 189..  ^^^  ^^^^^  ^^  wharvcs  to  the  New  Orleans  Pacific  Rail- 
way Company,  as  shown  in  Jewell's  Digest,  revised  edi- 


WHARVES.  1205' 

tion  of  the  city  ordinances,  page  202,  to-wit:  from  the 
south  side  of  Thalia  street,  extended  to  the  Mississippi 
river  down  to  the  lower  or  northern  line  of  Calliope 
street,  be  and  the  same  is  hereby  set  apart  for  the  use  of 
and  as  a  landing  place  for  steamships,  ships,  sailing 
vessels,  steamboats,  barges  and  other  water  craft  deliv- 
ering cargoes  to  or  receiving  cargoes  from  the  Illinois 
Central  Railroad  Company ;  and  that  all  that  portion  of 
the  wharves  and  landings  of  the  city  extending  down  the 
river  from  the  lower  limit  of  the  regular  wharf  of  the 
New  Orleans,  Mobile  &  Texas  Railroad  Company  (as 
reorganized,  the  Louisville  &  Nashville  Railroad  Com- 
pany), to  a  point  two  hundred  and  fifty  feet  below  the 
lower  limit,  be  and  the  same  is  hereby  set  apart  as  a 
landing  place  for  steamships,  sailing  vessels,  steamboats,, 
barges,  and  other  water  craft  delivering  cargoes  to  or 
receiving  cargoes  from  the  said  New  Orleans,  Mobile  & 
Texas  Railroad  Company,  as  reorganized,  the  Louisville 
&  Nashville  Railroad  Company ;  provided,  however,, 
that  it  is  not  the  intention  of  this  ordinance  to  give  to 
either  of  said  railroad  companies  the  exclusive  right  to 
use  said  respective  portions  of  the  wharves,  but  only  to 
give  the  said  companies  respectively  such  preference  in 
the  use  thereof  as  will  facilitate  the  transaction  of  the 
business  consigned  to  and  from  said  railroad  companies 
respectively. 

Art.  3263.  (2)  That  the  said  wharves   and  landings  Use ot  wharves^ 
hereby  set  apart  shall  continue  subject  to  the  general  rules  ^  ' 

and  regulations  of  the  Council  pertaining  to  the  wharves, 
and  that  the  harbor  master  or  wharfinger  shall  not  as- 
sign the  use  thereof  to  vessels  other  than  those  doing 
business  with  said  respective  railroad  companies,  except 
where  such  assignment  shall  not  interfere  with  the  de- 
livery or  receipt  of  cargoes  to  and  from  said  railroad 
companies  respectively ;  and  provided  further,  that  any 
vessel  or  vessels  occupying  said  wharves,  and  not  en- 
gaged in  discharging  cargoes  to  or  receiving  cargoes 
from  said  railroad  companies  respectively,  shall,  at  the 
request  of  that  company  to  which  said  respective  portion 
of  the  wharves  is  allotted,  be  required  to  haul  outside^  to 


I 


lb. 


1206  WHARVES. 

admit  any  vessel  to  land  at  said  wharf  to  discharge  or 
receive  cargo  to  or  from  such  railroad  company. 

^""""whaives.  ^RT.  3264.  (3)  That  permission  is  hereby  granted  to 
the  Illinois  Central  Railroad  Company  and  the  said  New 
Orleans,  Mobile  &  Texas  Railroad  Company,  as  reor- 
ganized, the  Louisville  &  Nashville  Railroad  Company, 
to  renew  and  improve  the  respective  portion  of  the  wharves 
and  landings  herein  set  aside  for  their  use  respectively, 
and  from  time  to  time  to  fill  up  said  wharves  for  such 
distance  as  will  have  at  least  sixty  (60)  feet  of  wharf 
superstructure,  and  to  construct  such  improvements, 
betterments  and  repairs  upon  said  wharves  and  landings 
and  places  filled  in  at  the  expiration  of  this  grant,  any 
shed  or  building  erected  by  them  respectively  with  the 
consent  of  the  Common  Council,  unless  the  city  of  New 
Orleans,  or  the  wharf  lessees  shall  elect  to  pay  for  and 
retain  the  same  upon  said  wharves  and  landings  at  the 
then  valuation  of  such  shed  or  sheds  or  buildings,  to  be 
determined  by  an  appraisement,  in  case  the  parties 
hereto  can  not  agree. 

-Consideration.  j^^rj.  3265.  (6)  That  iu  consideration  of  the  facilities 
granted  to  the  said  railroad  companies  in  setting  aside 
said  wharves  and  landings  for  their  respective  uses,  it 
shall  be  the  duty  of  said  companies,  and  the  said 
respective  companies  hereby  agree  to  keep  in  repair  the 
following  streets,  to-wit:  The  Illinois  Central  Railroad 
Company  hereby  agrees  to  keep  Erato  street,  from  Pilie 
street  to  said  wharf,  and  Gaiennie  street,  from  Pilie 
street  to  said  wharf,  and  the  Illinois  Central  Railroad 
Company  and  the  Louisville  &  Nashville  Railroad  Com- 
pany shall  jointly,  and  in  the  proportion  which  they 
now  maintain,  keep  Calliope  street,  from  Water  street  to 
said  wharf,  in  good  order  for  ingress  to  and  egress  from 
said  wharves  and  landings  during  the  continuance  of 
this  grant,  and  the  said  companies  hereby  agree  in  like 
manner  jointly  to  keep  in  good  order  and  repair  Water 
street,  from  Calliope  to  Julia,  and  the  Louisville  &  Nash^ 
ville  Railroad  Company  shall  keep  in  repair  Julia  street, 
from  Water  street  to  said  wharf,  during  the  continuance 
of  ,thi&  grant. 


WHARVES.  1-207 

Art.  3266.  (7)  That  this  ordinance  shall  take  effect  Take  effect, 
om   and  after  its  promulgation,    and  sha 
tind  effect  for  the  term  of  twenty-five  years. 


lb. 

from   and  after  its  promulgation,    and  shall  be  in  force 


CROMWELL  LINE. 

Art.  3267.  (1)  That  all  that  portion  of  the  river  front    Right. 

^     ^  ^  .  Ord.  No.  8048, 

comprised  within  the  prolongation  of  the  original  lower  a.  s. 
lines  of  ISt.  Louis  and  Toulouse  streets  be  and  the  same 
is  hereby  set  apart  during  a  term  of  ten  years,  from  the 
15th  day  of  August,  1882,  for  the  use  of  the  Cromwell, 
New  York  and  New  Orleans  Steamship  Line,  of  which 
Messrs.  A.  Moulton  &  Co.,  of  this  city,  are  agents;  but 
this  is  not  to  be  construed  as  an  exclusive  privilege  to 
the  said  line  of  steamers,  except  that  they  shall  have 
preference  of  the  use  of  such  wharf  or  river  front  when- 
ever they  have  steamships  in  port,  or  immediately  due, 
to  occupy  the  same. 

Art.  3268 .  (2)  That  the  Cromwell,  New  York  and  New  sheds,  etc.  ^^ 
Orleans  Steamship  Company  are  hereby  authorized  to 
consti net  and  maintain  for  their  exclusive  use,  on  said 
levee  or  landing,  during  the  term  of  this  grant,  as  above 
specified,  a  suitable  freight  shed  or  building,  not  to 
exceed  in  length  the  space  comprised  within  the  present 
lower  line  of  St.  Louis  street,  and  the  present  upper 
line  of  Toulouse  street;  provided,  the  same  be  con- 
structed according  to  plans  and  specifications  to  be 
furnished  by  the  City  Surveyor. 

Art.  3269.  (3)  That  in  case  the  said  steamship  company  improvements. 
should  dissolve  or  change  hands,  the  said  improvements 
shall  not  remain  in  any  ownership  to  the  exclusion  of 
any  other  line  of  steamships  or  other  vessels  which  may 
be  assigned  to  the  same  landing,  but  shall  be  either  in 
common  to  any  and  all  vessels  arriving  at  or  assigned  to 
said  landing,  or  removed  or  sold  to  the  city  or  lessees  of 
the  wharves,  according  to  the  stipulations  hereinafter 
mentioned. 

Art.  3270.  (4)  That  at  the  expiration  of  this  grant  or  Right  to  re- 
privilege,  should  the  city  of  New  Orleans  deem  proper    ^".^'^  *''^^^' 
to  change  the  place  of  landing  of  said  steamers,  the  said  ^^' 

Cromwell,  New  York  and  New  Orleans  Steamship  Com- 


1208  WHARVES. 

pany  shall  have  the  right  to  remove  said  shed  or  build- 
ing from  the  before  mentioned  levee  or  landing  to  any 
place  the  city  may  designate  as  a  landing  for  said  line 
of .  steamships,  unless  the  city  or  wharf  lessee  shall 
deem  proper  to  pay  for  and  retain  the  same  upon  said 
levee  or  landing  at  the  then  valuation  of  such  shed  or 
building,  the  same  to  be  determined  by  appraisement,  if 
the  parties  thereto  can  not  agree. 
To  cover  Art.  3271.   (5)  That  in  consideration  for  the   above 

approache<;. 

lb.  privilege  or  grant,  the  said  Cromwell,  New  York  and  New 
Orleans  Steamship  Company  obligate  and  bind  them- 
selves to  cover  the  approaches  leading  to  said  landing, 
from  the  line  of  the  Louisville  &  Nashville  Railroad 
track  to  the  line  of  the  wharf,  and  the  space  in  front  of 
the  above  mentioned  shed  with  a  sufficient  thickness  of 
hard  substance,  such  as  rock,  oyster  shells,  gravel  or 
cinders,  and  to  keep  the  same  at  all  times  in  good  order 
and  condition. 
Repealing  Art.  3272.  (6)  That  all  ordinances  or  parts  of  ordi- 

ib.  nances  in  conflict  herewith  be  and  the  same  are  hereby 

repealed. 

Ord.No.66so,     Art.  3273.  That  Ordinance  No.  5509,  C.  S.,  an  ordi- 
c.  s.  ... 

Aug.  30, 1893.  nance  granting  permission  to  the  Cromwell  steamship 

line  to  erect  an   open   shed   on   their  wharf  be  and  the 

same  is  hereby  repealed. 

NEW  ORLEANS  PACIFIC   RAILWAY   COMPANY. 

Right.  Art.  3274.  That  the  said  New  Orleans  Pacific  Rail- 

A.S."  **'*^^^'way  Company,  its  successors  and  assigns,  shall  have 
arc  ,  »S8'-^jjg  rights,  and  the  same  is  hereby  conferred,  for  the 
term  of  its  charter,  and  from  and  after  the  expira- 
tion of  the  existing  lease  of  city  wharves,  to  enclose 
and  occupy,  for  its  purposes  and  uses,  that  portion  of 
the  levee,  batture  and  wharf  in  the  city  of  New  Orleans 
in  front  of  its  riparian  property,  acquired  or  to  be  ac- 
quired, between  Thalia  and  Terpsichore  streets,  and  to 
erect  and  maintain  thereon,  at  its  own  expense,  such 
ferry  facilities,  wharves,  piers,  warehouses,  elevators^ 
yards,  tracks,  depots,  stations,  sheds  and  other  struct- 
ures as  shall  be  necessary  and  convenient  for  the  trans- 


WHARVES.  1209 

fer  of  cars,  engines,  passengers  and  freight,  and  in  the 
transaction  of  its  business.  No  vessel  shall  occupy  or 
lie  at  such  wharves  without  the  consent  of  the  company, 
its  successors  or  assigns,  or  discharge  or  receive  cargo 
thereat,  and  all  vessels  lying  at  or  using  said  wharves 
by  such  consent  and  on  the  business  of  the  company 
shall  be  exempt  from  the  payment  of  levee  or  wharf 
dues  to  the  city  of  New  Orleans. 

Said  wharves  and  other  structures  shall  be  lighted  Lights  and 

®  Police. 

and  policed  by  said  company  at  its  own  expense.  ib. 

Any  vessel  lying  at  these  wharves  with  the  consent  of  wharf  dues, 
the  company,  but  not  on  its  business,  or  not  for  the 
purpose  of  discharging  or  receiving  freight  or  passen- 
gers  to   or  from  said  company  as  a  carrier,   shall  be 
liable  to  the  city  for  usual  wharf  or  levee  dues. 

Any  vessel  using  said  wharf  to  receive  any  freight 
not  coming  to  or  going  from  said  company  as  a  carrier 
shall  pay  usual  wharfage  dues  to  the  city. 

Art.  3275.  In  consideration  of  the  permission  herein  consideration, 
given,  the  company  will  build  three  hundred  feet  of 
new  wharf  at  such  point  between  Terpsichore  and  Jack- 
son streets,  for  the  city,  as  the  Administrator  of  Com- 
merce may  indicate,  and  will  pave  Pilie  street,  between 
Thalia  and  Terpsichore  streets,  and  Terpsichore  street, 
between  Pilie  and  Front  streets,  with  square  blocks  of 
granite,  or  with  blocks  of  compressed  asphalt,  and 
keep  the  same  in  good  order. 

The  rights  conferred  by  this  section  shall  not  be  held 
to  interfere  with  the  rights  of  the  city  to  police  any 
part  of  the  river  front. 

NEW  ORLEANS   &  NORTHEASTERN   RAILROAD   COMPANY. 

Art.  3276.  Whereas,  There  is  now  existing  a  litiga-  ord.N0.a14s, 
tion  between  the  city  of  New  Orleans  and  the  New^"Aprii26,i887. 
Orleans  &  Northeastern  Railroad  Company,  as  appears 
by  the  suit  of  the  city  of  New  Orleans  against  the  New 
Orleans  &  Northeastern  Railroad  Company,  No.  11,375 
on  the  docket  of  the  Circuit  Court  of  the  United  States 
for  the  Fifth  Circuit  and  Eastern  District  of  Louisiana, 
which  is  not  likely  to  be  terminated  in  a  short  time ;  and 


1210  WHARVES. 

Whereas,  There  are  now  no  suiRcient  wharves  in 
front  of  the  depot  property  of  said  railroad  company 
and  below  Port  street,  in  the  Third  District  of  New 
Orleans,  and  it  is  desirable  that  wharves  should  be  con- 
structed there ;  and 

Whereas,  The  said  New  Orleans  &  Northeastern  Rail- 
road Company  are  willing  to  construct  wharves  on  the 
river  front  below  Port  street,  and  advance  the  necessary 
outlay  of  money  for  that  purpose  on  certain  conditions, 
notwithstanding  the  pending  of  said  suit,  which  is  not 
to  be  affected  thereby ;  and 

Whereas,  The  consent  of  the  wharf  lessees,  as  re- 
quired in  paragraph  three  (3)  of  section  two  (2)  of 
Ordinance  No.  7483,  A.  S.,  has  been  obtained. 

Mayor  author-      Art.  3277.  That  the  Mayor  be  and  is  hereby  author- 
ised  to  con-  .,,,.,  . 

tract.  ized  and  directed  to  enter  into  a  contract,  by  notarial 

act,  with  the  New  Orleans  &  Northeastern  Railroad  Com- 
pany, for  the  construction  and  maintenance  of  wharves 
on  the  river  front,  from  the  prolongation  of  the  lower 
property  line  of  Port  street  to  the  prolongation  of  the 
upper  property  line  of  Montegut  street,  in  the  manner 
and  under  and  within  the  terms  and  conditions  con- 
tained in  the  said  Ordinance  No.  7483,  A.  S.,  relative  to 
the  occupation  and  use  of  said  river  front  provided 
by  said  Ordinance  No.  7483,  under  the  following  condi- 
tions, to-wit : 

To  rebuild  new  1.  The  Said  Ncw  Orleans  &  Northeastern  Railroad 
lb.  Company  shall  rebuild,  without  unnecessary  delay,  not  to 
exceed  four  months,  at  any  other  place  within  the  Third 
District  of  this  city  as  may  be  designated  by  the  City 
Council  of  New  Orleans,  new  wharves,  equal  in  extent, 
square  for  square,  as  per  measurement  of  the  City  Sur- 
veyor, to  replace  the  wharves  which  are  or  may  be 
on  the  said  river  front  at  the  time  the  said  New  Orleans 
&  Northeastern  Railroad  Company  takes  possession  of 
the  same. 

To  be  repaired.  2.  That  should  the  right  to  the  use  of  said  space  of 
river  front,  and  the  said  wharves  thereon  be  adjudicated 
and  decreed  as  not  conferred  on  the  said  railroad  com- 
pany, then  and  in  that  case  the  next  wharf  lessees  shall. 


lb. 


WHARVES.  1211 

out  of  the  fund  for  new  wharves  provided  in  their  con- 
tract with  the  city,  repay  said  railroad  company  the  en- 
tire amount  and  value  of  all  wharves  constructed  by 
them. 

Art.  3278.  (2)  That  should  the  right  to  said  space  Money  ^^be^^ 
of  river  front,   and  said  wharves  to  be  constructed  be-  ib*. 

tween  Port  and  Montegut  streets,  be  adjudicated  and 
decreed  as  not  legally  conferred  on  said  railroad  com- 
pany, then  and  in  that  case  the  whole  amount  of  money 
outlaid  by  said  railroad  company  shall  be  refunded  and 
paid  to  said  railroad  company  out  of  the  first  money  to 
be  appropriated  to  new  work  in  the  construction  of 
wharves  in  New  Orleans,  under  a  renewal  of  the  present 
lease,  or  any  other  lease  that  may  hereafter  be  made  of 
the  wharves,  and  the  city  of  New  Orleans  subrogates  the 
said  railroad  company  to  its  rights  against  any  wharf 
lessees  to  have  such  appropriation  of  the  funds  for  new 
work,  and  in  default  thereof  the  city  of  New  Orleans 
shall  pay  said  moneys  to  the  said  railroad  company. 

Art.  3279.  (3)  That  it  shall  be  specially  stipulated  Not  to  relieve 
in  said  contract  that  nothing  in  this  ordinance  shall  in  ligation  o  f 
any  way  relieve  the  said  railroad  company  of  any  of  the  ib. 

obligations  imposed  by  the  provisions  of  the  said  Ordi- 
nance No.  7483,  A.  S.,  or  in  any  way  impair  or  preju- 
dice the  rights  of  the  city  of  New  Orleans,  now  in  con- 
testation in  the  suit  of  the  city  of  New  Orleans  vs.  said 
Railroad  Company,  No.  11,375  on  the  docket  of  the 
Circuit  Court  of  the  United  States  for  the  Fifth  Circuit 
and  Eastern  District  of  Louisiana,  nor  shall  the  rights 
of  the  said  railroad  company,  as  set  forth  in  the  said 
suit  No.  11,375,  be  prejudiced  in  consequence  of  this 
ordinance  and  the  said  notarial  agreement,  which  shall 
be  according  as  the  said  case  may  be  determined ;  and 
as  the  rights  of  the  said  railroad  company  may  be  ad- 
judicated and  decreed  therein  on  final  decree  in  the  ap- 
pellate court,  which  said  suit  shall  proceed  to  a  final 
termination  thereof,  for  the  purpose  of  fixing  the  rights 
of  the  parties  thereto;  nor  shall  this  agreement  b* 
offered  in  evidence  or  referred  to  in  said  suit. 


1212  WHARVES. 


NEW   ORLEANS   ELEVATOR  AND  WAREHOUSE   COMPANY. 

Grant  Art.  3280.  (1)  That  ill  consideration  of  the  establish- 

N.  s. '  °'  ment  in  the  city  of  New  Orleans  of  grain  elevators,  ware- 
*^' '  ■  houses  and  appurtenances  on  the  part  of  and  at  the 
expense  of  the  "New  Orleans  Elevator  and  Warehouse 
Company,"  said  works  to  be  commenced  within  sixty 
days,  and  to  be  completed  within  one  year  after  the  pro- 
mulgation of  this  ordipance,  the  city  of  New  Orleans 
does  hereby  grant  to  the  said  New  Orleans  Elevator  and 
Warehouse  Company  the  privilege  of  building  a  wharf 
equal  to  any  now  existing  in  the  city ;  said  wharf  to  be 
built  on  a  point  on  the  river  bank  opposite  the  square 
of  ground  bounded  by  Pleasant,  Harmony,  Tchoupitou- 
las  and  Levee  streets,  to  occupy  two  hundred  and 
seventy-five  (275)  feet  of  the  river  bank,  and  to  be  built 
into  the  river  sufficient  distance  so  as  to  be  in  twenty 
feet  of  water  at  low  water,  said  wharf  to  be  built  and 
kept  in  repair  at  the  expense  of  said  company,  and  under 
the  supervision  of  the  City  Surveyor, 
ixemption  Art.  3281.  (2)  That   all  steamboats  or  vessels   con- 

and  "i  7y%^l  signed  to  the  New  Orleans  Elevator  and  Warehouse  Com- 
^"**'       lb.  pany,  and  landing  at  their  wharf  for  the  purpose  of  dis- 
charging  and  receiving  grain,  shall  be  exempted  from 
paying  wharf  and  levee  dues  while  at  said  wharf. 
Conveyors  Art.  3282.  (3)  That  the  city  of  New  Orleans  does 

Sver^^s  i*d"e-  further  grant  to  the  New  Orleans  Elevator  and  Warehouse 
streets.*  *"  Compauy  the  privilege  of  constructing  and  working" 
conveyors  from  their  elevators,  across  and  over  the  side- 
walks and  streets,  to  their  wharf,  said  conveyors  to  be 
consti-ucted  at  least  twenty  feet  above  the  level  of  the 
street. 
Reversion.  Art.  3283.   (4)  That  the  city  of   New  Orleans  does 

■  grant  these  privileges  before  named  to  the  New  Orleans 
Elevator  and  Warehouse  Company  for  the  term  of  fifteen 
years,  and  at  the  expiration  of  this  privilege  said  wharf 
to  revert  to  the  city  at  a  valuation  to  be  fixed  by  two 
disinterested  parties,  one  to  be  appointed  by  the  city 
and  the  other  by  the  company,  and  in  the  event  of  a 
disagreement  as  to  said  valuation  between  said  parties, 


WHARVES.  1213; 

an  umpire  shall  be  appointed  by  one  of  the  District 
Courts  of  New  Orleans,  the  decision  thereby  had  to  be 
final. 

Art.  3284.  (1)  That  permission  be  and  is  hereby  wharf  and 
granted  to  the  ''New  Orleans  Elevator  and  Warehouse '"o'rd!'frJ!**43ai, 
CorapaDy  "  to  build  a  wharf,  or  to  erect  mooring  posts, 
for  a  distance  of  fifty  (50)  feet  above  their  property 
upper  line,  being  from  the  lower  line  of  Pleasant  street 
and  extending  to  a  point  fifty  feet  above  the  said  lower 
line  of  Pleasant  street,  all  of  which  shall  be  constructed 
under  the  immediate  supervision  of  the  City  Surveyor 
and  Commissioner  of  Public  Works. 

Art.  3285,  (2)  That  the  above  privileges  shall  extend  Take  eSfect. 
and  be  in  full  force  from  the  passage  of  this  ordinance 
until  the  8th  day  of  August,  1893,  at   which  date   the 
-charter  of  the  company  expires. 

Art.  3286.  (3)  That  said  wharves,  mooring  posts,  etc.,  Reversion, 
shall  revert  to  the  city  of  New  Orleans  at  the  expira- 
tion of  this  privilege  at  a  valuation  to  be  fixed  and  as- 
<'.ertained  by  two  disinterested  persons,  one  to  be  ad- 
pointed  by  the  city  and  the  other  by  the  company,  and 
in  the  event  of  a  disagreement  as  to  the  valuation  be- 
tween said  persons,  an  umpire  shall  be  appointed  by 
one  of  the  District  Courts  of  New  Orleans ;  and  pro- 
vided, that  said  Elevator  and  Warehouse  Company  shall 
execute  good  and  sufficient  bonds  to  the  Mayor,  on  de- 
mand, to  pay  for  fifteen  hundred  dollars'  worth  of  in- 
tersection paving,  being  the  city's  portion  on  such 
streets  as  the  Council  shall  by  resolution  hereinafter  de- 
termine. 

Art.  3287.  (4)  That   the  said  company  is  not  per- wharfagedues. 
mitted  to  make  any  charges  or  collect  wharfage  dues  ^^' 

for  any  vessel  that  may  be  moored  at  said  wharf. 

Art.  3288.  (5)  That  all  ordinances  or  parts  of  ordi-  Repealing 
nances  in  conflict  herewith  be  and  the  same  are  hereby  '^  *"ib*. 

repealed. 


1214 


WHARVES. 


Wharf  Lease — First,   Second,    Third   and   Fourth 
Districts. 
^^  ^Comptroller     Art.  3289.   (1)  That   the  Comptroller  be  and    he  is 
^ord.  No.  5^47.  hereby  directed  to  advertise  till  12  o'clock  m.  May  4,. 
April  21, 1891. 1891,  for  sealed  proposals  for  the  lease  of  the  wharves 
for  a  term  of  ten  years,   commencing  at  the  expiration 
of  the  term   of  the  present  lease,  say  May  29,  1891,. 
under  specifications  approved  by  the  City  Council,  the 
city  reserving  the  right  to  reject  any  and  all  proposals, 
and  readvertise  for  same  until  adjudicated  to  the  satis- 
faction of  the  City  Council ;   '^  in  the  event  that  all  pro- 
posals should  be  rejected,  the  Comptroller  shall  imme- 
diately readvertise  for  such  time  and  in  such  manner  as 
the  Council  may  direct." 

No  proposal  shall  be  considered  unless  accompanied 
by  a  cash  deposit  or  certified  check  for  the  sum  of 
thirty-five  thousand  dollars,  as  an  evidence  of  the  good 
faith  of  the  bidder,  under  the  conditions  that  the  same 
shall  be  forfeited  to  the  city  in  case  the  bidder  refuses 
to  comply  with  the  terms  and  conditions  of  the  adjudica- 
tion, and  to  sign  the  notarial  act;  the  money  so  depos- 
ited shall  be  returned  when  the  notarial  act  and  bond 
shall  have  been  duly  signed. 
Revenues.  Art.  3290.  (1)  That  the  Comptroller  of  the  city  of 
c.  s.'  "'^^^"'New  Orleans  shall,  after  the  enactment  of  this  or- 
pri  *'''^'-(jjj^jjjj(,(j^  ^j^(j  after  having  given  the  notice  here- 
tofore provided  for,  in  the  official  journal,  that  he  will 
advertise  for  sealed  proposals  for  their  sale,  adjudicate, 
as  provided  for  in  section  25,  and  in  accordance  with  the 
stipulations  hereinafter  contained,  the  revenues  of  the 
wharves  and  landings  of  the  city  of  New  Orleans,  col- 
lectible at  the  rates  now  charged  and  fixed  under  the  lease 
with  Joseph  A.  Aiken  &  Co.,  which  reads  as  follows : 

Ordinances  fixing  and  regulating  the  charges  for  tvharf- 
age,   levee   and  other  facilities  afforded  hy  the  city  of  New- 
Orleans  to  commerce.     Ordinance,  January  19,  1875. 
Ships  and     Art.  3291.  (1)  Upon  all  ships  and  other  decked  ves- 
▼l«sl»s"''ndsels  and  steamships  arriving   from  sea  and  landing  or 
steamships.      niooring  at  any  wharf  in  the  city,  the  charges  shall  be 
as  follows : 


WHARVES.  1215 

On  1000  tons  and  under,  20  cents  per  ton ;  excess 
over  1000  tons  15  cents  per  ton.  Steamships  in  the 
Gulf  Mexico  trade,  15  cents  per  ton. 

Art.  3292.  (2)  The  same  payments  on  ships  or  sail  ships  or  sail 
vessels  shall  be  exacted  as  on  steamships,  and  an  extra 
charge  of  one-third  these  rates  shall  be  paid  by  all  sail 
vessels  or  steamships  which  may  remain  in  port  over  two 
months,  the  same  to  be  recovered  before  departure,  and 
if  they  remain  over  four  months  an  additional  charge  of 
one-third  these  rates  per  term  of  two  months  from 
arrival  to  departure. 

Art.  3293.  (3)  The  wharfage  dues  on  all  steamboats     steamboats, 
shall  be  fixed  as  follows : 

Not  over  five  days,  ten  cents  per  ton  ;  each  day  after, 
five  dollars  per  day.  Boats  arriving  and  departing 
more  than  once  a  week,  five  cents  per  ton  each  trip. 
Boats  laying  up  for  repairs  during  the  summer  months 
to  occupy  such  wharves  as  may  not  be  required  for  ship- 
ping, for  thirty  days  or  under,  two  dollars  per  day.  All 
over  thirty  days,  one  dollar  per  day. 

Art.  3294.  (4)  On  barges,  steamboat  hulls   used  as  Barges,  etc 
barges,  flatboats   and   other   licensed  vessels  employed 
regularly  in  transportation  of  merchandise  on  the   Mis- 
sissippi river,  the  wharfage  rates  shall   be  the   same  as 
charged  now  for  steamboats  in  the  same  business,  viz. : 

If  in  port  eight  days,  ten  cents  per  ton ;  after  said 
eight  days,  five  dollars  per  day;  barges  arriving  and 
departing  more  than  once  a  week  shall  pay  only,  on 
each  trip,  five  cents  per  ton;  provided,  also,  that  this 
resolution  shall  not  apply  to  barges,  fiatboats  and  ves- 
sels that  come  to  this  port  for  a  single  trip,  to  be  broken 
up,  or  their  use  as  carriers  of  merchandise  to  be  discon- 
tinued at  end  of  trip. 

Art.  3295.  (5)  On  flatboats,  barges,  etc.,  fully  or  in  Fiatboats  and 
part  laden,  the  wharfage  or   levee   dues  shall  be  as  fol- 
lows : 

Flatboats  not  measuring  over  80  feet,  $8  ;  flatboats 
80  to  100  feet,  $10;  flatboats  100  feet  and  over,  $13. 
On  each  barge  less  than  70  feet  and  not  over  20  tons, 
$8  ;  on  each  steamboat  hull  used  as  a  barge,  $25. 


1216  WHARVES. 

And  an  extra  rate  of  wharfage  shall  be  imposed  at 
the  same  rate  for  every  eight  days  thereafter,  recover- 
able at  the  commencement  of  the  ninth  day. 
Qualifications.  Art.  3296.  (6)  Charges  mentioned  in  preceding  sec- 
tions exigible  only  from  such  of  said  vessels  as  land  or 
moor  at  the  wharves  and  piers  furnished  by  the  city  of 
New  Orleans. 

Charges.  Art.  3297.   (7)  Where  there  are  neither  wharves  nor 

piers,  but  merely  the  levee  with  suitable  conveniences 
for  making  fast,  the  charge  shall  be  for — 

Steamboats    $1  per  day 

For  ships  and  steamships,  every  60  days,  5  cents  per   ton 

For  flatboats 2  cents  per  foot 

For  every  raft  3  cents  per   log 

and  $3  for  each  and  every  flatboat  broken  up  for 
making  cordwood,  planks,  etc.,  within  the  limits  of  the 
city. 

Pirogues.  Art.  3298.  (8)  All  pirogues  or   other  craft  of  from 

5  to  15  tons,  ti'ading  with  this  city,  shall  be  required  to 
take  out  a  license,  as  provided  by  law,  viz. :  $20  for 
each  of  said  vessels.  A  fine  of  $50  and  prohibition 
from  engaging  in  such  business  unless  licensed. 

Fiat^ats.  ^  Art.  3299.  (9)  On  all  vessels  employed  in  the  tow- 
age of  vessels  to  and  from  sea,  a  license  of  $150.  A 
penalty  of  $250  for  failure  to  take  out  such  license,  and 
prohibition  from  engaging  in  such  business  unless 
licensed. 

Bricks,  etc.  Art.  3300.  (10)  On  any  flatboat,  barge  or  other  ves- 
sel, not  including  steamboats,  employed  in  the  trans- 
portation of  bricks,  lumber  or  other  building  materials, 
or  in  bringing  produce  from  this  and  neighboring  par- 
ishes to  this  city : 

Not  over  25  tons $  30  per  annum 

From  25  to  50  tons $  60  per  annum 

Over  50  and  not  over  75  tons $  80  per  annum 

Over  75  and  not  over  100  tons  $120  per  annum 

Over  100  tons $200  per  annum 

On  every  scow  and  coastwise  pirogue  and  other  ves- 
sel measuring  not  over  twenty-five  tons,  not  trading 
directly  with  the  city,  $2  per  trip. 


WHARVES.  1217 

Art.  3301.  All    bareres   arriving   at   this  port  laden    orai  barges. 

Ord.  No.  3112, 

with  bulk  grain  or  through  freight  will  be  allowed  fif-  a.s. 
teen  days  before  incurring  charges  for  lay  days. 

Amended  May  27,  1881,  to  take  effect  from  and  after 
May  29,  1881. 

Ocean  steamships  shall  pay  at  the  rate  of  fifteen  ocean  steam- 
cents  per  ton  for  the  first  two  months  or  less.  Ocean  ^^'^^' 
vessels  arriving  in  ballast  shall  not  be  charged  wharfage 
during  the  time  they  may  be  engaged  in  unloading,  but 
which  period  shall  not  exceed  five  days  from  time  of 
arrival ;  provided,  said  ballast  be  sold  to  the  city  or 
wharf  lessees. 

Vessels  arriving  in   ballast  and   loading  exclusively  vessels  in  bai- 
with   grain,  shall  not  pay  more  than  five  cents  per  ton  ^**^* 
for  the  first  fifteen  days,  and  one-third  of  one  cent  per 
day  for  each  additional  lay  day. 

Less  (20)  twenty  per  cent,  off  from  above  charges. 

Upon  all  ships,  vessels,  steamships,  barges,  flatboats 
and  steamboats,  coal  boats  and  other  water  crafts  of  any 
and  every  description  whatsoever,  for  the  term  of  ten 
years,  commencing  on  the  29th  day  of  May,  1891,  and 
ending  with  the  28th  day  of  May,  1901,  upon  the  terms 
and  conditions  hereinafter  set  forth. 

Art.  3302.  (2)  That  the  wharves  and  landings,  the  Boundaries  of 
revenues  of  which  are  to  be  sold  under  this  ordinance, 
shall  comprise  the  wharves  already  constructed  and 
existing  in  the  First,  Second,  Third  and  Fourth  Dis- 
tricts of  the  city  of  New  Orleans,  from  Toledano  street 
to  Piety  street,  excepting  therefrom  all  ferry  and  nuis- 
ance wharves,  and  all  wharves  or  landings  granted  or 
leased  to  individuals  and  corporations  which,  by  the 
terms  of  the  grant  or  lease,  are  exempt  from  wharfage 
dues  until  such  time  as  said  grants  or  leases  may  expire.  Exemptions, 
after  which  time  said  lessees  shall  take  charge  of  same 
under  this  ordinance  under  similar  conditions  as  other 
wharves.  All  (U.  S.)  United  States  Government  ves- 
sels shall  be  exempt  from  payment  of  wharfage  dues. 

Art.  3303.   (3)  That    the    landings    in     the    First,  Bounda.ies  of 
Second,  Third  and  Fourth  Districts  of  the  city  of  New  ^^^^^" 
Orleans  shall,  for  the  purposes  of  this  ordinance,  extend 


1218  WHARVES. 

from  the  river  as  follows,  viz. :  In  the  Fourth  District, 
from  Toledano  to  Adele  streets,  to  the  river  side  of 
Water  street^  or  say  forty-eight  feet  from  the  property 
liue ;  from  Adele  to  Felicity  streets,  to  the  river  side  of 
Peters  street,  or  say  forty-eight  feet  from  the  property 
line.  In  the  First  District,  from  Felicity  to  lower  line 
of  Orange  street  wharf,  to  the  river  side  of  the  paved 
roadway  in  front  of  the  wharves,  provided  a  roadway  of 
thirty  feet  between  the  wharves  and  this  limit  be  thereby 
secured,  otherwise  this  limit  to  extend  tnllj  thirty  feet 
from  outer  line  of  wharves — from  the  lower  end  of  coal 
landings  to  lower  side  of  Terpsichore  street,  to  the  outer 
line  of  the  Texas  &  Pacific  Railroad  track — from  St. 
Joseph  to  Julia  streets,  to  the  river  side  of  New  street — 
from  Julia  to  Canal  streets,  to  within  twenty  feet  of 
railroad  track.  In  the  Second  and  Third  Districts  from 
Canal  to  Customhouse  streets,  to  the  river  side  of  the 
paved  roadway  fronting  the  Louisville  &  Nashville 
Railroad  passenger  depot ;  from  Customhouse  to  Conti 
streets,  to  the  river  side  of  the  sugar  sheds ;  from  Conti 
to  St.  Louis  streets,  to  within  one  hundred  feet  of  the 
Louisville  &  Nashville  Railroad  track ;  from  St.  Louis 
to  Barracks  streets,  to  within  three  feet  of  railroad 
track ;  from  Mandeville  to  Port  streets,  to  within  three 
feet  of  railroad  track ;  from  Montegut  to  Piety  streets, 
to  the  river  side  of  the  roadway  on  North  Peters  street, 
all  as  per  maps  and  tracing  on  same,  marked  Nos.  1,2, 
3,  4,  5,  6  and  7,  in  the  office  of  the  City  Engineer,  and 
made  part  hereof. 
Acceptance  of  Art.  3304.  (4)  That  the  person  or  persons  to  whom 
Tio^n^oTwha^es  shall  bc  adjudicated,  as  herein  provided,  the  revenues 
collectible  as  provided,  shall  accept  the  wharves  and 
landings  in  the  condition  in  which  the  same  may  be  on 
the  said  29tli  day  of  May,  1891,  and  that  the  said  person 
or  persons  so  accepting  and  taking  possession  of  the  said 
wharves,  landings  and  bulkheads,  shall  repair  and 
always  keep  the  same  in  good  order  and  condition  dur- 
iug  the  whole  term  of  their  contract,  excepting  there- 
from all  ferrj^  and  nuisance  wharves  and  all  wharves 
granted  or  leased  to  individuals  or  corporations,  which. 


WHARVES.  1219 

by  the  terms  of  such  lease  or  grant,  are  required  to  be 
kept  in  order  or  maintained  by  the  lessee  or  grantee, 
until  such  time  as  said  grant  or  lease  may  expire,  after 
which  time  said  lessee  or  lessees  under  this  ordinance 
shall  take  charge  of  same,  upon  same  condition  as  other 
wharves. 

Art.  3305.  (5)  That  the  repairs  of  the  wharves  shall  ^^p^'"- 
consist  in  repairing  all  holes  in  the  flooring,  in  taking 
out  and  renewing  all  caps,  stringers,  piles,  mooring  and 
fender  piles  which  may  be  rotten.  Whenever  general 
repairs,  including  caps  and  stringers,  are  made  to  any 
wharf,  it  shall  be  raised  at  the  inner  edge  to  eighteen 
and  a  half  feet  on  the  Canal  street  gauge,  rising  one  per 
cent,  to  the  outside,  and  with  such  greater  or  less  grade 
above  or  below  Canal  street  as  the  City  Engineer  may 
direct,  to  agree  with  the  slopes  of  the  river.  Also, 
that  the  repairs  of  the  bulkheads  shall  consist  in  taking 
out  and  renewing  material  which  may  be  rotten  and  in 
raising  all  bulkheads  to  the  grade  of  the  wharves,  as 
above  given,  and  in  building  anew  all  wharves  and 
bulkheads  which  from  general  decay  may  require  the 
same,  and  to  rebuild  any  and  all  wharves  and  bulk- 
heads where  the  same  now  exists  or  which  may  be  con- 
structed during  the  term  of  this  lease  or  contract  that 
may  be  damaged  or  destroyed  in  part  or  in  whole  from 
any  cause ;  and  to  have  a  depth  of  water  not  less  than 
twenty-five  (25)  feet  at  the  water  Ime  of  each  and  every 
wharf  used  by  ships  and  steamships  when  required  for 
the  purpose  of  commerce;  and  a  depth  of  water  of  not 
less  than  twelve  feet  at  the  water  line  of  each  and  every 
wharf  used  by  steamboats,  barges  aftd  flatboats,  all 
rebuilding,  to  be  governed  by  section  11. 

Art.  3306.  (6)  That  in  making  the  repairs  to  and  Quality  of 
in  building  new  wharves,  the  piles  used  shall  be  either"*^"** 
of  pine  or  cypress  timber  of  the  best  quality,  not  less 
than  eleven  in?hes  square  at  one  end  and  nine  inches 
square  at  the  other  end,  or  respectively  sixteen  and  thir- 
teen inches  in  diameter,  if  round  with  ten  inches  of 
heart  at  the  butt  in  either  case,  which  shall  be  driven 
not  less  than  twenty  feet  into  the  solid  ground  at  dis 


1220 


WHARVES. 


Stringers. 


Planks. 


tances  of  not  more  than  ten  feet  from:  centres  ;  the  heads 
of  the  piles  shall  be  squared  according  to  the  levels  to- 
be  given  by  the  City  Engineer,  and  shall  receive  and 
support  eleven  (11)  inch  square  caps,  which  shall  be 
strongly  fastened  to  each  of  the  piles  with  rag  bolts 
seven-eighths  of  one  incli  square  by  eighteen  inches 
long ;  these  caps  to  be  of  the  best  quality  of  pine  or 
cypress  timber.  The  stringers  shall  be  at  least  ten 
inches  square ;  shall  rest  at  right  angles  upon  the  caps 
at  distances  of  Ave  feet  from  centres ;  or  they  may  be 
four  by  twelve  feet,  two  and  one-half  feet  from  centres. 
They  shall  be  strongly  fastened  at  each  alternate  inter- 
section with  the  caps,  with  rag  bolts  seven-eighths  of  an 
inch  square  by  sixteen  inches  long.  These  stringers 
shall  be  of  the  best  quality  of  cypress  or  pine  timber. 
The  planks  for  the  flooring  shall  be  of  yellow  pine  of 
the  best  quality,  free  from  sap,  or  one  clear  face,  twelve 
inches  wide  by  three  inches  thick,  and  not  less  than  fif- 
teen feet  long.  They  shall  be  strongly  fastened  to  each 
of  the  stringers  with  six-inch  pressed  spikes,  two 
at  each  end  and  one  at  each  intersection  with  the 
stringer ;  the  points  between  the  planks  of  said  flooring 
not  to  be  more  than  one  inch. 
Specifications     Art.  3307.  (7)  That  each  and  every  wharf  used  by 

for  wharves  for  "^     ^  ,    „      ,  ,      ,,  /  .       ,.  , 

boats.  steamboats,  barges  and  flatboats  shall  have  incline  plane 

or  apron  not  less  than  thirty  (30)  feet  in  width  project- 
ing out  of  the  knuckle  row  of  piles  of  the  wharf  on  the 
outside  of  said  incline  plane,  and  adjoining  the  last  row 
of  piles  thereof;  a  row  of  fender  piles  shall  be  driven, 
which  shall  receive  a  cap  of  not  less  than  eleven  inches 
square,  laid  on  a  level  with  the  cap  of  the  inner  row  of 
piles  and  on  the  top  of  said  outer  cap  shall  rest  a  fender 
cap  twelve  inches  square,  which  shall  be  fastened  to  the 
two  other  caps,  at  distances  of  five  feet,  with  screw  bolts 
of  one  (1)  inch  in  diameter  and  of  suitable  lengths. 
On  the  outer  edge  of  said  incline  plane,  at  distances  of 
eighty  (80)  feet  apart  and  independent  from  the  wharf, 
clusters  of  piles  shall  be  driven,  each  cluster  to  be  com- 
posed of  four  piles,  which  shall  be  bolted  together  with 
eight  screw  bolts  of  one  and  a  quarter  inches  in  diameter 


WHARVES.  1221 

and  of  suitable  lengths.  That  the  parties  to  whom  this 
contract  shall  be  adjudicated  bind  themselves  to  repair 
and  keep  in  good  order  and  condition  during  the  whole 
term  of  their  contract  such  inclined  planes  or  aprons  as 
4o  now  exist,  and  in  case  there  shall  be  no  incline  planes 
or  aprons  at  the  time  of  accepting  this  lease  or  con- 
tract, the  said  parties  so  accepting  shall  cause  such  in- 
clined planes  or  aprons  to  be  built  at  their  own  expense 
and  shall  keep  the  same  in  repair,  as  aforesaid,  during 
the  entire  term  of  such  contract. 

Art.  3308,  (8)  That  at  each  and  every  wharf  used  speciacations 
for  ships,  a  row  of  fender  piles  shall  be  driven  adjoin- shi^s.**^^" 
ing  the  outer  row  of  piles,  which  shall  be  fastened  with 
■the  other  row  of  piles  of  the  wharf  with  at  least  two 
screw  bolts  of  one  and  a  quarter  inches  in  diameter. 
That  on  the  front  of  each  of  said  ship  wharves,  two 
fender  caps  shall  be  placed,  one  on  a  level  with  the 
flooring  of  the  wharf  and  the  other  at  five  feet  above  the 
low  water  mark ;  said  fenders  shall  be  twelve  (12)  inches 
square,  and  shall  be  fastened  to  the  piles  of  the  wharf 
with  screw  bolts  of  one  and  a  quarter  inches  in  diameter. 
And  the  said  parties  to  whom  this  contract  shall  be  ad- 
judicated shall  repair  and  keep  in  good  order  and  con- 
dition, during  the  whole  term  of  such  contract,  such 
fender  piles  and  caps  as  above  required,  and  shall  cause 
such  fender  piles  and  fender  caps  to  be  driven  and  placed 
as  above  required,  at  their  own  expense,  and  shall  keep 
the  same  in  repair  durmg  the  whole  terra  of  this  con- 
tract. 

Art.  3309.(9)  That  at  each  and  every  wharf  used  por  steam- 
by  steamships  a  row  of  fender  piles  shall  be  driven  ^°*^* 
adjoining  the  outer  row  of  piles,  which  shall  be 
fastened  each  with  the  outer  row  of  piles  of  the  wharf, 
with  at  least  two  screw  bolts  of  one  and  a  quarter  inches 
in  diameter,  each  and  every  alternate  pile  to  be  at  least 
one  foot  above  the  flooring  of  the  wharf.  That  in  the 
front  of  each  of  said  steamship  wharves  two  fender  caps 
shall  be  placed,  on  a  level  with  the  flooring  of  the  wharf, 
and  the  other  at  five  feet  above  low  water  mark,  and  fend- 
ers to  be  twelve  inches  square,  and  to  be  fastened  to  the 


1222  WHARVES. 

piles  of  the  wharf  with  screw  bolts  of  one  and  a  quarter 
inches  in  diameter.  And  the  person  or  persons  to  whom 
said  contract  shall  be  adjudicated  shall  repair  and  keep 
in  good  order  and  condition,  during  the  whole  term  of 
the  contract,  such  fender  piles  and  fender  caps  as  do 
now  exist,  and  in  case  there  are  no  fender  piles  and  caps 
as  above  required  at  the  time  of  accepting  said  contract, 
the  said  party  or  parties  to  whom  said  contract  shall  be 
adjudicated  shall  cause  such  fender  caps  and  fender  piles 
to  be  driven  as  above  required,  at  their  own  expense, 
and  shall  keep  the  same  in^  repair,  as  above,  during  the 
whole  time  of  such  contract. 
Distance  of     Art.  3310.  (10)  That  all  the  wharves,  mooring  piles 

mooring    piles. 

Construction,  at  Icast  twclvc  iuches  square  shall  be  driven,  as  follows: 
On  steamboat,  barges  and  flatboat  wharves,  single 
piles  along  the  knuckle  row  of  the  inclined  planes,  at 
distances  of  fifty  feet  from  centres ;  on  the  steamship  and 
ship  wharves,  and  along  the  line  along  same,  mooring 
piles  wherever  the  City  Engineer  shall  direct ;  each  of 
the  aforesaid  mooring  piles  to  be  strongly  fastened 
to  the  piles  of  the  wharves  with  at  least  two  screw  bolts 
of  one  inch  in  diameter  and  those  on  the  levee  to  be 
strongly  anchored,  and  all  to  project  at  least  four  feet 
above  the  flooring  of  the  wharves  and  the  top  of  the 
levee ;  and  the  said  person  or  persons  to  whom  shall  be 
adjudicated  said  contract  shall  repair  and  keep  in  good 
order  and  condition  during  the  whole  of  said  contract, 
such  mooring  jnles  as  do  now  exist,  and  in  case  there 
shall  be  no  mooring  piles  as  above  required  at  the  time  of 
accepting,  said  person  or  persons  accepting  said  contract 
shall  cause  said  mooring  piles  to  be  driven  and  placed 
at  his  own  expense,  and  shall  keep  the  same  in  repair  as 
aforesaid,  during  the  whole  term  of  this  lease  or  con- 
tract. 

^^Jyil!''''"'^  Art.  3311.  (11)  That  the  said  person  or  persons  to 
whom  said  contract  shall  be  adjudicated  bind  themselves 
by  said  contract  to  build  all  additional  new  wharves  that 
may  be  necessary,  provided  they  be  not  required  to  ex- 
pend on  such  new  wharves  more  than  thirty-five  thou- 
sand ($35,000)  dollars  in  any  one  year,  the  said  new 


WHARVES.  122S 

wharves  being  calculated  at  the  rate  of  twenty  ($20) 
dollars  per  square,  and  no  more.  All  ferry  and  nui- 
sance wharves,  and  all  wharves  excepted  by  sections  2 
and  4  of  this  ordinance,  not  being  included  in  this  con- 
nection. The  term  ''  new  wharves,"  as  expressed  in 
this  section,  shall  be  construed  as  meaning  new  wharves 
where  there  are  no  wharves  now  existing,  and  shall  also 
apply  to  the  rebuilding  of  entirely  new  wharves  to  re- 
place old  ones,  and  to  all  old  wharves  and  bulkheads 
that  may  be  so  ordered  raised  to  the  grade  of  eighteen 
and  a  half  feet,  when  so  ordered  by  the  Council. 

Art.  3312.  (12)  That  the  person  or  persons  to  To  put  land- 
whom  said  contract  shall  be  adjudicated  hereby  bind  condition, 
themselves  by  said  contract  to  immediately  put  in  order, 
to  the  satisfaction  of  the  Commissioner  of  Public  Works 
and  City  Engineer,  the  landings  in  the  First,  Second, 
Third  and  Fourth  Districts,  and  further  bind  them- 
selves to  grade  the  same  from  their  outer  edge  on 
a  regular  declivity,  as  they  are  described  in  section  3 
hereof ;  and  shall  cover  the  same  with  a  sufficient  thick- 
ness of  hard  substances,  such  as  rock,  gravel,  lake  or 
oyster  shell ;  and  shall  keep  the  same  always  in  good 
order  and  condition,  by  filling  up  all  the  holes,  on  their 
first  appearance,  with  hard  substances  as  above  men- 
tioned, and  to  fill  up  with  river  sand  all  parts  of  the 
same  which  may  cave  in  or  sink  below  the  grades  afore- 
said, or  which  may  be  washed  or  destroyed  by  storm  or 
any  other  cause,  and  cover  said  new  filling  with  hard 
substances  as  above  mentioned. 

Art.  3313,  (13)  That  the  said  party  or  parties  Bulkheads 
to  whom  said  contract  shall  be  adjudicated  bindment. 
themselves  by  said  contract  to  put  in  thorough  order 
up  to  the  grade  specified  in  section  5  of  this  ordi- 
nance, wherever  there  are  wharves,  the  bulkheads  and 
revetment  of  the  First,  Second,  Third  and  Fourth  Dis- 
tricts, from  Toledano  to  Piety  streets,  except  such  as  are 
exempted  therefrom  in  sections  2  and  4  of  this  ordi- 
nance, whenever  and  as  soon  as  the  Orleans  Levee 
Board  may  raise  the  levee  to  that  grade,  and  also  to 
raise   the  landings  wherever  there  are  wharves,   to  the 


1224  WHARVES. 

satisfaction  of  the  Commissioner  of  Public  Works  and 
of  the  City  Engineer,  and  to  keep  the  same  always  in 
the  same  good  order  and  condition  during  the  whole 
term  of  said  contract;  and  to  build  all  new  revetments 
which  may  be  required  in  place  of  the  old  ones,  which 
may  be  destroyed  either  by  decay,  by  storms,  or  any 
cause,  with  the  best  quality  of  one  and  one-half  inch 
yellow  pine  plank,  double  thickness,  driven  at  least  four 
feet  into  the  solid  ground  and  well  braced  into  the  levee, 
the  whole  in  the  usual  and  best  workmanlike  manner. 
Wherever  it  is  over  eight  feet  high  the  plank  shall  be  two 
inches,  and  wherever  ten  feet  high,  three  inches  thick. 
Wherever  it  is  over  six  feet  high  and  had  to  hold  filling, 
it  shall  be  three  inches  thick,  with  piles  every  ten  feet ; 
each  kind  of  bulkheads  shall  have  suitable  stringers  or 
walling  pieces,  as  directed  by  the  City  Engineer. 

.  jy*'^*'"'*^  Art.  3314.  (14)  That  the  party  or  parties  to  whom 
said  contract  shall  be  adjudicated  further  bind  them- 
selves to  light  with  electricity  all  the  wharves  and  land- 
ings used  by  commerce,  from  Toledano  street,  in  the 
Fourth  District,  to  Poland  street,  in  the  Third  District, 
provided  this  shall  not  apply  to  wharves  and  landings 
devoted  exclusively  to  individual  or  private  corporate 
use — the  lamps  or  lights  to  be  placed  at  no  greater  dis- 
tance than  two  hundred  and  fifty  feet  apart  over  the 
property  covered  by  this  lease,  except  between  Piety  and 
Poland  streets,  where  they  shall  be  placed  as  now  ex- 
isting ;  the  height  at  which  the  same  are  to  be  erected 
shall  be  determined  by  the  City  Council ;  said  lamps  or 
lights  shall  be  kept  lighted  each  and  every  night,  from 
sunset  to  sunrise,  and  the  class,  quality  and  power  of 
said  lights  to  be  designated  by  the  City  Council. 
Subdivisions     It  shall  furthermore  be  the  duty  of  the  party  or  par- 

°  ^  " '  ties  to  whom  said  contract  shall  be  adjudicated  to  desig- 
nate the  several  subdivisions  of  wharf  front  by  num- 
bers painted  at  least  six  inches  long,  painted  in  dark 
color  on  a  white  field  upon  a  board  of  sufficient  size  to 
be  easily  seen  by  draymen.  These  numbers  shall  start 
from  Canal  street  up  to  Toledano  street,  and  from  Canal 
street  down  to  Piety  street,  and  should  be  placed  upon 
posts  distant  250  feet  from  each  other. 


-WHARVES.  1225 

Art.  3315.  (15)  That  all  the  extent  of  the  port  from  steamship  and 

^        '  rr     1     1    sailing    vessels 

Harmony  to  Market,  except  the  portion  between  Jiiighth  landings. 
and  Ninth  streets,  also  at  the  head  of  Soraparu  street  and 
the  space  of  about  250  feet  immediately  below  the  pres- 
ent wharves  of  the  West  India  and  Pacific  Steamship 
Company,  which  are  hereby  set  aside  as  landings  for 
flatboats,  staves,  etc.,  be  and  the  same  is  hereby  appro- 
priated and  set  apart  as  a  landing  for  steamships  and 
sailing  vessels^  provided,  that  the  slip  of  jetty  between 
Fourth  and  Fifth  streets  and  the  slope  or  incline  be- 
tween First  and  Second  streets  be  maintained  as  they 
are  now  for  the  receiving  and  shipping  of  salt ;  that  all  ^^^^  ^^^^ 
the  extent  of  the  port  from  Market  street  to  the  New 
Orleans  Gas  Light  Company's  wharf  at  Race  street,  be 
and  is  hereby  appropriated  and  set  apart  as  a  landing 
for  steamships  or  sailing  vessels ;  that  all  the  extent  of 
the  port  from  the  New  Orleans  Gas  Light  Company's 
wharf  to  Henderson  street  be  and  is  hereby  appropri- 
ated and  set  apart  as  a  landing  for  coal  boats ;  that  all 
the  extent  of  the  port  from  Henderson  street  to  the 
upper  line  of  the  New  Orleans  Pacific  Railway  wharf  be 
and  the  same  is  hereby  appropriated  and  set  apart  as  a 
landing  for  steamships  and  sailing  vessels ;  that  all  the 
extent  of  the  port  from  the  lower  line  of  the  said  rail- 
way wharf  to  a  point  two  hundred  and  fifty  feet  below 
the  lower  limit  of  the  Louisville  &  Nashville  Railroad 
Company's  wharf  be  and  the  same  is  hereby  set  apart  ^^^^j^^^^^JPI^^^g^ 
and  appropriated  as  a  landing  for  steamships  and  sail- 
ing vessels ;  that  all  the  extent  of  the  port  from  a  point 
two  hundred  and  fifty  feet  below  the  Louisville  &  Nash- 
ville Railroad  Company's  wharf  to  a  point  six  hundred 
and  fifty  feet  below  be  and  the  same  is  hereby  appro- 
priated and  set  apart  as  a  landing  for  barges ;  that  all 
the  extent  of  the  port  from  said  point  to  St.  Louis  street  ^^'s**- 
be  and  is  hereby  appropriated  and  set  apart  as  a  landing 
for  steamboats  ;  that  all  the  extent  of  the  port  from  St. 
Louis  street  to  the  lower  end  of  the  Harrison  Line  steamboats, 
wharf  be  and  the  same  is  hereby  set  apart  and  appro- 
priated as  a  landing  for  steamships ;  that  all  the  extent 
of   the  port  from  the  lower  end  of  the  Harrison  Line 


1226  WHARVES. 

Steamships,  whai'f  to  the  lowei'  end  of  Picayune  Tier  be  and  the 
same  is  hereby  appropriated  and  set  apart  as  a  landing- 
for  steamships  and  sailing  vessels ;  that  all  the  extent  of 
the  port  from  St.  Philip  to  Ursulines  street  be  and  the 
same  is  hereby  set  apart  and  appropriated  as  a  landing 
for  luggers  and  other  small  crafts ;  that  all  the  extent 

Luggers,  etc. 

of  the  port  from  Ursulines  to  Barracks  street  be  and  the 
same  is  hereby  appropriated  and  set  apart  as  a  landing 
for  steamships  and  sailing  vessels ;  that  all  the  extent 
of  the  port  from  a  point  seventy-five  feet  below  Marigny 
to  Port  street  be  and  the  same  is  hereby  set  apart  and 
steamships  appropriated  as  a  landing  for  steamships  and  sailing 

vessels.  vessels ;  that  all  the  extent  of  the  port  from  the  lower 

line  of  the  New  Orleans  &  Northeastern  Railroad  wharf 
to  Piety  street  be  and  the  same  is  hereby  appropriated 
and  set  apart  as  a  landing  for  steamships  and  sailing 
vessels. 
Half  rates.         Art.  3316.  (16)  That  all  vessels  seeking  this  port  in 
distress  and  using  the  city  wharves  shall  pay  only  half 
rates. 
Supervision     Art.  3317.  (17)  That  all  work  and  repairs  to  be  done- 
under  this  ordinance   shall  be   done  under  the   super- 
vision of  the  Commissioner  of  Public  Works  and  City 
Engineer ;  and  in  case  of  refusal  or  neglect  on  the  part 
of  the  contractors  to  perform  the  necessary  work  of  re- 
pairs, it  shall  be  the  duty  of  the  Commissioner  of  Pub- 
lic Works  to  have  the  same  done  at  their  expense. 
Commence-     Art.  3318.  (18)  That   all   work  and  repairs  required 

m  n  o  wor  .  ^^  be  douc  uudcr  this  ordinance  shall  be  com- 
menced by  said  contractors  after  five  days'  notice 
thereof  has  been  given  by  the  Commissioner  of  Public 
Works  and  City  Engineer,  and  prosecuted  as  rapidly  as 
possible. 
Penalty  for  Art.  3319.  (19)  That  iu  case  of  failure  on  the  part  of 
said  contractors  to  commence  or  finish  the  work  or  re- 
pairs within  the  time  mentioned  in  the  order  of  the  Com- 
missioner of  Public  Works  and  City  Engineer,  the  City 
Council  shall  have  the  right,  without  putting  in  default, 
to  order  the  said  work  and  repairs  to  be  done  under  the 
supervision  of  the  Commissioner  of  Public  Works  and 


WHARVES.  1227 

City  Engineer,  at  the  expense  of  said  contractors,  and 
further  to  hold  him  or  them,  and  his  or  their  sureties, 
liable  for  all  damage  caused  by  said  default. 

Art.  3320,  (20)  That   the   city   reserves  the  right  to      Reservation 

.,  ,  .         ,..,  „  ,.         of  right  of  city. 

grant  to  railroad  companies  the  privilege  of  constructing 
such  improvements  and  betterments  and  making  such 
to  wharves  that  may  be  hereafter  assigned  to  them 
respectively,  as  in  the  judgment  of  the  Commissioner 
of  Public  Works  and  City  Engineer  may  be  necessary 
to  render  such  wharves  suitable  and  proper  for  the 
transaction  of  the  business  of  said  railroad  companies ; 
provided,  that  such  improvements  and  repairs  shall  not 
cost  the  said  contractors  a  greater  amount  than  if  said 
wharves  were  constructed  according  to  the  specifications 
heretofore  provided  for,  and  all  such  work  shall  be 
classed  as  new  work. 

Art.  3321.  (21)  That  the  aforesaid  wharves  and  land-     Regulations, 
ings  shall  continue  subject  to  the  regulations  now  govern- 
ing and  protecting  the  same  under  existing  ordinances, 
and  no  change  shall  be  made  without  the  consent  of  both 
parties. 

Art.  3322.  (22)  That  the  said  person  or  persons  to  Damages, 
whom  said  contract  shall  be  adjudicated  and  their  sureties 
shall  be  responsible  for  all  damages  which  may  be 
claimed  by  the  city,  or  by  any  party  or  parties  who  may 
sustain  injury  or  damage  in  consequence  of  the  neglect 
of  the  aforesaid  contractors  to  comply  with  the  require- 
ments of  this  ordinance,  but  the  said  lessees  shall  be 
responsible  to  third  persons  only  when  the  city  herself 
would  be  responsible  under  like  circumstances. 

Art.  3323.  (23)  That  it  is  well  understood  that  in  Annulment  of 
case  of  failure  on  the  part  of  said  person  or  persons  to  *^°"*''**^^' 
whom  said  contract  may  be  adjudicated  to  commence  or 
finish  the  work,  or  any  part  thereof,  within  the  time 
fixed,  the  City  Council  shall  have  the  right  to  annul 
said  contract  or  lease  without  putting  the  said  contrac- 
tors or  lessees  in  default,  as  required  by  Article  1905  of 
the  Civil  Code,  or  any  other  law,  and  without  applying 
to  a  court  of  justice  to  annul  the  same,  and  without 
indemnity ;  and  it  is  also  well  understood  that  in  case 


1228  WHARVES. 

the  said  lessee  or  contractors  shall  at  any  time  abandon 
the  work,  or  not  finish  or  complete  the  same  in  con- 
formity with  their  contract,  the  said  contractors  or 
lessees  shall  forfeit  all  claims  they  may  have  for  any 
part  of  the  work  done  by  them  up  to  the  date  of  their 
abandonment,  and  that  the  city  shall  be  thereby  released 
and  discharged  from  any  and  all  liabilities  therefor,  and 
it  is  also  well  understood  that  in  case  the  contract  be 
sold,  the  lessee  or  contractor,  and  their  sureties,  shall  be 
held  and  bound  to  pay  unto  the  city  all  loss  or  differ- 
ence between  the  price  at  which  the  lessees  or  con- 
tractors originally  contracted  to  perform  the  work  and 
the  price  at  which  it  may  be  adjudicated  at  a  resale  or 
read  judication. 
Release.  Art.  3324.  (24)  That  it  is  also  well  understood  that 

it  is  not  in  the  power  of  the  City  Council,  or  any  officer 
or  department  of  the  government  of  the  city  of  New 
Orleans,  to  release  said  contractors  or  lessees  from  a 
strict  compliance  with  this  contract  in  all  its  conditions 
and  in  all  respects. 
Expenditures.  Art.  3325,  (25)  That  the  said  lease  shall  be  adjudi- 
cated to  the  person  or  persons  agreeing  to  expend,  under 
the  orders  of  the  Council,  the  greatest  sum  of  money 
during  the  first  two  years  of  the  lease,  in  furnishing 
additional  facilities  for  commerce  along  the  river  front, 
and  to  pay  annually  to  the  city  of  New  Orleans,  in  equal 
ni^nUn*mo^rfth*  monthly  instalments,  the  sum  of  forty  thousand  dollars 
Sow appS'*  ($40,000),  thirty  thousand  dollars  ($30,000)  of  which 
shall  be  devoted  to  the  payment  and  maintenance  of  a 
harbor  police  for  the  protection  of  commerce,  etc.,  along 
the  river  front  of  the  city;  and  the  remaining  ten 
thousand  dollars  ($10,000)  to  be  devoted  exclusively  to 
the  payment  of  the  salaries  of  the  wharfingers,  con- 
travention clerks,  signal  officers  and  other  employees  on 
the  wharves  and  landings  in  connection  with  the  Depart- 
ment of  Public  Works  of  said  city,  and  in  connection 
with  the  foregoing  to  keep  the  wharves  lighted  with 
electric  lights  as  hereinbefore  provided. 
Bomd,  $100,-  Art.  3326.  (26)  That  the  said  person  or  persons  to 
°°°'  whom   said  contract  shall  be  adjudicated,   for  and   in 


WHARVES.  1229 

consideration  of  this  contract,  shall  furnish  their  obli- 
gation or  bond,  with  good  solvent  security,  to  be 
approved  by  the  City  Council,  in  the  sum  of  one  hundred 
thousand  dollars  ($100,000),  conditioned  for  the  true 
and  faithful  performance  on  their  part  of  all  the  duties 
and  obligations  on  them  by  this  ordinance. 

Art.  3327.  (27)  That  the  said  contractors,  by  the  consent  of 
acceptance  of  said  contract,  obligate  themselves  not  to  ^^  ^' 
sell,  subrogate,  transfer,  assign,  set  over  or  sublet 
their  rights,  title  and  interest  in  the  same  to  any  person 
whatsoever,  without  the  consent  of  the  City  Council  be 
previously  obtained ;  and  any  such  sale,  transfer,  assign- 
ment, subrogation  or  lease,  without  the  consent  of  the 
City  Council,  shall  subject  the  said  lessee  to  penalties 
prescribed  by  this  ordinance  for  violation  of  its  pro- 
visions, and  will  authorize  the  City  Council,  if  deemed 
advisable,  to  declare  the  contract  forfeited,  and  hold  the 
said  lessees  and  their  sureties  liable  to  damages  for 
violation  of  their  contract  or  lease. 

Art.  2328.  ^28)  That  it  shall  be  the  duty  of  the  said  Annual  state- 
lessees  to  submit  to  the  Commissioner  of  Public  Works,  '"^°'* 
on  the  first  day  of  July  of  each  year,  a  sworn  state- 
ment, substantiated  by  books  and  vouchers,  setting  forth 
a  full  account  of  their  receipts  and  disbursements  dur- 
ing the  fiscal  year  ending  May  28  next  preceding,  and 
such  statement  shall  show  separately  the  receipts  for 
each  class  of  vessels,  and  also  from  the  wharves  herein 
leased ;  and  also  show  separately  the  cost  of  maintain- 
ing and  repairing  the  wharves,  levees,  landings  and  bulk- 
heads by  districts. 

Art.  3329.  (29)  That  no  bid  shall  be  entertained  un-  Bid. 
less  the  bidder,  at  the  time  of  presenting  his  sealed  pro- 
posal, shall  accompany  the  same  with  a  certified  check 
for  thirty-five  thousand  dollars  ($35,000)  to  the  order 
of  the  city  of  New  Orleans,  which  check  shall  be  held 
until  the  lease  is  adjudicated.  The  check  of  the  suc- 
cessful bidder  shall  be  retained  until  he  shall  have 
signed  notarial  act  and  furnished  bond,  when  it  shall  be 
returned  to  him.  In  case  he  shall  refuse  to  sign  the 
contract  and  furnish  bond  within  a  reasonable  time,  said 
check  shall  be  forfeited  to  and  belong  to  the  city. 


1230  WHARVES. 

Extension  of     Art.  3330.  (30)  That  all  existing  leasees  or  contracts 

special    leases.  „,  „  •ni. 

for  the  use  of  specially  designated  parts — of  wharves  to 
steamship  lines  or  other  transportation  companies — be 
and  are  hereby  extended  during  the  continuance  of  this 
lease,  unless  otherwise  ordained  by  the  City  Council. 

Surrender  of  Art.  3331.  (31)  That  the  Said  contractors  shall  and 
will,  on  the  last  day  of  the  term  of  this  contract,  peace- 
ably and  quietly  leave,  surrender  and  yield  up  their  en- 
tire plant  used  in  the  construction  of  and  maintaining 
the  wharves  and  landings  of  the  city,  with  all  appurten- 
ances thereunto  belonging,  in  good  order  and  condition, 
and  the  said  city  does  far  itself  agree  and  bind  itself,  ten 
days  prior  to  the  expiration  of  this  lease,  to  appoint  and 
name  an  appraiser,  who,  together  with  an  appraiser  to 
be  appointed  by  said  lessees,  will  immediately  proceed 
to  value  the  said  plant,  the  two  appraisers  choosing  a 
third  in  case  of  disagreement ;  and  the  said  city  does 
hereby  agree  and  bind  itself,  upon  the  surrender  of  said 
plant,  to  pay  for  the  same  the  price  fixed,  or  cause  said 
price  to  be  paid  by  the  succeeding  lessees,  as  one  of  the 
obligations  of  their  lease,  and  the  party  or  parties  to 
whom  said  contract  shall  be  adjudicated  bind  themselves 
to  pay  to  Joseph  A.  Aiken  &  Co.  the  appraised  value  of 
their  plant,  etc.,  within  ten  days  after  adjudication  of 
this  lease. 

Repealing     Art.  3332.  (32)  That  all  ordinances  or  parts  of  ordi- 

clause.  ^       '  '■ 

nances  in  conflict  herewith  be  and  the  same  are  hereby 
repealed. 
Amending     Art.  3333.  That  the  provisions  relative  to  the  provid- 

section    i  5    o  t 

ordinance  5256,  lug  of  a  slope  Or  iucliue  in  the  wharf  between  First  and 

ord.  No.  701 1,  Second  streets,  as  provided  in  lines  nine  and  ten  of  sec- 

b^.  13, 189^. tion   15  of  Ordinance   No.    5256,  C.  S.,  adopted  April 

25,  1891,  be  and   is   hereby   modified  so  as  to  have  this 

wharf  built   as  a  steamship  wharf  with  a  slip  placed  at 

the  head  of  First   street  ten  feet  wide  and  a  slip  20  feet 

wide  located  about  one  hundred  feet  above  First  street. 

Art.  3334.  That  the  wharf  lessees  be  and  are  hereby 

instructed  to  construct  the   wharf   in   conformity  with 

this  modification. 

Art.  3335.  That  the   Mayor  be  and  he  is  herebv  au- 


WHARVES.  1231 

thorized  and  directed  to  enter  into  notarial  contract  contract 
with  C.  K.  Bnrdeau  for  the  lease  of  the  wharves,  etc.,  ord. i^o. 5303, 
in  accordance  with  Ordinances  Nos.  5247  and  52.jG,  C.  Mky  12,  1391. 
JS.,  and  as  per  his  bid  of  date  May  4,  1891. 

Art.  3336.  That  the  city  of  New  Orleans  consents 
that  the  bid  of  Charles  K.  Bnrdean  for  the  lease  of   the 
public   wharves,    made   under  the   provisions  of   Ordi- Louisiana  con- 
nance  No.  5256,  C.  8.,  and  accepted  by  the  Council,  be  improvement 
transferred  to  the  Louisiana  Construction  and  Improve-   oVd.  No.  5317. 
raent  Company,  a  corporation  created  under  the  laws  of   kky  19, 1891. 
this  State,   the   said   company  to  furnish   the  bond  and 
surety   required   by  the   said   ordinance,  and   that   the 
Mayor  be  authorized  to  execute  on  behalf  of  the  city  the 
requisite    contract   of    lease    with   the    said    Louisiana 
Construction     and     Improvement     Company,     instead 
■of    with   the   said  Charles   K.    Burdeau,    according  to 
the  terms  of  the  said  ordinance  under  which   said   bid 
was  made  and  accepted,  wherein  the  said  Louisiana  Con- 
struction and  Improvement  Company   shall   assume  all 
the  obligations   imposed  by  the  said  ordinance  upon  the 
said   Charles  K.  Burdeau,  with  all  the  benefits,  advan- 
tages and  rights  accruing  to  the  said  Burdeau  from  the 
adjudication  thereof. 

This   ordinance  to  take  effect  from  and  af tei-  its  adop-    T^ke  effect.^ 
tion  and  promulgation. 

FIFTH   DISTRICT. 

Art.  3337.  (1)  That  the  entire  river  front  of  the  Fifth    Dedication. 
District   of  the  city  of  New   Orleans  (Algiers),  or   so    March,  I'ssi. 
much  thereof  as  may  hereafter  be  determined,  be  dedi- 
cated exclusively  to  the  use  of  shipping  and  commerce, 
under  the  control  and  management  and  in  the  manner  to 
be  directed  by  the  City  Council. 

Art.  3338.  (2)  That  the  City  Surveyor  be  and  he  is  .survey  of 
hereby  requested  to  make  a  survey  of  said  river  front,  *  ib. 

Tinder  the  advice  and  direction  of  the  Department  of 
Improvements,  with  a  view  of  determining  the  river 
front,  in  depth  and  length,  to  be  set  apart  for  the  pur- 
poses indicated,  designating  the  particular  places  where 
wharves  or  landings  shall  be  constructed. 


1232  WTIARVES, 

Construction      Art.  3339.   (3)  That  upon  the  receipt  of  the  report 
arvts.ec.  ^^^  survey,  from  the  City  Surveyor,  that  the  Adminis- 
trator of    Improvements   report  to   the   Council   what 
wharves  and  landings  it  will  be  necessary  to  construct^ 
together  with  the  probable  cost  thereof,  etc. 

SIXTH  AND  SEVENTH  DISTRICTS. 

Art.  3340.  (1)  That  the  following  rates  for  wharfage, 
landing  and  levee  dues  for  water  craft  landing  or  moor- 
ing at  the  wharves,  landings  or  levees  of  the  Sixth  and 
Seventh  Municipal  Districts  of  the  city  of  New  Orleans 
are  hereby  established,  to-wit : 

^^character  of     That  wheu  any  decked  vessel,  ship,  steamship,  steam- 
Ord.  No.  7928,  boat  or  model  barge  or  other  water  craft  shall  land  or 
juiy  12, 1882.  moor  within  the  limits  of  said  Sixth  and  Seventh  Dis- 
tricts, where   there   are   neither  wharves  nor  piers,  but 
merely  the  levee  with  suitable  conveniences  for  making 
fast,  the   charge   shall  be  one  dollar  per  day  for  steam- 
boats and  model  barges,  and  one  dollar  for  each  landing 
made   by   steamship   or   steamboat  within  those  limits, 
five   cents  per  ton  for  every  thirty  days  or  part  thereof, 
for  ships  or  steamships ;  two  cents  per  foot  for  each  and 
every  flatboat  or  barge,  for  each  thirty  days  or  a  portion 
Bates  thereof;  and  three  cents  per  log,  of  ten  lineal  feet  each, 

of  each  and  every  raft,  for  each  thirty  days  or  part 
thereof ;  and  three  dollars  for  each  and  every  flatboat  or 
coal  boat  or  coal  barge  broken  up  for  making  cord  wood, 
plank,  etc.,  and  ten  cents  per  cord  for  each  cord  of  wood 
or  drift  wood  made  or  piled  on  the  landings ;  all  to  be 
payable  in  advance. 
Rates  per  trip.  On  cvcry  flatboat,  barge,  pirogue,  scow,  or  other 
vessel  measuring  not  over  twenty-five  tons,  two  dollars 
per  trip,  payable  on  arrival.  For  each  and  every  coal 
boat  or  coal  barge  engaged  in  carrying  coal,  and  land- 
Rates     er  ^°^'  ^^  mooring,  at  any  of  the  landings  or  moorings  in 

month.  said  districts,  three  ($3)  dollars  per  month  for  each  and 

every  month,  or  part  of  a  month,  when  the  boat  is 
moved  before  its  expiration,  payable  in  advance.  This 
charge  is  exclusive  of  wharfage  dues  to  be  charged  when 
such  flatboat  or  barge  removes  to  another  district. 


WHARVES.  1233 


Art.  3341.  (2)  That  nothing  in  this  ordinance  shall  Rightsoties- 
be  construed  as  impairing  or  intending  to  impair  any  of  paired, 
the  rights  of  the  present  lessee  of  the  wharves  and  land- 
ings of  said  Sixth  and  Seventh  Districts,  and  that  all 
city  laws  or  ordinances  in  conflict  with  the  provisions  of 
this  ordinance  be  and  the  same  are  hereby  repealed,  and 
that  this  ordinance  take  effect  from  and  after  its  pro- 
mulgation. 

Art.  3342.  (1)  That  the  bid  of  George  S.  Pettit  for   Lease  to  Geo. 
the  lease  of  the  landings  of  the  Sixth  and  Seventh  Dis-    a.  s.'7482. 
tricts,  made  in  accordance  with  Ordinance  No.  7384,  Ad-      ^*^"'' 
ministration  Series,  for  the  sum   of   eight   hundred  and 
four  dollars  per  annum,  be  and   the   same  is  hereby  ac- 
cepted, and   the   Mayor   is   hereby    authorized  and  em- 
powered to  enter  into  notarial  contract  before  the  City 
Notary  with  the  said  George  S.  Pettit,  reserving  in  said 
act  to  the  city  of  New  Orleans  the  right  of  extending  its 
wharves  without  prejudice  to   itself  or  the   city  wharf 
lessees. 

Art.  3343.  (1)  That  James  Sweeney  be  and  is  here-  jas.  Sweeney, 
by  recognized  as  the  transferee  of  the  lease  of  the  land-  ^an^^^issz. 
ings  of  the  Sixth  and  Seventh  Municipal  Districts  of  the 
city  of  New  Orleans,  in  the  place  and  stead  of  George 
S.  Pettit,  lessee,  and  as  such  transferee  that  he  is  en- 
titled to  collect  and  receive  the  dues,  fees  and  revenues 
for  said  landings  for  the  term  of  said  lease. 

That  this  ordinance  take  effect  from  and  after  its  pas- 
sage. 

PRIVILEGES. 

Ord.  5314.  Allan  Line,  Gulf  Port  Line,  Johnston  Line,  and 
Italian  Line,  from  the  upper  line  of  Seventh 
street  800  feet  down ;  for  fifteen  years.  May 
14,  1891. 

Ord.  8990.  Algiers  Brass  Band,  to  remove  house  foot  of  Seguin 
street  to  foot  of  Levergne  street  on  levee  front, 
tifth  district,  amending  Ordinance  4454.  April 
14.  1891. 

Ord.  3833.  Bush.  Elijah,  to  drive  four  piles  or  posts  in  Missis- 
sippi river  at  dump  wharf,  fifth  municipal  dis- 
trict.    July  1,  1889. 

Ord.  5259.  Brown,  L.  W.,  to  erect,  establish  and  operate  a  land- 
ing to  connect  boats  or  barges  with  the  tracks 
on  the  wharf  and  property  of  the  foundry  and 
machine  shops,  to  be  erected  between  Broad- 
way and  Lowerline  street.     April  28,  1891. 


1234  WHARVES. 


Also  to  establish,  operate  and  maintain  a 
shipways  and  ship  yard,  also  a  floating  dry 
dock  and  yard  on  the  river  bank,  between 
the  prolongation  of  the  lower  line  of  Broad- 
way street  and  the  prolongation  of  the  upper 
line  of  Lowerline  street. 

Also  to  erect,  operate  and  maintain  on  the 
Mississippi  river,  between  the  pi'olongation  of 
the  lower  line  of  Broadway  street  and  the 
upper  line  of  Lowerline  street,  such  wharf 
landings,  pontoons,  keel  docks,  tugs,  barges 
and  other  appurtenances  necessary  for  the 
proper  transaction  of  the  business  of  the  ship 
yards  and  foundry,  provided  they  do  not  inter- 
fere with  any  existing  marine  or  navigation 
rules  and  regulations. 

Said  privileges  granted  for  a  period  of  fifty 
years  from  the  passage  of  the  ordinance,  the 
construction  of  said  warves,  etc.,  to  start  with- 
in six  months,  or  privilege  to  revert  back  to 
the  city. 

Ord.  6544.  Bowman,  Mrs.E.  S..  rights  and  privileges  to  lot  No. 
12  West  End.  inside  revetment  levee,  forfeited. 
Unexpired  lease  granted  Pastime  Club.  Ordi- 
nance 7186,  A.  S.     July  28,   1892. 
Repealed  by  Ordinance  10,638.  C.  S. 

Ord.  6798.  Bruning,  John,  unexpired  lease  of  lot  18  West  End, 
inside  revetment  levee,  under  Ordinance  7759, 
A.  S.     October  6,  1892. 

Ord.  9899.  Brooks,  W.  H.  Co..  to  remove  office  to  the  edge  of 
the  wharf  at  the  head  of  Gravier  street.  No- 
vember 2    1894. 

Ord.  10,699.  Bruning,  Theo.,  transferring  all  rights  of  the 
Pastime  Pleasure  Club  and  lots  12  and  13  West 
End  to  him.     May  13,  1895. 

Ord.  10.722.  Bruning,  Theo.,  to  erect  stands  for  horses  on  lots 
Xos.  12  and  13  West  End.     May  17,  1895. 

Ord.  3237.  Cromwell  Steamship  Line,  to  raise  floor  of  shed 
and  extend  same  to  within  about  three  feet  of 
the  Louisville  &  Nashville  Railroad.  October 
4,  1888. 

Ord.  4238.  Corette,  Mrs.  M.,  five  miles  bel  )W  Algiers,  between 
John  Flanders  and  Stanton  plantations,  to 
place  dam  or  rice  flume.     February  3,  1890. 

Ord.  5315.  Coyle,  W.  G.  &  Co.,  transferred  to  privileges  un- 
der Ordinance  7427,  A.  S.,  until  expiration  of 
lease  pending  before   Council.     May  14,  1891. 

Ord.  5509.  Cromwell  Steamship  Line,  to  erect  open  shed  250 
xlOO  feet  on  their  wharf.  August  6,  1891. 
Repealed  by  Ordinance  6650,  C.  S. 

Ord.  5952.  Cromwell  Steamship  Line,  privileges  granted  under 
Ordinance  8048.  A.  S.,  renewed  for  fifteen  years. 
January  15.  1892. 

Ord.  6199.  E.  J.  and  W.  J.  Comeaux  and  Thos.  K.  Voorhies 
to  erect  a  two-story  building  on  the  levee 
at  the  head  of  Bienville  street.  The  first  story 
of  structure  for  use  of  the  second  district 
wharfinger  of  the  city.     April  2,  1892. 


WHARVES.  1235 

Ord.  6676.  Amending  Ordinance  6199,  C.  S.,  to  pave  front  of 
said  building  on  Bienville  street.     September 
9,  1892. 
Ord    7023.  Condron,  John  T.,  sixty  feet  of  space  at  the  foot  of 
Julia  street  for  storage  of  oyster  shells.    De- 
cember 21.  1892. 
Ord.  7354.  Cromwell  New  York  and  Xew   Orleans   Steamship' 
Line,  to   erect  an  open    shed    constructed  of 
iron,  on  either  end  of    the    present    freight 
warehouse,  to  the  prolongation   of  the   lower 
line  of  St.  Louis  street  and  the   upper   line  of 
Toulouse  street,  and  extending  on  the  river  side- 
of  the  present  freight   shed   to  a  point  so  that 
the  row  of  posts  supporting  the  sheds  will  not 
be  less  than  thirtv  feet  from  the  existing  bulk- 
head.    March  30,  1894. 
Ord.  7560.  Coyle,   W.   G.   &    Co.,   to    erect    and  operate    at 
their  coal  landing,  between  Race  and  Hender- 
son streets,   an  elevated  conveyor.    May  11,. 
1894. 
Ord.  7942.  Coyle,  W.  G.,  transferring  wharf  privileges  granted 
Thomas   Sweenev   under  Ordinances  5315  and 
7427.     August  18,  1894. 
Ord.  8135,  A.  S.  Cie,  Gle.  Transatlantic  Steamship  Co.,  Adolpb 
Schrieber,  agent,   repealing    Ordinance    Nos.. 
7334,  7375  and  8105,  A.  S.,  and   granting  all 
that  portion  from  upper  line  of  Spain  street 
and  extending  down  stream  325  feet,  to  a  point 
immediately    below   Enghien   street,   for  ten 
years.    November  9,  1882. 
Ord.  8714.  Cahn,  Henry,  F..  to  erect  building  on  batture   be- 
tween Burdette  and  Washington  streets.   Feb- 
ruary 9,  1894. 
Ord.  10,143.  Crusel,  J.   E..  that  portion  of    the     river    front 
bounded  by    the    prolongation    of    the   river 
front  and  the  railroad  tracks  and  Robin   street 
and  100  feet  below,   as   landing  for  builders' 
supplies;  said  Crusel  to  maintain   plank   road- 
way on  Water  street  in  front  of  said  grant  in 
good  order  and  condition  for  a  period  of  five- 
years.     January  2,  1895. 
Ord.  10,181.  Canaher.  Frank,  to  remove  office  from  the  road- 
way on  the  river  front  at  the  head  of  Lafayette 
street.     January  9,  1895. 
Ord.  10,310.  Crusel,  J.  E..  to  operate  overhead  tramway  at  the 
head  of  Robin  street,  for  the  purpose   of   un- 
loading barges.     February  12,  1895. 
Ord.  4123.  Desforges  &  Jung,  to  use  outside  of  levee  between 
Robin  and  Henderson  as  a  coal  landing,  and  in 
consideration  to  keep   certain  streets  and  ap- 
proaches in  repair.     May  25,  1891.     Amended 
by  Ordinances  5532,  8244.  8289,  C.  S. 
Ord.  7560.  Desforges  &  Jung,  to  erect  and  operate  an  elevated 
conveyor  at  their  coal   landing  between  Race 
and    Henderson  streets,  in    conjunction  witk 
dredgeboat  on  the   river.     May  11,  1893. 
Ord.  8244.  Desforges  &  Jung,  transferring  all  their  right  and 
privileges    under    Ordinance  4123,   C.    S..   to- 
Messrs.  Whann  &  Jutte.     November  2,  1893.. 


1236  WHARVES. 

Ord.  5128.  Eclipse  Rowing  Club,  amending  Ordinance  4975, 
and  allowing  removal  of  boat  house  beyond 
levee  line.     Februarv  28.  1891 . 

Ord.  G675.  Elder.  Dempster  &  Co..  to  erect  small  frame  build- 
ing 15x15  feet  on  their  wharf  on  river  front 
between  .Jackson  and  Soraparu  streets,  to  be 
used  as  a  telephone  office.     September  9,  1892. 

Ord.  9211.  Elder,  Dempster  &  Co.,  that  portion  of  the  river 
front  from  Jackson  to  Front  streets,  they  to 
keep  approaches  in  good  order  and  condition. 
March  22,  1894. 

Ord.  4273.  Fink  &  Lamton,  to  erect  mooring  port  on  river 
bank  opposite  foot  of  Levergne  street.  Feb- 
ruary 8.  1890. 

Ord.  4447.  French  Commercial  Line,  from  the  upper  end  of  the 
West  India  and  Pacific  Steamship  Company, 
extending  up  stream  500  feet.  They  shall  at  all 
times  keep  the  approaches  to  said  wharf  in 
good  order  and  condition.  All  ordinances  or 
parts  of  ordinances  granting  wharf  room  else- 
where are  hereby  repealed.  April  24,  1890. 
Transferred  by  Ordinance  9152  to  the  French 
Line,  Chargeurs  Reunis. 

Ord.  6851.  Frye  Triumph  Press  Brick  Manufacturing  Com- 
pany, to  erect  small  frame  building  on  the 
batture  in  front  of  their  brickyard.  October 
29,  1892. 

Ord.  7998,  A.  S.  Forstall.  Ross  &  Clayton,  agents,  from  lower 
line  of  St.  Andrew  street  down  stream  450 
feet,  for  ten  years.    August  15,  1882. 

Ord.  7998,  A.  S.  French  Commercial  Line  of  steamers.  Same 
as  above. 

Ord.  9152.  French  Line,  Chargeurs  Reunis,  transferring  to 
them  the  privilege  granted  the  French  Com- 
mercial Line  of  steamers.  500  feet  front  be- 
tween West  India  and  Pacific  Steamship  Com- 
pany and  the  Ross,  Thompson  Beaver  Line. 
May  2,  1894. 

Ord.  5162.  Glynn  &  Larringa,  all  that  portion  of  the  river 
front  known  as  Orange  street  wharf,  from  Xew 
Orleans  Waterworks  Company  pipes  below 
Richard  street  to  the  Xew  Orleans  Gas  Com- 
pany landing,  say  500  feet.  Privilege  for  fif- 
teen years.     March  6,  1891. 

Also  to  erect  an  open  shed  upon   sucb  por- 
tion as  the  City  Engineer  may  approve. 

Ord.  5313.  Grey  Line,  Xorth  American  Transport  Line,  Liver- 
pool and  Porto  Rico,  Prince  Line  and  Mel- 
bourne Line,  from  the  lower  side  of  the  line  of 
Fourth  street,  350  feet.  Privilege  for  fifteen 
years.     May  14,  1891. 

Ord.  5314.  Gulf  Port,  Allan.  Johnston  and  Italian  Lines,  from 
the  upper  line  of  Seventh  street  800  feet  down, 
for  fifteen  years.     May  14,  1891. 

Ord.  6079.  Gulf  Port  Steamship  Line  and  Anchor  Line,  from 
the  upper  line  of  Seventh  street  400  feet  up  to 
the  steamers  of  the  Gulf  Ports  Steamship 
Line  and  Anchor    Line.     February   23,   1892. 


WHARVES.  1237 

Also  to  erect  tire-proof  roof  not  exceeding 
seventy  feet  in  width  and  supported  by  posts, 
provided  such  sheds  shall  be  so  constructed  as 
to  allow  any  necessary  repairs  to  be  made  to 
the  wharf.  That  no  part  of  the  space  covered 
by  this  roof  shall  be  covered  except  20x20 
feet  for  otHce  and  telephone  room. 

Also  to  erect  raised  cisterns  or  tanks  not 
exceeding  20,000  gallons,  and  to  lay  pipes  and 
to  insert  plugs  and  appliances  in  same,  for 
proper  attaching  of  hose  at  such  points  as  they 
may  find  convenient;  those  pipes  laying  below 
the  wharves  to  connect  with  the  cisterns  or 
tanks  for  extinguishment  of  fires  on  the  wharf 
and  on  board  of  vessels;  provided  the  founda- 
tion piles  upon  which  said  tanks  rest  shall  be 
separated  and  apart  from  those  of  the  wharf, 
and  so  constructed  that  the  weight  of  same 
shall  not  bear  upon  any  portion  of  the   wharf. 

Ord.  4522.  Harrison  Steamship  Line,  that  portion  of  the  river 
front  extending  from  St.  Ann  street  ferry 
down  stream,  and  the  levee  end  of  the  "  Pica- 
yune Tier,*"  to  erect  open  shed  over  said 
wharf.     May  16. 1890. 

Ord.  4523.  Harrison  Steamship  Line,  to   erect   open   shed   on 
wharf  now  occupied  as  a  landing  for   ships   of 
that  line,  between   the   "Cromwell""   landing     . 
and  the  Morgan's  ferry.     Privilege  granted  for 
fifteen  years.     May  16,  1890. 

Ord.  4538.  Hall  Steamship  Line,  that  portion  of  the  wharf 
commencing  from  the  upper  end  of  wharf 
allotted  to  the  Lampart  &  Holt  Steamship 
Lines  extending  315  feet.     May  16,  1890. 

Also  to  erect  an  open  shed  on  said  wharf. 
Privileges  granted  for  fifteen  years. 

Ord.  4609.  Harrison  Steamship  Line,  that  portion  of  river 
front  commencing  at  Toulouse  street,  extend- 
ing down  stream  to  Morgan's  Ferry  Landing  at 
Jackson  Square,  about  580  feet.     July  7,  1890. 

Ord.  4976.  Hope  Rowing  Club,  to  erect  boat  house  on  levee 
between  posts  27  and  28,  and  also  a  two-story 
building  on  same  site,  as  per  Ordinances 
2742,  335.  A.  S.  Repealed.  December  24, 
1890. 

Ord.  987.  Harrison  Line,  repealing  Ordinance  No.  6764,  A. 
S.,  and  300  feet  wharf  room  granted.  May  29, 
1883. 

Ord.  6030.  Harrison  Steamship  Line,  transferring  privilege  of 
wharf  near  Picayune  Tier  to  wharf  between 
Richard  street  ferry  and  Bobet  stave  landing. 
February  11,  1892. 

Ord.  6798.  Harrison,  Dan.  C  forfeiting  rights  and  privileges 
to  lot  No.  18  West  End,  under  Ordinance  7759, 
A.  S.     October  6   1892. 

Ord.  6832,  A.  S.  Harrison  Line,  at  Post  No.  IL  and  280ieet  ad- 
joining and  below  the  N.  Y.,  Havana  and 
Mexican  Mail  Line.     January,  1881. 

Ord.  7797,  A.  S.  Harrison  Line,  authority  to  plank  portion  of 
levee  granted  under  Ordinance  No.  6832,  A. 
S. ;  also  to  build  shed.     August  8,  1882. 


1238  WHARVES. 

Ord.  8660.  Heintz  &  Thomas.  Privileges  granted  Elijah  Bist 
under  Ordinance  No.  2310.  C.  S. 

■Ord.  5314.  Italian,  Gulf  Port.  Allan  and  Johnston  Lines,  from 
the  upper  line  of  Seventh  street  800  feet  down, 
for  fifteen  years.     May  14.  1891. 

•Ord.  5177.  Illinois  Central  Railroad  Company,  all  that  portion 
of  wharves  and  landings  extending  down  the 
river  from  the  lower  limit  of  the  regular  wharf 
of  the  New  Orleans  Pacific  Railroad  to  the 
lower  limit  of  Calliope  street.  March  12, 1892. 
Ord.  10.942.  Jesse,  Emile,  to  erect  on  batture  between  Fern  and 
Short  streets  a  building  to  be  used  as  a  fishing 
club.     July  2,  1895. 

•Ord.  4525.  Lampart  &  Holt  Lines  of  Steamers,  that  portion  of 
the  river  front  commencing  at  the  lower  side 
of  Terpsichore  street  and  extending  up  stream 
450  feet.     May  16,  1890. 

Also    to  erect  open  sheds  on  said   wharf. 
Privilege  granted  for  fifteen  years. 

-Ord.  4632.  Lampart  &  Holt  Lines  of  Steamers,  to  erect  tele- 
phone booih  on  wharf  allotted  to  said  line, 
10x12  feet.     July  31.  1890. 

Ord.  4744.  Lamia.  Peter,  renewing  certain  privileges  granted 
under  Ordinance  No.  7930,  A.  S..  of  date  July 
12.  1882,  for  term  of  ten  years.  September  30, 
1890. 

Ord.  4744.  Lamia.  Peter,  removing  privileges  underOrdinance 
7930,  A.  S.     October  3.  1890. 

Ord.  4868.  Louisiana  Ice  Manufacturing  Company,  to  build 
and  maintain  wharf  on  Mississippi  river  front- 
ing their  factorv  No.  1  near  Louisiana  avenue. 
November  22.  1890. 

Ord.  5177.  Louisville  &  Nashville  Railroad  Company,  all  that 
portion  of  wharves  and  landings  extending 
down  the  river  from  the  lower  limit  of  the 
regular  wharf  of  the  New  Orleans,  Mobile  & 
Texas  Railroad  to  a  point  250  feet  below  the 
said  lower  limit.     March  12.  1891. 

Ord.  5178.  Louisville  &  Nashville  Railroad  Company,  to  erect 
7x9  watch  tower  at  intersection  of  N.  Peters 
and  Elysian  Fields  streets.     March  10, 1891. 

Ord.  5313.  Liverpool  and  Porto  Rico,  North  American  Trans- 
port, Grey,  Prince  and  Melbourne  Lines,  from  ■ 
the  lower  end  of  the  line  of  Fourth  street  350 
feet  down,  granted  for  fifteen  years.  May  14 
1891. 
.  Ord.  5832.  Louisiana  Electric  Light  and  Power  Company,  use 
of  batture  fronting  their  works  for  storage  of 
coal  for  fifteen  years.     December  9,  1891. 

Ord.  8088,  A.  S.  Ley  land,  A.  S.,  line  of  British  steamers,  com- 
mencing at  lower  line  of  wharf  of  French 
Commercial  Line  400  feet  down  stream,  for 
ten  years.     October,  11,  1882. 

Ord.  10,060.  Louisiana  Construction  Company,  to  remove  from 
present  location  on  lower  head  of  Poydras 
street  to  opposite  side  of  street.  December  7, 
1894. 


WHARVES.  1239 

Ord.  5313.  Melbourne,  Xorth  American  Transport.  Grey.  Liver- 
pool and  Porto  Kico  and  Prince  Lines,  from  the 
lower  side  of  the  line  of  Fourth  street  350  feet 
down.  Privilege  granted  for  fifteen  vears. 
May  14,  1891. 

Ord.  5831.  Municipal  Ice  Company,  use  of  batture  fronting 
their  works  for  storage  and  stables.  Decem- 
ber 9,  1891 .     Amended  by  Ordinance  6078. 

Oi'd.  6383.  Mississippi  Pleasure  Club,  to  erect  club  house  out- 
side river  bank  foot  of  Tontine  street.  May 
26, 1892. 

Ord.  8679.  Manson  Bros.  An  additional  slip  to  be  made  in  the 
wharves  at  a  point  260  feet  below  the  present 
slip  made  by  them,  in  front  of  their  ware- 
house between  Fourth  and  Washington  streets. 

Ord.  4926.  New  Orleans,  Fort  Jackson  &  Grand  Isle  Railroad 
Company,  setting  aside  that  portion  of  land- 
ing, in  rear  of  Canal  street  ferry,  commencing 
at  a  point  ten  feet  from  the  roadway  leading 
to  said  ferry,  and  extending  down  stream  to  a 
line  with  the  lower  line  of  the  harbor  patrol 
station,  say  sixty-six  feet  six  inches,  thence 
back  to  roadwaj-  in  rear  of  the  Loilisville  & 
Nashville  Railroad  depot,  and  thence  thirty 
feet  to  a  line  with  the  Canal  street  commence- 
ment, for  receiving  and  discharging  freight 
from  or  intended  for  said  railroad.  Decem- 
ber 10,  1890.  Repealed  by  Ordinance  6707, 
C.  S. 

Ord.  5313.  Xorth  American  Transport,  Grey,  Liverpool  and 
Porto  Rico,  Prince  and  Melbourne  Lines,  from 
the  lower  side  of  the  line  of  Fourth  street  350 
feet  down,  for  fifteen  years.     May  14,  1891. 

■Ord.  5315.  Xunn,  Fred.  B.,  privileges  under  Ordinance  7427, 
A.  S..  wharf  room  transferred  to,  until  expira- 
tion of  wharf  lease,  pending  before  the  Coun- 
cil.    May  14.  1891. 

■Ord.  6804.  New  Orleans,  Fort  Jackson  &  Grand  Isle  Rail- 
road Company,  setting  aside  portion  of  levee 
adjoining  plank  walk  on  south  side  of  Custom- 
house street,  seven  feet  from  river  side  of 
square  block  pavement,  along  river  side  of  the 
Louisville  &  Nashville  Railroad  depot,  ex- 
tending about  seventy  feet  parallel  with  said 
depot,  thence  at  right  angles  to  the  intersec- 
tion of  the  plank  walk  on  the  south  side  of 
Customhouse  street.     October  11,  1892. 

Also  to  erect  building  not  larger  than   8x10 
feet  as  an  office  for  clerk. 

Ord.  7560.  Nunn,  F.  B.,  to  erect  and  operate  at  coal  landing, 
between  Race  and  Henderson  streets,  an  ele- 
vated conveyor.     May  11,  1893.  . 

Ord.  7578.  New  Orleans  Swamp  Land  Reclamation  Company, 
to  erect  set  of  marine  ways  on  Bayou  St.  John 
to  St.  Ann  street.     May  19,  1893. 

Ord.  5599.  O'Rielly,  P.  J.,  to  erect  six  steam  freight  elevators 
on  wharf  between  Canal  and  St.  Louis  streets. 
.September  16.  1891. 


1240  WHARVES. 

Ord.  10,816  O'Rielly,  P.  J.,  upon  the  incline   or  apron   of  the 
steamboat  wharf  between  Canal  and  St.  Louis 
streets,  two   steam  freight  elevators.     June  7, 
1893. 
Ord.  .5313.  Prince,  N.   American  Transport  Line,    Grey  Line, 
Liverpool  and  Porto  Rico  and  Melbourne  Lines, 
from  the  lower  side  of  the  line  of  Fourth  street 
350  feet  down,  for  fifteen  years.   May  14,  1891. 
Ord.  6112.  People's  Slaughterhouse  and  Refrigerating  Com- 
pany,   to    construct    and  maintain   wharf    in 
front  of  their  property;  also   to  erect  bridge 
across  N.    Peters  street  from   levee  to   their 
premises.     March  19,  1892. 
Ord.  6.544.  Pastime  Pleasure  Club,  the  unexpired  lease  of  lot 
No.  12  West  End,  expiring  May  2,  1907,  under 
Ordinance  7787,  A.  S..  and  f  orfeited  by  Mrs. 
E.  S.  Bowman  for  $200.     July  28,  1892. 
Ord.  8289.  Pennsylvania  Coal  Company,  L.  T.  Widney,  Agent, 
transferee  of  all  the  rights  and  privileges  of  B. 
D.  Wood  &  Sons,  under  Ordinance  4123,  C.  S. 
July  28,  1892. 
Ord.  4447.  Ross  Line,  Thompson   Line.  Beaver  Line  of  steam- 
ships, from  the  upper  end  of  the  French  Com- 
mercial line  of  steamers,  extending  up  stream 
450  feet.     The  above  mentioned  lines  shall  at 
all  times  keep  the  approaches  in  good  order. 
All   other  ordinances   or  parts  of  ordinances 
granting  wharf  room  elsewhere  on  the  river 
are  hereby  repealed.      April  24,  1890. 
Ord.  4524.  Ross,  Thompson  and  Beaver  Line  of  Steamships, 
to   erect  an    open  shed  on  wharves    allotted 
under  Ordinance  4487.     May  16,  1890. 
Ord.  7883.  Rice  Mills  of  the  city,  to  dump  rice  hulls  in  river 
from  wharf  on  levee,  between    Mandeville  and 
Marigny  streets.     August  3,  1893. 
Ord.  3748.  Sullivan,  T.  J.,  batture  front  of  lot  forming  corner 
of  Washington  andXapoleon  avenues,  for  saw- 
mill and  cooperage.  May  2,  1889. 
Ord.  4498.  SerraandHamburgSteamshipLines,wharf  room  from 
south  side  of  Mandeville  street  and  extending 
down  stream  to  sheds  of  the  New  Orleans  & 
Northeastern  Railroad   Company,  near  Port 
street,  for  fifteen  years.     Also   to  erect  open 
shed  over  such  portion  of  wharf  as  the  City 
Engineer  may  approve.  May  10,  1890. 
Ord.  8088,  A.  S.   Serra  Line   of   Steamships,   commencing  at 
lower  line  of  French  Commercial  Line  as  per 
Ordinance    No.    7998,   A.   S.,   400  feet    down 
stream,  for  ten  j^ears.     October  11,  1882. 
Ord.  5272.  Southern  Wood  Manufacturing  and  Creosoting  Com- 
pany,  to   erect  wharf  head  of  Lyons  street. 
May  1,  1891. 
Ord.  5315.  Sweeney,    James,    transferee   of     privilege    under 
Ord.  7427,  A.  S.,  until  expiration  of  lease  pend- 
ing before  the  Council.     May  14,  1891.     Privi- 
lege above  granted   and  transferred  by   Ord. 
7942,  C.  S.,  to  W.  G.  Coyle  &  Co.   August  18,. 
1893. 


WHARVES.  J.241 

Ord.  2820.  Theodore,  William,  frame  building,  8x10  feet,   on 
levee,  between  Julia  and  Girod  streets.  March 
3,1889. 
Ord.  6082.  Terry.  T.  M.,  the  use  of  vacant  space  on  river  front, 
between  Hospital  and  Barracks  streets.  Febru- 
ary 26,  1892. 
Ord.  6911.  Tranehina.  John,  flfty  (50)  feet  of  space  at  the  head 
ot  Conti  street  for  storage   of    oyster  shells. 
November  9.  1892. 
Ord.  8188.  Thistle  and  Y.  and  S.  Steamship  Company,  allotting 
four  hundred  feet  of  wharf  room,  down  stream, 
under  Ord.  7717,   A.    S.     Repealed.     October 
24,  1893. 
Ord.  .5179.  Volney.  Brown  &  Co.,  representing  Red  river  line 
of  steamboats,  to  erect  twelve-feet  octagonal 
building    on    levee,    foot    of    Gravier    street, 
below  the  river  front  and  the  railroad  tracks. 
March  12,  1891. 
Ord.  4123.  Wood,  B.   D.   &  Sons,    amended    by    Ordinances 
5532,  8244,  8289,  C.  S.,  to  use  outside  of  levee, 
between  Robin  and  Henderson  streets,  as  a  coal 
landing,   and  in  consideration   thereof  to   do 
certain  work  and  keep  certain  streets  and  ap- 
proaches in  order.     November  25,  1889. 
Ord.  4447.  West  India  and  Pacific  Steamship  Company,  Lim- 
ited, from  lower  end  of  the  wharf,  in  the  First 
Municipal  District,  immediately  above  Bobet's 
stave      landing,     and      between     St.     James 
and  Celeste  streets,  and  extending  up  stream 
800  feet.     That  they  are  permitted  to  erect  on 
said   wharf  a   fire-proof  roof,   not  exceeding 
fifty    feet   in   width,    supported  on   posts,   so 
constructed    as    not    to    interfere     with     the 
necessary   repairs  to   be  made   to  the  wharf. 
Also  that  no  part  of  the  space  covered  by  this 
roof  shall  be  enclosed,  except  20x40  feet  to 
be    used  as  office  and  telephone  room.    Said 
company  to  keep  approaches  in  good  order. 
All  ordinances  or  parts  of  ordinances  granting 
wharf  room  elsewhere  are  repealed.     April  24, 
1890. 
Ord.  4766.  West  India  and  Pacific  Steamship  Company,  Lim- 
ited,  width   of  shed  in   above  ordinance  ex- 
tended from  fifty  to  sixty  feet.    October  10, 
1890. 
Ord.  5315.   Wood,   Schneidau  &  Co.,   privileges   under   Ordi- 
nance 7427,  A.   S.,   transferred  until  expira- 
tion of  lease  pending  before  Council.  May  14, 
1891. 
Ord.  62.54.    Wood,   Charlie,  Transportation  Company,   to   re- 
move present  office  on  river  front  and  erect 
building   for    office    purposes    in  immediate 
vicinity.     April  14,  1892. 
Ord.  6254.    Wood,  Schneidau  &  Co.,  same  as  above.    April  14, 

1892. 
Ord.  7560.   Wood,  Schneidau  &  Co.,  to  erect  and  operate  at 
their  coal  landing,  between  Race  and  Hender- 
son streets,  an  elevated  conveyor  in  conjunc- 
tion with   dredgeboat  on  the  river.     May  11,. 


1242    .  WHARVES. 

Ord.  7560.   Wood.  B,  D.  &  Sons,  same  as  above.    May  11,  1892. 

Ord.  8088,  A.  S.  Watjeris  Line  of  German  Barks,  400  feet  down 
stream  from  lower  line  of  wharf  of  French 
Commercial  Line,  for  ten  years.  October  11, 
1882. 

Ord.  8244.  Whann  &  Jutte,  transferring  to  them  all  rights  and 
privileges  under  Ordinance  No.  4123.  C.  S., 
November  2,  1893. 

Ord.  8289.  Wood,  B.  D.  &  Sons,  transferring  all  their  rights, 
title,  etc.,  under  Ordinance  4123,  C.  S.,  to  the 
Pennsylvania  Coal  Company.  L.  S.  Widney, 
agent.     November  16,  1893. 

Ord.  8289.  Widney,  L.  S.    Same  as  above.   November  16,  1893. 

Ord.  8968.  Williams,  Arthur,  to  erect  small  stand  on  wharf 
foot  of  Port  street,  adjoining  N.  O.  &  N.  E. 
fruit  shed,  for  sale  of  soda  water  and  refresh- 
ments.  April  5,  1894. 

Ord.  11,505.  Lambon&  Noel  Lumber  and  Manufacturing  Com- 
pany, to  build  and  maintain  a  wharf  beginning 
atthie  head  of  Kentucky  street  to  Manuel  street 
free  of  wharf  dues,  according  to  specifications 
of  City  Engineer.     October  29,  1895. 

ACTS  OF  THE  LEGISLATURE. 

Act  145  of  1874  exempts  any  steamboat  or  water  craft  wholly 
built  in  the  State  of  Louisiana  of  more  than  100  tons  measure- 
ment from  wharfage  dues  for  seven  years  from  completion  or 
registry  of  said  vessel. 

DECISIONS. 

Where  a  corporation  is  authorized  to  impose  a  wharfage  charge 
a  court  will  not  limit  the  amount  the  municipal  authorities  may 
-exact  for  that  purpose.  The  question  is  purely  administrative. 
Municipality  No.  1  vs.  Pease,  2  An.  538. 

The  city  may  assign  a  part  of  the  port  to  particular  craft  and 
prescribe  the  time  they  are  to  remain,  and  if  they  exceed  such 
time  cut  them  adrift  or  otherwise  abate  them.  Tourne  vs.  Lee, 
8  N.  S.  549. 

The  erection  of  wharves  before  the  city  and  its  suburbs,  at  such 
places  as  commerce  may  require,  is  a  legitimate  exercise  of  power 
by  any  of  the  municipalities.  Shepard  vs.  Municipality  No.  3,  6 
R.  349. 

The  genenral  Council  can  establish  a  uniform  rate  of  wharfage 
for  vessels  moored  before  any  part  of  the  city.  Municipality 
No.  1  vs.  Pease,  2  An.  538;  27  An.  14. 

The  authority  to  impose  such  a  charge  to  defray  the  expenses 
of  wharves  and  other  works  necessary  for  the  loading  and  un- 
loading of  vessels  and  to  secure  a  convenient  access  to  them  is 
not  inconsistent  with  any  law.  State  or  Federal,  or  Const.  U. 
S.,  Art.  1,  Sees.  8,  10.    76. 

The  wharfage  if  a  tax  on  commerce,  or  imports  or  exports,  is 


WHARVES.  1243 

unconstitutional,  however  small  the  amount.  But  if  the  question 
of  its  constitutionality  depend  on  the  unreasonableness  of  the 
amount,  the  action  of  the  judiciary  can  not  be  involied.  as  it 
would  be  brought  in  conflict  with  municipal  administrative 
power  on  an  administrative  question,  over  which,  to  a  certain 
extent,  the  city  government  exercises  discretionary  power.    lb. 

The  contribution  paid  by  vessels,  rafts,  etc.,  in  the  shape  of 
wharfage  dues  for  the  accommodation  of  loading  and  discharg- 
ing their  cargoes,  is  not  a  tax,  and  can  not  be  subjected  to  the 
principle  of  uniformity  and  equalitj'.     14  An.  243. 

One  occupying  a  portion  of  the  wharves  with  the  special  per- 
mission of  the  City  Council,  and  during  its  pleasure,  may  be 
ejected  whenever  the  permission  is  revoked.     26  An.  357. 

The  city  of  New  Orleans  has  a  right  to  charge  wharfage  on 
boats  arriving  in  port;  this  is  neither  impost  nor  duty.  27  An.  17; 
30  An.  190. 

For  the  use  of  wharves,  piers  and  similar  structures,  whether 
owned  by  the  city  or  other  corporations,  a  reasonable  compensa- 
tion may  be  charged  to  the  vessel,  to  be  regulated  in  the  interest 
of  the  public  by  the  State  Legislature  or  City' Council. 

But  in  the  exercise  of  this  right  care  must  be  taken  that  it  is 
not  made  to  cover  a  violation  of  the  Federal  Constitution,  which 
prohibits  the  States  to  lay  any  duty  on  tonnage.     20  Wall.  577. 

New  Orleans  is  responsible  for  the  damages  occasioned  by  the 
unsound  condition  of  her  whai'ves.  20  An.  124;  5  An.  100,  504; 
4  An.  440. 

The  city  has  the  right  to  collect  wharf  dues,  and  the  Legislat- 
ure having  once  delegated  this  power  can  not  afterward  grant 
exemption  therefrom  on  certain  vessels.     30  An.  190. 

The  use  of  the  property  as  a  landing  and  wharf  for  the  recep- 
tion of  coal  boats  and  coal  is  a  public  use,  the  public  character 
of  which  is  not  destroyed  by  the  fact  that  it  is*  temporarily 
farmed  out  to  paiticular  parties.     39  An.  275. 

A  charge  for  wharfage  dues  for  artificial  facilities  furnished  by 
a  city  or  town  in  order  to  promote  the  convenience  of  loading  and 
unloading  ships  and  other  vessels  is  not  amenable  to  the  prohibi- 
tions contained  in  sections  8  and  60  of  Art.  1  of  the  Constitution 
of  the  United  States.  But  such  a  charge  will  not  be  maintained 
and  enforced  unless  it  appears  from  the  evidence  that  it  rests  on 
services  rendered  by  the  corporation  to  vessels  or  boats  by  means 
of  wharves  or  wharfage  facilities  provided  and  maintained  at  the 
expense  of  the  corporation,  and  by  means  of  which  the  loading 
and  unloading  of  boats  or  vessels  is  materially  and  specially 
facilitated.  Works  by  which  the  general  commerce  of  a  city, 
including  the  shipping,  is  benefited,  will  not  justify  a  charge  for 
wharfage  against  the  owners  of  ships  or  other  vessels.  37  An. 
562. 

The  city  of  New  Orleans  has  no  authority  to   impose  wharfage 


1244  WEIGHTS   AND   MEASURES. 

and  levee  dues  on  vessels  moored  at  a  point  within  her  corporate 
limits,  at  which  she  has  constructed  no  work  and  expended  no 
money  for  the  use  or  convenience  of  vessels.     31  An.  65. 

The  banks  of  the  river  are  public,  and  within  her  corporate 
limits  the  >city  of  Xew  Orleans  has  the  right  to  control,  manage 
and  administer  their  use  for  the  public  convenience  and  utility 
Riparian  proprietors  have  no  right,  by  injunction,  to  restrain  the 
exercise  of  this  right. 

The  discretion  of  the  city,  in  determining  what  are  proper  and 
needed  facilities  for  commerce,  and  on  what  part  of  the  river 
banks,  within  her  limits,  they  should  be  established,  is  not  a 
proper  question  for  judicial  control  or  interference.  34  An.  856; 
42  An.  614. 

The  proprietor  of  the  soil  adjacent  to  the  river  has  no  right  to 
appropriate  to  his  exclusive  use  the  banks  of  a  navigable  water 
course,  because  he  has  no  property  in  the  use  thereof. 

The  owner  of  coal  boats  and  barges  moored  to  the  river  bank 
within  city  limits  has  no  authority,  derivable  from  the  proprietor 
of  riparian  property  through  instrumentality  of  a  lease,  to  build 
houses  in  which  to  store  apparatus  and  tackle  and  shelter  his 
men,  by  resting  their  foundations  on  piles  driven  in  batture  out- 
side the  levees.    42  An.  614. 

The  duty  is  imposed  on  the  Commissioner  of  Streets  to  see  that 
produce  and  goods  landed  on  the  wharves  are  laid  as  near  as 
possible  to  the  paved  part  of  the  levee;  also  to  have  removed 
obstructions  and  encumbrances. 

The  performance  of  that  duty  need  not,  necessarily,  be  pre- 
ceded by  his  order  to  remove  all  goods  and  wares  to  warehouses^ 
at  the  owner's  expense,  forty-eight  hours  after  they  are  dis- 
charged on  the  wharves.    47  An.  1289. 


WEIGHTS  AND  MEASURES. 

See  Act  297  of  1855,  p.  360,  providing  for  the  inspection  of 
weights  and  measures. 

Act  No.  43  of  1864,  p.  80,  same. 

Act  81  of  1877,  E.  S.,  p.  121,  creates  office  of  inspector  for  Sixth 
and  Seventh  Districts. 

Act  Xo.  8  of  1870,  E.  S..  p.  50,  provides  penalty  for  selling  by 
short  weight  and  measure. 


UNIVERSITY 


INDEX  TO  CHAKTER  OF  1882, 


ACTS  AMENDING  SAME. 

Amendments — 

Section  8  by  Act  114  of  1886,  p.  39. 

Section  25  by  Act  87  of  1884.  p.  41. 

Section  32  by  Act  113  of  1886,  p.  42. 

Section   37  by   Act   119   of  1886.  p  44,  and  by    Act  142  of 
1894.  p.  45. 

Sections  45,  46  and  47  by  Act  77  of  1884,  p.  47. 

Section  47  by  Act  90  of  1884,  p.  50. 

Section  47  by  Act  174  of  1894.  p.  52. 

Sections  45  and  47  by  Act  154  of  1894.  p.  55. 

Section  51  by  Act  36  of  1892,  p.  54. 

Section  63  by  Act  102  of  1884,  p.  57. 

Section  66  by  Act  88  of  1884,  p.  59,  and  by  Act  109  of  1886, 
p.  59. 

Public  improvement,  by  Act  81  of  1882.  p.  60. 

Taxes,  when  delinquent,  bv  Act  109  of  1882,  p.  66. 

Powers  of  Council,  by  Act  135  of  1888.  p.  61. 

Office  hours,  by  Act  113  of  1892,  p.  64. 

Collection  of  taxes  and  licenses,  by  Act  127  of  1894,  p.  65. 
Amusements,  p.  13,  section  8. 
Apportionment,  p.  3,  section  2. 
Appropriations — 

Limit  of,  p.  36.  section  66. 

Amended  by  Act  109  of  1886,  p.  59. 
Attorney — 

Duties  of,  p.  24,  section  27. 

Salary  of,  p.  24,  section  27. 

Assistants,  p.  24,  section  27. 

Banquettes — See  Sidewalks,  p.  13,  section  8. 
Batture,  p.  31,  section  8. 
Boundaries,  p.  1,  section  1. 
Budget,  p.  35.  section  65. 

Amended  by  Act  88  of  1884,  p.  59. 

Amended  by  Act  109  of  1886,  p.  59. 

For  1883,  p.  38,  section  77. 
Buildings,  p.  13,  section  8. 

City  Property,  p.  25,  section  28. 

City  Attorney  (see  "Attorney"),  p.  24,   section  27, 


1246  INDEX   TO   CITY    CHARTER. 

City  Surveyor  (see  '•  Surveyor'"),  p.  23,  section  26. 
City  Notary  (see  '•  Notary)"",  p.  32,  section  53. 
City  Council — 

Organization,  p.  10,  section  3, 

Election  of  members,  p.  15,  section  13. 

Auttiority  to  punish,  p.  11,  section  6. 

Expulsion  of  members,  p.  10,  section  5. 

Qualification  of  members,  p.  2,  section  2. 

First  meeting,  p.  10,  section  4. 

Powers  and  duties  of,  p.  11,  section  7. 

Further  defined  by  Act  135  of  1888,  p.  61. 

Ordinances  passed  by,  p.  14,  section  9. 

To  sit  with  open  doors,  p.  14,  section  11. 

Mayor  to  preside  over  new  Council,  p.  14,  section  10. 

Ineligibility  of  members,  p.  16,  section  18. 

Right  to  seats,  p.  25,  section  29. 

Power  to  remove,  p.  25,  section  30. 

Members  to  hold  over,  p.  25,  section  31. 

Right  to  pave  streets,  page  28,  section  37. 

Meetings,  p.  32,  section  52. 

Vacancies,  p.  33,  section  56. 

President  of,  p.  37,  section  71. 
City  of  New  Orleans,  p.  1,  section  1. 

Seal  of,  p.  1,  section  1. 

Property  of,  p.  25,  section  28. 

Dispensed  from  furnishing  bond,  p.  37,  section  72. 
Combustibles,  p.  13,  section  8. 
Comptroller — 

Duties  of,  p.  18,  section  21. 

Bond  of,  p.  20,  section  21. 

Salary,  p.  20,  section  21. 

Right  to  sit  in  Council,  p.  25.  section  29. 

To  hold  over,  p.  25,  section  31. 

Vacancy,  p.  33,  section  55. 

Signature,  p.  21,  section  23. 
Commissioner  of  Police  and  Public  Buildings  (see  •'  Police  and 

Public  Buildings"),  p.  22,  section  25. 
Commissioner  of  Public  Works  (see  '•  Public  Works,  Commis- 
sioner "),  p.  21,  section  24. 

Departments  of  Government — 

Organization  of,  p.  28.  section  38. 

Clerks  and  Deputies  of,  p.  28,  section  39. 

Salaries  of  Clerks,  p.  28,  section  38. 
Deputy  Surveyors  (see  "  Surveyors"),  p.  23,  section  26. 
Drainage,  p.  29,  section  43. 

Repeal  of  all  laws  on,  p.  29,  section  42. 


INDEX   TO    CITY    CHARTER.  1247 

Elections,  p.  15,  section  13. 

Returns,  p.  15,  section  14. 

Contested,  p.  15,  section  15. 

First,  p.  38,  section  75. 
Executive  Department,  p.  14,  section  12. 

Qualifications  of  members,  p.  14,  section  12. 

Term  of  office,  p.  14,  section  12. 

Fire  Alarm  Telegraph — 

Superintendent  of,  p.  37,  section  74. 

His  salary,  p.  37,  section  74. 
Employees  and  their  salary,  p.  37,  section  74. 

Franchises- 
Proceeds  of  (Act  81  of  1S82),  p.  60. 

Gambling  houses,  p.  13,  section  8. 

Health- 
Council  to  maintain,  p.  11,  section  7. 

Impeachment — 

City  ofiicers,  p.  33,  section  58. 

Committee  of,  p.  34,  section  53. 

Court  of,  p.  34,  section  60. 

Proceedings,  p.  34,  section  61. 

Judgment,  p.  34,  section  62. 
Justices  of  the  Peace,  p.  30,  section  44. 

Legislative  Powers,  p.  2,  section  2. 
Licenses  and  Taxes  (see  "  Revenues"). 
Collection  (Act  127  of  1894),  p.  65. 

Mayor — 

Duties  and  qualifications  of,  p.  16,  section  19. 

Salary,  p.  17,  section  19. 

To  approve  ordinances,  p.  17,  section  20. 

To  hold  over,  p.  25,  section  31. 

Vacancies,  p.  33,  section  54. 

Signature,  p.  21,  section  23. 

Term  of  office,  p.  14,  section  12. 
Mississippi  river,  p.  37,  section  73. 

Notary  (City),  p.  32,  section  53. 

Oath  of  office,  p.  15,  section  16. 

Office  hours  (Act  113  of  1892),  p.  64. 

Officers- 
Term  of,  p.  38,  section  76. 
To  hold  over,  p.  25,  section  31. 


1248  INDEX   TO   CITY    CHARTER. 

Officers — Continued. 

Removal,  p.  25,  section  30. 

Salaries,  p.  29,  section  40. 

Salaries,  no  increase,  p.  29,  section  41. 

Impeachment,  p.  33,  section  58. 

Office  hours  (Act  113  of  1892),  p.  64. 
Ordinances — 

Approval,  p.  17,  section  20. 

Publication,  p.  15,  section  17. 

Passage,  p.  14,  section  9. 

Paving  (see  "Streets""),  p.  25,  section  32. 
Petitions — 

Publication  of,  p.  27,  section  35.      * 
Police — 

Council  to  organize,  p.  12,  section  7. 

Mayor  to  appoint,  p.  16,  section  19. 

Police  courts,  p.  30,  section  45. 
Police  and  Public  Buildings,  Commissioner  of — 

Amended  by  Act  87  of  1884,  p.  41. 

Duties,  p.  22,  section  25. 

Bond,  p.  23,  section  25. 

Salary,  p.  23,  section  25. 

Right  to  seat  in  Council,  p.  25,  section  29. 

To  hold  over,  p.  25,  section  31. 

Vacancy,  p.  32,  section  55. 
Powers  of  Council. — 

Further  defined.  Act  135  of  1888,  p.  61. 
President  of  Council,  p.  37,  section  71. 
Property  (see  "Taxes'")— 

Subject  to  taxation,  p.  36,  section  67. 

Real  Estate,  p.  36,  section  68. 

Personal,  p.  36,  section  69. 

Income,  p.  37,  section  70. 
Public  Buildings,  Commissioner  of — 

(See  "Police  and  Public  Buildings"),  p.  22.  section  25. 
Publication  of  Ordinances,  p.  15,  section  17. 
Public  Improvements,  Permanent — 

Act  81  of  1882,  p.  60. 

Railroads,  p.  13,  section  8. 
Recorders — 

Amended  by  Act  77  of  1884,  p.  44. 
Act  90  of  1884,  p.  50. 
Act  154  of  1894,  p.  55. 
Act  174  of  1894,  p.  52. 
Courts,  p.  30,  section  45. 
Jurisdiction,  p.  30,  section  46. 
Qualifications  and  salaries,  p.  36,  section  47. 


INDEX  TO   CITY    CHARTER.  1249 

Recorders — Continued. 

Elections,  p.  30,  section  47. 

Removal,  p.  31,  section  48. 
Recorders,  pro  tern.,  p.  32,  section  51. 

Amended  by  Act  U  of  1892,  p.  54. 

Fines  imposed  by,  p.  31,  section  50. 

Vacancy,  p.  33,  section  57. 
Revenue- 
Annual  tax,  p.  34,  section  63. 

Taxes  and  licenses,  p.  35,  section  64. 

Collection  of  licenses  (Act  127  of  1894).  p.  65. 

Salaries — 

Of  ofHcers,  p.  29,  section  40. 

J?^o  increase  of,  p.  29,  section  41. 
Schools,  p.  12,  section  7. 
Security,  p.  37,  section  72. 
Sidewalks,  p.  13,  section  7. 

Amended  by  Act  114  of  1886,  p.  39. 
Signatures,  p.  21,  section  23. 
Streets — 

Paving  of,  p.  25,  section  32. 

Amended  by  Act  113  of  1886,  p.  42. 

New  paving,  p.  26,  section  33. 

Opening  of,  p.  27,  section  34. 

Repairs,  p.  28,  section  36. 

Right  of  Council,  p.  28,  section  37. 

Amended  by  Act  119  of  1886,  p.  44. 
Amended  by  Act  142  of  1894,  p.  45. 
Surveyor — 

Duties  of,  p.  23,  section  26. 

Salary,  p.  23,  section  26. 
Surveyors,  Deputy — 

Duties  of,  p.  23,  section  26. 

Compensation,  p.  23,  section  26. 

Taxes — Annual,  p.  34,  section  63. 

Amended  by  Act  102  of  1884,  p.  57. 

Delinquent  (Act  109  of  1882).  p.  66. 
Treasurer — 

Duties  of  the,  p.  20,  section  22. 

Bond,  p.  21,  section  22. 

Salary,  p.  21,  section  22. 

Right  to  seat  in  Council,  p.  25,  section  29. 

To  hold  over,  p.  25,  section  31. 

Vacancy,  p.  33,  section  55. 

Signature,  p.  21,  section  23. 

Vacancies,  p.  33,  section  54. 
Wharves,  p.  12,  section  8.    . 


GENERAL  INDEX. 


Abattoir  (see  "Slaughterhouse'"). 
Absence,  leave  of,  p.  294,  article  652. 
Accidents,  duty  of  drivers,  p.  274,  article  599. 
Actions,  against  city,  prescription,  statute,  p.  647. 
Adulteration — 

Of  bread,  p.  134,  article  227. 

Of  food,  p.  385,  article  819. 

Of  food,  statute,  p.  409. 

Of  milk,  p.  386,  articles  822,  823. 

Of  milk  defined,  p.  387,  article  825. 

Of  molasses,  p.  388,  articles  834-839. 
Advertising  Boards,  p.  1059,  article  2795. 
Advertisements,  posting,  etc.,  p.  557,  articles  1405-1410. 

Defacing  poles  with,  p.  562.  article  1432. 
Advisory  Board  on  Drainage — 

Appointments  and  duties,  p.  267,  article  576. 

Board,  p.  268,  article  581.  , 

Vacancies,  p.  268,  article  581. 

Notice  of  meetings,  p.  268,  article  582. 

Drainage  report,  p.  268,  article  584. 
Agencies,  Labor,  statute,  p.  431. 
Agents,  renting  rooms,   etc.,  to  lewd  women,  p.  458,  articles  1080- 

1088. 
Algiers  Ice  Manufacturing  Co. — 

Franchise  for  electric  lighting,  p.  289,  article  642. 

Main  lines  and  circuits,  p.  289,  article  643. 

Insulation,  p.  289,  article  644. 

Splices  and  joints,  p.  290,  article  645. 

Streets  and  sidewalks,  p.  290,  article  646. 

Conduits,  p.  290,  article  647. 

Injury  to  property,  p.  290,  article  648. 

To  begin  when,  p.  290,  article  648. 

Void  when,  p.  290,  article  648. 

Confined  to  Fifth  district,  p.  290,  article  648. 

Eights  reserved  by  city,  p.  291,  article  649. 
Algiers  &  Tunisburg  Railroad,  p.  919,  articles  2491-2525. 
Alleys,  repairs  to,  p.  1072,  articles  2844-2856. 
Alignment  of  banquettes,  p.  1074,  articles  2857-2869. 

Of  streets,  p.  1047,  articles  2739-2765. 
Almshouses,  Asylums,  Trust  Funds  and  Charitable  Institutions- 
Unlawful   to  establish  without  permission  of  Council,  p. 
67.  article  1. 


GENERAL   INDEX.  1251 

Almshouses — Continued. 

Protests,  p.  67,  article  2» 
Penalty,  p.  67,  article  3. 
Record  book  to  be  kept,  p.  67,  article  4. 
Monthly  reports,  p.  68,  article  5. 
Inspection,  p.  68,  article  6. 
Repealing  clause,  p.  68.  article  7. 
Shakespeare  Almshouse,  p.  68,  articles  8-19. 
Touro  Almshouse,  p.  70,  articles  20-22. 
Prison  and  Asylum  Commission,  p.  70,  articles  23-31. 
Jean  Marie,  behest,  p.  72.  article  32. 
Deaf,  Dumb  and  Blind  Institute,  statute,  p.  73. 
Insane  Asylum,  statute,  p.  74. 
Colin  J.  Nicholson  fund,  p.  74. 
Fink  fund,  p.  77,  articles  33-41.  '* 

Fisk  fund,  p.  80,  articles  42-52. 
Nicholas  Girod  fund,  p.  82,  articles  53-58. 
McDonogh  School  Fund,  p.  85,  articles  59-71. 
Sickles  Legacy,  p.  88,  articles  72-78. 
Alterations  and  Extensions  of  Buildings — 

In  tire  limits,  p.  354,  article  751. 
Ambulances — 

Right  of  way,  p.  1064,  article  2807. 
Rate  of  speed,  p.  1064.  article  2808. 
American  Union  Telegraph  Company — 

Right  of  way,  p.  1115,  articles  2969-2971. 
Ammonia  and   Thermo-Specific   Propelling  Company,   p.    702, 

article  1795. 
Amusements,  Entertainments  and  Public  Exhibitions — 
Geneial  Ordinances — 

Consent  of  Council,  p.  89,  articles  79-80. 

Tax,  p.  90,  article  81. 

Disorderly  acts,  p.  90,  article  82. 

Vehicles,  p.  90,  article  83. 

Seats  for  city  officers,  p.  90,  article  84. 

Compensation  of  police,  p.  90,  article  85. 

Inspection  by  Mayor  and  City  Surveyor,  p.  91,  article  86. 

Duty  of  City  Attorney,  p.  91,  article  87. 

Mayor  to  preserve  order,  p.  91,  article  88.' 

Weapons,  p.  91,  articles  89-91. 

Duty  of  police,  p.  92,  article  92. 

Military  organizations  excepted,  p.  92,  article  93. 

Duty  of  police,  p.  92,  article  94. 

Number  of  police,  p.  92,  article  95. 

Right  of  police  to  enter,  p.  92,  article  96. 

Penalty,  p,  93,  article  97. 

Copy  of  Ordinances  to  be  posted,  p.  93,  article  98. 
Balls,  p.  93,  articles  99-102. 


1252  GENERAL   INDEX. 

Amnsements— Continued. 

Cockpits,  p.  94,  article  103,  , 
Dos:  and  bull  fighting,  p.  94,  articles  104, 105. 
Glove  contests,  p.  95.  articles  106-108. 
Shooting  galleries,  p.  96.  articles  109. 
Theatres,  p.  96.  articles  110-112. 
Analytical  Chemist,  p.  204,  article  419. 
Animals  and  Birds — 

Dogs,  p.  97,  articles  113-134. 
Goats,  p.  101.  articles  135-142. 
Hogs.  p.  103.  article  143. 
General  Provisions — 

Wild  animals,  p.  103.  ai;ticles  144,  145. 
Driving  cattle  in  certain  limits,  p.  103,  articles  146-148. 
Roving  at  large,  p.  665,  articles  1740-1754. 
Sick  with  glanders,  disposal  of,  p.  103,  articles  149-151. 
Sick  with  contagious  diseases,  p.  401,  article,  896. 
Exercising  on  certain  streets,  p.  537,  article  1299. 
Washing  horses  on  pavements,  p.  537,  article  1300. 
Hitching  horses,-  p.  537,  article  1302. 
*  Driving  cattle  loose  through  streets,  p.  538,  article  1303. 

Driving  horses  through  streets,  p.  539,  article  1308. 
Driving  horses  in  charge  of  competent  keepers,  p.  539. 

article  1309. 
Driving  horses,   prohibited   through  certain    streets, 

p.  539.  article  1309. 
Roving  on  banquette,  p.  539,  article  1312. 
Crueltj'  to  animals,  p.  539,  article  1313. 
Game,  p.  104.  articles  152-164. 
Sparrows,  p.  106,  article  165. 
Pigeons,  p.  107,  articles  166,  167. 
Acts  of  Legislature — 

Stealing  horses  or  mules,  p.  107. 
Cruelty  to  domesticated  animals,  p.  107. 
Property  in  dogs,  p.  108. 

Society  for  Prevention  of  Cruelty  to  Animals,  p.  109. 
Other  acts,  p.  109. 
Annuities,  police,  statute,  p.  643. 

Annunciation'  &  Chippewa  Street  Railroad  lines,  p.  871,  articles 
2032-2335. 

Extension  for  fifty  years,  p.  886,  articles  2368-2393. 
Annunciation  park,  p.  598.  article  1510. 
Applicants  for  privileges,  requirements,   p.  659,   articles  1716- 

1720. 
Appropriations — 

Limit  of  expenditures,  p.  110,  article  168. 

One-twelfth  rule,  p.  110,  article  170. 

Expenses  School  Board,  p.  692. 


GENERAL   INDEX.  1253 

Archives,  p.  110. 

Artillery,  in  parks  and  squares,  prohibited,  p.  565,  article  1445. 

As.«essroents,  p.  116,  articles  172-191. 

Assessors — 

Assessment  districts,  p.  114.  articles  176-191. 

Appointment  of  board  and  their  duties,  p.  110,  articles  172- 
174. 

Correction  of  assessment,  p.  112.  article  175. 

Decisions,  p.  116. 
Astredo,  John,  certain  rights  at  West  End,  p.  452,  article  1062. 
Atlantic  and  Pacific  Telegraph  Company — 

Right  of  way,  p.   1116,  article  2972. 
Attorney,  City — 

Election,  duties  and  salary,  p.  116,  article  192. 

To  draft  ordinances,  p.  117,  article  193. 

To  prepare  documents,  p.  117,  article  194. 

Records,  p.  117,  article  195. 

Moneys,  p.  117,  article  196. 

Salary  full  compensation,  p.  117,  article  197. 

Duties  at  end  of  term,  p.  117,  article  198. 

Costs,  p.  117,  articles  199,  200. 

Duty  of  Comptroller,  p.  118,  article  201. 

Licenses,  p.  465,  article  1115. 

Legal  adviser  of  Tolice  Board,  p.  642. 

Personal  tax  bureau,  duty  of,  p.  1105,  article  2939. 

Duty  relative  to  juvenile  vagrants,  p.  1142,  article  3053. 
Assistants  (see  ''Taxes'')— 

Appointment,  duties  and  salary,  p.  118,  article  202. 
Collection  of  delinquent  taxes,  p.  119.  article  203. 
Injunction  bonds,  p.  119,  article  204. 
Notice  to  sue  in  certain  courts,  p.  119.  article  205. 
Canceling  judgment,  p.  119,  article  206. 
Recording  judgment,  p.  119,  article  207. 
License,  p.  465,  article  1116. 
Auction  and  Auctioneers,  statute- 
Act  relative  to,  p.  120. 

Relative  to  bonds,  p.  125. 

Judicial  and  other  sales,  p.  125. 

Sales  of  Goods,  where  and  at  what  time,  p.  126. 

Proces  verbal,  p.  127. 

Sales  on  stocks,  bonds,  etc.,  p.  127. 

Decision,  p.  127. 
Audubon  Park — 

Board  of  Commissioners  created,  p.  589,  article  1486. 

Number  of  board,  p.  590,  article  1487. 

Appointment,  p.  590,  article  1488. 

Powers  of,  p.  590,  article  1489. 


1254  GENERAL  INDEX. 

Audubon  Park — Continued. 

Commissioners  not  to  be  interested  in  contracts,  etc.,  p. 
591.  article  1490. 

Collections  and  disbursements,  p.  591,  article  1491. 

Keports,  p.  591.  article  1492. 

Waterworks  and  Police,  p.  591,  article  1493. 

Board  authorized  to  make  rules  and  regulations,  p.  591. 
article  1494. 

Violations  of  rules,  etc.,  p.  591,  article  1495. 

Purpose  of  park  not  to  be  changed,  p.  592,  article  1496. 

Change  of  name  to  Audubon,  p.  592,  article  1498. 

Rules  and  regulations,  p.  592,  article  1499. 

Note  of  City  Park,  p.  593,  article  1499. 

City  Surveyor  to  survey,  etc.,  p.  597,  article  1501. 
Awnings,  Sheds  and  Signs — 

Height  above  banquettes,  p.  128,  article  208. 

Duty  of  Police,  p.  128,  article  209. 

Duty  of  Commissioner,  p.  128,  article  210. 

Masking  lights,  p.  128,  article  211. 

Fireproof  covering,  p.  128,  articles  212-213. 

Swinging  signs,  p.  129,  articles  214,  215. 

Duty  of  Commissioner  to  cause  removal,  p.  129,  article  217. 

Canal  street,  p.  130,  article  218. 

Duty  of  Commissioner,  p.  130,  219. 

Bakery — Bread — 

Bakers  to  report  to  Mayor,  p.  130,  article  220. 

Consent  of  property  holders,  p.  131,  article  221. 

Weight  of  loaves,  p.  131,  article  222. 

Weights  and  Scales,  p.  131,  article  223. 

Inspection  of  bread,  p.  132,  article  224. 

Assize,  how  tixed  and  published,  p.  133,  article  225. 

Tariff  of  weight  and  price,  p.  133,  article  226. 

Adulteration  of  bread,  p.  134,  article  227. 

Bread  made  to  order,  p.  134,  article  228. 

Unlawful  to  sink  wells,  p.  134,  articles  231,  232. 
Penalty,  p.  134,  article  233. 
Balconies,  galleries,  etc.  (see  "Buildings ''),  p.  179,  article  341. 
Ballast  on  Wharves,  p.  1181,  articles  3167-3169. 
Balls  (see  "Amusements  ") — 

Permission,  p.  93,  article  99. 

Mayor  to  close,  when,  p.  94,  article  100. 

Duration,  p.  94,  article  101. 

Contrary  to  public  morals,  p.  94,  article  102. 

Police  and  their  duty,  p.  94,  article  103. 
Baltimore  &  Ohio  Telegraph  Co. — 

Franchise  and  right  of  way,  p.  1116,  articles  2973-2981. 
Barges  (see  "Wharves"),  p.  1225. 


GENERAL   INDEX.  1255 

Barrooms  and  Restaurants- 
Petitions  to  Council  p.  135,  article  234. 
Protests,  p.  135,  article  235. 
Penalty,  p.  135,  article  236. 
License,  p.  136,  article  238. 
Sign,  p.  136,  article  239. 
Sales,  p.  136,  article  240. 
Transfer  of  license,  p.  136,  article  241. 
Sale  of  liquor  to  U.  S.  soldiers,  p.  136,  article  242. 
Music  in  barrooms,  etc.,  p.  136,  article  243. 
Disorderly  houses,  p.  137,  article  244. 
On  election  days,  p.  137,  article  245. 
Hours  for  closing,  p.  137,  article  246. 
Music  saloons  (license),  p.  137,  article  247. 
Hours  for  closing,  p.  138,  article  248. 
Permission  to  open.  p.  138,  article  249. 
Liquors  to  minors,  p.  138,  articles  251-254. 
Lewd  women,  p.  457.  article  1075. 

Restaurants  (see  "Restaurants"),  p.  139,  articles  255-258. 
Privileges,  p.  142. 
Requirements  of  applicants  to  Council  for  privilege,  p. 

659,  article  1717. 
A-Cts  of  Legislature — 

Penalty  for  keeping  saloon  open  without  license,  p.  140. 
Females  in  concert  halls,  etc.,  p.  140. 
Sale  to  minors  prohibited,  p.  141. 
Basins  (see  "Canals''),  p.  190. 
Baths  (see  "New  Orleans  Auxiliary  Sanitary  Association"),  p. 

534,  articles  1290-1-298. 
Bathing  in  reservoir  of  waterworks  prohibited,  p.  1070,  article 
3141. 

Indecent  exposure,  p.  551,  article  1376. 
Batture — 

Taking  sand,  p.  441,  article  1012. 

Piling  sand  on  levee  prohibited,  p.  441,  article  1013. 

Wharfingers  to  regulate  taking  of.  p.  441,  article  1014. 

All  permits  revoked,  p.  441,  articles  1015-1017. 

Deposits  to  be  made,  p.  441,  article  1016. 

Permission  to  Orleans  Levee   Board,  p.  442,  articles   1018, 

1019. 
Rice  chaff,  p.  442,  article  1020. 
Banana  Peelings,  p.  566,  articles  1450-1452. 
Banquettes  (see  "Sidewalks*'). 
Bawdy  Houses,  p.  457,  articles  1074-1095. 
Bayou  St.  John  (see  "Canals"),  p.  186. 
Beauregard  Square — 

Change  of  name  from  Fillmore  to,  p.  598,  article  1511. 
Change  of  name  from  Congo  to,  p.  598,  article  1512. 


1256  GENERAL  INDEX. 

Beauregard  Square — Continued. 
Board,  p.  599,  article  1513. 
Organization  of  Board,  p.  599,  article  1514. 
Powers  of  Commissioners,  p.  599.  article  1515. 
Exclusive  control,  p.  599,  article  1516. 
Improvements,  p.  600,  article  1517. 
Police,  p.  600,  article  1518. 
Free  access,  p.  600,  article  1519, 
Beef,  Corned,  sale  of,  p.  477,  article  1174. 
Beggars  (see  "Vagrants"). 
Bells- 
Bicycles,  p   154,  article  261. 

Steam  Kailroads  to  ring  in  city  limits,  p.  698,  article  1773. 
To  be  placed  on  trains  of  street  railroads,  p.  701,  article 

1788. 
Louisville  &  Xashville,  p,  722,  article  1884. 
Belt  Railroad — 

New  Orleans   Belt  Railroad,  p.  941,  articles  2574-2590. 
Mayor  to  appoint  Commissioners  to  perfect  plan,  p.  952, 
article  2613. 
Beer  Houses  (see  '•  Barrooms'"),  p.  135,  article  234. 
Bicycles— 

To  be  provided  with  light  and  bell,  p.  154,  article  261. 
Unlawful  to  ride  on  Camp  and  Melpomene  culverts,  p.  154, 

article  262. 
Riding  on  banquettes  prohibited,  p.  154,  article  263. 
Pushing  on  banquette  permitted,  p.  154,  article  263. 
Births,  Deaths  and  Marriages  (see  "  Health"),  p.  406. 
Black,  Charles  E.,  and  associates,  p.  1119,  articles  2982-2996. 

Franchise  and  right  of  way.  Telephone  Company. 
Blacksmiths  (see  "  Forges"),  etc.,  p.  361,  articles761-765. 
Boarding-houses  (see  "  Health"),  p.  470,  articles  933-935. 
Board  of  Assessors  (see  "Assessors"),  p.  114. 
Board  of  Commissioners  of  Asylums,  etc.  (see  "  Almshouses"),  p. 

67,  articles  1-78. 
Board  of  Commissioners  of  Squares,  Parks,  etc.  (see  "Parks  and 

Neutral  Ground"),  p.  585,  articles  1483-1631. 
Boards  of  Commissioners  of  Liquidation  (see  "  City  Debt"),  p. 

210. 
Board  of  Police  Commissioners  (see  "  Police"),  p.  638. 
Board  of  Health(see  "  Health"),  p.  385. 
Board  of  Harbormasters  (see  "Harbormasters"),  p.  382. 
Board  of  Directors  of  Public  Schools  (see  "Public  Schools"),  p. 

672. 
Board  of  Administrators  of  Charity  Hospital  (see"  Hospital"), 

409. 
Board  of  Commissioners  of  Trust  Funds  (see  "Asylums,  etc."), 
p.  67,  articles  1-78. 


GENERAL  INDEX.  1257 

Board  of  Fire  Commissioners  (see  "  Fire  Department'"),  p,  339. 
Board  of  Levee  Commissioners(see  "Lands  and  Levees'"),  p.  432. 
Boats — 

Carry  off  fecal  matter,  p.  1161,  articles  3113,  3114. 

Sale  of  garbage,  p.  377,  article  790. 

Landing,  p.  1226. 
Bohn,  B.  C,  Lease  lot  Xo.  13,  West  End,  p.  449,  articles  1045- 

1047. 
Boilers — 

Inspection  of,  p.  427. 

Steam  engines  and,  p.  1011,  articles  264-2203. 
Bonfires  (see  "Combustibles"''),  p.  243. 
Bonds  and  Securities — 
OtflciaJ  bonds,  how  executed,  p.  155,  article  284. 

Police  bonds,  before  whom,  p.  156,  article  265. 

Police  bonds,  p.  660. 

Sureties  to  possess  real  estate,  p.  156,  article  267. 

Bonds  completed  before  warrant  issue,  pp.  156,  571,  572. 
articles  568,  1458,  1459. 

To  be  furnished  within  two  weeks,  p.  156,  article  569. 

Condition  of  bonds,  pp.  156,  572,  articles  572,  1460. 

Duty  of  clerk  of  council,  p.  156,  article  571. 

Acts  of  Legislature — 

Disposition  of  forfeited  bonds,  p.  157. 
Authority  to  Xew  Orleans  to  require  bonds,  p.  157. 
Boneyards,  p.  993.  article  2694. 
Books  and  Accounts  of    city,   relative    to    keeping,    etc.    (see 

"  Comptroller ""). 
Books  of  Comptroller  (see  "Comptroller'"). 

Bootblacks,  around  squares,  parks,  etc.,  prohibited,  p.  565,  ar- 
ticle 1446. 
Boundaries — 

City,  left  bank,  p.  158,  article  273. 

Wards,  precincts,  p.  158,  article  275. 
Boxes,  metallic — 

Garbage,  p.  375,  article  782. 
Boylan  Detective  Agency  and  Protection  Police. 

Rights  and  privileges,  p.  644,  articles  1669-1674. 
Bread  (see  "  Bakery,"  etc.,)  p.  130,  article  220. 
Breweries  (see  "Health  "). 
Bridge  (see  "  Canals,"  etc.),  p.  190, 

Buildings,    their    construction    (see    "  Fire    Escapes   and  Fire 
Limits) . 

Certificate  of  City  Engineer,  p.  168,  article  292. 

Plans  and  specifications,  p.  168,  article  292. 

Xame  and  residence  of  owner  to  accompany  plans,  p.  168, 
article  292. 

Record  of  permit,  p.  168,  article  293. 


1258  GENERAL  INDEX. 

Buildings — Continued. 

Permits,  p.  168,  article  294. 

Charges  for  permits,  p.  169,  article  295. 

Certified  costs,  p.  169,  article  296. 

Repairs,  etc.,  under  $750,  p.  169,  article  297. 

Party  walls,  p.  169,  article  298. 

Construction  of  walls,  p.  170,  article  299. 

Mortar,  p.  170,  article  300. 

Brick  walls,  p.  170,  article  301. 

Stone  walls,  p.  170,  article  301. 

Buildings,  six  or  more  stories,  p.  170,  article  301. 

Buildings,  more  than  eight  stories,  p.  170.  artic  e  301. 

Headers,  stone  walls,  p.  170,  article  302. 

Headers,  brick  walls,  p.  171,  article  302. 

Backing  of  all  walls,  p.  171,  article  302. 

Hollow  walls,  p.  171,  article  303. 

Front,  rear  and  party  walls  to  be  anchored,  p.   171,  article 

304. 
Side  or  party  wall,  how  anchored,  p.  172,  article  305. 
Joists  and  timber,  p.  172,  article  306. 
Iron  plates  and  anchors,  p.  172,  article  307. 
Cornices,  p.  172,  article  308. 

Chimneys  and  their  construction,  p.  173,  articles  309,  310. 
Floors  and  roofs  of  buildings  more  than  32  feet  in  width, 

p.  173,  article  311. 
Floors  of  residences,  p.  174,  article  312. 
Floors  of  stores  and  warehouses,  p.  174,  article  312. 
Unlawful  to  load  floors  in  excess  of  ordinance,  p.  174,   ar- 
ticle 313. 
Scuttle  frames  and  doors,  p.  174,  article  314. 
Shutters,  p.  174,  article  314. 
Fireproof  material,  p.  174,  article  315. 
Beams,  etc.,  of  party  walls,  p.  175,  article  316. 
Party  walls  to  extend  above  roof,  p.  175,  article  317. 
Supports  of  buildings  to  be  of  brick,  iron  or  stone,  arti- 
cle 318. 
Gutters,  p.  175,  article  319. 

Steeple,  cupola,  spire  or  tower  to  be  fireproof,  article  320. 
Sleeping  apartments,  p.  175,  article  321. 
Hatchways,  hoistways,  etc.,  p.  176,  article  322. 
City  Engineer  to  examine  all  buildings,  p.  176,  article  323. 
Dangerous  buildings,  p.  176,  article  324. 
Expenses  of  demolition,  p.  177,  article  325. 
Lots  to  be  raised,  p.  177,  article  326. 
Permit  of  City  Engineer,  p.  177,  article  327. 
•Grade  of  lots.  p.  177,  article  328. 
Bond  to  fill,  p.  177,  article  329. 
Filling  with  manure,  p.  394,  articles  866,  867. 


GENERAL   INDEX.  1259 

Buildings — Continued. 

Powers  of  Board  of  Healthy  p.  178,  article  331. 
To  be  tilled,  p.  391.  article  848. 
Permit  to  build,  p.  391,  article  849. 
Sills  of  frame  buildings,  p.  178,  article  332. 
Water  supply,  p.  178,  article  333. 

Cisterns  to  be  covered,  p.  178,  article  334. 
Chimnej's   of  all   forges,   etc.,   how   constructed,   p.    178, 

article  335. 
Debris  to  be  removed,  p.  178,  article  336. 
Use  of  street  and  banquette,  p.  179,  article  337. 

Stoves  and  stovepipes,  p.  179.  articles  338,  340. 
Balcony,  p.  179,  article  341. 
Gutters  across  banquette,  p.  180,  article  342. 
Penalties,  p.  180,  articles  343,  344. 
Assistant  City  Engineers- 
Salary  of  assistants,  p.  181,  articles  345,  340. 
Engineer  and  assistants  to  enforce  ordinances,  p.  181, 
article  347. 
Appeal  to  City  Council,  p.  181,  article  348. 
Buildings  70  feet  high,  p.  181,  article  349. 
Stairs,  p.  182,  article.350. 
Fireproof  materials,  p.  182,  article  351. 
Rules  for  construction,  p.  182,  article  352. 
Front  steps,  p.  183,  article  353. 
Windows  and  shutters,  p.  183,  article  354. 
Filling  of  lots,  p.  183,  articles  355,  356. 
Iron  shutters,  p.  183,  articles  357,  358. 
Deposit  fees,  p.  184,  article  360. 
Demolition  in  case  of  fire.  p.  348,  article  726. 
Fire  limits,  p.  351,  articles  736,  751. 

Obstructions  on  streets  and  sidewalks,  p.  1060,   articles 
2797-2800. 
Budget  (see  "  City  Charter""). 
Burials  and  burying  grounds  (see  "Cemeteries'"),  p.  196,  articles 

380,  418. 
Bull  lighting  (see  -'Amusements"'),  p.  94,  articles  104,  105. 
Boats  for  carrying  off  fecal  matter,  p.  1161,  articles  3113,  3114. 
Bowman,  E.  S.,  lease  of  lot  Xo.   12,  West  End,  p.  453,  articles 

1067,  1068. 
Bruning,  T.,  lease  of  lot  No.  16,  West  End,  p.  450,  articles  1051- 

1053. 
Brush,  burning,  p.  552,  articles  1385,  1386. 
Brush  Electric  Light  and  Power  Company,  p.  279,  articles  607- 

615. 
Rights  and  Privileges— 

Burdeau,  Chas.  K.,  transfer  of  lease  of  wharves,  p.  1231- 
article  3338. 
Burning  brush,  p.  552,  articles  1385,  1386. 


1260  GENERAL  INDEX. 

Cabarets  (see  "  Barrooms"),  etc.,  p.  135. 

Cabs,  carts,  carriages,  etc.  (see  •'  Vehicles"),  p.  1147. 

Cable  towers  (see  ''Towers  "),  p.  1134. 

Camp,  Coliseum  and  Melpomene  street  culvert,  p.  185,  article  362. 

Ui'lawful  to  ride  or  drive  on,  p.  154,  article  263. 
Camp  &  Prytania  Line,  p.  825,  articles  2197,  2232. 

Extension,  p.  835,  articles.  2233,  2303. 
Camp  &  Magazine  Line,  p.  825,  articles  2197,  2232. 

Extension,  p.  839,  articles  2245,  2303. 
Canal,  Metairie  Road  &  Bayou  St.  John,  p.    825,  articles  2197, 
2231. 

Extension,  p.  853,  articles  2281,  2303. 
Canal  Street  &  Lake  Railroad,  p.  854,  articles  2285-2303. 
Canal  &  Claiborne  Street  Railroad,  specification,  p.  806,  articles 
2168,  2171. 

Extension  of  franchise,  p.  812,  articles  2172-2179, 
Unlawful  to  ride  or  drive  on.     Bicycles,  p.  154,  article  263. 
Canals  and  Basins,  Bridges  and  Shell  Roads — 
Bridges — 

Opening  of,  p.  185,  article  363. 
Penalty,  p.  185,  article  364. 
Broad  street  bridges,  statute,  p.  185. 
Canal,  Carondelet  and  Bayou  St.  John — 

Landing  of  schooners,  p.  186,  article  365. 

Xot  to  land  bricks,  p.  186,  article  366. 

Cargo   landed  in  contravention  of  ordinances,  p.  186, 

367. 
Lumber  and  timber,  p.  186,  article  368. 
Place  over  which  to  haul  timber,  p.  186,  article  369. 
Bayou  St.  John  shell  road — 

Franchise,  p.  187,  articles  370,  371. 
Authority  to  see,  p.  187,  article  372. 
Manner  of  construction,  p.  187,  article  373. 
Streams  to  be  bridged,  p.  188,  article  373. 
Toll,  p.  188,  article  374. 
Maintenance,  p.  189,  article  375. 
When  work  to  commence,  p.  189,  article  376. 
Security,  p.  189,  article  377. 
Annulling  of  contract,  p.  189,  article  378. 
Forfeiture  of  franchise,  p.  189,  article  378. 
Reversion,  p.  189,  article  379. 
New  Basin  Canal  and  Shell  Road,  statute— 

The  appointment  of  superintendent,  employees,  etc., 
the  the  control,  government  and  management,  regu- 
lation for  government  of  same,  salaries  of  officers, 
employees,  duties  of  officers,  p.  190. 
Locks  and  embankments,  statute,  p.  195. 
Constitution  of  1879,  p.  195. 


GENERAL   INDEX.  1261 

Canal  Street — 

Obstructions,  sheds,  etc.,  p.  130,  articles  218-219. 

Houses  of  prostitution,  p.  460,  articles  1091-1094. 

Right  and  left  roadways,  p.  1065,  articles  2812-2815. 

Creating  Board  of  Commissioners,  their  appointment,  etc., 
p.  600,  articles  1520-1521. 

Neutral  ground,  p.  529,  articles  1271-1273. 
Carcasses  of  animals  (see  ''Health,  Garbage"). 
Car  Drivers — 

Negligence,  want  of  skill,  p.  275,  article  603. 

Full  stop  at  intersections,  p.  542,  article  1327. 

Full  stop  crossing  tracks,  p.  542,  article  1330. 
Carnival   processions,   obstruction  of,  p.  1158,  article  3110. 
Carondelet  Canal  (see  ''Canals,"'  etc),  p.  186. 
Carriage  waj^s  over  banquettes,  p.  1078,  articles,  2772,  2874. 
CarroUton,  New  Orleans  and,  Railroad — 

Franchise  and  right  of  way,  p.  785,  articles  2068,  2167. 
Carpets,  shaking  in  public  places  prohibited,  p.  563,  article  1437. 
Carts' and  wagons  (see  "Markets,  Vehicles'  ), 
Cattle  driving  in  certain  limits,  p.  103,  articles  146-148. 
Cattle- 
Inspection  of,  p.  393,  article  861. 

Landing  of  diseased,  p.  393,  articles  862-863. 
CarroUton  avenue,  p.  601,  article  1522. 
CarroUton  market,  p.  490,  articles  1229-1230. 
Carroll,  Michael,  lease  of  lot  No.  9,  West  End,  p.  454,   articles 

1070-1072. 
Cemeteries  and  Interments — 

Tombs,  how  constructed,  p.  196,  article,  380. 

Cemeteries  of  associations,  p.  196,  article  381. 

Removal  of  rubbish,  p.  196,  article  382. 

Duty  of  sextons,  p.  196,  article  383. 

Charges,  p.  197,  article  384. 

Tombs,  vaults  opened,  p.  198,  article  386. 

Reports  of  sextons,  p.  198,  article  387. 

Unlawful  to  bury  in  city  limits,  p.  198,  articles  388-389. 

Damaging  tombs,  p.  198,  article  390. 

Penalty,  p.  199,  article  391. 

Improper  conduct,  p.  199,  article  392. 

Burial  of  bodies,  p.  199,  article  393. 

Vehicles  in,  p.  199,  article  394. 

Penalty,  p.  199,  article  395. 

Burial  of  prisoners,  p.  199,  article  396. 

Sextons  to  make  arrests,  p.  200,  article  397. 

Sextons  to  post  ordinances,  p.  200,  article  398. 

Permission  of  Council  to  establish,  p.  '200,  article  399. 

Duty  of  Sexton,  p.  200,  article  401. 

Necessary  certificates,  p.  201,  article  402. 


1262  GENERAL  INDEX. 

Cemeteries  a)id  Interments — Continued. 

Penalty  against  Sextons,  p.  201,  article  403. 

Penalty  to  other  offenders,  p.  201.  article  404. 

Duty  of  physicians,  p.  201.  article  405. 

Exceptions,  p.  201,  article  406. 

Duty  of  Recorder  of  Deaths,  p.  201.  article  407. 

Firemen's  Cemetery,  Fifth  District,  p.  201,  articles  408-409. 

Holt  Cemetery,  p.  202,  article  410. 

Israelite  Charitable  Association  Cemetery,  p.  202,  article 
411. 

Locust  Grove  Cemetery,  p.  202,  articles  412-413. 

Seventh  District  Cemetery,  p.  203.  articles  414-415. 

Valence  Cemetery,  p.  203.  articles  416-417. 

Washington  Cemetery,  p.  203,  article  418. 

Act  of  Legislature,  p.  204. 
Charitable  Institutions,  p.  67,  articles  1-78. 
Charity  Hospital  (see  '-Hospitals"). 
Charivaris  prohibited,  p.  548,  article  1358. 
Charter,  City,  p.  1. 
Chemist,  City,  p.  204,  article  419. 
Chief  Clerks  (see  "City  Charter"'). 

Authorized  to  sign  tax  bills,  p.  1101,  article  2952. 
Chief  of  Police  (see  "Police"')  p.  638. 

Duty  as  to  Fire  Escapes,  p.  351,  article  734. 
Chimneys.  Stoves    and    Stovepipes   (see  '-Buildings'"),    p.  178, 
article  335. 

Construction   of   discharging   and   arched   pieces,  p.  205, 
article  422. 

Flues  to  be  lined,  p.  205,  article  422. 

Chimneys,  how  constructed,  p.  206,  article  423. 

Dangerous   chimneys  to    be  removed   by  Mayor,  p.  206, 
article  423. 

Of  dwellings  to  be  properly  lined,  p.  206,  article  424. 

Lining,  p.  206,  article  425. 

Inspector's  duties,  p.  206,  article  426. 

Owners  and  builders  to  assist  inspector,  p.  207,  article  427. 

Chimneys  to  be  rebuilt — when,  p.  207,  article  428. 

City  Engineer  to  keep  record,  p.  207,  article  429. 

Penalties,  p.  207.  article  430. 

Of  forges  and  factories,  p.  207,  296,  articles  431,  663. 

Chimneys  to  be  swept,  p.  207,  article  432. 

Stoves,  p.  207,  article  433. 

Stovepipes  projecting,  p.  -208,  article  434. 

Stovepipes  over  sidewalks,  p.  208,  article  435. 

Not  to  annoy  neighbors,  p.  208,  article  436. 

Penalty,  p.  208,  article  437. 

Xoise  and  smoke  of  factories  annoying  neighbors,  p.  208, 
article  438. 


GENERAL   INDEX.  126S 

Chimneys,  Stoves  and  Stovepipes — Continued. 
Penalty,  p.  208,  article  439. 
Chimneys  in  low  buildings,  p.  209,  article  440. 
Pipes  through  sides  or  roof.  p.  209,  article  441. 
Articles  of  Civil  Code,  p.  209. 
Certificates— burial,  p.  201,  article  402. 
Cisterns  (see  ''Buildings"),  water  supply,  p.  178,  article  334. 

Covers  for,  p.  209,  392,  articles  442-443,  853. 
City  Attorney  (see  "Attorney")  p.  116,  article  192-201. 
City  Carts,  printed  on  side  of,  p.  1150,  article  3070. 
City  of  New  Orleans  (see  "Xew  Orleans,"  ''City  Charter*'),  p.  1. 
City  Debt. 

Acceptance  of  city  of  Act  Xo.  58,  p.  82,  articles  210-445. 
Issue  of  certificates  or  annexes,  payable  in  forty  years, 

p.  210.  article  446. 
Outstanding  coupons,  p.  211,  article  447. 
Rights  of  bondholders,  p.  212,  article  448. 
Board  of  Liquidation — 

Commissioners  of  consolidated  debt  to  turn  over  books, 
papers,  bonds,  etc..  p.  212,  article  450. 
To  deposit  interest  fund,  p.  213,  article  451. 
To  prepare  bonds,  p.  213,  article  452. 
Form  of  bond  ,  p.  213,  article  453. 
By  whom  to  be  signed,  p.  213,  article  454. 
Premium  Bonds — 

Adoption  of  plan,  p.  213,  article  455. 
Funding  of  bonds,  p.  214,  article  456. 
Time  of  allotting,  p.  214,  article  457. 
To  advertise  for  bonds  to  be  funded,  p.  214,  article  458. 
Time  for  presenting  bonds,  p.  214,  article  459. 
Engraving  bonds,  p.  214,  article  460. 
Floating  debt  defined,  p.  215,  article  461. 
Bonds  of  cities  of  Xew  Orleans,  Carrollton  and  Jefferson. 

p.  215,  article  462. 
Ordinances  of  city,  p.  215,  articles  462-469. 
Acts  of  Legislature — 

Premium  bonds.  Act  31  of  1876,  p.  217. 
Board  of  Liquidation,  Act  133  of  1888,  p.  222. 
Board  of  Liquidation,  Act  67  of  1884,  p.  225. 
Board  of  Liquidation,  Act  116  of  1890,  p.  '227. 
City  employees,  p.  294. 
City  Librarian,  p.  461. 
City  laws  (see  ''  Ordinances  '"),  p.  573. 
City  parks  (see  "Parks,"  etc.),  p.  585. 
City  property,  p.  650. 
Claiborne  street  neutral  ground,  pp.  528,  540,  602,  articles  1266, 

1279,  1280,  1530,  1531. 
Claiborne  Market,  not  to  be  changed,  p.  482,  articles  1188-1199. 


1264  GENERAL  INDEX. 

Claims  against  city  (see  "City  Debt"),  p.  210. 
Cleveland  Park — 

Boundaries,  p.  601.  article  1523. 
Commissioners,  p.  601,  article  1524. 
Name,  p.  601,  article  1525. 
Extending  boundary,  p.  601,  article  1526. 
Additional  commissioners,  p.  602,  article  1527. 
Annulling  lease  of  ground  corner  Tulane  avenue  and  Clai- 
borne street,  p.  602,  article  1528. 
Adding  same  to  park,  p.  602,  article  1529. 
Clerks  of  Committees — 

Applicants  for  privileges,  p.  659,  article  1718. 
Clerks  of  Council — 

Notarial  acts,  p.  156,  article  274. 
Coal  Boats  (see  "Wharves"'),  p.  1225. 
Cockpits  (see  "Amendments"),  p.  94,  article  103. 
Coffee-houses  (see  "Barrooms"),  p.  135. 
Coliseum,  Camp  and  St.  Charles  street  culvert,  p.  185,  article 

362. 
Coliseum  Square — 

Appointing  commissioners,  p.  623,  article  1628. 
Coliseum  Street  Line,  p.  872.  articles  2336,  2339. 

Extension  fifty  years,  p.  887,  articles  2371,  2393. 
Commissioners — 

Of  Fink  estate,  p.  77,  articles  33-41. 
Of  McDonogh  estate,  p.  85,  articles  59-71 . 
Of  Jury,  p.  429. 
Common  Council  (see  "  City  Charter  "')— 

Limit  of  expenditures,  p.  239,  article  470. 
Appeal  to,  in  buildings,  p.  181,  article  349. 
Approval  of  contract,  p.  254,  articles  530-532. 
To  authorize  contracts  over  $500,  p.  571,  article  1457. 
Combustibles — 

Petroleum — 

Storage  and  limits,  p.  238,  article  471. 
Quantity,  p.  238,  article  473. 
Enforcement  of  ordinance,  p.  238,  article  474. 
Penalty,  p.  238,  article  475. 
Scope  of  ordinance,  p.  239,  article  476. 
Interpretation,  p.  239,  article  477. 
Removal,  p.  239,  article  478. 
Gunpowder — 

License  to  sell,  p. 239,  article  479. 
Wholesale  dealers,  p.  240,  article  480. 
Vessels  for  carrying,  p.  240,  article  482. 
Packing,  p.  240,  article  483. 
Conveyance  through  city,  p.  240,  article  484. 
Duty  of  Mayor,  p.  241,  article  485. 


GENERAL  INDEX.  1265 

Combustibles — Continued. 

Transportation  in  cars,  p.  241,  article  486. 

Delivery,  p.  241,  article  487. 

Penalty,  p.  241,  article  488. 

Transfer,  p.  241,  article  489. 

Hours  for  delivery,  p.  241,  article  490. 
Powder  Magazine — 

Hours,  p.  241,  article  491. 

Regulations,  p.  242,  article  492. 

Delivery  of  powder,  p.  242,  article  493. 

Charges,  p.  242,  article  494. 

Exceptions,  p.  242,  article  496. 

Penalty,  p.  242,  article  496. 

Permit  to  C.  B.  Penrose,  p.  242,  article  496. 
Torpedoes,  p.  243,  article  498. 
Combustibles — 

Shavings,  bonfires,  etc.,  p.  243,  article  499. 

Stables  and  dairies,  p.  243,  article  500. 

Pitch,  tar  and  turpentine,  p.  244,  article  501. 

Hay,  straw,  etc.,  p.  244,  article  502. 

Storing  near  railroad  tracks,  p.  997,  articles  2663,  2656. 
Commissioner  Public  Works — 

Relative  to  awnings,  sheds  and  signs,  p.  128,  articles  210, 

219. 
Duties,  bond  and  salaries,  p.  246,  article  504. 
Duties  of  garbage  contractor,  p.  376,  article  777. 
Relative  to  garbage  removal,  p.  377,  article  792. 
Relative  to  levees,  p.  436,  articles,  987-1008. 
To  erect  sign-boards  on  crossings  of  Melpomene  and  Camp 

street  culverts,  p.  605,  article  1254. 
To  erect  sign-boards  in  parks,  etc  ,  p.  566,  article  1449. 
Construction  of  street  and  railroad  crossings,  p.  705,  article 

1812. 
Charge  of  prisoners  on  works,  p.  663,  article  1691. 
To  require  railroads  to  place  streets  in  good  order,  p.  706, 

article  1819. 
Streets  torn  up,  duty  of,  p.  1054,  article  2774. 
Street  repairs,  duty  of,  p.  1056,  article  2776. 
Removal  of  obstructions,  p.  1061,  article  2797. 
Sidewalks,  p.  1072,  article  2842. 
To  remove  offensive  matter,  p.  1164,  article  3125. 
To  regulate  landing  goods,  etc.,  on  wharves,  p.  1182,  arti- 
cles, 3176,  3180. 
Commissioner  Police  and  Public  Buildings — 
Inspection  of  bread,  p.  132,  article  224. 
Duties,  bond  and  salary,  p.  244,  article  503. 
To  cause  removal  of  offensive  matter,  p.  390,  article  841. 
Electric  light,  p.  470,  article  1146. 


1266  GENERAL  INDEX. 

Commissioner  Police  and  Public  Buildings— Co?ifm?<ed. 

■  To  keep  register  of  markets,  p.  477.  article  1171. 

To  establish  pounds,  p.  667,  article  7747. 
Committees,  Council,  p.  246,  article  505. 

Impeachment  and  removal,  p.  425,  article  959. 
Competitive  examination,  school  teachers,  p.  689. 
Contagious  Diseases — 

Dutj^  of  parents,  teachers,  etc.,  p.  395,  article  875. 

Visiting  afflicted  persons,  p.  396,  article  877. 

Public  funerals  prohibited,  p.  396,  article  878. 

Vehicles  conveying,  p.  396,  article  874. 

Duty  of  teachers,  p.  397.  article  880. 

School  children,  p.  397,  article  881. 

Definition  of  contagious  diseases,  p.  397,  article  882 

To  be  reported,  p.  399,  article  891. 

To  prevent  spread  of  by  children,  p.  400,  article  892. 

Keports,  by  whom,  p.  400,  article  893. 

Parents  to  notify  principals,  p.  400,  article  894. 

Removal  to  hospitals,  p.  402.  article  900. 

Expense,  p.  402,  article  901. 

Regulating  access  and  egress,  p.  402,  article  902. 

Disinfection  of  clothing,  p.  402,  article  903. 
Comptroller — 

Relative  to  contracts,  p.  254,  article  526. 

Specifications,  p.  256,  article  539. 

Transfers,  p.  295,  article  657. 

Approval  of  bills,  p.  248,  article  506. 

Contracts,  p.  248,  article  507. 

Register  of  claims,  p.  248,  article  508. 

Note,  warrant,  cash  books,  p.  249,  article  508. 

Journal  and  ledger,  p.  249,  article  508. 

Other  duties,  p.  250. 

To  sell  property  for  taxes,  p.  662,  article  1731. 

Ex-officio  member  of  Board  of  School  Directors,  p.  691. 

To  assist  Treasurer  in  collection  of  taxes,  etc.,  p.  1103,  arti- 
cle 2929. 

Personal  Tax  Bureau,  p.  1106,  article  2940. 

To  report  all  tax  researches,  p.  1107,  article  2948. 

To  set  aside  funds  of  Waterworks,  p.  1167.  article  3129. 
Conduits — 

Franchise,  p.  250,  article  509. 

Route,  p.  250,  article  509. 

Supervision   of    Surveyor    and    Commissioner    of    Public 
Works,  p.  250,  article  510. 

Bond,  p.  250,  article  511. 

Lights  furnished  city,  p.  251.  article  512. 

Liability  for  damages,  p.  251,  article  513. 

Right  of  city  to  use  wires,  etc.,  p.  251,  article  514. 


GENERAL   IXDEX.  1267 

Conduits — Continued. 

Annual  payment,  p.  252,  article  515. 
Charges,  p.  252,  article  516. 
Penaltj',  etc.,  p.  252,  article  517. 
To  be  clear  of  other  pipe,  p.  252,  article  518. 
When  to  take  effect,  p.  252,  article  519. 
Congo  Square,  name  changed  to  Beauregard,  p.  598,  article  1512. 
Constable,  fees  and  costs,  p.  299,  articles  673-679. 

License  collection,  p.  465,  articles  1117-1123. 
Construction  (see  "  Buildings  '").  p.  168,  articles  292-360. 
Consumers,  smoke,  p.  555,  articles  1399,  1400. 
Contagious  diseases  (see  "Health  "),  p.  395,  articles  875-903. 
Contracts  and  Contractors    (see    "Buildings,"  "Comptroller,-' 
"  Labor  and  Laborers,'*  "  City  Surveyor,"  "  City  Council  "). 
Sureties  to  possess  real  estate,  p.  253.  article  520. 
Paving  Contracts — 

To  commence  when,  p.  253,  article  521. 

City  Surveyor's  approval,  p.  254,  article  522. 

License,  p.  254,  articles  524,  525. 

Duty  of  Comptroller,  p.  254,  article  526. 

Non-fulfilment  of  contract,  p.  254,  article  527. 

Extra  work,  p.  254,  article  528. 

Bills  not  approved  unless  under  approved  specifica- 

cations,  p.  254,  article  529. 
Plans  and  specifications  submitted  to  Council,  p.  254, 
articles  530-532. 
Contracts   printed   at  expense  of  contractors,  p.  254,  arti- 
cle 533. 
Plans   and  specifications   to  be  first  approved  by  Council 

before  sale,  p.  255,  article  531. 
Approval  of  Council   before   commencement   of  work,   p. 

255,  article  532. 
How  abrogated,  p.  255,  article  533. 
Over  $500.  p.  255,  article  534. 
Duty  of  Finance  Committee,  p.  256,  article  535. 
Duty  of  City  Notary,  p.  256,  article  536. 
Return  of  deposits,  p.  256,  article  538. 
Specifications  to  be  forwarded  Comptroller,  p.  256,  article 

539, 
Committee  to  investigate,  p.  256,  articles  540,  541. 
Employment  of  resident  labor,  p.  430,  articles  982-985. 
Not  binding  unless  approved  by  Council  and  let  to  lowest 

bidder.  Statute,  p.  570. 
Prescription  of,  647. 
Contravention  clerk,  duties  of,  p.  1822,  article  3170. 
Conveyance  of  prisoners,  p.  654,  articles  1696-1700. 
Conveyance,  Register  of,  p.  973. 


1268  GENERAL   INDEX. 

Cordero,  Antonio,  certain  rights  at  West  End,  p.  452,  article  1062. 
Costs,  penalties,  on  taxes,  p.  1133,  article  3027. 
Cotton  Landing,  p.  1192,  article  3219. 

Cotton— 

Storing  near  railroad  tracks,  p.  997,  articles  2653-2656. 
Cotton  Presses  and  Pickeries,  p.  257,  article  542. 

Smoking  in,  prohibited,  p.  560,  article  1419. 
Counsel  fees  of  city  officials  to  be  paid  by  city,  p.  571,  article 

1455. 
Courts — 

Police,  p.  969,  articles  2614,  2621. 
Driving  past  U.  S.  Circuit,  p.  1158,  articles  3102,  3103. 
Court  Officers- 
Recorders'  Courts,  p.  257,  article  543. 
Report  to  Chief,  p.  257,  article  544. 
Members  of  Police,  p.  257,  article  545. 
Penalty,  p.  257,  article  546. 
Court  Houses — 

Court  House  keepers,  p.  429,  articles  975-980. 
New  Court  House  and  Jail- 
Advertisement  for  bids,  p.  258,  article  547. 
Plans  and  specifications,  p.  258,  article  548. 
Cost,  p.  259,  article  549. 

Providing  for  payment,  p.  260,  articles  550-557. 
Accepting  bid  of  M.  A.  Orlopp,  p.  262,  article  558. 
Bricks  to  be  oiled,  p.  263,  article  560. 
Signs,  p.  263,  article  562. 
Bulletin  boards,   p.  263,  article  564. 
Sewer  connections,  p.  264,  article  565. 
Other  ordinance,  memoranda,  etc.,  p.  264. 
Civil  District  Court- 
Appointment  Committee  on  Ways   and  Means,   p.  264,^ 

article  567.     . 
Special  Committee,  p.  265,  article  568. 

Crescent  City  Railroad  Company,  p.  860,  articles  2307-2366. 

Extension  50  years,  p.  885,  ariicles  2367-2393. 

Right  of  way  and  specifications. 

Extension  fifty  years,  p.  885,  articles  2367-2393. 
Criminal  Court,  p.  258,  article  547. 

Sale  of  old  buildings,  p.  461,  article  1098. 
Cromwell  Line,  wharf  privileges,  p.  1207,  articles  3267,  3273. 
Crossings- 
Steam  cars  not  to  obstruct,  p.  699,  article  1775. 

Speed  of  railroads  at  Canal  street,  p.  701,  article  1786. 

Full  stop  at  steam  railroad,  p.  705,  articles  1808,  1810. 


i 


GENERAL   INDEX.  1269 

■Crossings — Continued. 

Construction  of,  p.  705,  articles  1811,  1813. 
Duty  of    Commissioner  of    Public   Works,  p.  705,  article 
1812. 

Full  stop  at  railroad,  p.  707,  article  1820. 

Cars  of  L.  &  N.  Railroad  on,  p.  722,  article  1884. 
Cruelty  to  Animals,  Statute,  pp.  109,  539,  article  1313. 
Dairies  (see  "Stables  and  Dairies")  p.  999. 
Dead  animals  (see  "Health"),  p.  398,  article  886. 
Dead  bodies  (see  "Health"),  p.  395,  article  883. 

Not  to  be  disturbed,  p.  271,  articles  588-589. 
Deadheads,  p.  569. 

Dead,  indigent,  p.  426,  articles  964-969. 
Deaf,  dumb  and  blind  asylum  statute,  p.  73. 
Deaths,  births  and  (see  "Health"),  p.  385. 
Debt  (see  "City  Debt"),  p.  210. 
Debris  to  be  removed,  p.  178,  article  336. 
Decimal  system,  house  numbering,  p.  422,  article  936. 
Delinquent  taxpayer  (see  "Taxes")  p.  1101. 
Delord  street  neutral  ground,  p.  631,  article  1281. 
Department,  organization  of,  p.  577,  articles  1479-1481. 

Estimate  of  supplies  and  materials,  p.  570. 
Depredations  on  public  buildings,  p.  552,  article  1381. 
Detective  Agencies — 

Unlawful  to  conduct  unauthorized,  p.  272,  article  590. 

Penalty,  p.  272,  articles  591-592. 

Application  to  City  Council  and  Bond,  p.  272,  article  3. 
Diagrams  of  theatres,  p.  96,  article  100. 
Digest  of  ordinances  (see  "Ordinances")  p.  573. 
Digging  up  streets,  p.  556.  articles  1401, 1404. 
Disinfecting,  pp.  658-1160,  articles  1714-3110. 
Disorderly  houses,  p.  137,  article  244. 
Disorderly  persons,  p.  1143,  article  3054. 
Districts,  garbage,  p.  371,  article  771. 

Pounds,  p.  665. 
District  Attorney,  p.  273. 

Disturbing  the  peace,  drunk,  etc.,  p.  548,  article  1360. 
Ditches,  drains  (see  "Fences,"  "Health,"  and  "Streets"). 
Dogs — 

Fighting,  p.  94,  articles  104-105, 

At  large,  p.  97,  article  113. 

Owner,  p.  98,  article  114. 

To  be  confined,  p.  98,  article  115. 

Tenements,  p.  98,  article  116. 

Unlawful  to  release,  entice,  etc.,  p.  98,  article  117. 

Vicious  dogs,  p.  98,  article  118. 

Injury  to  persons,  p.  98,  article  119. 


1270  GENERAL  INDEX. 

Dogs — Continued. 

Tags,  p.  98.  articles  120-122. 

Impounding,  p.  99,  article  123. 

When  slain,  p.  100.  article  129. 

Vicious  dogs,  p.  100,  article  130. 
Douglas  Square,  name  changed,  p.  616,  article  1599. 
Drains,  private,  p.  1078,  articles  2875,  2876. 
Drainage — 

Duty  of  Council,  p.  265,  article  569. 

Removal  of  timber  and  stringers  by  railroads,  pp.  265,  703, 
articles  570,  1799,  1800. 

Penalty,  p.  266,  article  571. 

Supervision,  p.  266,  article  572. 

Topographical  survey,  p.  266,  article  574. 

City  Engineer  to  submit  plans,  p.  266,  article  575. 

Mayor  to  appoint  Advisory  Board,  p.  267,  article  576. 

City  Engineer  to  report  to  Council,  p.  267,  article  577. 

Setting  aside  certain  fund,  p.  267,  article  578. 

Funds  for  topographical  survey,  p.  267,  article  579. 

Creating  drainage  fund,  p.  268,  article  580. 

Advisory  Board,  p.  268,  article  581. 

Vacancies,  p.  268.  article  581. 

Notice  of  meetings,  p.  268,  article  582. 

Drainage  plan  adopted,  p.  268,  article  583. 

Broad  Street  Canal,  p.  268,  article  583. 

Report  of  Advisory  Board,  p.  268,  article  584. 

City  Engineer  to  prepare  plans  and  specifications,  p.  269, 
article  585. 

City  Engineer  authorized  to  employ  cfertain  advisory  or 
consulting  engineers,  p.  269.  articles  586,  587. 

Ocher  ordinances,  p.  269. 

Proceeds  of  sale  of  swamp   land  pledged,    p.  661,  article 
1726. 

Illinois  Central  Railroad  not  to  impair,  pp.  709,  715,  articles 
1829,  1858. 

Acts  of  Legislature,  p.  270. 

Decisions,  p.  271. 
Drivers  and  Driving — 

Fast  driving,  p.  273,  article  596. 

Vehicles  included,  p.  273,  article  597. 

Speed,  p.  274,  article  599. 

Unlimited  speed.  Fire  Department,  p.  346,  article  718. 

Must  keep  to  the  right,  p.  274,  article  598. 

Duty  of  driver  in  case  of  accident,  p.  274,  article  599. 

Keep  their  seats,  p  274,  article  600. 

Violence  and  insulting  language,  p.  274,  article  601. 

Minors,  p.  274,  article  602. 


GENERAL   INDEX.  1271 

Drivers  and  Driving — Continued. 

Negligence  or  want  of  sliill,  statute,  pp.  275,  703,  articles 

603,  1798. 
Funerals,  p.  365,  articles  766,  767. 
Driving  animals  loose  through  street,  p.  538,  articles  1303, 

1309. 
Exercising  on  certain  streets,  p.  537,  article  1299. 
Crossing  tracks  in  front  of  engine  flagged,  p.  703,  articles 

1796.  1797. 
Xot  faster  than  walk  over  certain  bridges,  p.  1154,  article 
3074. 
Drought,  city  authorized  to  open  plugs,  p.  1066,  article  3127. 
Druggists  (see  "Medicine,'"  etc.),  p.  506. 
Mayor  to  select,  p.  504,  article  1251. 
Drugs,  poisons,  etc.  p.  631,  articles  1633-1636. 
Drunk  and  disturbing  the  peace,  p.  548,  article  1360. 
Dryades  Street  Market — 

Exempted  from   certain  provisions  of  market   ordinance^ 
p.  474,  article  1162. 
Dump  ground,  p.  1067,  article  2823. 
Dump  wharf,  p.  989,  articles  2627-2629. 
Dump  wharf,  p.   1159,  articles  3106-3111. 
Dump  wharf,  p.  1184,  article  3184. 
Dust,  cars  to  sprinkle,  p.  275,  articles,  604-606. 
East  Louisiana  Railroad  Company — 

Right  of  way,  p.  767,  articles  1821-1825. 
Edison's  Electric  Light  Company — 

Franchise  and  right  of  way,  p.  285,  articles  628-641. 
Education  (see  "Public  Schools'")  p.  672. 
Elections — 

Division  into  precincts,  p.  276. 
Commissioners,  p.  276. 
Manner  and  conduct  of,  p.  276. 
Special  elections,  p.  278. 
Election  days,  sale  of  liquors,  p.  243,  article  1157. 
Electric  Lights,  p.  466. 
Electric  Light  and  Power  Companies — 

Brush  Electric  Light  and  Power  Company,  p.  279,  articles 

607-615. 
Louisiana  Electric   Light  and   Power  Company,    p.  281, 

articles  616-627. 
Edison  Electric  Light  and  Power  Company,  p.  285,  articles 

628-641. 
Algiers    Ice    Manufacturing    Company,    p.    289,    arttcles 

642-649. 
Rights  and  franchises  for  Fifth  District,  p.  289,  articles 

642,  649. 
Shutting  off  currents,  p.  345,  article  716. 
To  remove  from  Jameson  Park,  p.  606,  articles  1549,  1550. 


1272  GENERAL   INDEX. 

Electric  light  poles,  erection  of,  p.  632,  articles  1637-1648. 

Kemoved  from  Jameson  Park,  p.  606,  articles  1549,  1550. 
Electric  Motors — 

Privilege  granted  Prudhomme,  Hart  and  others,  p.  291, 

article  650. 
Privilege  granted  Jos.  A.  Walker  et  als.,  p.   291,   article 
651. 
Electric  signals  (see  "Gates"),  p.  379. 
Emergency  cases— levees,  p.  434. 
Employees — 

Leave  of  absence,  p.  294,  article  652. 
Nine  hours  labor,  p.  294,  article  653. 
Transfers  prohibited,  p.  294,  article  654. 
Transfer,  clerk  abolished,  p.  294,  article  655. 
Bonds  of,  p.  571,  articles  1458-1460. 
Transfers  to  be  sworn  to,  p.  295,  article  656. 
Duty  of  Comptroller,  p.  295,  article  657. 
Rolls,  p.  295,  article  658, 
Payments  semi-monthly,  p.  295,  article  659. 
Engineer,  City  (see  "  Surveyor"),  p.  1098. 

Entertainments  (see  "  Amusements," etc.),  p.  89,  articles  79,  112. 
Esplanade  &  Bayou  Bridge  Line  railroad,   p.  825,  articles  2197, 
2232, 

Extension  of  franchise,  p.  853,  articles  2282,  2303. 
Esplanade  Street- 
Creating  and  appointing  Board  of  Commissioners,  p.  602, 

articles  1532,  1533. 
Powers,  p.  603,  article  1534. 
Additional  improvements,  p.  603,  article  1535. 
Plans  and  specifications,  p.  603,  article  1536. 
Estimates   of  supplies   and   material   by  heads   of  departments, 

statute,  p.  570. 
Estrays  (see  "  Pounds  "),  p,  665. 

Excavations,  during  certain  periods,  p.  390,  article  844. 
Not  apply  in  certain  cases,  p.  390,  article  845. 
Penalty,  p.  391,  article  846. 
Streets,  p.  556,  articles  1401-1404. 
Excavating  companies  (see  "  Vidangeurs"). 
Executive  (see  "Mayor"),  p.  503. 
Exhumation  of  human  bodies  (see  "Health  "),  p.  385. 
Explosives  (see  "Combustibles,"  etc.),  p.  293,  articles 499-502. 
Expropriations,  p.  296. 
Expenditures — 

Limit,  p.  110,  article  168. 
One-half  rule,  p.  110,  article  170. 
Limit  of  school,  annual  and  monthly,  p.  689. 
Extension  and  alteration  of  buildings  in  fire  limits,  p.  354,  arti- 
cle 751. 


GENERAL   INDEX.  1273 

Extortion  in  office,  statute,  p.  569. 
Factories,  Tanneries,  etc. — 

Permission  of  Council,  p.  296,  article  661. 
Height  of  chimneys,  p.  296,  article  663. 
Smoke  and  noise,  p.  296,  article  664. 
Penalty,  p.  297,  article  665, 
Privileges,  p.  297. 
False  Alarms,  p.  298,  articles  666-672. 

Statutes,  pp.  335,  336. 
Fast  driving,  p.  273,  article  596. 

Fire  Department  excepted,  p.  346,  article  718. 
Fees — 

Pound,  p.  100,  article  128. 
Building,  p.  169,  article  295. 
Contract  with  Constable,  p.  299,  articles  673-679. 
Harbormaster's,  p.  384. 

Of  counsel  for  officers  of  city  government,  p.  571,  article 
1455. 
Females — 

In  concert  saloons,  p.  140. 
Fences,  Ditches  and  Walls — 

Duty  of  owners,  p.  300,  article  680. 
Repairs,  p.  300,  article  681. 
Construction,  p.  301,  article  682. 
To  be  made,  p.  301,  article  683. 
Penalty  for  neglect,  p.  301,  article  684. 
Disposition  of  fines,  p.  301,  article  685. 
Posting  advertisements,  p.  557,  articles  1406-1410. 
Penalty,  p.  557,  articles  1409. 
Ferries — 

First,  Second  and  Third  Districts,  p.  301,  article  686. 
Canal  Street  Landing,  p.  301.  article  686. 
■Contract  and  specifications  of  lease,  p.  302. 
Accepting  bid  of  Thos.  Pickles,  p.  302,  article  688. 
Extending  time  of  double  service,  p.  309,  article  689. 
Jackson  Street  Ferry — 

Contract  and  specifications,  p.  310. 

Amendments  to  specifications,  p.  316, 
Napoleon  Avenue — 

Contract,  and  specificationss,  p.  318. 
Pine  Street — 

Contract  and  specifications,  p.  322. 
Delery  Street,  p.  329,  article  690. 
"General  Ordinances — 

Unlawful  to  keep  and  maintain,  p.  330,  article  691. 

Penalty,  p.  330,  article  692. 

Unlawful  to  smoke  in  cabins,  p.  560,  article  1423. 

Acts  of  Legislature,  p,  330. 

Decisions,  p.  330- 


1274  GENERAL  INDEX. 

Fifth  District- 
Providing  electric  lights,  p.  289,  articles  642-649. 

Regulating  houses  of  prostitution,  p.  459,  article  1086. 

Providing  waterworks,  p.  1177,  articles  3157,  3162. 
Wharves,  p.  1231,  articles  3339,  3341. 
Filling  lots,  p.  183,  articles  355,  356. 
Filmore  Square,  changing  name,  p.  598,  article  1511. 
Finance  Committee,  contracts,  p.  256,  article  535. 
Fines — 

Remission  of,  pp,331,  972,  articles  693,  2622. 

Diversion  of,  p.  331,  article  694. 

Deductions,  p.  331,  article  695. 

Monthly  returns,  p.  331,  article  697. 

Recorders'  Courts,  p.  971,  article  2619. 
Fink  Fund,  p.  77,  articles  33-41. 
Fire,  p.  469,  article  1137. 
Firearms — 

Concealed,  p.  544,  article  1341. 

Sale  to  minors,  p.  545,  articles  1342-1343. 

Discharge  in  city  limits,  p.  545,  article  1344. 

Discharge  in   Fifth  District  limits,  p.  545  article  1346. 
Fire  Alarm  and  Police  Telegraph  (see  '•  False  Alarms  ;and  Fire 
Department "). 

Superintendent,  p.  334,  article  698. 

Keys,  statute,  p.  335. 

Control  and  supervision,  p.  335. 

Alterations  and  extensions,  p.  336. 

Custody  and  control  of  keys,  p.  336. 

Duties  of  person  holding  keys,  p.  336. 

Use  of  keys,  p.  336. 

Rewards,  statute,  p.  335. 

False  alarms,  p.  298,  articles  666,  672. 

False  alarms  and  penalty,  statute,  p.  335,  336. 

E^forcement  of  ordinance,  p.  337. 

Keys  in  one's  possession  unauthorized,  p.  337. 

Louisiana  Auxiliary  Fire  Alarm  Co.,  Limited,  p.  338. 

National  Fire  Alarm  Company,  p.  337. 
Fire  Department  (see  "False  Alarms,  Fire  Alarms  and  Police 
Telegraph)." 

Board  of  Commissioners,  statute,  p.  339. 

Fire  District,  p.  340. 

Vacancies  on  Board,  p.  340. 

Removals,  p.  340. 

Organization,  p.  340. 

Duties  of  Commissioners,  p.  340. 

Commissioners  to  provide  tools,  etc.,  p.  341. 

Powers  of  Commissioners,  p.  341. 

Holder  of  political  offices  ineligible,  p.  341. 


GENERAL   INDEX.  1275 

Fire  Department — Continued. 

To  examine  causes  of  Are,  p.  341. 

Retention  of  present  employees,  p.  341. 

Estimates  to  be  prepared,  p.  342. 

Manner  keeping  accounts,  p.  342. 

Bonds  and  duties  of  members,  p.  342. 

Injured  members,  p.  342. 

Right  of  way  to  fire,  p.  842. 

Selling  of  salaries  prohibited,  p.  343. 

Powers  and  duties  of  chief,  p.  343. 

Charges  against  members,  p.  343. 

Suspension  of  members,  p.  343. 

Permission  to  handle  apparatus,  p.  343. 

Police  powers,  p.  344. 

Penalty  for  refusal  to  comply  with  orders,  p.  344. 

Responsibility  rests,  where,  p.  344. 

Order  of  rank,  p.  344. 

Qualifications  of  members,  p.  344. 

Leaves  of  absence,  p.  344. 

Warrants,  p.  344. 

Oath  of  office,  p.  344. 

Discipline,  p.  345. 

Exemption  from  jury  and  militia  duty,  p.  345. 

Fines  and  penalties,  p.  345. 

Shutting  off  electric  currents,  p.  345,  article  716. 

Telephone  connection,  p.  346,  1127,  articles  717,  3014. 

Unlimited  speed,  p.  346,  article  718. 

Exemption  from  penalties,  p.  347,  article  719, 

Right  of  way,  p.  347,  article  720. 

Access  to  water,  p.  347,  article  721. 

Access  to  water,  statute,  p.  347. 

Penalty,  p.  347,  article  722. 

Duty  of  police  during  fire.  p.  348,  article  723. 

Engine  not  to  run  on  sidewalks,  p.  348,  article  724. 

Penalty,  p.  348,  article  725. 

Demolition  of  buildings,  p.  348,  article  726. 

Iron  sliutters,  p.  349,  article  727. 

Penalty,  p.  349,  article  728. 

Device  for  opening  shutters,  p.  349,  article  730. 

Other  ordinances,  p.  349. 
Fire  Escapes — 

Steam  pipes,  p.  350,  article  731. 

Metallic  ladders,  p.  350,  article  732. 

Notice  to  owners  and  agents,  p.  350,  article  732. 

Failure  to  comply,  p.  351,  article  733. 

Duty  of  Mayor,  Chief  Engineer,  p.  351,  article  734. 

Act  105  of  1877,  p.  351. 


1276  GENERAL   INDEX. 

Fire  Limits — 

Unlawful  to  erect  buildings  except  with  walls  of  brick  or 
other  non- combustible  material  in  certain  limits,  p.  351, 
article  736. 
Limits,  p.  352,  article  736. 

Fourth  District,  p.  352,  article  737. 
Fifth  District,  p.  352,  article  738. 
Plank  roofs — consent  of  Council,  p.  352,  article  740. 
Unlawful  to  erect  building  without  fireproof  roof,  p.  353, 

article  741. 
Kemoval  of  buildings,  p.  353,  article  742. 
Ladders,  p.  353,  article  743. 
Penalty,  p.  353,  articles  744,  745. 
Duty  of  police,  p.  354.  article  746. 
Frame  buildings  in  Third  District,  p.  354,  article  748. 
Unlawful  to  erect  certain  buildings,  p.  354,  article,  749. 
Buildings  four  or  more  stories,  p.  3.54,  article  750. 
Alterations,  extensions,  etc.,  p.  354,  article  751. 
Permits,  p.  355. 

Amendments,  p.  359,  articles  754-756. 
Firemen's  Cemetery,  Fifth  District,  p.  201,  article  409. 
Fireproof  materials  (see  ''Buildings"),  p.  182,  article  351. 
Fire  Sales — 

Duty  of  Treasurer  and  Mayor,  p.  359,  article  752. 
Fiscal  Agent  (see  "City  Charter"). 
Fish  (see  "Animals,  Offences") — 

Unlawful  to  kill  certain  fish  during  spawning  season,  pp. 

359,  543,  articles  757,  1332. 
Penalty,  pp.  360,  543,  articles  759,  1334. 
Unlawful  to  haul  seine,  net,  etc.,  p.  360,  articles  759. 
Penalty,  p.  360,  article  759. 
Fisk  Fund,  p.  80,  articles  42-52. 
Flatboats  and  barges,  p.  1215. 
Flat  wheels  on  cars,  p.  704,  articles  1805,  1806. 
Fleitas,  F.  B.,  grant    of  sugar  sheds  to,  p.  1091,   articles  2893- 

2904. 
Florists  at  markets,  p.  482,  article  1196. 
Flour,  unlawful  throwing,  p.  548,  article  1359. 
Flour,  inspection  of,  p.  360. 
Flow  of  water,  obstructing,  p.  390,  article  843. 
Flumes,  rice,  p.  989,  article  2631. 
Fecal  matter,  disposal  of,  p.  1159,  articles  3104,  3125. 
J'ood— 

Adulterated,  p.  385,  article  819. 

Adulterated,  statute,  p.  409. 

Tainted,  p.  393,  article  860. 

Unwholesome  food  in  markets,  p.  477,  article  1173. 


GENERAL   INDEX.  1277 

Forges,  Foundries  and  Blacksmiths — 

Permission  of  Council,  pp.  361, 1011,  articles  761,  2694,  2703 
Construction,  p.  361,  article  762. 
Consent  of  property  owners,  361,  article  763. 
Penalty,  p.  361,  article  764. 

Repealing  certain  ordinances,  p.  361,  article  765. 
Privileges,  p.  361. 
Forwood,  T.  &  G.,  wharf  privileges,  p.  1091,  articles  2893-2904. 
Foundries,  pp.  361, 1011,  articles  761,  765,  2694,  2702. 
Franklin  Street — 

Neutral  ground,  p.  530,  article  1274. 

Appointing  Board  of  Commissioners,  p.  603,  article  1537. 
Powers,  p.  603,  article  1538. 
Frederick,   Albert,   lease  lot  No.  10,  West  End,  p.  453,   articles 

1065,  1066. 
Fruits  and  Vegetables — 

Time  of  washing,  in  markets,  p.  478,  article  1176. 
Sale  from  stores,  p.  481,  article  1194. 
Full  Stops- 
Crossing  steam  railroad  crossings,  p.  705,  articles  1808,1809. 
Not  to  apply  to  crossings  with  gates,  p.  705,  article  1810. 
At  all  railroad  crossings,  p.  707,  article  1820. 
'Funerals — Duty  of  drivers,  p.  articles  365,  766,  767. 
Gambling  prohibited,  pp.  537,  538,  articles  1411,  1412. 
Game — 

Wild  duck,  p.  104,  articles  152,  153. 
Deer,  buck  or  fawn,  p,  105,  article  155. 
Hare  or  rabbit,  p.  105,  article  156. 
Quail  or  partridge,  p.  105,  article  157. 
Grosbecque  or  night  heron,  p.  105,  article  158. 
Rail  or  marsh  hen,  p.  105,  article  159. 
Song  birds,  p.  105,  article  160. 
Grasse,  lark  or  caille,  papabot,  p.  106,  article  161. 
Migratory  birds,  p.  106,  article  162. 
Wild  beasts,  p.  106,  article  163. 
Penalty,  p.  106,  article  164. 
Fish,  p.  359,  articles  757,  760. 
Garbage — 

Advertisement,  p.  370,  article  769. 

Deposit,  p.  370,  article  770. 

Districts,  p.  371,  article  771. 

Garbage  defined,  p.  372,  article  772. 

Unlawful  to  mix,  p.  372,  article  772. 

Notice  to  occupants,  p.  372,  article  773. 

Duty  of  contractor,  p.  372,  article  774. 

Street  pilings,  p.  373,  article  775. 

Hours  of  collection,  p.  373,  article  776. 

Duty  of  Commissioner  of  Public  Works,  p.  373,  article  777. 


1278  GENERAL   INDEX. 

Garbage— Continued. 

Inspection  and  supervision,  p.  374,  article  778. 

To  collect  daily,  p.  374,  article  779. 

City  to  be  protected,  p.  374,  article  780. 

Complaint,  p.  374,  article  781. 

Penalty,  p.  375,  article  781. 

Duty  of  Mayor,  p.  375.  article  782. 

Metallic  water-tight  boxes,  p.  375,  article  782. 

Unlawful  for  others  to  collect,  p,  375,  article  783. 

Penalty,  p.  375,  article  783. 

Bond,  p.  376,  article  784. 

Contractor  to  be  ready  in  one  year,  p.  376,  article  785. 

Compensation,  p.  376,  article  786. 

Acceptance  Southern  Chemical  and  Fertilizing  Company, 
p.  377,  article  788. 

Schleider  system  adopted,  p.  377,  article  789. 

Sale  of  garbage  boats,  p.  377,  article  790. 

Garbage  wharves,  p.  377,  article  791. 

Duty   of  Commissioner  Public   Works,  p.  377,  article  792. 

Notice  of  non-removal,  p.  378,  article  793. 

Investigation  of  complaints,  p.  378,  article  794. 

Duty  of  garbage  contractor,  p.  378,  article  795. 

Deductions,  p.  378,  article  796. 

Rules  and  Regulations,  p.  378,  article  797. 

Take  effect  when,  p.  378,  article  798. 

Unlawful  to  pick  or  disturb  contents  garbage  cans,  p.  378, 
article  799. 

Penalty,  p.  379,  article  800. 
Gas  Companies,  p.  366,  article  768. 
Gates — 

Elysian  Fields  street,  p.  379,  articles  801-807. 

N.  and  S.  Poydras  street,  p.  380,  article  808. 

At  all  steam  railroad  crossings,  p.  381,  article  809. 

To  be  erected  within  sixty  days,  p.  381,  articles  811-812. 

Ordinance  No.  4164,  C.  S.,  not  to  apply  to  crossings  with, 
p.  705,  article  1810. 
Gentilly  Avenue — 

Board  of  Commissioners,  p.  604,  article  1539. 

Appointment  and  Commissioners,  p.  604,  article  1540. 
Gimlet  knives,  sale  of,  p.  546,  articles  1348,  1349. 
Girod,  Nicholas,  fund,  p.  82,  articles  53-58. 
Glove  Contests — 

Prize  fights  prohibited,  p.  95,  article  106. 

Permitted  in  regula,rly  chartered  clubs,  p.  95,  article  107. 

Donations  to  city  and  penalty,  p.  95,  article  107. 
Goats — 

Nuisance,  p.  101,  article  135. 

Running  at  large,  p.  101,  article  136. 


GENERAL   INDEX.  1279 

Goats — Continued. 

Impounding  and  selling,  p,  102,  article  137. 

Pound  fees,  p.  102,  articles  140-142. 
Gongs,  prohibited  on  vehicles,  p.  540,  articles  1317-1318. 
Grade — 

Of  lots,  p.  177,  article  328. 

Of  gutters,  p.  1062,  articles  2801-2806. 

Of  streets,  p.  1047,  articles  2739-2765. 

Of  sidewalks,  p.  1070,  articles  2838-2843. 
Grain  elevator  (see  "Wharves"). 

Graveyards  (see  "Cemeteries"),  p.  196,  articles  380-418. 
Grass  on  sidewalks,  p.  566,  articles  1453,  1454. 
Great  Southern  Telegraph  and  Telephone  Company — 

Contract  for  lire  department,  p.  1127,  articles  3013-3014. 
Groceries,  sale  in  streets  by  retail  prohibited,  p.  563,  article  1438. 
Ground  Rents — 

Right  to  purchase,  p.  382,  articles  813,  814. 

Mayor  to  raise  mortgage,  p.  503,  article  1248. 
Guide  posts  on  wharves,  p.  1185,  article  3187. 
Gunpowder,  p.  239,  articles  479-484. 
Gutters — 

Across  banquettes,  p.  180,  article  342. 

Obstructing  flow  of  water  in,  pp.  390,  843,  articles  1078- 
2871. 

Grade  of,  p.  1062.  articles  2801-2806. 

Obstruction  by  builders,  p.  1077,  article  2868. 

Street  Commissioner  to  enforce  ordinance,  p.  1077,  article 
2869. 

Lines  and  levels,  p.  1077,  article  2870. 

Private  drains,  p.  1078,  articles  2875-2876. 
Handy,  Thomas  H — Lease  lot,  West  End,  p.   452,  articles   1062- 

1064. 
Harboring  vagrants  and  idle  persons,  p.  1141,  articles  3049-3055. 
Harbormasters,  Board  of.  Statute — 

Appointment,  terms  and  removal,  p.  382. 

Bond  and  security,  p.  382. 

Duties,  fees,  etc.,  p.  383. 

Office,  clerks  and  deputies,  p.  384. 

Other  duties,  eharges,  etc.,  p.  384. 
Harrison,  Dan.  C. — Lease  lot  No.   18,  West  End,  p.  449,  articles 

1048,  1050. 
Hart,  Judah— Railroad  Xo.  1,  p.  926,  articles  2526-2529. 

Right  of  way  and  speeifications. 
Hart,  Judah— Railroad  No.  2,  p.  930,  articles  2540-2573. 

Right  of  way  and  specifications. 
Hay  (see  "Combustibles"),  p.  244,  article  502. 
Health- 
Filling  lots  and  building,  p.  178,  article  331. 


1280  GENERAL  INDEX. 

Health — Continued. 

Duty  of  Recorder  of  Births,  Deaths  and  Marriages,  p,  201 , 
article  407. 

Inspection  of  garbage  works,  p.  374,  article  778. 

Introduction  of  hides,  p.  385,  article  816. 

Sale  of  putrid  meats  and  vegetables,  p.  385,  article  817. 

Penalty,  p.  385,  article  818 

Adulterated  food,  p.  385,  article  819. 

Sale  of  poison,  p.  385,  article  820. 

Soap  boilers,  foul  and  offensive  matter,  p.  386,  article  821. 

Sale  of  milk,  p.  386,  articles  822-833. 

Adulteration  of  molasses,  p.  388,  articles  834-839. 

Offensive  or  injurious  matter,  p.  389,  article  840. 

Administrator  of  police  to  remove  offensive  matter,  p.  390,. 
article  841. 

Cleanliness  of  slaughterhouses,  p.  390,  article  842. 

Obstructing  flow  of  water,  p.  390,  article  843. 

Unlawful  to  make  excavations,  p.  390,  articles  844-846. 

Exceptions,  p.  390,  article  845. 

Dumping  garbage,  p.  391,  article  847. 

Building  lots  to  be  filled,  p.  391,  article  848. 

Permits  to  build,  p.  391,  article  849. 

House  sills,  p.  391,  article  850. 

Water  supply,  p.  391,  articles  850-852 

Buildings  declared  uninhabitable,  p.  391,  article  851. 

Covers  for  cisterns,  p.  392,  article  853. 

Committing  nuisances,  p.  392,  article  854. 

Throwing  in  river,  p.  392,  article  855. 

Fees  for  permits,  p.  392,  article  856. 

Complaints,  p.  392,  article  857. 

Resisting  ofticers,  p.  392,  articles  858-859. 

Adulterated  or  tainted  food,  p.  393,  article  860. 

Inspection  of  cattle,  p.  393,  article  861. 

Landing  diseased  cattle,  p.  393,  articles  862,  863. 

Dead  animals,  p.  394,  article  864. 

Stagnant  water,  p.  394,  article  865. 

Filling  lots  with  manure,  p.  394,  articles  866,  867. 

Hours  for  closing  crab   and   shrimp   stands,  p.  394,  article 
868. 

Peddling  prohibited,  p.  394,  articles  869-870. 

Use  of  closed  building,  for  sale  of  fish,  etc.,  p.  395,  article 
871. 

Blowing  meat,  p.  395,  article  872. 

Blowing  of  animals  over  fifteen  months  old    p.  395,  arti- 
cles 873-874. 

Contagious  Diseases — 

Parents,  tutors,  etc.,  p.  395,  article  875. 
Visiting  person  afflicted,  p.  396,  article  876. 


GENERAL  INDEX.  1281 

Health — Contagious  Diseases — Continued. 

Clothing,  linen,  etc.,  p.  366.  article  877. 
Public  funerals  prohibited,  p.  .396,  article  878. 
Coroners  and  drivers,  conveying,  p;  396,  article  869. 
Duty  of  teachers,  etc.,  p.  397,  article  880. 
Not  allowed  to  attend  school,  p.  397,  article  881. 
Infections,   contagious   and   pestilential    diseases   de- 
fined, p.  397,  article  882. 
To  prevent  spread  of  by  children,  p.  400.  article  892. 
Diseases  to  be  reported,  by  whom.  p.  400,  article  893. 
Parents  to  notify  principals  of  schools,  p.  400,  article 
894. 
Dead  Bodies- 
Exposure  of  dead  bodies,  p.  397.  article  883. 
To  be  interred  within  twenty-four  hours,  p.  398,  ar- 
ticles 884-885. 
Coroners  and  medical  practitioners  to  report,  p.  399, 
article  891. 
Dead  Animals — 

Product  of.  p.  398,  article  886. 

Proprietors  to  cause  removal,  p.  398,  articles  887-888. 

Removal,  p.  399,  article  889. 

Animals  sick  with  contagious  diseases  removal  to.  p. 

401,  articles  895,  896. 
Animals  with  glanders,  p.  401,  article  897. 
Care  and   treatment  of    infectious     diseases,  p-     402, 
article  899. 
Removal  of  persons  to  hospital,  p.  402.  article  900. 
Expenses,  p.  402,  article  901. 

To  regulate  access  to  or  egress  from  contagious  and  infec- 
tious diseases,  p.  402,  article  902. 
Right  to  disinfect  clothing,  p.  402,  article  903. 
Board  of  Health,  Statute- 
Organization,  powers  and  duties,  p.  403. 
Births,  deaths  and  marriages,  p.  406. 
Adulteration  of  food,  statute,  p.  409. 
Heinrich,  J.  H.,  bid  accepted,  p.  486,  article  1209. 
Hides,  introduction  of,  p.  385,  article  816. 
Hogs,  p.  103,  article  143. 
Holt  Cemetery,  p.  202,  article  410. 
Hospitals — 

Removal  of  persons  with  small-pox  or  other  infectious  dis- 

ease,  p.  402,  article  900. 
Expense,  p.  402,  article  901. 
Permission  of  Counc'l,  p.  409,  article  918. 
Charity  Hospital,  statute,  p.  410. 
Small-pox  Hospital,  p.  415,  articles  919,  921. 
Leprosy  Hospital,  statute,  p.  416. 


1282  GENERAL  INDEX. 

Hotels  and  Boarding-houses — 

Slops  and  offal,  p.  420,  article  933. 

To  deposit  in  river,  p.  420,  article  934. 

Penalty,  p.  421.  article  935. 

Act  for  protection  of  Hotel  Keepers,  p.  421. 
House  of  Refuge — 

Maj^or  to  appoint  board,  p.  418,  article  922. 

Organization,  p.  418,  article  923. 

Rules  and  regulations,  p.  418,  article  924. 

Reports,  p.  418,  article  925. 

Inspection,  p.  419,  article  926. 

Appointment  of  officers,  etc.,  p.  419,  article  927. 

Juvenile  vagrants,  p.  419,  article  928. 

Terms  of  commitment,  p.  419,  article  929. 

Charge  of  buildings,  p.  420.  article  931. 

Use  of  certain  property,  p.  420,  article  932. 
House  Xumbers — 

Decimal  system,  p.  422,  article  936. 

Plan  and  manner  of  numbering,  p.  422,  articles  937-943. 

Odd  and  even  numbers,  p,  422,  articles  944-946. 

Where  and  how  placed,  p.  423,  article  947. 

Number  to  be  selected  by  Couneil.  p.  423,  article  948. 

Contractor  to  place  numbers,  p.  423,  article  949. 

Notice  to  owners,  p.  423,  articles  950,  951. 

Collection  of  bills,  p.  424,  article  952. 

Original  numbers  to  be  removed,  p.  424,  article  953. 

Unlawful  to  renumber,  p.  424,  article  954. 

Charts  and  record,  p.  424,  article  955. 

Duty  of  City  Engineer,  p.  424,  article  956. 

Repealing  clause,  p.  424,  article  957. 
Houses,  vacant,  to  keep  doors  and  entrances  closed,  p.  555,  ar- 
ticles 1396-1398. 
Harrison,  Dan  C.  lease   lot  18,  West  End,  p.  449,  articles  1048- 

1050. 
Heinrichs,  J.  H..  bid  accepted,  p.  486,  article  1209. 
Ice  boxes,  in  markets,  p.  477,  article  1174. 
Idle  persons  (see  "Vagrants'"),  p.  1142,  articles  3054-3055. 
Illinois  Central  Railroad  Company — 

Right  of  way.  p.  708,  articles  1826-1874. 

Electric  signals,  p.  700,  article  1782. 

Wharf  privileges,  p.  1197.  articles  3238-3244. 

Wharf  privileges,  p.  1204,  articles  3262-3266. 
Impeachment  and  Removal — 

City  officers,  p.  425,  article  958. 

Committees,  p.  425,  article  959. 

Court  of  impeachment,  p.  425,  article  960. 

Order  of  proceedings,  p.  425,  article  961. 

Judgments,  p.  426,  article  962. 

How  removed,  p.  426,  article  963. 


GENERAL   INDEX.  1283 

Improvements — 

Street,  p.  1054,  articles  2773-2793. 

Sidewalks,  p.  1075,  articles  2860-2864. 
Indecent  language,  p.  547,  article  1356. 
Indecent  exposure  of  person,  p.  550,  articles  1373-1375. 
Indecent  exposure  while  bathing,  p.  551.  articles  1376-1377. 
Indigent  Dead  and  Insane — 

Unlawful  to  bring  into  city,  p.  426.  article  964. 

Penalty  for  so  doing,  p.  426,  article  965. 

Arrangement  with  Louisiana  Retreat,  p.  426,  articles  966- 
969. 
Infectious  diseases  (see  "Health  '■).p.  395,  articles  875-903. 
Insane  asylum,  p.  74. 
Insane  persons,  p.  74. 
Inspection  and  Supervision — 

Of  boilers,  p.  427. 

Of  cattle,  p.  393,  article  861. 

Of  garbage  carts,  p.  374,  article  778. 

Of  slaughterhouses,  p.  993,  article  2642. 

Of  weights  and  measures  in  markets,  p.  480.  article  1184. 

Of  weights  and  measures,  p.  1244. 
Inspector  of  Banquettes,  p.  1070. 

Of  weights  and  measures,  p.  427,  1244. 
Institutions,  public  (see  "Almshouse,"  etc.). 
Insurance,  city  property,  p.  427,  articles  970,  971. 

Properly  purchased  for  taxes,  p.  662,  1108,  articles  1733 
2958. 
Interest  on  taxes,  p.  1100,  articles  2919,  2968. 
Interments  (see  "  Cemeteries  ''),  p.  196,  articles  380.  418. 
Intersections  (see  "  Railroads."  "  Streets  ""). 

Banquettes,  p.  1074,  2854. 
Intoxication  and  disturbing  the  peace,  p.  548,  article  1360. 
Israel,  E.  L.,  lease  of  grounds.  West  End,  p.  452.  articles  1057-1061 . 
Israelite  Charitable  Association  Cemetery,  p.  202.  article  411. 
Itinerant  vendors  of  drugs  (see  "Medicine"),  p.  506. 
Jackson  Square — 

Creating  Board  of  Commissioners,  p.  604.  article  1540. 

Powers  of.  p.  604.  article  1541. 

When  to  assume  control,  p.  605,  article  1542. 

Objects,  p.  605,  article  1543. 

Rights  reserved  city,  p.  605,  article  1544. 

Ordinance  construed,  p.  605,  article  1545. 
Jails  (see   "Prisons  and  Jails"),  p.  648. 
Jamison  Park — 

Location,  p.  606,  article  1546. 

Mayor  to  appoint  commissioners,  p.  606,  article  1547. 

Repealing  clause,  p.  606,  article  1548. 

Electric  poles  to  be  removed,  p.  606,  article  1549. 

City  Engineer  to  have  removed,  p.  1550. 


1284  GENERAL  INDEX. 

Jefferson  Gas  Light  Company — 

Compromise  with  city,  p.  366,  article  768. 

Compensation,  p.  366,  article  768. 

Lamps  moved,  p.  366,  article  768. 

To  discontinue  all  suits,  p.  366,  article  768. 

Waiver  of  payments,  p.  366,  article  768. 

Extra  lights,  p.  366,  article  768. 

Incorporation,  statute,  p.  367. 

Amended  act,  statute,  p.  366. 

Contract  with  city  of  Jefferson,  p.  366. 

Decisions,  p.  366. 
Jefferson  Park — 

Location,  p.  606,  article  3551. 

Mayor  to  appoint  Commissioners,  p.  606,  article  1552 
Jefferson,  Tunisburg  and,  Railroad- 
Right  of  way,  p.  919,  articles  2491,  2525. 
Joints,  opium,  unlawful,  p.  577,  article  1478. 
Judah  Hart  Railroad — 

No.  1,  right  of  way,  p.  926,  articles  2526,  2539. 

No.  2,  right  of  way,  p.  930,  articles  2540,  2573. 
Judgments — 

Duty  of    City  Attorney    and  assistants,   p.   119,   articles 
206,  207. 

Of  impeachment  and  removal,  p.  426,  article  962. 

Moneys  recovered  by,  p.  428,  article  972. 

Written  statement  by  City  Attorney,  p.  428,  article  973. 
Jury  and  jury  commissioners,  p.  429. 
Juvenile  vagrants,  p.  1141,  articles  3050-3053. 
Keegan,  J.  J.,  R.  B.  Benton  and  privilege,  p.  1161.  articles  3115- 

3120. 
Keepers — 

Of  archives,  p.  428,  article  974. 

Of  court  house,  p.  429,  articles  975-980. 

Of  morgue,  p.  509,  article  1261. 

Of  pounds,  p.  99,  668,  article  124,  1752. 

Duties  of,  pp.  99,  667,  articles  126,  1747. 
Keller  market,  p.  492,  article  1237. 
Keys — 

Of  fire  alarm  and  police  telephone,  p.  335. 

Duties  of  holders  of,  p.  336. 

Use  of,  p.  336. 

Unauthorized  possession  of,  p.  337. 
Kilns,  ovens  and,  privileges,  p.  583. 
Knives,  gimlet,  sale  of,  p.  546,  articles  1348-1349. 
Labor  and  Laborers — 

Nine  hours,  p.  294,  article  653. 

To  be  residents  of  ward,  p.  430,  article  981. 

Employment  of  residents  by  contractors,  p.  430,  article  982.. 


GENERAL  INDEX.  1285 

Labor  and  Laborers — Continued. 
Penalty,  p.  430,  article  983. 
Bond,  p.  430,  article  984. 
Part  of  contract,  p.  431,  article  985. 
Prison,  p.  649,  articles  1684,  1686. 
Parish  prison,  p.  652,  article  1690. 
Labor  Agencies,  statute,  p.  431. 
Ladders — 

Metallic,  lire  escapes,  p.  350,  article  732. 
For  frame  buildings,  p.  353,  articles  743-745. 
Lands  and  Levees — 

Creating  Orleans  Levee  District,  p.  432. 
Gaps  and  openings,  p.  436,  article  987. 

Penalty  for  cutting  without  permission,  p.  437,  article 
989. 
Protection  Levees — 

Cutting  gaps,  p.  436,  article  986. 

Carrollton,  p.  437,  article  993. 
Levees — 

Grazing  on,  p.  438.  article  995. 

Penalty,  p.  438,  article  996. 

Rafts,  vessels  or  boats,  p  438,  article  998. 

Digging  prohibited,  p.  438,  article  999. 

Mooring  posts,  p.  438,  article  999. 

Caving  banks,  p.  439,  article  1000. 

Penalty,  p.  439,  article  1001. 

Duty  of  wharfinger,  p.  439,  article  1002, 

Not  to  encumber  with  sand,  p.  439,  article  1003. 

Not  to  damage,  p.  439,  article  1004. 

Penalty,  p.  439,  article  1005. 

Duty  of  wharfinger,  p.  439,  article  1006. 

Obstructions  on  levee  front,  p.  439,  article  1007. 

Commission  of  Public  Works  to  remove,  p.  440,  article 
1008. 

Commission  of  Public  Works  to  remove  squatters,  p. 
480,  article  1009. 
Batture,  p.  441,  articles  1012-1020. 
West  End  Revetment  Levee — 

Privileges    to  N.   O.  City  &  Lake  Railroad,  p.  443 
article  1021. 

Exclusive  use,  p.  443,  article  1022. 

Conditions,  p.  443,  article  1023. 

Rights  inside  revetment,  p.  444,  article  1024. 

Revocation  of  rights  to  others,  p.  444,  article  1025. 

Reversion  to  city,  p.  444,  article  1026. 
Lake  Shore — 

Privileges  revoked,  p.  445,  articles  1027-1032. 

Erection  of  buildings,  p.  445,  article  1028. 


1286  GENERAL  INDEX. 

Levees — Lake  Shore — Continued. 

Transfer  of  permits  prohibited,  p.  445,  article  1029. 
Survey  of,  p.  445,  articles  1030-1031, 
Southern  Yacht  Club,  p.  446,  articles  1033-1035. 
Lease  of  lots,  p.  446,  article  1034. 
Reservation  by  City,  p.  447,  articles  1038-1040. 
Privileges  on  Lake  Shore — 

Riverside  Rowing  Club,  p.  447,  article  1041. 
John  Schneckenberger,  p.  447.  article  1042. 
G.  C.  Bohne,  p.  448,  article  1045. 
Daniel  C.  Harrison,  p.  448,  article  1048. 
T.  Bruning,  p.  450,  article  1051 . 
Jean  Prat,  p.  451,  article  1054. 
E.  L.  Israel,  p.  452,  article  1057. 
E,  S.  Bowman,  p.  453,  article  1067. 
Michael  Carroll,  p.  454,  article  1070. 
Acts  of  Legislature — 

Rights  of  riparian  owners,  p.  455. 
Decisions,  p.  455. 
Lafayette  Square — 

Appointment  of  Commissioner,  p.  624,  article  1628, 
Franklin  statue,  p.  624,  article  1629, 
Protection  of  monument,  etc.,  p.  624,  article  1630, 
Lamps  and  posts,  defacing,  p.  562,  article  1434. 
Landings  (see  "Wharves""),  p.  1186,  articles  3194-3227. 
Language,  indecent,  p.  547,  article  1356. 
Lease  of  wharves,  p.  1214,  articles  3289-3345, 
Leave  of  Absence — 

City  employees,  p.  294,  article  652. 
Fire  department,  p.  344. 
Lee  Place — 

Dedication,  p,  611,  article  1575. 
Lee  monument,  p.  612,  article  1576. 
Name,  p.  612,  article  1577. 
Legacies  (see  "Almshouses,"  etc.),  p,  67. 
Leprosy,  statute,  p.  416. 
Levees  (see  "Lands  and  Levees"),  p.  432. 
Levee  Board  (see  "Lands  and  Levees'"),  p.  432. 
Levee  and  Barracks  line — 

Franchise,  p.  821,  articles  2182.  2196. 
Extension,  p.  852,  articles  2280-2303. 
Lewd  Women — 

Xot  to  stand  on  sidewalks,  p.  457,  article  1074. 
Not  to  frequent  saloons,  p.  457,  article  1075. 
Subject  to  police  surveillance,  p.  457,  article  1076. 
City  limits,  p.  458,  article  1077. 

Unlawful  to  reside  outside  limits,  p.  458,  article  1078, 
Houses  of  prostitution,  limits,  p.  458,  article  1079. 


GENERAL   INDEX.  1287 

Lewd  Women — Cuntimied. 

Agents  or  owners  renting  rooms  outside  of  limits,  p.  458, 

article  1080. 
Notice  by  Mayor  to  quit,  p.  458,  article  1081. 
Mayor  authorized  to  close  houses,  p,  459,  article  1082. 
Penalty,  p.  459,  article,  1083. 
Separate  offences,  p.  459,  article  1084. 
Excepting  certain  localities,  p.  459,  article  1085. 
Limits  Fifth  District,  p.  459,  article  1086. 
Duty  of  police,  p.  460,  article  1087. 

Renting  rooms,  etc.,  in  violation  of  ordinance,  p.  460,  arti- 
cle 1088. 
Canal  street,  p.  460,  articles  1091-1094. 
Duty  of  Mayor,  p.  461,  article  1095. 
Liberty  Place — 

Boundaries,  p.  612,  article  1578. 

Commissioners  and  their  powers,  p.  613,  articles  1579,1580. 
Library — 

Dedicating  Criminal  Court  to  use  of  Library,  p.  461.  article 

1096. 
City  Engineer  to  prepare  plans,  etc.,  p.  461,  article  1097. 
Repealing  certain  ordinances  providing  for  sale  of  building, 

p.  461,  article  1898. 
Under  control  of  Mayor,  p.  462,  article  1099. 
Librarian,  p.  462,  article  1100. 

Hours  of  opening  and  closing,  p.  462,  article  1101. 
Assistant  Librarian,  p.  462,  article  1102. 
Consolidating  Libraries  First,  Second,  Third  and  Fourth 

Districts,  p.  462,  article  1104. 
Juvenile  department,  p.  462,  article  1105. 
Free  to  teachers,  p.  462,  article  1106. 
Subscribers,  p.  462,  article  1107. 
Moneys  received,  p.  462,  article  1108. 
Appropriations,  p.  463.  article  1109. 
Life  membership,  p.  463,  article  1110. 

Linton-Surget  Library  or  Hall,  p.  463,  articles   1111-1112. 
Librarian,  p.  462,  article  1100. 

Assistant,  p.  462,  article  1102. 
License — 

Barrooms,  p.  136,  article  238. 

Transfers,  p.  136,  article  241. 

Music  saloons,  p.  137,  article  247. 

Post  in  conspicuous  place,  p.  464,  article  1113. 

Duty  of  police,  p.  465,  article  1114. 

Duty  of  City  Attorney,  p.  465,  article  1115. 

Duty  of  Assistant  City  Attorney,  p.  465,  article  1116. 

Contracts  with  Constable,  p.  465,  article  1117. 

Fees  to  be  paid  out  of  judgment,  p.  466,  article  1119. 


1288  C4ENERAL   INDEX. 

License —  Continued. 

Cost  to  be  paid  if  time  granted,  p.  466,  article  1120. 

Cost  to  be  paid  if  license  paid  to  Treasurer,  p.  466,  article 

1121. 
Contract  not  to  apply  prior  to  July  5,  1895.  p.  465,  article 

1122. 
Mayor  authorized  to  contract,  p.  466,  article  1123. 
Mayor  authorized  to  relieve,  when,  p.  504,  article  1250. 
Plates,  illegal  use  of,  p.  541,  articles  1319-1321. 
Plates  for  vehicles,  pp.  670,  1147,  articles   1759,  3057-3062. 
Xights — 

Masking  (see  '-Awnings,""  etc.),  p.  128,  article  211. 
Shutting  off  electric  currents,  p.  345,  article  716. 
Compromise  with  Jefferson  Gas  Company,  p.  366,  article  768 
Red,  p.  563,  article  1439. 

Vehicles,  pp.  1148-1157,  articles  3063-3064-3096. 
Lighting  city — 

Advertisement,  p.  466,  article  1124. 

Bidders,  p.  467,  article  1125. 

Deposits,  p.  467,  article  1126. 

Lamps,  where  suspended,  p.  467,  article  1127. 

Means  of  suspension,  p.  467,  article  1128. 

Height  of  suspension   p.  467.  article  1129. 

Poles,  p.  467,  article  1130. 

Light  power,  p.  468,  article  1131. 

Illumination,  p.  468,  article  1132. 

Burners,  p.  468,  article  1133. 

Cleaning,  p.  468,  article  1134. 

Poles  replaced,  p.  468,  article  1135. 

Hours  of  lighting,  p.  468,  article  1136. 

Candle  power  to  be  tested  by  City  Surveyor,  p.  468, 
article  1137. 

Fires,  p.  469,  article  1137. 

Currents,  p.  469,  article  1138. 

Wires  and  their  insulation,  p.  469,  article  1139. 

Contractor's  duty,  p.  469,  article  1140. 

Material  and  labor,  p.  469,  article  1141. 

Inspection  by  committee,  p.  470,  article  1142. 

Failure  to  fulfil  contract,  p.  470,  article  1143. 

Construction  and  repairs,  p.  470,  article  1144. 

Lamps  out,  p.  470,  article  1145. 

Duty  of  Commissioner  of  Police  and  Public  Buildings 
p.  470.  article  1146. 

Towers,  p.  471,  article  1147. 

Bond,  p.  471,  article  1148. 

Rights,  p.  471,  article  1149. 

Accepting  bid  of  Louisiana  Electric  Light  Company, 
p.  471,  article  1150. 


GENERAL   INDEX.  1289 

Lights — Continued. 

Authorizing  Mayor  to  contract   with,   p.  471,  article 

1151. 
Return  of  deposit,  p.  471,  article  1152. 
On  towers,  p.  1139,  article  3046. 
Lime — 

Not  to  store,  etc.,  p.  472,  article  1153. 

How  stored,  p.  472,  article  1154. 

Penalties,  p.  472,  article  1155. 

Surveyors  to  inspect,  p.  472,  article  1156. 
Limits,  fire,  p.  351,  articles  736-751. 

Pound,  p.  666,  article  1742. 
Lines  of  streets,  p.  1046,  articles  2735-2738. 
Literature,  obscene,  p.  551,  articles  1378-1380. 
Liquors,  sale  of — 

Election  day,  p.  473,  article  1157. 

On  vessels,  p.  473,  article  1158, 

Penalty,  p.  473,  article  1158. 

United  States  soldiers,  p.  136,  article  242. 

Prohibited  in  markets,  p.  479,  article  1181. 
Load,  what  constitutes,  p,  1149,  article  3066. 
Locust  Grove  Cemetery,  p.  202,  articles  412-413. 
Lots— 

To  be  raised,  p.  177,  article  326. 

Permit  from  City  Engineer,  p.  177,  article  327. 

Grade  of,  p.  177,  article  328. 

Bond  to  fill,  p.  177,  article  329. 

Powers  of  Board  of  Health,  p.  178,  article  331. 

To  be  filled,  p.  391,  article  848. 

Permit  to  build,  p.  391,  article  849. 

Filling  with  manure,  p.  394,  articles  866-867. 
Lotteries — 

Unlawful  sale  of  tickets,  pp.  473,  553,  articles  1160-1387. 

Penalty,  p.  553,  article  1161. 

Acts  of  Legislature,  p.  474. 
Louisiana  Avenue — 

Board  of  Commissioners,  p.  606,  article  1553. 

Terms  of  appointment,  p.  607.  article  1554. 

Powers  of  board,  p.  607,  article  1555. 

Commissioners  prohibited  from  having  interest  in  contracts, 
p.  607,  article  1556. 

Donations,  p.  607,  article  1557. 

Unlawful  to  place  wood,  etc..  on,  p.  608.  article  1558. 

Penalty,  p.  608,  article  1559. 

Not  to  interfere  with  railroads,  p.  609,  article  1560. 

Repealing  clause,  p.  609,  article  1561. 
Louisiana  Auxiliary  Fire  Alarm  Company,  Limited — 

Franchise  and  right  of  way,  p.  338,  articles  711-715. 


1290  GENERAL   INDEX, 

Louisiana  Construction  and  Improvement  Company- 
Lease  of  wharves,  p.  1214,  articles  3289-3316. 
Louisiana  Electric  Light  and  Power  Company — 

Franchise  and  right  of  way,  p.  2S1,  articles  616-624. 

Plant  to  Charity  Hospital,  p.  284. 

Use  of  public  grounds,  p.  284,  articles  625-627. 

Contract  for  lighting  city.  p.  466,  articles  1124-1149. 

Accepting  bid  of,  p.  471,  article  1150. 
Louisiana  Hose  Company — 

Sale  of  certain  property,  p.  663,  article  1736. 
'Louisiana  Retreat — 

Care  of  insane,  p.  426,  articles  964-969. 
Louisiana  Scientitical  and  Agricultural  Association,  p.  .594,  arti 

cles  1500-1501. 
Louisville  &  Xashville  Railroad- 
Right  of  way,  etc.,  p.  720,  articles  1875-1906.     . 

Wharf  privileges,  p.  1201,  articles  3253-3266. 
Lounging — 

On  stalls  in  markets,  p.  477,  article  1172. 

In  parks,  squares,  etc.,  p.  564,  article  1443. 
Lower  City  Park — 

New  Orleans  Park  Improvement  Association,  p.  597.  arti- 
cle 1502. 

Government,  management,  etc.,  p.  597.  article  1503. 

Donations,  p.  597,  article  1504. 

Rules  and  regulations,  p.  597,  article  1505. 

Penalty  for  their  violation,  p.  597,  article  1606. 

Duty  of  City  Engineer,  p.  598,  article  1507. 

Places  of  public  resort,  p.  598.  article  1508. 

Repealing  clause,  p.  598,  article  1509. 
Luggers- 
Landing,  p.  1192.  articles  3220-3221. 
Lumber  and  Timber,  p.  1192,  article  3222. 

Macarthy  Square,  appointing  commissioners,  p.  613.  article  1581. 
Machine  shops  and  foundries,  p.  361,  articles  761-765. 

Privileges,  p.  509. 
Magazine  and  Lowerline  street  line — 

Right  of  way,  p.  876,  articles  2340-2366. 

Extension  50  years,  p.  887,  arlicles  2371-2393. 
Magnolia  bridge,  repairs,  p.  712,  article  1841. 
Malicious  mischief,  p.  557,  article  1394. 
Manholes,  p.  657,  article  1708. 

Manure,  removal  through  streets,  p.  562,  article  1433. 
Maps,  surveys  and,  property  of  city,  p.  1100,  article  2917. 
Margaret  Place — 

Board  of  commissioners,  p.  613,  article  1582. 

Powers  of,  p.  613,  article  1583. 

To  assume  control,  p.  6LS.  article  1584. 


GENERAL  INDEX.  1291 

Margaret  Place — Continued. 

Object  of  ordinance,  614,  article  1585. 
Rights  reserved  city,  p.  614,  article  1.586. 
Common  to  all,  p.  614,  article  1587. 
Enclosing  banquettes,  p.  614,  article  1588. 
Additional  grants,  p.  615.  articles  1589-1593. 
Marie,  Jean,  behest,  p.  72,  article  32. 
Markets — 

Public- 
Crab  and  shrimp  stalls,  hours  of  closing,  p.  394,  article 
868. 

Charges  for  stalls,  etc.,  p.  474,  article  1162. 

Dryades  market  excepted,  p.  474,  article  1162. 

Stalls  to  be  returned  in  good  condition,  p.  475,  article 
1163. 

Sale  of  meats,  lish,  etc.,  p.  475,  article  1164. 

Centre  aisles  for  sale  of  meat,  p.  475,  article  1165. 

Side  aisles  for  sale  of  flsh,  etc.,  p.  476,  article  1166. 

Signs,  p.  476,  article  1167. 

Opening  and  closing  of,  p.  476,  article  1168. 

Cleanliness,  p.  476,  article  1169. 

Xot  permitted  to  occupy  more  than  one  stall,  p.  476, 
article  1170. 

Commissioner  of  Public   Buildings  to  keep  register, 
p.  477,  article  1171. 

Lounging  on  stalls,  p.  477,  article  1172. 

Unwholesome  food,  p.  477.  article  1173. 

Sale  of  corned  beef,  p.  477,  article  1174. 

Ice  boxes,  p.  477,  article  1174. 

Stands,  tables,  etc.,  p.  478,  article  1175. 

Covered  tubs  for  refuse,  p.  478,  article  1176. 

Time  of  washing  fruits  and  vegetables,  p.  478,  article 
1177. 

Sale  of  oysters  prohibited,  p.  478.  article  1178. 

Fires,  p.  478.  article  1179. 

Collection  of  dues  and  revenues,  p.  478,  article  1180. 

Sale  of  intoxicating  liquors  prohibited,  p.  479,  article 
1181. 

Peddlers,  p.  479,  article  1182. 

Dry  air  refrigerators,  p.  479,  article  1183. 

Disposal  of  offal,  p.  479,  article  1184. 

Cleaning  stalls,  p.  479,  article  1184. 

Time  of  leaving  market,  p.  480,  article  1184. 

Weights  and  measures,  p.  480,  article  1185. 

Wagons  for  vegetables,  p.  480,  article  1186. 

No  sales  outside  of  market,  p.  480,  article  1187. 

Empty  boxes  and  barrels,  p.  481,  article  1188. 

Tops  of  stalls,  p.  481,  article  1189. 


1292  GENERAL   INDEX. 

Marketfe,  Public— Contimted. 

Time  of  bringing  fresh  meat,  p.  481,  article  1190. 

Ordinance  to  be  posted,  p.  481,  article  1191. 

Penalty  for  violation  of  bid,  p.  481,  article  1192. 

Separate  offences,  p.  481,  article  1193. 

Sale  of  fruits,  etc.,  from  stores,  p.  481,  article  1194. 

Florists,  p.  482,  article  1196. 

Altering,  changing  and  removing  markets,  p.  482,  arti- 
cle 1197. 

Claiborne  market,  p.  482,  article  1198. 

Sale  of  revenues,  p.  483,  article  1200. 

Payments,  p.  483,  article  1201. 

Kepairs,  p.  484,  article  1202. 

Forfeiture  for  non-payment,  p.  484.  article  1203. 

Tombolas  in  vicinity   of    prohibited,  p.   563,    articles 
1435-1436. 

Lease  of  revenues  not  transferable,  p.  485,  article  1204 

Notarial  contract,  p.  485,  article  1205. 

Stipulations,  p.  485,  article  1205. 

Police  contract,  p.  485,  article  1206. 

Repealing  clause,  p.  485,  article  1207. 

Ordinance  as  amended  to  remain  in  force,  p.  486,  article 
1208. 

Accepting  bid  of  J.  H.  Hinrichs,  p.  486,  article  1209. 

Repealing  Ordinance  5587,  C.  S.,  p.  486,  article  1210. 

St.  Mary  Market,  p.  486.  articles  1211-1215. 

Prytania  Street  Market,  p.  487,  article  1216. 

Rocheblave  Market,  p.  488,  articles  1217-1226. 

Second  Street  Market,  p.  490,  articles  1227-1228. 

Carrollton  Market,  p.  490.  articles  1229-1230. 

Washington  Avenue  Market,  p.  491,  articles  1231-1236. 

Keller  Market,  p.  492,  article  1237. 

Sixth  District  Market,  p.  492,  articles  1238-1239. 
Private — 

Unlawful  to  establish,  when,  p.  493,  article  1240. 

Construction,  p.  493,  article  1241. 

Hours  of  opening,  cleanliness  and  inspection,  p.  493, 
article  1241. 

Limits,  p.  493,  article  1242. 

License  and  certificate  of  City  Engineer,  p.  493,  article 
1243. 

Penalty  for  violation,  p.  493,  article  1244. 

Repealing  clause,  p.  493,  article  1245. 

Act  116  of  1888,  regulating,  p.  494. 

Decision,  p.  494. 

Privileges  to  persons  to  operate  private  markets,  p.  495. 
IMaster  and  Wardens,  statute — 

Their  appointment,  duties,  etc.,  p.  499. 
Decisions,  p.  502. 


GENERAL  INDEX.  1293 

Mayor — 

Inspect  theatres  and  places  of  public  resort,  p.  91,  article  86. 

Cock  pits,  p.  94,  article  101. 

Closing  public  resorts,  p.  91,  article  88. 

Kegulating  balls,  p.  94,  article  100-102. 

Record  of  bakeries,  p.  130.  article  220. 

Regulating  assize  of  bread,  p.  133,  articles  225,  226. 

To  appoint  special  officers  for  Society  for  Prevention  of 

Cruelty  to  Animals,  statute,  p.  109. 
Duty  as  to  fire  escapes,  p.  351,  article  734. 
Duty  as  to  removal  of  garbage,  p.  375,  article  782. 
To  appoint  Board  of  House  of  Refuge,  p.  418,  article  922. 
Regulating  houses  of  prostitution,   p.  458.  articles   1081- 

1095. 
To  contract  with  constables  for  collection  of  license,  p. 

466,  article  1123. 
Copies  of  ordinances,  p.  503.  article  1246. 
City  seal,  p.  503,  article  1247. 

To  raise  mortgages  for  ground  rent.  p.  503,  article  1248. 
To  vote  in  corporations,  p.  503,  article  1249. 
To  relieve  payment  of  license  in  certain  cases,  p.   504,. 

article  1250. 
To  select  druggist,  p.  504,  article  1251. 
Requiring  police  to  report  business  firms,  p.  504,  article 

1252. 
Permission  to  post  advertisements,  p.  557,  article  1408. 
To  preside  over  Police  Board,  p.  638. 
Commander  in  Chief  of  Police,  p.  640. 
To  commission  patrolmen  Boylan's  Detective  Agency,  p. 

644,  article  1669. 
Authorized  to  purchase  certain  property,  p.  663,  article 

1737. 
Authorized  to  sell  certain  property,  p.  664,  article  1738. 
Ex-officio  member  of  Board  of  School  Directors,  p.  691. 
Authorized  to   remove   obstructions— cleaning  streets,   p. 

1079. 
Meats — 

Sale  of  putrid,  p.  385,  article  817. 
Penalty,  p.  385,  article  818. 
Penalty  in  markets,  p.  475,  article  1168. 
Time  for  bringing  to  market,  p.  481,  article  1190. 
Medicine,  Surgery  and  Midwifery — 

Act  of  Legislature — regulating  practice  of,  p.  506. 
Meetings  in  squares  and  parks  prohibited,  p.  565,  article  1444. 
Melpomene,  Camp  and  Coliseum  Street  Culvert — 
Unlawful  to  drive  on,  p.  504,  article  12.53. 
Commissioner  Police  and  Public  Buildings,  to  erect  signs, 

p.  505,  article  1254. 


1294  GENERAL   INDEX. 

Melpomene,  Camp  and  Coliseum  Street  Culvert — Contimied. 

Unlawful  to  ride  on,  etc.,  p.  505.  article  1255. 

Other  ordinances,  p.  505. 
Merancovich,  Joseph,  transferee,  West  End.  p.  453,  article  10(54. 
Meridian  Lines,  p.  505.  articles  1257-1260. 


Duty  of  telegraph  company  to  transmit,  p.  1131. 

Penalty  for  failure  to.  p.  1132. 

Penalty  for  failure  or  refusing  to.  p.  1132. 

Defeating  the  ends  of  justice,  prohibited,  p.  1132. 
Metal  gutters  (see  •'  Buildings  "),  p.  168. 
Metairie  Park — 

Boundary,  powers,  etc..  p.  615,  article  1594. 

Unlawful  to  place  or  throw  wood  on.  p.  615,  article  1595. 

Repealing  clause,  p.  615.  article  1596, 
Midwifery  (see  "Medicine,"  etc.),  p,  507, 
Milk- 
Sale  of  adulterated,  p.  386,  articles  822-823. 

Standard,  p.  386.  article  824. 

Adulteration  defined,  p.  387.  article  825. 

Samples  to  be  furnished,  p.  387.  articles  826-827. 

Sale  of  skimmed  milk  unlawful,  p.  387,  article  828. 

Skimmed  milk  to  be  marked,  p.  388,  article  829. 

Vehicles  to  be  marked,  p.  388.  article  830. 

Carrying  water  prohibited,  p.  388,  articles  831-832. 
Militia,  p.  509. 
Minors- 
Sale  of  liquors  to,  p.  138.  article  251. 

Sale  of  liquors  to,  statute,  p.  141. 

Penalty,  p.  138,  article  252, 

Duty  of  Police,  p.  138,  article  253. 

Failure  to  arrest,  p.  139,  article  253. 

Driving  vehicles,  p.  275,  article  602. 

Prohibited  from  impounding  animals,  p.  669.    article  1754. 

Prohibited  from  hanging  on  cars,  p.  702.  articles  1792-1794. 

Unlawful  to  buy  from  or  sell  to  second-hand  stores,  p. 
991,  article  2635, 
Mischief,  malicious,  p.  554,  article  1394. 
Misdemeanors  (see  "Offences  "),  p.  537. 
Mississippi,  Terre-aux-Bceuf  &  Lake  Railroad,  p.  775,  articles 

2030-2033. 
Mississippi  Valley  Railroad — 

Right  of  way,  p.  768,  articles  2008-2029. 

Electric  signals,  p.  700,  article  1782. 

Wharf  privileges,  p.  1194.  articles  3229-3236. 
Molasses- 
Adulteration  of,  p.  388,  articles  834-838. 

Employment  of  persons  to  adulterate,  p.  389.  article  835. 


GENERAL   INDEX.  1295 

Molasses — Contimied. 

Selling  or  cause  to  be  sold,  p.  389.  article  83(>. 

Informer  to  receive  one-half  fine.  p.  389,  article  837. 

Landing,  p.  1193.  articles  3223-3224. 
Morgan's  Louisiana  &  Texas  Railroad  and  Steamship  Company — 

Right  of  way,  p.  731.  article  1907-1964. 
Morgue,  duties  of  keepers,  p.  509,  article  1261. 
Morris  Baths,  p.  534,  article  1290. 
Morris  Park,  p.  616.  article  1599. 
Mortgages.  Recorder  of.  p.  973. 
Motormen  (see  '"Drivers")^ 

See  ^'Railroads,"  p.  696,  articles  1768-1820. 

Approaching  West  End  trains,  p.  704,  articles  1804-1805. 
Move  On,  p.  1142.  article  3054. 
Moss,  A.  P.,  and  others- 
Franchise  for  Telephone  Company,  p.  1128.  articles  3015- 
3024. 
Music — 

In  barrooms,  p.  136,  article  243. 

Music  saloons,  p.  137,  article  247. 
McCaleb.  E.  Howard,  settlement  with,  p.  662,  articles  1734-1735. 
McDonogh  Estate  (see  "Almshouses,'"  etc.),  p.  85.  articles  59-71. 

Names  of  Streets,  pp.  1024,  1038,  articles  2704-2707,  2710-2734. 
Napoleon  Avenue- 
Board  of  Commissioners,  p.  617.  article  1600. 
Powers  of,  p.  617.  article  1601. 
National  Fire  Alarm  Company — 

Franchise  and  right  of  way,  p.  337,  article  707. 
To  transmit  alarms,  p.  338,  article  709. 
Nicholson,  Colin  J..  Fund.  p.  74. 
Neutral  Grounds — 
Canal  Street — 

Grade  of  railroads,  p.  529,  article  1271. 
Failure  to  establish  grade,  p.  529,  article  1272. 
Duty  of  City  Attorney,  p.  530,  article  1273. 
Creating  Board  of  Commissioners,  their  powers,  du- 
ties, etc.,  p.  600,  articles  1520-1521. 
Camp  Street — 

Providing  neutral  grounds,   p.  1038,  articles  2708-2709. 
Riding  on,  p.  1069,  articles  2835-2836. 
Carroll  ton  Avenue — 

Appointing  commissioners,  p.  601.  article  1522. 
Claiborne  Street,  pp.  528-530,  articles  1266-1279-1280. 

Providing  commissioners,  p.  602.  articles  1530,  1531. 
Cleveland  Park — 

Providing  for  control  of.  p.  601,  articles  1523-1529. 
Delord  street,  p.  531,  article  1281. 


1296  GENERAL   INDEX. 

Neutral  Grounds — Continued. 
Esplanade  Street — 

Appointing  commissioners,  p.  602,  articles  1532-1536.. 
South  Franklin  street,  p.  530,  article  1274. 

Providing  commissioners,  p.  609,  articles  1537-1538. 
Gentilly  Avenue — 

Providing  commissioners,  p.  604,  article  1539. 
Jamison  Park — 

Providing  commissioners,  p.  606,  articles  1546-1550. 
Jefferson  Park — 

Providing  commissioners,  p.  606,  articles  1551-1552. 
Louisiana  Avenue — 

Providing  commissioners,  p.  606,  articles  1553-1561. 
Napoleon  Avenue — 

Creating  Board  of  Commissioners,  p.  617,  articles  1600- 
1601. 
Orleans  Avenue — 

Creating  Board  of  Commissioners,  p.  618,  article  1605.. 
Parkerson  Place — 

Creating  Board  of  Commissioners,  p.  618,  articles  1606- 
1607. 
■St.  Charles  Avenue — 

Riding  or  driving  on,  p.  529,  articles  1267-1268. 

Watering  troughs,  p.  529,  articles  1269-1270. 

Creating  Board  of    Commissioners,  p.    618,    articles 
1608-1618. 
St,  Roche  Avenue — 

Providing  Board  of  Commissioners,  p.  609,  article  1562. 
Triton  Walk — 

Providing  Board  of  Commissioners,   p.   609,   articles 

1563-1564. 
Tulane  Avenue — 

Providing  for,  p.  531,  articles  1282-1283. 
Ursulines  Avenue,  p.  530,  articles  1275-1278. 

Appointing  commissioners,  p.  609,  articles  1565-1574. 
General  Ordinances — 

Hanging  out  clothes,  shaking  carpets,  etc.,  prohibited,, 
p.  563,  article  1437. 

Right  and  left  roadways,  p.  1065,  article  2815. 

Privileges,  p.  532. 
Newman  Park — 

Donation  accepted,  p.  617,  article  1602. 
Dedicated  to  park  purposes,  p.  617,  article  1603. 
Appointment  of  commissioners,  p.  617,  article  1604. 
New  Orleans — 

Constables"  fees  and  costs,  p.  299,  articles  666-679. 
Urban  portion  of  city,  p.  570,  article  1263. 
Book  of  sketches,  p.  511,  article  1264. 
To  pay  Council  fees  of  officers,  p.  571,  article  1455- 


GENERAL   INDEX.  1297 

New  Orleans — Continued. 
Acts  of  Louisiana- 
Act  No.  71  of  1852.  consolidating  city  of  New  Orleans, 

p.  512. 
Act  No.  72  of  1852,  consolidating  citj-  of  New  Orleans, 

p.  513. 
Act  No.  7  of  1870,  extending  limits,  p.  514. 
Act  No.  71  of  1874,  annexing  Carrollton,  p.  515. 
Decisions,  p.  518. 
New  Orleans  Auxiliary  Sanitary  Association — 
Right  to  lay  pipe,  p.  533,  article  1284. 
Use  of  certain  property  p.  533,  articles,  1285-1288. 
Term  of  use,  p.  533.  article  1286. 
Reversion,  p.  534,  article  1289. 
Morris  Baths,  p.  534,  articles  1290-1298. 
New  Orleans  Abattoir  Company — 

Permission  to  operate,  p.  992,  article  2640. 
Bond,  p.  992,  article  2641. 
Inspection,  p.  993,  article  2642. 
Construction,  p.  993,  article  2643. 
Bone  yards,  p.  993,  article  2644. 
Repealing  certain  ordinances,  p.  993,  article  2645, 
New  Orleans  &  Carrollton  Railroad  Company — 
Right  of  way,  p.  785,  articles  2068-2167. 
Extension  of  franchise  and  specifications,  p.  799,  articles 
2135-2167. 
New  Orleans  City  &  Lake  Railroad — 

Privileges  on  revetment  levee.  West  End,  p.  443.  article 

1021. 
Exclusive  use  of  levee,  p.  443,  article  1022. 
Conditions,  p.  443.  article  1023. 
Rights  inside  of  levee,  p.  444,  article  1024. 
To  keep  buildings  and  improvements  in  good  condition, 

p.  444,  article  1025. 
Reversion  to  city,  p.  445,  article  1025. 

Right  of  way  and  specitications,  p.  821,  articles  2180-2306. 
New  Orleans  City  Park  Improvement  Association,  p.  597.  arti- 
cles 1502-1509. 
New  Orleans  Elevator  and  Warehouse  Company — 
Wharf  privileges,  p.  1212,  articles  3280-3288. 
New  Orleans,  Fort  Jackson  &  Grand  Isle  Railroad — 

Right  of  way,  p.  775.  articles  2034-2040. 
New  Orleans  Gas  Light  Company  (see  "  Lights";,  p.  366.  article 

768. 
New  Orleans  &  Northeastern  Railroad- 
Right  of  way,  p.  759,  articles  1985-2007. 
Wharf  privileges,  p.  1209,  articles  3276-3279. 


1298  GENERAL   INDEX. 

New  Orleans  Pacitic  Railroad  Company — 

Right  of  way,  p.  751,  articles  1965-1984. 

Wharf  privileges,  p.  1208,  articles  3274-3275. 
Xew  Orleans  Sewerage  Company- 
Rights  and  privileges,  p.  1001.  articles  2671-2693. 
Xew  Orleans  &  Southern  Railroad  (formerly  Mississippi,  Terre- 
aux-Beuf  &  Lake  R.  R.)— 

Right  of  way,  p.  775,  articles  2030-2033. 
Xew  Orleans,  Spanish  Fort  &  Lake  Railroad- 
Right  of  way,  p.  906,  articles  2454-2460. 
Xew  Orleans  Telephone  Company — 

Right  of  way,  p.  1124,  articles  3000-3001. 
Xew  Orleans  &  Western  Railroad — 

Right  of  way,  p.  778,  articles  2041-2051. 
Xew  Orleans  Waterworks  Company- 
Franchise,  p.  1165,  article  3126. 

Pressure  of  water,  p.  1166,  article  3126. 

Cost  of  fire  plug  and  number,  p.  1166,  article  3126. 

Drought,  p.  1166,  article  3127, 

Decrease  or  increase  of  plugs,  p.  1166,  article  3127. 

Amount  to  be  budgeted,  p.  1167,  article  3128. 

Deductions,  p.  1167,  article  3128. 

Duty  of  Comptroller  and  Treasurer,  p.  1167,  article  3129. 

Inspection,  waste,  p.  1168,  article  3130. 

Xotarial  act,  p.  1168,  article  3131. 

Repealing  clause,  p.  1168,  article  3132. 

Police  regulations,  p.  1168,  articles  3133-3142. 

Vessels  in  front  of  pipes,  p.  1170,  articles  3143-3144. 

Vessels  in  front  of  cribs,  p.  1171,  articles  3145-3146. 

Suit  of  Ed.  Conery,  Jr.,  et  als. ;  instructions  to  City  Attor- 
ney, p.  1171,  articles  3147-3149. 

City  Surveyor  to  test  water  daily,  p.  1172,  article  3150. 

Resolution  of  Board  authorizing  issue  of  bonds,  p.  1172^ 
article  3152. 

Xot  to  exceed  $250,000,  p.  1174,  article  3154. 

Consent  of  counsel,  p.  1175,  article  3155. 

Mayor  authorized  to  act,  p.  1176,  article  3156. 

Cancellation  of  bonds,  p.  il76,  article  3156. 
Xigger  shooters,  unlawful  to  use,  p.  546,  article  1350. 
Xine  hours  labor,  p.  294,  article  653. 
Xoises — 

Factories,  p.  296,  article  664. 

Blowing  police  whistles,  p.  546,  article  1350. 

Drums,  horns,  etc.,  p.  547,  article  1355. 

Indecent  language,  p.  547,  article  1356. 

Disturbances,  p.  547,  article  1357. 

Charivaris,  p.  548,  article  1358. 

Drunk  and  disturbing  the  peace,  p.  548,  article  1360. 
Xormal  School,  statute,  p.  690, 


GENERAL   INDEX.  1299 

Notary — 

City,  relative  to  contracts,  p.  256,  article  536. 

City,  p.  537. 

Transferring  property  without  paying  taxes,  liable  to  prose- 
cution, p.  1103,  article  2931. 
Nuisances — (see  "Offences  ''),  p.  546,  article  1351. 

Unlawful  to  commit,  p.  548,  article  1362. 

Wharves,  p.  1163,  article  3123. 
Numbers,  house,  p.  422,  artixiles  936-957. 

Obscene  literature,  p.  551.  articles  1378-1380. 
Obstructions — 

On  levees,  p.  439,  articles  1003-1009. 

Cars  on  street  crossings,  p.  699,  article  1775. 

On  car  tracks,  p.  702,  articles  1790-1791. 

Streets  by  I.  C.  R.  R.,  p.  709,  article  1829. 

Carnival  processions,  p.  1158,  article  3101. 

On  sidewalks,  p.  1058,  articles  2794-2796. 

By  builders,  p.  1060,  articles  2797-2800. 
Odorless  apparatus,  p.  658,  article  1711. 

For  vidangeurs,  p.  1160,  articles  3108-3109. 
Oestarly,  Simon,  slaughterhouse,  p.  996,  article  2650. 
Offal— 

From  boarding  houses  and  hotels,  p.  420,  articles  933-935. 

Occupants  of  stalls  and  stands  in  markets,  p.  479,  article 
1184. 

Vehicles  to  remove  from   their  stands,   p.   1155,  articles 
3088-3089. 
Offences — 

Disorderly  acts  in  places  of  amusement,  p.  90,  article  82. 

Weapons,  p.  91,  articles  89-91. 

Burial  in  city  limits,  p.  198,  articles  388-389. 

Dauiaging  tombs,  p.  198,  articles  390-391. 

Improper  conduct  in  cemeteries,  p.  199,  article  392. 

Drivers  using  violent  and  insulting  language,  p.  274,  article 
601. 

Mixing  garbage,  p.  372,  article  772. 

Removal  of,  p.  372,  article  773. 

Hours  for  removal,  p.  373,  article  776. 

Unlawful  for  others  to  remove,  p.  375,  article  783. 

Disturbing  garbage  cans.  p.  378,  articles  799-800. 

Committing  nuisance,  p.  392,  articles  854-859. 

Resisting  officers  of  Board  of  Health,  p.  393,  articles  858- 
859. 

Driving  on  Melpomene  C.  and  C.  culvert,  p.  504,   article 
1253. 

Riding  on  Melpomene   C.   and  C.  culvert,  p.  505,  article 
1255. 

Riding  or  driving  on  C.  and  C.  culvert,  p.  505,  article  1256. 


1300  GENERAL   INDEX. 

Offences — Continued. 
Animals- 
Exercising  horses  and  cattle  in  certain  streets,  p.  537, 

article  1299. 
Washing  horses  on  pavement,  p.  537,  article  1300. 
Penalty,  p.  537,  article  1301. 
Hitching  horses,  p.  537,  article  1302. 
Xotice  of  violation  of  ordinance  to  be  served,  p.  537, 

article  1302. 
Penaltj'  for  continued  violation,  p.  538,  article  1302. 
Driving  loose   horses   through   streets,  p.  538,  article 

1303. 
Penalty,  p.  538,  article  1304. 

Driving  cattle  through  streets,  p.  538,  article  1305. 
Separate  offences,  and  penalty,  p.  538,  article  1306. 
Driving  horses,   etc.,   through  streets,  p.  539,  article 

1308. 
In  charge  of  competent  keeper,  p.  539,  article  1309. 
Prohibited  streets,  p.  539,  article  1309. 
Penalty,  p.  539,  article  1310. 
Mules,    horses,    etc.,    not    to   rove  on  banquettes  or 

streets,  p.  539,  article  1312. 
Crueltj-  to  animals,  p.  5.39,  article  1313. 
Duty  of  police,  p.  540,  article  1314. 
Vehicles — 

Unlawful  to  stand  on  revetment  at  West  End,  p.  540, 

article  1315. 
Penalty,  p.  540,  article  1316. 
Gongs  attached  to  vehicles,  p.  540,  article  1317. 
Penalty,  p.  540,  article  1318. 
Illegal  use  of  license  plates,  p.  541,  article  1319. 
To  be  impounded,  p.  541,  article  1320. 
Penalty,  p.  541,  article  1321. 
Obstructing  street  cars,  p.  541,  article  1322. 
Penalty,  p.  541,  article  1323. 
Duty  of  police  ofiicers,  p.  541,  article  1323. 
Drivers  using  violent  and  insulting  language,  p.  541, 

article  1324. 
Penalty,  p.  541,  article  1325. 

Parents  responsible  for  minors,  p.  542.  article  1326. 
Crossings — 

Full  stop  at  intersections,  p.  542,  article  1327. 
Penalty,  p.  542,  article  1328. 

Full  stop  crossing  other  track,  p.  542,  article  1329. 
Explosives  on  car  tracks,  p.  542,  article  1330. 
Penalty,  p.  542,  article  1331. 
Fish,  etc. — 

Unlawful  to  tish  during  spawning  season,  p.  543,  arti- 
cle 1332. 


GENERAL  INDEX.  1301 

Offences — Continued. 

Penalty,  p.  543,  article  1333. 

Unlawful  to  haul  seine,  net,  etc.,   in  any   lagoon    or 
bayou,  p.  543,  article  1334. 

Eepealing  clause,  p.  543,  article  1335. 
Street  Signs- 
Defacing  or  injuring,  p.  543,  article  1336. 

Unlawful  to  remove  stake  or  other  marks  of  City  Sur- 
veyor, p.  544,  article  1337. 

Penalty,  p.  544,  article  1338. 
Sand- 
Unlawful  to  remove,  p.  544,  article  1339. 

Penalty,  p.  544,  article  1340. 
Firearms — 

Concealed  weapons,  p.  544,  article  1341. 

Sale  to  minors  unlawful,  p.  545.  article  1342. 

Penalty,  p.  545,  article  1343. 

Discharging  in  city  limits,  p.  545,  article  1344. 

Limits,  p.  545,  article  1344. 

Limits  Fifth  District,  p.  545,  article  1345. 

Penalty,  p.  546,  article  1346. 

Repealing  clause,  p.  546,  article  1347. 
Gimlet  Knives,  sale  of,  p.  546,  articles  1348,  1349. 
Nigger  Shooters,  sale  of,  p.  5i6.  article  1350. 
Noises,  Nuisances,  etc. — 

Unlawful  blowing  of  police  whistles,  p.  .546,  article 
1351. 

Penalty,  p.  547,  article  1352. 

Oysters,  p.  547,  article  1353. 

Carrying  away  earth,  p.  547.  article  1354. 

Drums,  horns,  etc.,  p.  547,  article  1355. 

Indecent  language,  p.  547,  article  13.56. 

Disturbances,  p.  547,  article  1357. 

Charivaris,  p.  548,  article  1358. 

Throwing  flour,  p.  548,  article  1359. 

Intoxication,  or  disturbance  of  peace,  p.  .548,  article 
1360. 

Penalty,  p.  548,  article  1361. 

Committing  nuisance,  p.  548,  article  1362. 
Protection  of  Police — 

Cursing  the  police,  p.  548,  article  1JG3. 

Rescuing    or    attempting  to   rescue   prisoner,  p.  .548, 
article  1364. 

Inciting  resistance  to  officer,  p.  549,  article  1365. 

Obstructing  or  interfering  with  officer,  p.  549,  article 
1366. 

Unlawful  to  wear  police  uniform,  p.  549,  article  1367. 

Penalty,  p.  .549,  article  1368. 


1302  GENERAL  INDEX. 

•Offences— Consumed. 

Other  ordinances  repealed,  p.  549,  article  1369. 

Damaging  or  destroying  police  uniform,  p.  549,  article 
1370. 
Organ  Grinders — 

Hours,  p.  550,  article  1371. 

Penalty,  p.  550,  article  1372. 
Indecent  exposure  of  person,  p.  550,  article  1373. 

Penalty,  p.  550,  article  1375. 

While  bathing,  p.  551,  article  1376. 

Penalty,  p.  551,  article  1377. 
Obscene  Literature — 

Exposure,  circulation,  etc.,  p.  551,  article  1378. 

Penalty,  p.  551,  article  1379. 

Repealing  clause,  p.  551,  article  1380. 

Public  property,  p.  552,  article  1381. 
Slops — 

House,  hotel  or  boarding  house,  p.  552,  article  1382. 

Unlawful  to  throw  in  street,  p.  552,  article  1383. 

Penalty,  p.  552,  article  1384. 

Burning  brush,  p.  552,  article  1385. 

Penalty,  p.  552,  article  1386. 
Lotteries,  tickets,  sale  of  unlawful,  p.  553,  article  1387. 
Whistles,  Steam — 

Blowing  of  on  certain  streets  prohibited,  p.  553,  article 
1389. 

Penalty,  p.  553,  article  1390. 

Blowing  of,  unlawful  between  certain   hours,  p.  554, 
article  1392. 
Trespass  on  another's  land,  p.  554,  article  1393. 
Malicious  Mischief — 

Injuring,  breaking  property,  public  or  private,  p  554, 
article  1396. 
Vacant  Houses — 

To  keep  doors  and  entrances  closed,  p.  555,  article  1396. 

Duty  of  police,  p.  555,  article  1397. 

Failure  to  comply  with  notice,  p.  555,  article  1398. 
:8moke  consumers,  p.  555,  article  1399. 

Penalty,  p.  555,  article  1400. 
Excavating  Streets — 

Unlawful  to  tear  up  more  than  three  blocks  of  street, 
p.  556,  article  1401. 

Penalty,  p.  556,  article  1402. 

Digging  streets  without  permission,  p.  556,  article  1403. 

Every  day  a  separate  offence,  p.  556,  article  1404. 
Advertisements — 

Posting,  painting,  etc.,  p.  557,  article  1405. 

Penalty,  p  557,  article  1406, 


GENERAL   INDEX.  1303 

Offences —  Continued. 

Repealing  Ordinance  Xo.   4923,  C.  S.,  p.   557,  article 
1407. 

Permission  of  Major,  p.  557,  article  1408. 

Penalty,  p.  657,  article  1409. 

Repealing  Ordinance  No.  91,  N.  S.,  p.  557,  article  1410. 

Throwing  offensive  matter  in  yards,  etc.,  p.  1163,  article 
3124. 
Gambling — 

On  streets,  p.  5.58,  article  1411. 

Penalty,  p.  558,  article  1412. 
Swinging  Signs — 

Unlawful  to  erect  signs  or  advertising  boards,  p.  558, 
article  1413. 

Unlawful   to   maintain   hanging  signs,  p.  558,  article 
1414. 

Penalty,  p.  559,  article  1415. 
Smoking — 

On  wharves,  p.  559,  article  1416. 

On  holds  or  decks  of  vessels,  p.  559,  article  1417. 

Sign  boards  to  be  posted,  p.  559,  article  1418. 

Cotton  presses  and  railroad  platforms,  p.  560,  article 
1419. 

Penalty,  p.  560,  article  1420. 

Jurisdiction  of  Recorders,  p.  560,  article  1421. 

Repealing  clause,  p.  560,  article  1422. 

On  cabins  of  ferryboats,  p.  560,  article  1423. 

Penalty,  p.  560,  article  1424. 

On  cars,  p.  561,  article  1425. 

One-half  fine  to.  informer,  p.  561,  article  1426. 

Repealing  clause,  p.  561,  article  1427. 
Peddlers — 

Ringing  door  bells  prohibited,  p.  561,  article  1428. 

Duty  of  Chief  of  Police,  p.  561,  article  1429. 

Repealing  clause,  p.  561,  article  1430. 

Repealing  certain  ordinances,  p.  562.  article  1431. 
Defacing  Poles — 

Posters,  etc.;  penalty,  p.  562,  article  1432. 
Rice  Chaff,  Manure — 

Removal  through  streets,  p.  562,  article  1433. 
Lamps  and  posts,  defacing,  p.  562,  article  1434. 
Tombolas — 

Prohibited  in  vicinity  of  markets,  p.  563,  article  1435. 

Penalty,  p.  563,  article  1436. 
Shaking    carpets,   hanging    clothes,    etc.,    prohibited,  p. 

563,  article  1437. 
Sales  of  groceries  in  streets,  p.  553.  article  1438. 


1304  GENERAL  INDEX. 

Offences — Continued. 
Red  Lights — 

To  exhibit  where   repairs  are  being  made,   p.   563, 
article  1439. 
Electric  Towers — 

Climbing,  defacing  or  iiguring,  p.  564,  article  1440. 

Penalty,  p.  564,  article  1441. 
Parks,  Squares,  etc. — 

Cutting,  hacking,  etc.,  property,  p.  564,  article  1442. 

Tramps,  vagrants,  etc.,  p.  564,  article  1443. 

Public  meetings,  p.  565,  article  1444. 

Artillery  prohibited,  p.  565,  article  1445. 
'     Vehicles,  bootblacks,  etc.,  p.  565,  article  1446. 

Penalty,  p.  565,  article  1447. 

Molesting  plants  or  other  articles,  p.  565,  article  1448. 

Commissioner  of  Police  and  Public  Buildings  to  post 
signs,  p.  566,  article  1449. 
Banana  and  Orange  Peelings — 

Fruit  peelings,  p.  566,  article  1450. 

Penalty,  p.  536,  article  1451. 

Police  to  arrest  for  violations,  p.  5;i8,  article  1452. 
Grass — 

On  sidewalks  or  gutters,  p.  566,  article  1453. 

Penalty,  p.  566,  article  1454. 

Obstructing  and  interfering  with   sewerage,  p.  1008, 
article  2686. 

Decisions  of  Supreme  Court,  p.  567. 
Official  Journal — 

To  contract  with  lowest  bidder,  p.  572,  article  1461. 
Publication  of  bid,  p.  573,  article  1462. 
Publications  in  official  journal  only,  p.  573,  article  1465. 
Approval  of  finance  committee,  p.  573,  article  1464. 
Advertisements  after  the  hour.  p.  573,  article  1465. 
Prescription,  statute,  p.  647. 
Officers  and  Employees — 

Extortion  in  office  defined,  statute,  p.  569. 

Deadheads  unlawful,  statute,  p.  569. 

Punishment,  statute,  p.  570. 

Contracts  to  be  let  to  lowest  bidder,  p.  570. 

Estimates  by  heads  of  departments,  p.  570. 

Personal  attendance  to  duties,  p.  571. 

Counsel  fees  of  officers  to  be  paid  by  city,  p.  571,  article 

1455. 
To  visit  public  institutions,  p.  571,  article  1456. 
Contracts  over  $500  without  authority,  p.  571,   article  1457. 
Bonds  to  be  completed  before  issue  of  warrants,  p.  571, 

article  1458. 
Bonds  to  be  furnished  within  two  weeks,  p.  571 ,  article  1459. 
Condition  of  bonds,  p.  572,  article  1460. 


GENERAL  INDEX.  1305 

One-twellth  rule,  p.  110,  article  170. 
Opening  streets,  p.  1052,  articles  2766-2772. 
Opium — 

Sale  of,  p.  576,  articles  1476-1477. 

Joints,  p.  577,  article  1478. 
Orange  peelings,  thrown  on  sidewalks,  p.  566,  articles  1450-1452. 
Ordinances — 

Copies  of  ordinances  to  be  sent  the  Mayor,  p.  503,  article 
1246. 

Compilation  of,  p.  573,  article  1466. 

Passage  of,  p.  574,  article  1467. 

Must  receive  vote  of  a  majority  of  the  members  of  Council 
and  ayes  and  nays  called,  p.  574,  article  1468. 

Approval  of,  p.  574,  article  1469. 

Publication  of,  p.  574,  article  1470. 

Private  ordinances,  parties  interested  to  pay  cost  of  print- 
ing, p.  575,  article  1471. 

Xame,  p.  575,  article  1472. 

Cost  of  publication,  p.  575,  article  1473. 

Ordinances  amending  or  repealing,  must  contain  subject 
matter  of  ordinance  amended  or  repealed,  p.  575,  article 
1475. 

Decisions,  p.  576. 
Organ  Grinders,  p.  .550.  articles  1371-1372. 
Organization — 

Of  Hre  Department,  statute,  p.  340. 

Of  different  departments,  p.  577,  articles  1479-1481, 
Orleans  Lev^e  Board,  statute — 

Creating  Orleans  Levee  District,  p.  432. 

Board  of  Commissioners  and  their  appointment,  p.  432, 

Domicile  of  board,  p.  432.  ' 

Meetings,  p.  432. 

Powers  and  duties  of  officers,  p.  433, 

Removal  of  members  of  board,  p.  433. 

Taxes,  p.  433. 

Funds  deposited  with  State  Treasurer,  p.  433. 

Approval  of  State  Board  of  Engineers,  p.  434. 

Special  officers,  p.  434. 

Emergency  cases,  p.  434. 

City  Surveyor  to  be  Chief  Engineer,  p.  434. 

Expropriation  of  lands,  p.  434. 

Act  amending  powers  and  duties  of  board,  p.  435. 
Orleans  avenue — 

Appointment  of  Board  of  Commissioners,  p.  618,  article 
1605. 
Orleans  Railroad  Company — 

Right  of  way.  p.  893.  articles  2394-2409. 

Extension  of  franchise,  p.  898,  articles  2410-24.53. 


1306  GENERAL   INDEX. 

Orlopp,  M.  A.  Jr. — 

Acceptance  of  bid,  p.  262,  articles  558-559. 
Orphans  (^see  "Alrasliouses,"  etc.),  p.  67,  articles  1-78. 

Repealing  certain  ordinances,  p.  583,  article  1482. 
Ovens  and  Icilns,  p.  583. 

Overloading  animals,  penalty  for,  p.  1150,  article  3068. 
Oysters — 

Sale  in  markets  prohibited,  p.  478,  article  1178. 

Piling  on  sidewalks  prohibited,  p.  547,  article  1353 

Parish  Prison,  p.  650— 

Construction,  p.  258,  article  547. 
Parks,  Squares  and  Neutral  Grounds — 

Shaking  carpets  in,  prohibited,  p.  563,  article  1437. 

Cutting,  hacking,  etc..  property  in,  p.  564,  article  1442. 

Tramps,  vagrants,  etc..  p.  564,  article  1443. 

Public  meetings  prohibited  in,  p.  565,  article  1444. 

Artillery  prohibited  in.  p.  565,  article  1445. 

Vehicles,  bootblacks,  etc.,  p.  565,  article  1446. 

Molesting  plants  or  other  articles,  p.  565,  article  1448. 

■Commissioner  of  Police  and  Public  Buildings  to  post  signs, 
p.  566,  article  1449. 

Act  84  of  1870.  E.  S.,  establishing  public  park,  p.  585. 

Act  87  of  1877,  E.  S.,  abolishing  Board  of  Park  Commis- 
sioners, p.  588. 

Administrator  of  Police,  control  of.  p.  589.  article  1483. 

Audubon  Park — 

Board  of  Commissioners,  their  powers,  duties,  etc.,  p. 

589,  articles  1486-1499. 
Sugar  Experimental  Station,  p.  594,  articles  1500-1501. 

Lower  City  Park — 

Government,     management,     directors,    etc..    p.   597, 
articles  1502-1509. 

Annunciation  Park,  p.  598,  article  1510. 

Beauregard  Square,  p.  598,  articles  1511-1519. 

Canal  street  neutral  ground,  p.  600,  articles  1520-1521. 

Carrollton  avenue  neutral  ground,  p.  601,  article  1522. 

Cleveland  Park,  p.  601,  articles  1523-1529. 

Claiborne  street  neutral  ground,  p.  602,  articles  1530-1531. 

Esplanade  street  neutral  ground,  p.  602,  articles  1532-1536. 

South  Franklin  street  neutral  ground,  p.  603,  articles  1537- 
1538. 

Gentilly  avenue  neutral  ground,  p.  604,  article  1539. 

Jackson  Square,  p.  604,  articles  1540-1545. 

Jamison  Park,  p.  606,  articles  1546-1550. 

Jefferson  Park,  p.  606,  articles  1551-1552. 

Louisiana  avenue  neutral  ground,  p.  606,  articles  1553-1561. 

St.  Roche  avenue  neutral  ground,  p.  609,  article  1562. 


GENERAL   INDEX.  1307 

Parks,  Squares  and  Neutral  Grounds — Continued. 

Triton  Walk  neutral  ground,  p.  609,  articles  1563-1664. 

Ursulines  avenue  neutral  ground,  p.  609,  articles  1565-1574. 

Lee  Place,  p.  611,  articles  1575-1577. 

Liberty  Place,  p.  612,  articles  1578-1580. 

Macarthy  Square,  p.  613,  article  1581. 

Margaret  Place,  p.  613,  articles  1582-1593. 
•  Metairie  Park,  p.  615,  articles  1594-1598. 

Morris  Park.  p.  616,  article  1599. 

Napoleon  avenue,  p.  617,  articles  1600-1601. 

Newman  Park,  p.  617,  articles  1602-1604. 

•Orleans  avenue  neutral  ground,  p.  618,  article  1605. 

Parkerson  Place,  p.  618,  articles  1606-1607. 

St.  Charles  avenue,  p.  618,  articles  1608-1618. 

Sugar  Exchange  Park,  p.  621.  articles  1619-1621. 

Tulane  Park,  p.  622,  articles  1622-1627. 

Coliseum  Square,  p.  623,  article  1628. 

Washington  Square,  p.  623,  article  1628. 

Lafayette  Square,  p.  624,  articles  1629-1630. 

St.  Bernard  Square,  p.  624,  article  1631. 

Decisions,  p.  624. 

Parkerson  Place — 

Dedication,  p.  678,  article  1606. 

Appointment  of  commissioners,  p.  678,  article  1607. 
Passage  ways  (see  "  Buildings '")  p.  179,  article  337. 
Paupers  (see  ••  Vagrants  "). 

Each  parish  to  support  its  own.  p.  624. 
Pavements — 

Streets,  p.  1055,  articles  2778-2793. 

Sidewalks,  p.  1075,  article  2860-2864. 

Contracts  to  begin  when,  p.  253,  article  521. 
Peddling — 

Fish,  crabs  or  shrimp,  unlawful,  p.  394,  articles  869-870. 

Prohibited  in  markets,  p.  479,  article  1182. 

Ringing  doorbells  prohibited,  p.  561,  article  1428. 

Unlawful  from  cars  or  at  depots,  p.  699,  article  1777. 

Unlawful  from  platforms,  etc.,  of  railroads,  p.  699,  articles 
1778-1779. 
Peelings,  fruit,  throwing  on  sidewalks,  p.  566,  article  1450. 
People's  Slaughterhouse  and  Refrigerating  Company — 

Franchises  and  privileges,  p.  994.  articles  2646-2649. 
Persons- 
Idle  (see  "Vagrants"),  p.  1142. 
Insane,  p.  74. 

Care  and  treatment  of  insane,  p.  426,  articles  964-965. 
Personal  attendance  at  office,  p.  571. 
Petroleum,  p.  238,  articles  471-478. 


1308  GENERAL  INDEX. 

Pettit,  Geo.  S.,  lease  Sixth  and  Seventh  District  wharves,  p.  1233, 
article  3344. 

Transfer  to  Jas.  Sweeney,  p.  1233,  article  3345. 
Physician  (see  "Medicine") — 

In  case  of  death,  duty  of,  p.  201 ,  articles  405-406. 

To  report  contagious  diseases,  p.  399.  article  891. 

Regulating  practice,  p.  506. 
Physician,  City,  p.  696. 

Pickeries,  cotton,  erection  of.  p.  625.  article  1632. 
Pigeons,  p.  107,  articles  166-167. 
Pilings,  street,  p.  373.  article  775. 

Street,  p.  1066,  articles  2821-2822. 
Pilots,  p.  625. 

Pipes,  stand,  in  case  of  fire.  p.  350.  article  731. 
Pipes  and  connections,  privileges,  p.  626. 
Pitch,  p.  244,  article  501. 

Plants,  unlawful  to  molest,  p.  565,  article  1448. 
Poisons- 
Sale  of,  pp.  385-631,  articles  820-1633. 

Patent  medicine,  p.  631.  article  1634. 

Record  of  sales,  p.  631,  article  1635. 

Penalty,  p.  631,  article  1636. 
Poles — 

Electric  light,  p.  407,  articles  1128-1135. 

Defacing  with  posters,  etc.,  p.  562.  article  1432. 

To   be   removed  from  Jamison  Park,  p.  606.  articles  1549- 
1550. 

Foot  cleats,  p.  632,  articles  1637-1639. 

Permission  of  Council,  p.  632,  article  1640. 

Erection  of  electric  light,  p.  632.  articles  1643-1648. 

Erection  of  telephone,  p.  634,  articles  1649-1657. 

Erection  of  telegraph,  p.  636,  articles  1658-1  «65. 
Police— 

At  theatres  and  public  exhibitions,  p.  90,  article  85. 

At  theatres   and  public  exhibitions,  their  number,  p.  92 
articles  94-95. 

Right  to  enter,  p.  92,  article  96. 

Enforcing  ordinance,  p.  92,  article  92. 

Balls,  p.  94,  article  102. 

Theatres,  diagrams,  p.  97,  article  112. 

Dog  wagon,  p.  99,  article  125. 

Goats,  p.  102,  article  139. 

Cattle  driven  in  certain  limits,  p.  103.  article  148. 

Society  for  Prevention  of  Cruelty  to  Animals,  p.  109. 

Awning,  sheds,  etc.,  obstructing  lights,  p.  128,  article  209. 

Saloons,  p.  136,  articles  243-244. 

Sale  of  liquor  to  minors,  p.  138,  article  253. 

Bonds  of,  executed  before  whom,  p.  156,  article  265. 


GENERAL   INDEX.  1309 

Police — Continued. 

Court  officers,  p.  257.  articles  543-546. 

Headqaarters,  construction,  p.  258,  article  547. 

Duty  during  flres.  p.  348.  article  723. 

Buildings  in  fire  limits,  p.  354,  article  746. 

Lewd  women,  regulate,  p.  457.  articles  1074-1095. 

Licenses,  duty  of,  p.  465,  article  1114. 

To  report  business  firms  when  ordered,  p.  504,  article  1252. 

Whistles,  unlawful  to  blow,  p.  546,  article  1351. 

Cursing  police,  p.  548,  article  1363. 

Rescuing  or  attempting  to  rescue  prisoners  from,  p.  548, 

article  1364. 
Inciting  resistance  to,  p.  549,  article  1365. 
Obstructing  or  interfering  with.  p.  549,  article  3366. 
Unlawful  to  wear  uniforms,  p.  549.  article  1367. 
Damaging  or  destroying  uniform,  p.  549,  article  1370. 
Throwing  fruit  peelings  on  walks,  p.  566,  article  1452. 
^,        To  assist  pound  keepers,  p.  668,  article  1750. 
For  Recorders'  Courts,  p.  970, 
Second-hand  stores,  p.  990,  articles  2632-2638. 
To  repoit  obstructions  by  builders,  p.  1062.  article  2800. 
To  report  violations  of  sidewalk  ordinances,   p.   1073.   ar- 
ticle 2851. 
To  arrest  vagrants  and  idle  persons,  p.  1139,  articles  3048- 

3055. 
"Move  on'*  Ordinance,  p.  1142,  article  3054. 
To  arrest  vehicle  without  light,  p.  1148,  article  3064. 
To  strictly  enforce  ordinance  on  vehicles,  p.  1154,  article 

3086. 
Interference  with  plug  of  Waterworks  Company,   p.  1168, 

articles  3133-3142. 
Police  Board — 

Creating  Board  of  Commissioners,  p.  638. 

Election,  term  of  office,  vacancies,  p.  638. 

Qualifications  of  members,  p.  638. 

Meetings  of  Board,  p.  638. 

Mayor  to  preside,  p.  638. 

To  elect  president  pro  tern.,  p.  638. 

Oath  of  office,  p.  638. 

Organization,  p.  639. 

Powers  and  duties  of,  p.  639, 

Officers  and  members  of  force  to  hold  office  during  good 

behavior,  p.  639. 
<iualiflcations  and   requirements    of    members    of    police 

force,  p.  639. 
Commissioners  prohibited  from  holding  other  office,  p.  640. 
Vacancies  on  police  force,  p.  640. 
Mayor,  commander  in  chief,  p.  640. 


1310  GENERAL  INDEX. 

Police  Board — Continued. 

Bonds  of  officers,  p.  640, 

Trial  and  punishment  of  members  of  police  force,  p.  640,. 

Resignation  or  aosence  without  leave,  p.  640. 

Power  to  compel  attendance  of  witnesses,  p,  641, 

Authorized  to  administer  oaths,  p.  641. 

Police  Board,  powers  and  duties,  p.  641. 

Duties  of  police  force,  p.  641. 

Power  to  arrest  without  warrant,  p.  642. 

Superintendent  of  Police,  p.  642. 

City  Attorney,  p.  642. 

Members  of  force  prohibited  from  doing   certain  things, 
p.  642. 

Rewards,  presents  or  testimonials,  p.  643. 

Police  pension  fund,  p.  643. 

Annuities,  p.  643. 

Provisions  for  police  jails,  p.  644,  article  1666. 

Private  watchmen,  p.  644,  article  1667.  , 

Boylan's  Detective  Agency,  p.  644,  articles  1669-1675. 

Decisions,  p.  646. 
Police  courts  (see  "  Recorders  '*).  p.  969,  articles  2614-2622. 
Police  jails,'p.  648,  articles  1678-1695. 
Police  patrol  system,  p.  646,  articles  1676-1677. 
Police  powers.  Fire  Department,  p.  344. 

Police  and  Public  Buildings,  Commissioner  of,  p.  244,  article  503. 
Pontchartrain  Railroad  Company — 

Right  of  way,  p.  781,  articles  2052-2067. 
Porter,  City  Hall,  p.  665,  article  1739. 
Port  Wardens  (see  "  Masters  and  Wardens  "),  p.  499. 
Postal  Telegraph  Company — 

Right  of  way,  p.  1122,  articles  2997-2999. 
Posts,  lamps,  etc.,  defacing,  p.  562,  article  1434. 
Posters,  defacing  poles,  etc.,  p.  562,  article  1432. 
Posting  advertisements,  etc.,  p.  557,  articles  1405-1410. 
Pounds — 

Impounding  dogs,  p.  99,  article  123. 

Keeper  of,  p.  99,  article  124. 

Duties  of  keeper,  p.  99.  article  126. 

Other  duties,  p.  100,  articles  127-134. 

Unlawful  for  animals  to  roam  at  large,  p.  665,  article  1740. 

Shall  not  apply  when,  p.  665,  article  1741. 

Limits,  p.  666,  article  1742. 

Penalty,  p.  666.  article  1743. 

Damage  to  streets,  p.  666,  article  1744. 

Duty  of  commissioners,  p.  666,  article  1745. 

Unlawful  roving  defined,  p.  667.  article  1746. 

Commissioner  of  Police  and  Public  Buildings  to  establish 
pounds,  p.  667,  article  1747. 


GENERAL   INDEX.  1311 

Pounds — Continued. 

Disposal  of  impounded  animals  and  vehicles,  p.  667,  arti- 
cle 1748. 
Fees,  p.  667,  article  1749. 
Duty  of  police,  p.  668,  article  1750. 
Releases,  p.  668,  article  1751. 
Keepers,  p.  668,  article  1752. 
Duty  of  keepers,  p.  669,  article  1753. 
Minors,  p.  669,  article  1754. 
Penalty  for  rescuing,  p.  669,  article  1755. 
Moneys  collected,  p.  669,  article  1756. 
Salaries  of  keepers,  p.  670,  article  1757. 
Repealing  clause,  p.  670,  article  1758. 
Vehicles  without  license  plate,  p.  670,  article  1759. 
Fines,  p.  670,  article  1760. 
Releases,  p.  670,  article  1761. 
Repealing  clause,  p.  670,  article  1762. 
Powder  and  powder  magazines,  p.  241,  articles  491-498. 
Prat,  Jean,  lease  of  lot  No.  19,  West  End,  p.  451,  articles  1054- 

1056. 
Precincts,  boundaries,  p.  158,  articles  275-291. 
Premium  Bonds  (see  "City  Debt),"  p.  210. 
Prescription,  statute — 

In  favor  of  city  of  New  Orleans,  p.  647. 
Of  certain  offences,  p.  647. 
Presses,  cotton,  p.  257.  article  542. 
Prisons  and  Jails — 

Provisions  for  police  jails,  p.  644.  article  1666. 
Workhouse  to  be  used  as  police  jail,  p.  648.  article  1678. 
Under  charge  Commissioner  Police  a)id  Public  Buildings 

p.  648,  article  1679. 
Place  of  confinement,  p.  648.  article  1680. 
Prisoners  to  be  employed,  p.  648,  article  1681. 
For  violation  of  city  ordinances,  p.  649,  article  1682. 
Recorders  authorized  to  commit  to,  p.  649,  article  1683. 
Manual  labor,  p.  649,  article  1684. 
Deductions  of  days  for  work,  p.  649,  article  1685. 
Double  rations  and  tonics,  p.  649,  article  1686. 
Feeding  prisoners,  p.  6.50,  article  1687. 
Matrons  of  police  stations,  p.  650,  article  1688. 
Parish  Prison,  statute — 

Sheriff  keeper  of  jail,  p.  650. 
Regulation  of.  p.  650. 
Physician  to  be  appointed,  p.  650. 
Provisions  to  be  furnished,  p.  650. 
Clothing  to  be  furnished,  p.  650. 
•     Compensation  for  keeping  prisoners,  p.  651. 

Prisoners  may  be  transferred  to  another  jail,  p.  650. 


1312  GENERAL   INDEX. 

Prisons  and  Jails — Continued. 

Compensation  for  removing  prisoners,  p.  650. 
United  Siates  prisoners,  p.  651. 
Compensation  for  keeping  them,  p.  651. 
Allowance  for  debtors  confined,  p.  652. 
Mileage  for  conveying  prisoners,  p.  652. 
Sheriffs  account  to  be  made  out.  p.  652. 
Grand  jury  required  to  inspect  prisoners,  p.  652. 
Prisoners  willing  to  work,  p.  652.  article  1689. 
Keepers  for  prisoners  working,  p.  652,  article  1690. 
Deputy  Sheriffs  or  keepers  under  control  of  Commis- 
sioner of  Public  Works,  p.  653,  article  1691. 
Payment  of  expenses,  p.  653.  article  1692. 
Repairing  levees,  p.  653,  article  1693. 
Duty  of  City  Surveyor,  p,  653,  article  1694. 
Appropriations,  p.  653,  article  1695. 
Act  121  of  1888,  authorizing  Criminal  Sheriffs  to  work 

prisoners,  p.  653. 
Conveyance  of  prisoners,  different  sexes,  p.  654.  article 

1696. 
Persons  not   known  to  be    criminals,  p.   654,     article 

1697. 
Space  allowed  in  vehicles,  p.  654,  article  1698. 
Of  responsibility  of  officers,  p.  655,  article  1699. 
Ordinance  to  be  posted  in  prisoners'  vans,  p.  655,  article 
1700.     • 
Prisoners,  (see  "■  Prisoners  and  Jails"),  p.  644. 

Burial  of,  p.  199.  article  396. 
Private  drains,  p.  1078.  articles  2875-2876. 
Printing — 

Contracts,  p.  254.  article  533. 

Public,  to  be  let  out  by  contract,  p.  572,  article  1461. 
Private  Ordinances,  cost  of  printing,  p.  575,  article  1471. 
Private  markets,  p.  493,  articles  1240-1245. 
Private  watchman,  p.  644,  article  1667. 
Privileges — 

Applicants  to  deposit  cost  of  publication,  p.  659,   article 

1716. 
Barrooms   applications  requirements,  p.  659,  article  1717. 
Duty  of  clerks  of  committees,  p.  659,  article  1718. 
Applicants  must  have  paid  all  taxes  and  licenses,  p.  659, 

article  1719. 
Failure  to  comply  with  terms  of  previous  grants,   p.  659, 
article  1720. 
Privies — 

Construction,  p.  655,  article  1701. 
Penalty,  p.  655,  article  1702. 
Defective  vaults,  p.  656,  article  1703 


GENERAL   INDEX.  1313 

Privies — Continued. 

When  to  be  emptied,  p.  656,  article  1704. 

Receiving  tanks,  p.  656,  article  1705. 

Must  be  cleaned  within  six  months,  p.  657,  article  1705. 

Ordinance  No.  4077,  A.  S.,  to  remain  in  force,  p.  657,  article 
1706. 

Vats  for  urine  or  overflow,  p.  657,  article  1707. 

Manholes,  p.  657,  article  1708. 

Penalty,  p.  657,  article  1709. 

Hours  for  emptying,  p.  658,  article  1710. 

Odorless  apparatus,  p.  658,  article  1711. 

Penalties,  p.  658,  articles  1712-1713. 

Disinfection,  p.  658,  article  1714. 

Re-inspection,  p.  658,  article  1715. 

Unlawful  to  build  when,  p.  1008,  article  2686. 

Act  regulating  cleansing  of.  p.  1164. 
Prize  fighting  prohibited,  p.  95,  article  106. 
Produce  landing,  p.  1193,  articles  3225,  3226. 
Property,  city — 

Insurance,  p.  427,  articles  970,  971. 

Unknown,  discovery  of,  p.  660,  article  1721. 

Title  to  be  established,  p.  660,  article  1722. 

Accepting  proposition   of  Thos.  VV.  Watson,  p.  661,  article 
1723. 

Mayor  authorized  to  contract,  p.  661,  article  1724. 

Swamp  lands,  p.  661,  article  1725. 

Proceeds  pledge  for  drainage,  p.  661,  article  1726. 

City  Attorney,  p.  661,  article  1727. 

Property  purchased  for  taxes   by   city,  p.  661,  article  1728.. 

Treasurer  to  make  list  of,  pp.  662,  1133,  articles  1730-3026. 

Cemptroller  to  sell,  p.  1133,  article  1731. 

Not  to  insure,  p.  1133,  article  1733. 

Settlement  withE.  Howard  McCaleb,  p.  1133,  articles  1734- 
1735. 

Accepting  proposition  Louisiana  Hose   Co.,  p.  663,  article 
1736. 

Mayor  authorized  to   purchase   certain   property,  p.  663,. 
article  1737. 

Mayor  authorized  to   sell   certain   property,  p.  664,  article 
1738. 

Survey  and  maps,  p.  1100,  article  2917. 
Property,  public,  p.  552,  article  1381. 

Prostitutes  (see  "Lewd- Women'"),  p.  453,  articles  1079-1091. 
Prudhomme,  Hart  and  others,  electric  motors,  p.  291,  article  650. 
Prytania  Street  Market,  p.  487,  article  1216. 
Protection  levees,  p.  436,  articles  986-1009. 
Publications  (see  "Ordinances),  p.  574,  article  1470. 

(See  "Official  Journal"'),  P-  573,  article  1462. 


1314  GENERAL   INDEX. 

Public  baths,  p.  534,  articles  1290-1298. 

Public  Buildings,  Commissioner  of,  p.  245,  article  503. 

Public  exhibitions,  p.  89,  articles  79-112. 

Public  institutions  (see  "Almshouses,'"  etc.),  p.  67. 

Mayor  and  administrators  to  visit,  p.  571,  article  1456. 
Public  improvement  fund,  statute,  p.  671. 
Public  markets,  p.  674. 
Public  meetings — 

Prohibited  in  parks,  squares,  etc.,  p.  565,  article  1444. 
Public  printing,  p.  572.  article  1471. 

Public  property,  breaking,  injuring,  etc..  p.  552,  article  1381. 
Public  Schools- 
Contagious  Diseases — 

Xot  to  be  unnecessarily  exposed,  p.  395,  article  875. 

Duty  of  teachers,  etc.,  p.  .397.  article  880. 

Pupils  not  permitted  to  attend,  p.  397,  article  881. 

Penalty  for  permitting  attendance,  p.  400.  article  892. 

To  be  reported,  p.  400,  article  893. 

Parents  to  notify  principals,  p.  400,  article  894. 

Recognizing  amounts  past  due   teachers,   p.   672,   article 
1764. 

Providing  for  their  payment,  p.  672,  article  1765. 

Certificates,  p.  673,  article  1766. 

Settlement,  p.  673,  article  1767. 

Creating  State  Board  of  Education,  p.  674. 

Ex-offlcio  members  and  meetings,  p.  674. 

Parochial  Boards,  p.  674. 

Kules  and  regulations  for  governm^t  of  schools  of  the 
State,  p.  674. 

Additional  reports  by  parish  superintendents,  p.  674. 

Terms  of  office   of  members  of  board  and  parish  superin- 
tendents, p.  674. 

School  Boards  bodies  corporate,  p.  675. 

Officers  of  parish  boards  and  duties,  p,  675. 

Removal  of  parish  superintendents,  p.  676. 

Counsels  of  parish  boards,  p.  676. 

Central  and  High  Schools,  p.  676. 

School  districts,  how  created,  p.  676. 

School  districts,  in  two  adjoining  parishes,  p.  677. 

Option  of  children  as  to  two  adjoining  schools,  p.  677. 

Branches  to  be  taught,  p.  677. 

Duties  of  officers,  p.  677. 

State  Superintendent  office,  salary,  duties,  etc.,  p.  678. 

Parish  Superintendent,  qualifications,  duties,  etc..  p.  650. 

Teachers*  Fnstituteor  Association,  p.  681. 

Examination  fee,  p.  684. 

Grades  of  certificates,  p.  684. 

Revenue,  p.  684. 

School  Treasurer,  p.  686. 


GENERAL   INDEX.  1315 

Public  Schools — Continued. 
City  Schools — 

Board  of  Directors,  their  appointment,  terms  of  office, 

vacancies  and  how  tilled,  p.  687. 
Organization,  duties  and  powers,  p.  688. 
Salary  and  duties  of  secretary,  p.  688. 
Limitation  of  expenses  as  to  stationery,  p.  688. 
Additional  powers  of  board,  p.  688. 
Salaries  of  teachers,  porters  and  portresses,  p.  689. 
Limitation  of  annual  and  monthly  expenditure,  p.  689. 
Rules  for  competitive  examination,  p.  689. 
Election  of  teachers,  p.  689. 
Certificates  of  teachers,  p.  689. 
Regular  monthly  meetings,  p.  689. 
Vacating  seats  of  members,  causes,  p.  690. 
Evening  and  night  classes,  p.  690. 
Normal  schools,  p.  690. 
Xo  compensation  allowed  directors,  p.  690. 
Superintendent,  his  salary  and  term  of  office,  p.  690. 
Treasurer    of     New    Orleans   ex-officio   Treasurer    of 

Board,  his  bond,  p.  691. 
Term  of  office,  election  and  salary,  p.  691 . 
Mayor,  Treasurer  and  Comptroller  ex-officio  members, 

p.  691. 
Annual  report  of  Board,  p.  692. 
Appropriation  for  annual  expenses,  p.  692. 
Unpaid  claims  of  1880-81-82  and  1884,  p.  692. 
Evidence  of  claims,  p.  693. 
Limitations  as  to  contracts  and  debts,  p.  693. 
Restraining  and  repealing  same,  p.  693. 
Branches  to  be  taught  in  French,  p.  693. 
Act  158  of  1894.  amending  Sec.  63  of  Act  81  of  1888,  p.  694. 
Contracts  with  any  religious  orders,  p.  695. 
Other  acts,  p.  695. 
Decisions,  p.  696. 
Protection  Levees,  p.  436,  articles  986-1009. 
Public  Works,  Commissioner  of,  p.  245,  article  504. 
Privileges — 

Barrooms,  p.  142. 
Buildings  in  fire  limits,  p.  355. 
Private  markets,  p.  495. 
Neutral  grounds,  p.  532. 
Switch  tracks,  p.  961. 
Wharves,  p.  1233. 

Quarantine  (see '' Health,*"  etc.),  p.  403. 
Quick-lime,  p.  472.  articles  1153-1156. 


1316  GENERAL  INDEX. 

Railroads — 

Removal  of  stringers  and  timbers  obstructing  drainage,    p. 

265,  article  576. 
Dust,  p.  275,  articles  604-606. 

Xegligence,  want  of  skill,  etc.,  of  drivers,  pp.  275,  703,  arti- 
cles 603-1798. 
Full  stop  at  intersections,  p.  542,  articles  1327-1328. 
Full  stop  at  crossings  of  other  tracks,  p.  542,  article  1329. 
Explosives  on  tracks,  p.  542,  articles  1330-1331. 
Tearing  up  streets,  p.  556,  articles  1401-1402. 
Smoking  on  platforms  prohibited,   p,  560,   articles  1419- 

1420. 
Smoking  on  cars,  p.  561.  article  1425. 
Steam  Railroads — 
General  Ordinances — 

Watchman  with  signals,  p.  696,  article  1768. 
Penalty,  p.  697,  articles  1769-1770. 
Unlawful  to  build  new  tracks  or  change  grade  without 
lines   and  levels  from  City  Surveyor,  p.  697,  article 
1771. 
Speed  along  river  front,  p.  698,  article  1772. 
To  ring  bells  in  city  limits,  p.  698,  article  1773. 
Speed,  p.  698,  article  1774. 
Standing  on  or  obstructing  street   crossings,  p.  699, 

article  1775. 
Penalty,  p.  699,  article  177fi. 

Peddling  from  cars  or  at  depots  unlawful,  p.  699,  arti- 
cle 1777. 
Peddling  from  platforms,  p.  699,  article  1778. 
Penalty  for  so  doing,  p.  700,  articles  1779-1780. 
Electric  signals,  p.  700,  article  1782. 
Penalty,  p.  701,  article  1784. 

Storing  cotton  near  tracks  prohibited,   p.  997,   articles 
2653-2656. 
Street  Railroads — 

Vehicles  obstructing  cars,  p.  541,  articles  1322-1323. 

To  run  cars  all  night,  p.  701,  article  1785. 

Speed  at  Canal  street  crossings,  p.  701,  article  1786. 

Sheds  for  starters,  p.  701,  article  1787. 

Bells,  p.  701,  article  1788. 

Certain  persons  excluded  from,  p.  702,  article  1789. 

Obstructing  car  tracks,  p.  702,  article  1790. 

Fire  department  excepted,  p.  702,  article  1791. 

Minors  prohibited  from  hanging  on  cars,  p.  702,  article 

1792. 
Duty  of  police  and  railroad  companies  to  enforce  ordi- 
nance, p.  702,  article  1793. 
Penalties,  p.  702,  article  1794. 


GENERAL   INDEX.  1317 

Kailroads — Continued. 

Right  to  use  certain  motive  power,  p.  702,  article  1795. 

Crossing  tracks  in  front  of  steam  engines,  p.  703.  arti- 
cle 1796. 

Penalty,  p.  703,  article  1797. 

Obstructing  drainage,  p.  703,  article  1799. 

Penalty,  p.  703,  article  1800. 

Repairs  or  construction  of  buildings,  etc..  p.  704,  ar- 
ticle 1801. 

Repealing  clause,  p.  704,  article  1802. 

Open  cars,  p.  704,  article  1803. 

Duty  of    motormen  approaching  West  End  train,  p. 
704,  article  1804. 

Penalty  for  failure  to  so  do,  p.  704,  article  1805. 

Flat  wheels,  p.  704,  article  1805. 

Penalty,  p.  704,  article  1806. 

Repealing  clause,  p.  705,  article  1807. 

Full  stop  crossing  steam  railroad  tracks,  p.  705.  article 
1808. 

Penalty,  p.  706,  article  1809. 

Xot  to  apply  to  crossings  with  gates,  p.  705,  article 
1810. 

Construction  of  track  crossings,  p.  705,  article  1811. 

Duty  of  Commissioner  of  Public  Works,  p.  705,  article 
1812. 

Exempting  roads  to  be  rebuilt,  p.  705,  article  1813. 

Expense  of  track  crossings,   by  whom  borne,  p.  706, 
article  1814. 

New  roads  to  construct  crossings,  p.  708,  article  1815. 

Ventilators,  p.  706.  article  1817. 

Penalty,  p.  706.  article  1818. 

To  take  effect,  p.  708,  article  1818. 

Repair  of  streets,  p.  708,  article  1819. 

Full  stop  crossing  electric  roads,  p.  707,  article  1820. 

Vehicles  following  cars,  p.  1157,  articles  3097-3099. 

Act  77  of  1886.  relative  to  obstructions  and  interfer- 
ence with  rnilroads,  p.  955. 

Act  81  of    1882,  sale  of  franchise  and  price  used  for 
public  improvements,  p.  956. 

Act  133  of    1888,   providing  summary  remedy  for  en- 
forcement of  contracts  of  corporations,  p.  956. 

Other  acts,  p.  957. 

Decisions,  p.  958. 

Track  privileges,  p.  961. 
isteam  Railroads — 

East  Louisiana  Railroad — 

Right  of  way  and  specifications,  p.  707,  articles  1821- 
1825. 


1318  GENERAL  INDEX. 

'Ra.i\rosiA&— Continued. 

Illinois  Central  Railroad  (formnerly  Chicago,  St.  Louis  & 
New  Orleans  Railroad,  and  Xew  Orleans,  Jackson  & 
Great  JTorthern) — 
Right  of  way  and   specifications,  p.  708,  articles  LS26- 
1874. 
Louisville  &,  Nashville  Railroad — 

Right  of  way  and  specifications,  p.  720,  articles  1875- 
1906. 
Mississippi  Valley  Railroad — 

Right  of  way  and  specifications,  p.  768,  articles  2008- 
2029. 
Morgan's  Louisiana  &  Texas  Railroad  and  Steamship  Com- 
pany- 
Right  of  way  and  specifications,  p.  731,  articles  1907- 
1964. 
New  Orleans  &  Northeastern  Railroad — 

Right  of  way  and  specifications,  p.  759,  articles  1985- 
2007. 
New  Orleans  &  Southern  Railroad — 

(Formerly  Mississippi,  Terre-aux-Ba'uf  and  Lake  Rail- 
road.) 

Right  of  way  and  specifications,  p.  775,  articles  2030- 
2033. 
New  Orleans,  Fort  Jackson  &  Grand  Isle  Raili-oad — 

Right  of  way  and  specifications,  p.  775,  articles  2034- 
2040. 
New  Orleans  &  Western  Railroad — 

Right  of  way  and  specifications,  p.  778,  articles  2041- 
2051. 
Pontchartrain  Railroad  Company- 
Right  of  way  and  privilege,  p.  781 ,  articles  2052-2067. 
Texas  &  Pacific  Railroad — 

Right  of  wav  and  specifications,  p.  751,  articles  1965- 
1984. 
Street  Railroads — 
Algiers  &  Tunisburg  Railroad — 

Right  of  way  and  privileges,  p.  921,  articles  2504-2525. 
Canal  &  Claiborne  Railroad- 
Right  of  way  and  privileges,  p.  806,  articles  2168-2179. 
Crescent  City  Railroad — 

Right  of  way  and  privileges,  p.  860.  articles  2307-2393. 
Judah  Hart  No.  1,  p.  926,  articles  2526-2539. 
Judah  Hart  No.  2,  p.  930,  articles  2540-2573. 
Mississippi,  Terre-aux-Boeuf  &  Lake  Railroad  Company — 
Right  of  way  and  privileges,  p.  775,  articles  2030-2033. 
New  Orleans  &  Carrollton  Railroad — 

Right  of  way  and  privilege,  p.  785.  articles  2068-2167. 


GENERAL   INDEX.  1319 

Railroads —  Continued. 

New  Orleans  City  &  Lake  Railroad — 

Rights  and  privileges,  p.  S21,  articles  2180-2306. 
New  Orleans,  Spanish  Fort  &  Lake  Railroad — 

Right  of  way  and  privileges,  p.  906,  articles  2454-2400. 
Orleans  Railroad  Company — 

Right  of  way  and  privileges,  p.  893,  articles  2394-2453. 
Rampart  &  Dauphine  Street  Line  Railroad,  p.  825,  articles 
2197-2232. 
Extension  for  50  years,  p.  851,  articles  2279-2303. 
St.  Charles  Street  Railroad — 

Right  of  way  and  specifications,  pp.  911,  952,  articles 
2461-2490. 
Tnnisburg  &  Jefferson  Railroad — 

Rights  and  privileges,  p.  919,  articles  2491-2525. 
Belt  and  Switch  Railroads — 
New  Orleans  Belt  Railroad,  p.  941,  articles  2574-2590. 
Watkins  Railroad,  p.  947,  articles  2591-2605. 
Switch  track  privileges,  p.  950,  articles  2606-2613. 
Receiving  Tanks,  p.  656.  article  1705. 
Record  of  building  permits,  p.  168,  article  293. 
Recorder  of  Births,  Deaths  and  Marriages,  (see  "Health),  p.  386. 
Recorders — 

Court  officers,  p.  257,  article  543. 

Court  room  First  Recorder's  Court,  p.  259,  article  547. 

Authorized  to  commit  to  workhouse  and   parish    prison. 

p.  649,  article  1683. 
Six  Police  Courts  organized,  statute,  p.  969.  article  2614. 
Jurisdiction  of,  p.  969,  articles  2615-2618. 
Election  of.  p.  969,  article  2616. 
Clerks,  etc,,  p.  970,  article  2616. 
Council  to  provide  stationery,  p.  970,  article  2616. 
Police  for  court,  p.  970. 
How  removed,  p.  970. 

Fines  and  penalties,  etc.,  p.  971,  article  2619. 
Remission  of  fines,  p.  972,  article  2622. 
Jurisdiction  of  each  court,  p.  970,  article  2621. 
Decisions,  p.  972. 
Recorders  pro  tem.,  p.  971,  article  2620. 

Decisions,  p.  972. 
Recorder  of  Mortgages,  p.  973. 
Red  Lights,  p.  563,  article  1439. 
Red  River  Packet  Co.  Landing,  p.  1197,  article  3237. 
Refusal  to  transport  merchandise  by  vehicles,  p.  1149,  article  3065. 
Refrigerators,  dry  air,  in  markets,  p.  479,  article  1183. 
Register  of  Conveyances,  p.  973. 
Registration,  statute — 

Appointment.  Supervisor,  his  duties,  powers,  salary,  etc., 
p.  974. 


1320  GENERAL   INDEX. 

JRegistration.  statute— Continued. 

Council  to  divide  city  into  election  precincts,  p.  975. 

Books  to  be  kept,  oaths,  etc.,  p.  975. 

Duty  of  Criminal  Sheriff,  p.  977. 

Canvassers,  their  appointment  and  duties,  p.  977. 

Registration,  p.  978. 

Council  to  provide  office,  etc.,  p.  979. 

Instructions  to  police,  p.  980. 

Book  to  be  open  to  inspection,  p.  980. 

Illegal  registration,  p.  980. 

Notice  of  election,  p.  981. 

Naturalization,  p.  982. 

False  registration  or  naturalization,  p.  982. 

Parish  of  Orleans,  p.  983. 

Deceased  persons,  p.  984. 

Act  55  of  1888  amending,  p.  986. 

Act  58  of  1888  annulling  existing  registration  and  providing 
new,  p.  987. 

Act  124  of  1894,  office  in  fifteenth  ward,  p.  988. 
Reinspection  of  privies,  p.  658,  section  1715. 
Reinspection  of  privies,  p.  1160,  article  3112. 
Religious  orders,  contract  with  for  schools,  prohibited,  p.  695. 
Releases  from  pounds,  p.  668,  articles  1751-1761. 
Removals,  impeachments  and,  p.  425,  articles  958-963. 
Rents,  ground,  p.  382,  articles  813-814. 
Repairs,  streets,  p.  1054,  articles  2773-2777. 
Repairs,  sidewalks,  p.  1072,  articles  2844-2851. 
Rescuing  prisoners  from  police,  p.  548,  article  1364. 
Rescuing  animals  from  pound  keepers,  p.  669,  article  1755. 
Restaurants — 

To  provide  price  lists,  p.  139.  article  255. 

Charges,  p.  139,  article  256. 

Penalty,  p.  139,  article  257. 

Posting  ordinance,  p.  139,  article  258. 

Inspection  of  materials,  p.  139,  article  259. 
.  Penalty,  p.  139,  article  260. 
Revenue  (see  "License  and  Taxes'"). 
Rice  Chaff- 
Removal  through  streets,  p.  562,  article  1433. 

Burning  under  boilers,  p.  988,  articles  2623-2624. 

Burning  to  be  discontinued,  p.  988,  article  2625. 

Repealing  clause,  p.  989,  article  2626. 

Dumping  wharf,  p.  989,  articles  2627-2629. 

Dumping  wharf,  p.  1184,  article  3185. 

Unlawful  to  burn  in  city  limits,  p.  989,  article  2630. 

Rice  flumes,  p.  989,  article  2631. 

Repealing  clause,  p.  990,  article  2631. 


GENERAL   INDEX.  1321 

Riding — 

On  Melpomene,  Camp  and  Coliseum  culvert,  p.   505,  ar- 
ticle 1255. 

On  Camp  and  Coliseum  Culvert,  p.  505,  article  1256. 

On  banquettes,  p.  1069,  articles  2835-2836. 
Right  and  Left  Roadways — 

St.  Charles  avenue,  p.  1064.  articles  2809-2811. 

Canal  street,  pp.  1065-1150,  articles  2812-2814-3070-3073. 

On  streets  having  neutral  grounds,  p.  1065.  article  2815. 

Unlawful  to  drive  except  to,  p.  1065,  articles  2816-2817. 

Poydras  street,  p.  1066,  article  2818. 
Right  of  Way- 
Fire  Department,  statute,  p.  342. 

Fire  Department,  p.  347,  article  720 
Hocheblave  Street  Market,  p.  488,  articles  1217-1226. 
Rogues  and  Vagabonds,  p.  1144,  article  3055. 
Roofs — 

Plank,  p.  352,  article  740. 

Fireproof  in  certain  limits,  p.  353,  article  741. 
Rooting  gutters,  p.  175,  article  319. 

Salaries — 

Appropriations,  p.  110,  article  170. 

Transfer  of,  prohibited,  p.  294.  article  654. 

Selling  of  fire  department  prohibited,  p.  343. 

Garnishment  prohibited,  p.  990. 
Sales — 

Barrooms,  quantity,  p.  136,  article  240. 

To  United  States  soldiers,  liquor,  p.  136,  article  242. 

Fire  sales,  p.  359.  articles  752-753. 

Of  poison,  p.  631.  article  1633, 

Record  of,  p.  631,  article  1635. 

In  second-hand  stores,  p.  990,  articles  2632-2638, 
Saloons,  p,  135,  articles  234-254, 
Sand— 

From  batture,  p.  441,  articles  1012-1019. 

Not  permitted  on  levees,  p.  441,  article  1013. 

From  batture,  p.  544,  articles  1339-1340. 
Salt  landing,  p.  1194,  article  3227. 
Schleider,  R.  G.,  garbage  system,  p.  377,  article  789. 
Schneckenberger.   John,   lease   lot  Xo.   10,   West  End,   p.  448, 

articles  1042-1044. 
Schools,  Public,  p.  672. 

Scrapings,  street,  p.  1067,  articles  2824-2825. 
Seal,  city,  p.  503,  article  1247. 
i3econd-hand  Stores — 

List  of  sales  'and  purchases   to  be  furnished  to  Chief  of 
Police,  p.  990,  articles  2632-2634. 


1322  GENERAL  INDEX. 

Second-hand  Stores — Continued. 

Unla^vful  to  buy  from  minors,  p.  991,  article  2635. 
Stolen  goods,  p.  991.  articles  2636-2637. 
Repealing  clause,  p.  991,  article  2638. 
Second  Street  Market,  p.  490.  articles  1227-1228. 
Seventh  District  Cemetery,  p.  203,  articles  414,  415. 
Sewerage — 

Mayor  authorized  to  contract  with  A.  A.  Woods,   p.  1001, 

article  2671. 
Transfer  of  franchise,  p.  1001.  article  2672. 
Eight,  etc.,  p.  1001,  article  2673. 
Sewer  pipes,  p.  1002,  article  2674. 
Streets  and  banquettes,  p.  1002,  article  2675. 
Discharges,  p.  1003.  article  2676. 
Public  buildings,  etc..  p.  1003,  article  2677. 
Commencement  and  completion,  p.  1003.  article  2678. 
City  not  to  adopt  any  other  system,  p.  1004,  article  2679. 
Extension  of  works,  p.  1004,  article  2680. 
Charges,  p.  1005,  article  2681. 
Right  of  city  to  purchase,  p.  1007.  article  2682. 
Board,  p.  1007,  article  2683. 
Separate   existing    services   to   be  discontinued,    p.    1007, 

article  2684. 
Excavations,  p.  1007.  article  2685. 
Police  Regulations — 

Unlawful  to  obstruct  or  injure  pipes,  p.  1008,  article  2686. 
Unlawful  to  drop  or  throw  substances  in  pipes,  etc.,  p. 

1008,  article  2686. 
Unlawful  to  use  other  systems,  p.  1008.  article  2686. 
Unlawful  to  build  privies,  p.  1008,  article  2686. 
Penalty,  p.  1009.  article  2687. 
Separate  offences,  p.  1009.  article  2688. 
Repealing  clause,  p.  1009.  article  2689. 
Approving  plans   and   specification   of    Xew   Orleans 

Sewerage  Company,  p.  1010.  article  2690. 
To  be  attested  by  Mayor,  p.  1010.  article  2691. 
Bond,  p.  1010,  article  2692. 
Extension  of  time.  p.  1010,  article  2693. 
Sextons  (see  '-Cemeteries'"),  p.  196,  articles  380,  407. 
Shakspeare  Almshouse,  p.  68,  articles  8-19. 
Sheds,  p.  128,  articles  208-219. 

Street  railroads,  for  starters,  p.  701.  article  1787. 
On  wharves,  to  be  removed,  p.  1184,  articles  3181-3183. 
Shell  Roads  (see  ••  Canals  "').  p.  186. 
Sheriff,  p.  650. 

Ships  (see  '•  Wharves""),  p.  1221. 
Shooting  Galleries,  pp.  96.  10S7.  articles  109.  2877. 
Shrimps,  stalls  for  sale  of.  p.  394,  article  868. 

Sale  by  peddlers  prohibited,  p.  394.  articles  869-870. 


GENERAL,   INDEX.  1323 

Shutters  and  windows,  p.  183.  article  354, 
Shutters,  iron,  pp.  183.  349,  articles  357-358-727-728. 
Shutters,  iron,  devices  adopted,  p.  349,  article  730. 
Sickles  Fund.  p.  88.  articles  72-78. 
Sidewalks — 

Bicycles  on.  p.  154.  article  263. 
Use  of,  by  builders,  p.  179.  article  337. 
Fire  engines  not  to  run  on,  p.  348.  article  725. 
Oysters  heaped  on,  p.  547,  article  1353. 
Throwing  fruit  and  peelings  on,  p.  566,  articles  1450-1452. 
Grass  on,  p.  566.  article  1453. 
Obstructions,  p.  1058,  articles  2794-2800. 
Trees,  p.  1068.  articles  2827-2831. 

Width  in  Sixth  and  Seventh  Districts,  p.  1069,  article  2832. 
Driving  on.  pp.  1069,  1070,  articles  2833-2837. 
Riding  on.  p.  1069,  articles  2835-2836. 
Inspectors,  p.  1070. 
Grade  of,  p.  1070,  article  2838. 
Owners  to  pay  cost  of,  p.  1071,  article  2839. 
Repealing  clause,  p.  1071,  article  2840. 

City  Surveyor  to  establish  uniform  grade  of,  p.  1071.  arti- 
cle 2841. 
Duty  of  Conniiissioner  of  Public   Works,  p.  1072,  article 

2842. 
Penalty  for  failure  to  comply,  p.  1072.  article  2843. 
Repair  of.  p.  1072,  article  2844. 

Penalty  for  refusal  or  failure  to  repair,  p.  1072,  article  2845. 
Material  to  be  used  in  repair,  p.  1072.  article  2846. 
Owners  to  be  notified  to  repair,  p.  1073.  article  2847. 
Materials,  p.  1073.  article  2848. 
Grass,  weeds,  etc..  on,  p.  1073.  article  2849. 
Penalty,  p.  1073,  article  28.50. 

Duty  of  police  to  report  violations,  p.  1073.  article  2851» 
Complaint  book.  p.  1074,  article  2852. 
Repealing  clause,  p.  1074,  article  2853.  • 
Intersections,  p.  1074,  article  2854. 
Repealing  Ordinances  Nos.  3973  and  5097,  C.  S.,  p.  1074, 

article  2855. 
Penalty,  p.  1074.  article  2856. 
Alignment — 

St.  Charles  avenue,  p.  1074,  articles  2857-2858. 

Tulane  avenue,  p.  1075.  article  2859. 
Pavement — 

St.  Charles  avenue,  p.  1075.  article  2858. 

Official  notice  to  property  owners,  p.  1075,  article  2860. 

Commissioner  of  Public  Works  to  notify  property  own- 
ers, p.  1075,  article  2861. 

Blanks  for  use  of  property  owners,  p.  1075.  article  2862. 


1324  GENERAL   INDEX. 

Sidewalks — Continued. 

Propertj'   owners   may   construct   their  own,  p.  1076, 

article  2863. 
Repealing  clause,  p.  1076,  article  2864. 

Carriage  ways  to  be  paved,  p.  1078,  article  2872. 

Carriasce  ways   not  to  be  made  of  wood,  p.  1078,  article 
2873. 

Penalt>\  p.  1078,  article  2874. 

Private  drains,  p.  1078,  article  2875. 

Penalty,  p.  1078.  article  2876. 
Signs — 

Swinging,  p.  129,  articles  214-216. 

Barrooms,  p.  136,  article  239. 

In  markets,  p.  476,  article  1167. 

Defacing  or  injury  to  street  signs,  p.  543,  article  1336. 

Swinging,  unlawful,  p.  558,  articles,  1413-1415. 
Signals — 

Steam  railroad  at  street  intersections,  p.  696,  articles  1768- 
1770. 

Whistles,  unlawful  in  certain  limits,  p.  698,  article  1774. 

Electric,  p.  700,  article  1782. 
Sixth  Street  Market,  p.  492.  articles  1238-1239. 
Slaughterhouses — 

Cleanliness,  p.  390.  article  842. 

Permission   to   operate  in  Sixth  and  Seventh  Districts,  p. 
991,  article  2639. 

New  Orleans  Abattoir  Company,  p.  992,  articles  2640-2645. 

People's   Slaughterhouse   and  Refrigerating  Company,  p. 
994.  articles  2646-2649. 

Simon  Oestarly,  p.  996,  article  2650. 

Decisions,  p.  996. 
Slops — 

From  boarding  houses  and  hotels,  p.  420,  articles  933-935. 

Emptying  in  street  from  galleries,  etc.,  p.  552,  article  1382. 

Unlawful  to  throw  in  street,  p.  552,  article  1383. 
Small-pox.  p.  402,  articles  900-921. 
Smoke  Consumers — 

Using  bituminous  coal,  p.  555,  articles  1399-1400. 

Using  bituminous  coal,  p.  998,  articles  2659-2660. 

Steam  engines,  etc..  p.  1011.  articles  2699-2703. 
Smoking — 

Prohibited  on  wharves,  p.  559,  article  1416. 

Prohibited  in  holds  or  on  decks  of  vessels,  p.  559,  article 
1417. 

Prohibited  in  cotton  presses,  p.  560,  article  1419. 

Prohibited  on  railroad  platforms,  p.  560,  article  1419. 

Prohibited  in  cabins  of  ferryboats,  p.  560,  article  1423. 

Prohibited  on  cars,  p.  561,  article  1425. 

Half  of  fine  to  informer,  p.  561,  article  1426. 


GENERAL   INDEX.  1325 

Smoke  Nuisance — 

Factories,  etc.,  p.  296.  article  664. 

Vessels,  tugboats,  p.  997,  article  2651. 

Railroads,  p.  997,  article  2652. 
Soap  boilers,  offensive  matter,  p.  386,  article  821. 
Southern  Yacht  Club — 

Removal,  p.  1162,  article  3121. 

Xot  affected  by  Ordinance  Xo.  7142.  A.   S.,  p.  446,  article 
1033. 

Mooring  place,  p.  447,  articles  1035-1036. 

Term  of  grant,  p.  447,  article  1037. 

Reservation  by  city,  p.  448,  articles  1038-1039. 

Repealing  clause,  p.  448,  article  1040. 
Southwestern  Brush  Electric  Light  Company,  p.  279,  articles  607- 

615. 
Spark  Arresters — 

Vessels,  tugboats,  etc.,  p.  997,  article  2651. 

Railroads,  p.  997,  article  2652. 

Electric  light  companies,  p.  998,  articles  2657-2658. 
Sparrows,  p.  106,  article  165. 
Speed — 

Steam  railroads  along  river  front,  p.  698,  article  1772. 

Steam  railroads  in  city,  p.  698,  article  1774. 

Street  railroads   at   Canal  street  crossings,   p.  701.  article 
1786. 

Illinois  Central  Railroad,  p.  709,  article  1832. 

Louisville  &  Nashville  Railroad,  p.  722,  article  1884. 
Squatters,  their  removal,  p.  440,  article  1009. 
Stables  and  Dairies — 

Combustibles,  p.  243.  article  500. 

Cleanliness,  p.  390,  article  842. 

Limits,  p.  998.  articles  2661-2662. 

Permission  of  Council,  p.  999,  article  2663. 

Sanitary  condition,  p.  999,  article  2664. 

Penalty,  p.  1000,  article  2665. 

Additional  offences,  p.  1000,  article  2666. 

Duty  of  Commissioner  of  Police  and   Public  Buildings,  p. 
1000,  article  2667. 

Repealing  certain  ordinances,  p.  1000,  article  2668. 

Petition  to  state  whether  private  or  public,  p.  1000,  article 
2669. 

Privileges  revoked,  p.  1000.  article  2670. 

Decisions,  p.  1000. 
Stairs  (see  '-Buildings"),  p.  182,  article  350. 
Stalls  (see  -  Markets  "),  p.  394. 
Stands,  Tables,  etc. —    . 

In  markets,  p.  478,  article  1175. 

On  sidewalks,  p.  1059,  articles  2794-2793'. 


1326  GENERAL   INDEX. 

Stands  and  stations  for  vehicles,  p.  1152,  articles  3078-3082. 
Stay  of  proceedings,  taxes,  p.  1110.  article  2967. 
Steam  Engines  and  Boilers — 

Permission  of  Council,  p.  1011,  article  2694. 

Construction,  p.  1011,  article  2695. 

Consent  of  property  owners,  p.  1011,  article  2696. 

Penalty,  p.  1011.  article  2697. 

Repealing  certain  ordinances,  p.  1011,  article  2698. 

Smoke  consumers,  p.  1011,  article  2699. 

Existing  steam  plants  to  comply,  p,  1012.  article  2700. 

Duty  of  City  Engineer,  p.  1012.  article  2701. 

Penalty,  p.  1012.  article  2702. 

Repealing  clause,  p.  1012,  article  2703. 

Privileges,  p.  1012. 
Steamboats  (see  ••  Wharves"),  p.  1225. 
Steamships  (see  ••Wharves*"),  p.  12*25. 

Steam  Whistles,  unlawful  blowing  of,  p.  553,  articles  1389-1392. 
Steps,  front  (see  ••  Buildings"),  p.  183,  article  353. 
Stolen  Goods,  p.  991.  articles  2636-2637. 
Storage  of  Sugar  and  Molasses,  p.  1089,  article  2885. 
Stoves  and  Stovepipes,  p.  207,  articles  433-441. 
St.  Bernard  Square,  p.  6-24.  article  1631. 
St.  Charles  Avenue — 

Xeutral  ground,  p.  529.  articles  1267-1270. 

Board  of  Commissioners,  p.  618.  article  1608. 

Terms  of  ottice,  p.  618.  article  1609. 

Powers  and  duties,  p.  619,  article  1610. 

Interest  in  contracts  by  commissioners,  p.  619,  article  1611. 

Revenues,  p.  619.  article  1612. 

Penalties,  p.  6-20.  article  1613. 

Control  to  revert  to   Commissioners   of    Audubon   Park, 
p.  620.  article  1614. 

Throwing  or  placing  rubbish  on  street,  p.  620.  article  1615. 

Penalty,  p.  6^20,  article  1616. 

Repairs  by  Carrollton  Railroad,  p.  621.  article  1617. 

Repealing  clause,  p.  621.  article  1618. 

Right  and  left  roadways,  p.  1064.  articles  2809-2812. 
St.  Charles  Street  Railroad  Company — 

Right  of  way  and  specifications,  p.  911.  articles  2461-2486. 

Electric  franchise,  p.  918,  articles  2487-2490, 

Specifications,  p.  952. 
St.  Mary's  Market- 
Repealing  ordinances  establishing  same  as  wholesale  fruit 
and  vegetable  market,  p.  486.  article  1211. 

Setting  aside  one-half  of  same  for  that  purpose,  p.  487, 
article  1212. 

Public  market  to  be  built,  p.  487.  articles  1213-1215. 


GENERAL   INDEX.  1327 

St.  Roche  Avenue — 

Appointing  commissioners,  p.  609,  article  1562. 
Straw,  p.  244,  article  502. 
Street  pilings,  p.  373.  article  775. 
Streets — 

Use  of,  p.  179,  article  .337. 
Removal  of  pilings,  p.  373,  article  775. 
Defacing  and  injuring  signs  on.  p.  543,  article  1336. 
Carrying  away  earth,  p.  547.  article  1354. 
Unlawful  to  tear  up  more  than  three  blocks,  p.  556,  arti- 
cles 1401-1402. 
Digging  without  permission,  p.  .556,  articles  1403-1404. 
Hanging  clothes  out  on.  shaking  carpets,  etc..  prohibited, 

p.  563,  article  1437. 
Sale  of  groceries  in.  prohibited,  p.  563,  article  1438. 
Damage  to,  by  roving  animals,  etc.,  p.  666.  article  1744. 
Obstructing  crossings,  p.  699,  article  1775. 
Railroads  to  replace  streets  in  good  condition,  p.  706.  arti- 
cle 1890. 
Regulating  placing  of  names  on.   p.   1024,  articles  2704- 

2705. 
Change  of  names,  p.  1024,  articles  2706-2707. 
Neutral  ground  Camp  street,  p.  1038,  articles  2708-2709. 
Xames  from  Canal  street  up  and  Canal  street  down  to  be 

same,  p.  1038.  article  2710. 
Change  of  names  of  certain  streets.  First  and  Fourth  Dis- 
tricts, p.  1038.  article  2711. 
Change  of  names.  Second  and  Third  Districts,  p.  1041,  arti- 
cle 2716. 
Change  of  names.  First  District,  p.  1042,  article  2717. 
Change  of  names  of  certain  streets.  Third  and  First  Districts, 

p.  1043,  articles  2718-2720. 
North  and  south  prefixes,  p.  1043.  articles  2721-2722. 
Change  of  names  of  certain  streets,  p.  1044,  articles  2723- 

2734. 
Lines  of  certain  streets,  p.  1046.  articles  2735-2738. 
Alignment  of  certain  streets,  p.  1047,  articles  2739-2765. 
Opening  of  certain  streets,  p.  1052,  articles  2766-2772. 
Duty  of  police  to  report  violations,  p.  1062.  article  2800. 
Orading  and  Drainage  of  Gutters — 

Regrading  of  gutters,  p.  1062,  article  2801. 

Curbing,  etc.,  on  certain  streets,  p.  1062.  articles  2802- 

2803. 
Material  of  new  work,  p.  1062.  article  2804. 
Wood  curbing,  p.  1063,  article  2805. 
Property  holders'  discretion,  p.  1063,  article  2805. 
To  be  renewed  with  stone,  etc.,  p.  1063,  article  2805. 
Disposal  of  tine,  p.  1063,  article  2806. 


1328  GENFRAL  INDEX. 

Streets — Continued. 

Right  of  Way- 
Hospital  ambulance,  p.  1064,  article  2807. 

Rate  of  speed,  p.  1064,  article  2808. 
Right  and  Left  Roadways— 

St.  Charles  avenue,  p.  1064,  article  2809. 

Penalty,  p.  1064,  article  2810. 

Notice  to  be  posted,  p.  1065,  article  2811. 

Canal  street,  p.  1065.  article  2812. 

Penalty,  p.  1065.  article  2813. 

Notices  to  be  posted,  p.  1065,  article  2814. 
Streets  having  Neutral  Grounds,  p.  1065,  article  2815, 
Unlawful  to  ride  or  drive,  except  to,  p.  1065,  article  2816. 
Penalty,  p.  1065,  article  2817. 
Poydras  street,  p.  1066,  article  2818. 
Unlawful  for  vehicles  without  springs  to  drive  on  certain 

streets,  p.  1066,  articles  2819-2820. 
Street  pilings,  p.  1066,  article  2821. 
Penalty,  p.  1066,  article  2822. 
Dumping  grounds,  p.  1067,  article  2823. 
Street  scrapings,  etc.,  p.  1067,  article  2824. 
Penalty,  p.  1067,  article  2825. 
Obstructions  of — 

Depositing  goods,  etc..  on,  p.  1058,  article  2794. 

Stands  on  sidewalks,  p.  1059,  article  2794. 

Advertising  boards,  p.  1059,  article  2795. 

Penalty,  p.  1060,  article  2795. 

Unclaimed  goods,  p.  1060,  article  2796. 

Buildings,  repairing,   erecting,   etc.,  p.  1060,    article 
2797. 

Duty  of  Commissioner  of  Public  Works,  p.  1061,  ar- 
ticle 2797. 

Builders  to  remove  stone,  brick,  mortar,  etc.,  p.  1061  ^ 
article  2798. 

Debris  to  be  removed  by  Department  of  Improvements^ 
p.  1061,  article  2799. 
Repealing  clause,  p.  1068,  article  2826. 
Trees — 

May  be  planted  when,  p.  1068,  article  2827, 

Penalty  for   cutting,  breaking,   etc.,   p.   106«,    article 
2828, 

Unlawful  to  replant  on  banquettes,   p,   1068,  article 
2829. 

Permission  to  cut  trees  on  Canal  street,  p.  1068,  article 
2830. 

Repealing  clause,  p,  1068,  article  2831, 
Vehicles  to  move  for  cleaning,  p,  11.54,  article  3083. 
Sidewalks,  p,  1069,  articles  2832-2867. 


GENERAL   INDEX.  1329 

Streets — Continued.  '     - 

Obstructing  gutters,  p.  1077,  articles  2868-2876. 
Mayor  authorized  to   remove   obstruction  closing  streets, 

statute,  p.  1079. 
Unlawful   to  tear  up  streets  at  certain  periods  of  the  \-ear. 

statute,  p.  1079. 
Decisions,  p.  1080. 
Street  Improvements — 

Streets  not  to  be  torn  up  longer  than   twenty  days.  p.  1054, 

article  2773. 
Duty  of  Administrator  of  Improvements   to   have   streets 

properly  repaired,  p.  1054,  article  2774. 
Failure  to  make  repairs  after  notification,  p.  1055,  article 

2775. 
Duty   of  Administrator  of  Improvements,  p.  1055.  article 

2776. 
Repealing  clause,  p.  1055.  article  2777. 
Cost  of  petition  for  street  or  sidewalk  improvements,  p. 

1055.  article  2778. 
Henry  Clay  avenue,  p.  1055,  articles  2779-2780. 
Standard  of  vitrified  brick,  p.  1056.  articles  2781-2782. 
Property   holder  to  designate  kind   of  pavement,  p.  1056. 

article  2783. 
Specitications  for  gravel,  p.  1057.  articles  2784-2785. 
Washington  avenue,  p.  1057.  articles  2786-2789. 
Paving  Decatur  street,  p.  1058,  articles  2790-2791. 
Intersection  across  St.   Charles  avenue,  p.  1058,   articles 

2792-2793. 
Subrogation  of  city's  liens  and  mortgages,  p.  1133,  article  3025. 
Sugar  Exchange  Park — 

Boundaries,   commissioners,  powers,  etc..  p.  621.  articles 

1619  1621. 
Sugar  Experimental  Station- 
Terms  of  agreement,  p.  594.  article  1500. 
Sugar  and  molasses  landing,  p.  1193.  articles  3223-3224. 
Sugar  Sheds — 

Appraisement,  p.  1087.  article  2878. 

Indebtedness  to  city.  p.  1087,  article  2878. 

Comptroller  to  advertise,  p.  1088.  article  2880. 

Deposit,  p.  1088,  article  2881 . 

Agreement,  p.  1088,  article  2882. 

Additions  and  alterations,  p.  1089.  article  2883. 

Charges,  p.  1089.  article  2884. 

Storage  of  goods,  p.  1089.  article  2885. 

Sugar  and  molasses,  preference,  p.  1089.  article  2886. 

Bond,  p.  1089,  article  2887. 

Payments,  p.  1090.  article  2888. 

Insurance,  p.  1090.  article  2889. 


1330  GENERAL^  INDEX. 

Sugar  Sheds — Continued. 

Reversion  to  city,  p.  1090,  article  2890. 

To  defend  all  suits  against  ^ity,  p.  1090,  article  2891. 

Grant  to  D.  B.  Fleitas,  p.  1091,  article  2893. 

Conditions  of  grant,  p.  1091^  article  2894. 

Privileges,  p.  1093,  article  5j895. 

Consent  of  owners,  p. 1093,  article  2896. 

Number  of  sheds,  p.  1094,  article  2897. 

Security,  p.  1094,  article  2898. 

Wharfinger  to  enforce  ordinance,  p.  ]094,  article  2899. 

Distance  from  wharf,  p.  1094,  article  2900. 

Opening  street,  p.  1094,  article  2901. 

Contract  and  Specifications — 

Notarial  act,  p.  1095,  article  2902. 
Term  of  grant,  p.  1095,  article  2903. 
Conditions,  p.  1096,  articles  2904-2908. 
Charges,  p.  1096,  article  2904. 
Obligations  of  contractor,  p.  1097,  article  2909. 
Superintendent  of  Education,  p.  690. 

Decisions,  statute,  p.  678. 
Superintendent  of  Police,  statute,  p.  642. 
Supervisor  of  Registration,  p.  974. 
Sureties — 

To  possess  real  estate,  p.  156,  article  267. 
On  contracts  to  possess  real  estate,  p.  253,  article  520. 
Surgery  (see  "Medicine,'"  etc.),  p.  506. 
Surveyor,  City — 

City  Engineer,  p.  1098. 

Duties  and  salary,  p.  1098,  article  2910. 

Deputy  Surveyors — 

Their  duties  and  compensation,  p.  1098,  article  2911. 
Copies  of  surveys  to  be  filed  in  oftice,  p.  1099,  article 

2912. 
Supervision  of  Surveyor,  p.  1099,  article  2913. 
Surveyor  to  report  failures  of  deputies  to  comply  with 

ordinance,  p.  1099,  article  2914. 
Specifications  to  embody  license  clause,  p.  1099,  article 

2915. 
Surveys  and  maps,  city  property,  p.  1100,  article  2917. 
Surveys  Sixth  Municipal  District,  p.  1100,  article  2918. 
To  test  water  of  New  Orleans  Waterworks  Company, 

p.  1172,  article  3150. 
Duty  and  salary  of,  p.  181,  articles  345-347. 
Approval  of  contracts,  p.  254,  article  522. 
Drainage,  and  his  duties,  p.  266,  articles  570-585. 
Advisors  or  consulting  engineers,  p.  269,  article  586. 
House  numbering,  p.  422,  article  956. 
Duties  Orleans  Levee  Board,  p.  434. 


GENERAL  INDEX.  1331 

Surveyor,  City — Continued. 

Protection  of  levees,  p.  436,  article  1000. 
West  End  levees,  p.  445,  article  1030. 
To  inspect  storage  o}  lime,  p.  472,  article  1156. 
Smoke  consumers,  p   1012,  article  2701. 
Surveys  and  maps,  city  proper  y,  p.  1100,  article  2917. 
Swallows,  p.  106,  article  161. 
Swamp  Lands,  p.  661,  article  1725. 

Sweeney,  Jas.,  transfer  of  lease  of  wharves,  p.  1233,  article  3345. 
Swinging  signs,  p.  .558,  articles  1413-1415. 
Switch  Tracks- 
Privileges  forfeited  in  sixty  days.  p.  951,  article  2607. 
Must  be  constructed  within  sixty  days,  p.  951,  article  2608. 
Plans  and  specifications  to  be  submitted,  p.  951,  article  2609. 
To  plank  between  tracks,  p.  951,  article  2612. 
Privileges,  p.  961. 

Tables,  stands  in  markets,  p.  478,  article  1175. 
Tags— 

For  dogs,  p.  98.  article  120. 
Counterfeiting,  p.  99,  article  121. 
Renewing,  p.  99,  article  122. 
Redemption,  p.  100.  article  127. 
Tombolas- 
Prohibited  in  vicinity  of  market,  p.  563,  articles  1435-1436. 
Tanneries,  p.  296,  articles  661-665. 
Tar.  p.  244,  article  498. 
Taxation — 

Property  subject  to,  p.  1 10,  article  169. 

Property  purchased  by  city  for,  p.  661,  article  1728. 

Comptroller  to  sell  property,  p.  661,  article  1731. 

Reference  to  article  Constitution,  p.  1100. 

Reference  to  City  Charter,  p.  1101. 

Taxing  power,  p.  1101,  article  2919. 

Tax  Mortgage  Bureau — 

Duty  of  City  Treasurer,  p.  1101,  article  2920. 

Assistants,  p.  1101,  article  2921. 

Duty  of  chief  clerk  and  assistants,  p.  1101,  article  2922. 

Salaries,  p.  IIOJ,  article  2923. 

Books,  p.  1102.  article  2924. 

Collections,  p.  1102,  article  2925. 

Seizures,  p.  1102,  article  2926. 

Bids  must  equal  taxes,  p.  1102.  article  2927. 

Possession  by  city,  p.  1103,  article  2928. 

Duty  of  Comptroller,  p.  1103,  article  2929. 

Interest  on  taxes,  p.  1103,  article  2930. 

Transfer  of  property,  p.  1103,  article  2931. 

Errors,  p.  1103,  article  2932. 

Repealing  clause,  p.  1104,  article  2933. 


1332  GENERAL   INDEX. 

Taxation — Continued. 

Tax  sales,  p.  1104,  article  2934. 

Fees  and  charges,  p.  1104.  article  2935. 

Repealing  clause,  p.  1104,  article  2936. 
Personal  Tax  Bureau — 

Separate  tax  bills,  p.  1105,  article  2937. 

Two  assistant  city  attorneys,  p.  1105,  article  2938. 

Clerks  and  keeper,  p.  1105,  article  2938. 

Duty  of  City  Attorney,  p.  1105.  article  2939. 

Duty  of  Comptroller  and  Treasurer,   p.  1106.  artic 
2940. 

Expenses,  p.  1106,  article  2941. 
Real  and  personal  taxes,  p.  1106,  article  2942. 
Costs,  p.  1106,  article  2943. 
Redemption  fee,  p.  1106,  article  2944. 
Remission  of  interest,  p.  1106.  article  2945. 
Petitions,  p.  1106.  article  2946. 
Duty  of  City  Treasurer,  p.  1106.  article  2947. 
Existing  ordinances,  p.  1107,  article  2948. 
Duty  of  Comptroller  to  report  all  tax  researches,  p.   1107, 

article  2948. 
Property  bought  for  taxes,  p.  1107,  article  2949. 
Taxes  prior  to  1869,  p.  1107,  article  2950. 
Certificates  and  releases,  p.  1107.  article  2951. 

Chief  clerk  authorized  to  sign.  p.  1107,  article  2952. 
Charges,  p.  1107,  article  2953. 
Daily  returns,  p.  1108,  article  2954. 
Repealing  clause,  p.  1108,  article  2955. 
Amending  Ord.  No.  4002,  C.  S..  p.  1108,  article  2956. 
Budget  committee  authorized  to  adjust  certain  taxes,  p 

1108,  article  2957. 
Insurance,  p.  1108,  article  2958. 
Possession  of  property,  p.  1108,  article  2959. 
Repealing  Ord.  No.  4610,  C.  S.,  p.  1109,  article  2960. 
Delinquent  tax  account,  p.  1109.  article  2961. 
Ordinances  remitting  taxes  null  after  certain  time,  p.  1109, 

article  2962. 
Committee  No.  3  to  settle  taxes,  p.  1109,  article  2963. 
Taxes  prior  to  1890,  p.  1109,  article  2965. 
Treasurer.   Mayor  and  Chairman    of    Budget    Committee 

authorized  to  settle  taxes,  p.  1110,  article  2966. 
.Stay  of  proceedings,  p.  1110,  article  2967. 
Board  of  Liquidation  to  enforce  payment  of  taxes  prior  to 

1879,  p.  1110.  article  2968. 
Decisions,  p.  1110. 
Tchoupitoulas  &  New  Levee  Street  Line  Railroad — 
Right  of  way,  p.  861,  articles  2310-2331. 
Extension  of  fifty  years,  p.  885,  articles  2367-2393. 


GENERAL  INDEX.  1333 

Teachers — 

To  prevent  spread  of  contagious  diseases,  p.  397.  articles 

880-894. 
Providing  for  payment  of  back  pay,  p.  G72.  articles  1764- 

1767. 
Appointments,  etc.,  statute,  p.  689. 
Telegraph  Companies — 

Erection  of  poles,  p.  636,  articles  1658-1665. 

American    Union  Telegraph    Company,   p.   1115,   articles 

2969-2971. 
Atlantic  and  Pacitic  Telegraph  Company,  p.  1116.  article 

2972. 
Baltimore  and  Ohio  Telegraph  Company,  p.  1116.  articles 

2973-2981. 
Chas.  E.  Black  and  associates,  p.  1119,  articles  2982-2996. 
Postal  Telegraph  Company,  p.  1122,  articles  2997-2999. 
Telephone  Companies — 

Connection  with  Fire  Department,  p.  346,  article  717. 
Erection  of  poles,  p.  634,  articles  1649-1657. 
S.  P.  Walmsley  and  associates,  p.  1124.  articles  3002-3012. 
Xew  Orleans  Telephone  Company,  p.  1124,  articles  3000- 

3001. 
A.  P.  Moss  and  others,  p.  1128,  articles  3015-3024. 
Great  Southern   Telephone   and  Telegraph   Company,   p. 

1127,  articles  3013-3014. 
Acts  of  Legislature,  p.  1131. 
Revised  Statutes. 
Right  of  way,  p,  1131. 
Duty  of  Telegraph   Company  to  transmit   message,  p. 

1131. 
Penalty  for  failure  to  do  so,  p.  1132. 
Penalty  for  injuring  telephone  lines,  p.  1132. 
Penalty  for  failing  or  refusing  to  send  messages,  p.  1132. 
Messages  defeating  ends  of  justice,  p.  1132. 
Texas  &  Pacitic  Railroad  Company — 

Right  of  way,  p.  751.  articles  1965-1984. 
Wharf  privileges,  p.  1208,  articles  3274-3275. 
Theatres  (see  "Amusements  '') — 

Diagram  of  exits  to  be  printed,  p.  96,  article  110. 
Penalty,  p.  97,  article  111. 
Duty  of  police,  p.  97,  article  112. 
J^alse  alarms  in,  p.  298,  article  671. 
Tivoli  Circle,  name  changed  to  Lee,  p.  611,  article  1575. 
Topographical  survey,  p.  266,  articles  574-579. 
Torpedoes,  p.  243,  article  498. 
Touts,  statute,  p.  120. 
Towers,  Cable- 
Electric  lights,  p.  471,  article  1147. 
Cliinbing,  injuring,  defacing,  p.  0(34    articles  1440-1441. 


1334  GENERAL   INDEX. 

Towers.  Cable — Contimted. 

Franchise,  p.  1134,  article  3031. 

Construction,  p.  1135,  article  3032. 

Location,  p.  1135,  article  3033. 

Divided  into  sections  and  charges,  p.  1135,  article  3034. 

Trunk  lines,  p.  1136,  article  3035. 

Commencement  and  completion,  p.  1136,  article  3035. 

Removal  of  posts,  p.  1136,  article  3036. 

Wires  to  be  removed  to,  p.  1136,  articles  3037-3038. 

Use  of  towers  without  consent  prohibited,  p.  1137,  article 

3039. 
Duty  of  police,  p.  1137,  article  3040. 
Amount  to  be  paid  to  city,  p.  1137,  article  3041. 
Water  pipes,  p.  1138,  article  3041. 
Organization  of  stock  company,  p.  1138,  article  3042. 
Access  to  books  by  City  Treasurer,  p.  1138,  article  3043. 
Bond.  p.  1138,  article  3044. 
City  to  be  held  harmless,  p.  1138,  article  3045, 
Lights  on  towers,  p.  1139,  article  3046. 
Mayor  to  contract,  p.  1139,  article  3047. 
Other  ordinances,  p.  1139. 
Tramps  (see  ''Vagrants"),  p.  564,  article  1443. 

In  squares,  parks,  etc.,  p.  564,  article  1443. 
Transfers,  p.  294,  articles  652-657. 

Transfer  of  property  by  notaries,  unless  taxes  are  paid,   pro- 
hibited, p.  1103,  article  2931. 
Transportation  of  Merchandise — 

Refused  by  vehicles,  p.  1149,  article  3066. 
Treasurer — 

To  make  list  of  property  purchased  for  taxes,  p.  662.  article 

1730. 
Ex-officio  member  of  School  Board,  p.  691. 
Ex-officio  Treasurer  of  School  Board,  p.  691. 
Tax  mortgage  office,  duty  of,  p.  1101,  article  2920. 
Personal  tax  bureau,  duty  of,  p.  1106,  article  2940. 
Ordinances  remitting  interest,  dutj-  of,  p.  1107,  article  2947. 
Subrogation  of  city's  liens  and  mortgages,  duty  of.  p.  1133. 

article  3025. 
Property  purchased  by  citj-  for  taxes,   duty  of,  p.  1133, 

article  3026. 
Costs,  penalties,  etc.,  p.  1133,  article  3027. 
Property  adjudicated  to  city,  duty  of,  p.  1134,  article  3028. 
Poll  tax,  collection  by,  statute,  p.  1134. 
Access  to  books  of  Cable  Towers  Company,  p.  1138,  article 

3043. 
To  set  aside  funds  of  Waterworks  Company,  p.  1167,  article 

3129. 


GENERAL   INDEX.  1335 

Trees— 

Where  planted,  p.  1068,  article  2827. 

Penalty  for  cutting,  etc.,  p.  1068,  article  2828. 

Replanting  on  banquettes  prohibited,  p.  1068,  article  2829. 

Permission  to  Canal  &  Claiborne  Railroad  Company  to  cut 
on  Canal  street,  p.  1068,  articles  2830-2831. 
Trespass,  on  another's  lands,  p.  554,  article  1393. 
Triton  Walk- 
Appointing  board  of  commissioners,  p.  609,  article  1563. 

Powers  of  commissioners,  p.  609.  article  1564. 
Trust  Funds,  p.  72,  articles  32-78. 
Tubs,  covered,  in  markets,  p.  478,  article  1175. 
Tulane  Avenue — 

Creating  neutral  ground,  p.  531,  articles  1282-1283. 
Tulane  Park — 

Boundaries  and  Commissioners,  p.  622,  article  1622. 

Lines  and  levels,  p.  622,  article  1623. 

Amending  Ordinance  No.  744,  C.  S.,  p.  622,  article  1625. 

Appointment  of  Commissioners,  p.  622,  article  1626. 

Plans  approved,  p.  623,  article  1627. 
Tunisburg  &  Jefferson  Railroad- 
Right  of  way,  p.  919,  articles  2491-2525. 
Touro  Almshouse,  p.  70,  articles  20-22  . . 
Turpentine,  p.  244,  article  501. 

Unknown  Property,  p.  660,  article  1721. 

United  States  Courts- 
Disturbing,  etc.,  p.  1158,  articles  3102-3103. 

United  States  Prisoners,  p.  651. 

United  States  Soldiers — 

Sale  of  liquor  to,  p.  136,  article  242. 

Ursuline  Avenue — 

Neutral  grounds,  p.  530,  articles  1275-1278. 
Management  and  control,  p.  619,  articles  1565-1574. 

Vacancies — 

Fire  Commissioners,  statute,  p.  340. 

School  Board,  statute,  p.  687. 

City  officers,  statute,  p.  1139. 
Vacant  Houses  (see  "Offences"),  p.  555,  articles  1396-1398. 
Vagabonds  and  Rogues,  p.  1144,  article  3055. 
Vagrants  and  Idle  Persons — 

Definition  of,  p.  1139,  article  3048. 

Police  to  make  arrests,  p.  1140,  article  3048. 

Penalty,  p.  1141,  article  3048. 

Harboring  burglars,  thieves,  etc.,  p.  1141,  article  3049. 

Lounging  in  public  parks,  p.  564,  article  1443. 


1336  GENERAL   INDEX, 

Vagrants  and  Idle  Persons — Continued. 
Juvenile — 

Deflnition.  p.  1141.  article  3050. 
Definition,  p.  419,  article  928, 
Punishment,  p.  1142.  article  3051. 
House  of  Refuge,  p.  419,  article  929. 
Duty  of  police,  p.  1142,  article  3052. 
Duty  of  City  Attorney,  p.  1142.  article  3053. 
Idle  Persons — 

Move  on,  p.  1142,  article  30.54. 

Xot  to  loiter  in  front  churclies  and  theatres,  p.  1143, 

article  3054. 
Definition  of  idle  and  disorderly  persons,  p.  1143.  ar- 
ticle 3054. 
Penalty,  p.  1143,  article  3054. 
Rogues  and  Vagabonds,  p.  1144,  article  30.55. 
Duty  of  police,  p.  1145.  article  3055. 
Penalty,  p.  1145,  article  3055. 
Revised  Statutes — 

Definition  of  vagrants,  p.  114(3. 
Adult,  how  dealt  with,  p.  114G. 
Juvenile,  how  dealt  with,  p.  114G. 
Who  shall  be  reputed,  etc.,  p.  1147. 
Second  offence,  p.  1147. 
Penalty  for  harboring,  p.  1147. 
Valence  Cemetery,  p.  203,  articles  416,  417. 
Vats,  for  urine  or  overflow,  p.  657.  article  1707. 
Vaults,  cleaning,  p.  1164. 

Vegetables,  time  of  cleaning,  p.  478.  article  1176. 
Vehicles — 

Unlawful   to  stand   on   revetment   at  West    End.    p.    540. 

articles  1315-1316. 
Gongs,  attached,  prohibited,  p.  .540.  articles  1317-1318 
Illegal  use  of  license  plate,  p.  541.  articles  1319-1321. 
Obstructing  street  cars,  p.  .541,  articles  1322-1323. 
Drivers  using    violent    and    insulting    language,   p.   541. 

article  1324. 
Standing  around  parks,  squares,   etc.,   prohibited,  p.  .565, 

article  1446. 
Without  license  plates,  impounded,  p.  670,  article  1759. 
Without  springs,  unlawful  to   use  certain  streets,  p.  1066, 

articles  2819-2820. 
To  be  numbered,  p.  1147,  article  3057. 
Cost  of  numbers,  p.  1147,  article  3058. 
Penalty,  p.  1148,  article  3059. 

License  plates  of  other  years,  p.  1148,  article  3060. 
Defaced  numbers,  p.  1148,  article  3061. 
License  plates,  p.  1148,  article  3062. 


GENERAL  INDEX.  1337 

Vehicles—  Continued. 

Lamps,  p.  1148,  article  3063. 

Officers"  duty,  p.  1148,  article  3064. 

Refusal  to  transport  nierehandise,  p.  1149,  article  3065. 

What  constitutes  load,  p.  1149,  article  3066. 

Penalty  for  overloading,  p.  1150,  article  3068. 

Jurisdiction  of  Recorder,  p.  1150,  article  3069. 

City  carts,  p.  1150,  article  3070. 

To  keep  to  right  and  left,  p.  1151,  article  3071. 

Penalty,  p.  1151,  article  3072. 

Sign-boards  to  be  posted,  p.  1151,  article  3073. 

Driving  over  certain   bridges  other  than  a  walk,  p.  1151, 

article  3074. 
Ordinance  to  be  posted,  p.  1151,  article  3075. 
Duty  of  police,  p.  1151,  article  3076, 
Duty  of  City  Surveyor,  p,  1152.  article  3077. 
Stations  and  Stands — 

First  District,  p.  1152,  article  3078. 
Second  District,  p.  1152,  article  3079. 
Third  District,  p.  11.53,  article  3080. 
Penalty,  p.  1153,  article  3081. 
Position  of  stands,  p. 1153,  article  3082. 
To  remove  for  cleaning  streets,  p.  1154,  article  3083. 
'Xot  to  stand   on   Chartres  and   Royal   streets,  p.  1154,  ar- 

cle  3084. 
Stands  on  cross  streets,  p.  1154,  article  3085. 
Duty  of  Chief  of  Police,  p.  1154,  article  3086. 
Not  to  remain  idle  on  street,  p.  1155,  article  3087. 
To  remove  offal,  p.  1155,  article  3088. 
Penalty,  p.  1155,  article  3089. 
Rate  of  charges,  p.  1155,  article  3090. 
Rate  from  sunrise  to  midnight,  p.  1156.  article  3091, 
Penalty,  p.  1156,  aaticle  3092. 
To  post  ordinance  in  vehicle,  p.  1156,  article  3093. 
To   drive  in  a  walk  past   French   Market,   p.  11,56,  article 

3094. 
Position  of  plates,  p.  1157,  article  3095. 
Lights,  p.  1157,  article  3096. 
Following  cars,  p.  1157,  article  3097. 
Stops,  p.  1157,  article  3098. 
Penalty,  p.  1157,  article  3099. 
Repealing  clause,  p.  1158,  article  3100. 
Obstructing  carnival  processions,  p.  1158,  article  3101, 
Disturbing  U.  S,  Courts,  p.  1158.  article  3102. 
Penalty,  p.  11.58,  article  3103, 

Prohibited  on  woodwork  of  wharves,  p.  1184,  article  3186. 
Drays,  carts,  etc.,  prohibited   on  wooden  part  of  wharves, 

p.  1185,  articles  3188-3189. 
Ventilation  on  cars,  p.  706,  articles  1817-1818. 


1338  GENERAL   INDEX. 

Vessels — 

Sale  of  liquors  on,  p.  473.  articles  1158-1159. 
Smoking  on  decks  in  hold  of,  p.  559,  article  1417. 
Mooring  in   front  of   the   waterworks  pipes  and  cribs,  p. 

1170.  articles  3143-3146. 
Acts  of  Legislature,  p.  1159. 

To  moor  where  directed,  p.  1185,  article  3190. 
Penalty  for  refusing,  p.  1185,  articles  3191-3192. 
Vicious  Dogs— 

At  large,  p.  98.  article  118. 

Duty  of  Commissioner  of  Police  and  Public  Buildings,  p. 
100,  article  130. 
Vidangeurs — 

Regulating  the  conveying  of.  p.  1159,  article  3104. 

Officers  charged  to  enforce  ordinance,  p.  1159,  article  3105. 

Dumping  fecal  matter,  p.  1159.  articles  3106-3111. 

Time  and  manner,  p.  1159,  article  3107. 

Odorless  apparatus,  p.  1160,  article  3108. 

Penalty,  p.  1160,  article  ^109. 

Disinfection,  p.  1160,  article  3110. 

Reinspection,  p.  1160,  article  3112. 

Boats  for  carrying  off  fecal  matter,  p.  1161,  article  3113. 

Penalty,  p.  1161,  article  3114. 

Permission  to  Messrs.  J.  J.  Keegan  and  R.  B.  Benton,  p. 

1161.  article  3115. 
Permission  to  establish  wharf ,  p.  1161,  article  3116. 
Bond,  p.  1161,  articles  3117-3122. 
Water-tight  barges,  p.  1162.  article  3118. 
•Consideration,  p.  1162,  article  3119. 
Duty  of  officer,  p.  1162,  article  3120. 
.Southern  Boat  Club,  p.  1162,  article  3121. 
^i^uisance  Wharves — 

At  disposal  of.  p.  1163,  article  3123. 

Keeping  or  throwing  any  offensive  matter  upon  any 

yard,  lot,  etc.,  p.  1163,  article  3124. 
Commissioner  of  Police  to  remove  all  offensive  matter, 

p.  1164,  article  3125. 
Act  84,  of  1877  E.  S.,  of  regulating  cleaning  of  vaults 
and  privies,  p.  1164. 

IVagons,  for  vegetables,  at  markets,  p.  480,  article  1186. 

Walker,  Jos.  A.,  et  als.,  electric  motor,  p.  291,  article  651. 

Walls- 
Construction,  p.  169,  articles  298-307. 
Party  walls,  p.  169,  article  298. 

Walmsley,  S.  P.,  and  associates — 

Franchise  and  right  of  way.  telephone,  p.  1124,  articles 
3002-3012. 


GENERAL  INDEX.  1339 

Wardens  and  Masters,  statute,  p.  499. 
Wards  (see  "  City  Charter  "') — 

Precincts,  boundaries,  p.  158,  articles  275-291. 
Washington  Avenue  Market,  p.  491,  articles  1231-1236. 
Washington  Cemetery,  p.  203,  article  418. 
Washington  Square — 

Appointing  commissioners,  etc.,  p.  623,  article  1628. 
Watchmen,  private,  p.  644,  article  1667. 
Water,  stagnant,  p.  394,  article  865. 
Water  supply,  p.  178,  article  333. 

Cisterns,  p.  209,  articles  442,  443. 
500  gallons,  p.  391,  article  850. 
Owners  and  agents  to  furnish,  p.  392,  article  852. 
Waterworks — 

Franchise  to  New  Orleans  Waterworks  Company,  p.  1165, 

articles  3126-3132. 
Duty  of  Commissioners  of  Markets,  p.  1168,  article  3133. 
Xight  watchmen  to  arrest  persons  opening  fire  plugs  at 

night,  p.  1168,  article  3134. 
Unlawful  for   unauthorized   persons  to  use  water,  p.  1169, 

article  3135. 
Attachment  to  mains,  p.  1169,  article  3136. 
Wasting,  p.  1169,  article  3137. 

Used  otherwise  than  specified,  p.  1169,  article  3138. 
Valves  or  stop  boxes,  p.  1170,  article  3139. 
Unlawful  to  keep  or  own  keys  or  spanners,  p.  1170,  article 

3140. 
Bathing  in  reservoirs  prohibited,  p.  1170,  article  3141 . 
Duty  of  Police,  p.  1170,  article  3142. 

Vessels  mooring  in  front  of  pipes  prohibited,  p.  1170,  arti- 
cle 3143. 
Penalty,  p.  1170,  article  3144. 
Mooring  vessels  in  front  of  crib  prohibited,  p.  1171,  article 

3145. 
Repealing  clause,  p.  1171,  article  3146. 
Duty  of  City  Attorney  in  suit  of  Conery   vs.  New  Orleans 

Waterworks  Company,  p.  1171,  article  3147. 
Authority  to  City  Attorney  to  act,  p.  1172,  article  3148. 
Repealing  clause,  p.  1172,  article  3149. 
City  Surveyor  to  test  water  daily,  p.  1172,  article  3150. 
To  report  to  Council,  p.  1172,  article  3151. 
Fifth  Municipal  District — 

Agreement  with  E.  L.  Bemis  to  organize  Waterworks 
Company  in  Fifth  District,  p.  1177.  article  3157. 
Consent  of  city,  p.  1178,  article  3159. 
Charges,  p.  1178,  article  3160. 

Mayor  member  of  Board  of  Directors,  p.  1178,  article 
3161. 
Repealing  clause,  p.  1178,  article  3162. 


1340  GENERAL   INDEX. 

Watson.  Thos.  W.,  accepting  i)roposition  of.  p.  661.   article  1723. 
Weapons,  in  places  of  amusement,  p.  91,  articles  89-91. 
Weights  and  Measures — 

In  markets,  p.  480,  article  1185. 
Acts  of  Legislature,  p.  1244. 
Wells,  unlawful  to  sink  on  bakerj^  premises,  p.   134,  articles  231- 

233. 
West  End  revetment  levee,  p.  443,  articles  1021-1070. 
Wharfingers — 

To  remove  rafts,  vessels,  etc..  p.  439,  article  1002. 

To   prevent  injury   to  and   obstruction   of  levees,  p.   439, 

article  1006. 
Duty  of,  pp.  1179-1182,  articles  3163-3164,  3174-3175. 
Penalty  for  violating  or  refusing  to  obey  orders  of.   pp. 

1180-1185,  articles.  3165-3190-3192. 
To  remove   merchandise  from   wharves,   p.  1180,  article 
3166. 
Wharves^ — 

Smoking  on,  prohibited,  p.  559.  article  1416. 
Dump,  rice  chaff,  p.  989,  articles  2627-2629. 
Nuisance,  p.  1163,  article  3123. 
Garbage,  p.  377,  article  791. 
Obstructions — 

Storing  ballast,  p.  1181,  article  3167. 

Duty  of  Commissioner  of  Public  Works,  p.  1181.  article 

3168. 
Penalty  for  failure  to  remove,  p.  1181.  article  3169. 
Duty  of  contravention  clerk,  p.  1182,  article  3170. 
River  sand,  planks,  etc.,  p.  1182,  article  3172. 
Unlawful   to   injure  or  damage  levees,  p.  1182,  article 

3173. 
Duty  of  wharfingers,  p.  1182,  article  3174. 
Penalty,  p.  1182,  article  3175. 
Duty   of  Commissioner  of  Commerce,  p.  1182.  article 

3176. 
Removal  of  wai-es,  p.  1183,  article  3177. 
Notice  dispensed  with,  when.  p.  1183,  article  3178. 
Other  powers.  Administration   of  Commerce,  p.  1183, 

article  3179. 
Penalty,  p.  1183,  article  3180. 
Sheds,  booths,  etc.,   to  be   removed,  p.   1184.  article 

3181. 
Penalty,  p.  1184,  article  3183. 
Police  Regulations^ — 

Public  dump.  p.  1184.  article  3184. 
Unlawful   to   deposit   rice   chaff,   etc.,  p.  1184,  article 
3185. 


GENERAL   INDEX.  1341 

Wharves — Continued. 

Cabs  on  woodwork,  p.  1184,  article  3186. 

Guide  posts,  p.  1185,  article  3187. 

Drays,  carts,  etc.,  on  wooden  part  of,  p.  1185,  article 

3188. 
Penalty,  p.  1185,  article  3189. 

Vessels   to  moor  where  directed,  p.  1185.  article  3190. 
Penalty  for  refusing  or  neglect,  p.  118.  article  3191. 
Penalty  for  refusing  to  obey  orders  of  wharfinger,  p. 

1186,  article  3192. 
Lay  charges,  p.  1186.  article  3193. 
Landings — 

Ballast,  p.  1186,  article  3194. 
Barges,  p.  1187,  article  3196. 
Coal,  p.  1187.  article  3197. 

Consent  of  CounciFfor  use  of  levee  required,  p.  1187, 

article  3198. 
Landing  defined,  p.  1187.  article  3199. 
Lambert  &  Co..   Hebrard  &  Kea   and  H.  1.  Mon- 

tagnet.  p.  1188,  articles  3200-3202. 
Denegre  &  Villere.  Desforges,  Montagnet  &  Co..  A. 

Lambert  c<:  Co..  p.  1188.  articles  3203-3205. 
W.  G.  Coyle  tt  Co.,  C.  A.  Miltenberger  &  Co.,  B.  D. 
Wood  &  Bros..  W.  G.  Wilmot  &  Co..  William  Lee. 
p.  1189,  article  3206. 
Transfer  to  W.  G.  Coyle  &  Co..  Jas.  Sweeney.  Wood. 
Schneidau  &  Co.  and  Fred.  B.  Xunn.  p.  1189,  ar- 
ticle 3207. 
N.  O.  &  N.  E.  R.  R.  Co.,  p.  1190.  article  3208. 
X.   O.  and  Alabama  Coal   and  Mining  Co..  p.  1190. 

articles  3209-3212. 
La.  Electric  Light  and  Power  Co..  p.  1191.  articles 

3213-3215. 
B.  D.  Wood  tt  Sons,  Desforges  &  Jung.  p.   1192,  ar- 
ticles 3216-3218. 
Cotton,  p.  1192,  article  3219. 
Lugger,  p.  1192.  articles  3220-.3221. 
Lumber  and  timber,  p.  1192.  article  3222. 
Molasses  and  sugar,  p.  1193,  articles  3223-3224. 
Produce,  p.  1193.  articles  3225-3226. 
Salt.  p.  1194.  article  3227. 
Privileges — 

Must  repair  approaches,  p.  1194.  article  3228. 
Mississippi  Valley  Trans.  Co..  p.   1194.  articles  3229- 

3236. 
Red  River  Packet  Landing,  p.  1197,  article  3237. 
1.  C.  R.  R.  (C.  St.  L.  &  N.  O.  R.  R.),  p.  1197,  articles 
3238-3244. 


1342  GENERAL   INDEX 

Wharves — Contimu  d. 

T.  &  G.  Forwood,  p.  1200,  articles  3246-3252. 

L.  &X.  R.  R.  Co.,  p.  1201,  articles  3253-3261. 

I.  C.  and  L.  &  N.  R.  R.  Cos..  p.  1204,  articles  3262- 
3266. 

Cromwell  Line,  p.  1207,  articles  3267-3273. 

N.  O.  Pac.  R.  R.  Co.,  p.  1208,  articles  3274-3275. 

N.  O.  &  N^.  E.  R.  R.  Co. .p.  1209,  articles  3276-3279. 

N.  O.  Elevator  and  Warehouse  Co.,  p.  1212,  articles 
3280-3289. 
Wharf  Lease — 

First,  Second.  Third  and  Fourth  Districts. 
Advertisement,  p.  1214,  article  3289. 
Revenues,  p.  1214,  article  3290. 

Boundaries  of  wharves,  p.  1217,  article  3302. 

Boundaries  of  landings,  p.  1217,  article  3303. 

Acceptance  of  present  condition  of  wharves,  p.  1218,. 
article  3304. 

Repairs,  p.  1219,  article  3305. 

Quality  of  material,  p.  1219,  article  3306. 
Specitications  for  Wharves— 

For  boats,  p.  1220,  article  3307. 

For  ships,  p.  1221,  article  3308. 

For  steamships,  p.  1221,  article  3309. 
Construction,  p.  1222,  article  3310. 
Additional  wharves,  p.  1222,  article  3311. 
To  put  landings  in  good  condition,  p.  1223,  article  3312, 
Bulkheads  and  revetments,  p.  1223,  article  3313. 
Electric  lights,  p.  1224,  article  3314. 
Subdivisions  of  wharf  front,  p.  1224,  article  3314. 
Landings — 

Steamships  and  sailing  vessels,  p.  1225,  article  3315. 

Coal  boats,  1225,  article  3315. 

Barges,  p.  1225,  article  3315. 

Steamboats,  p.  1225,  article  3315. 

Steamships,  p.  1226,  article  3315. 

Luggers,  p.  1226,  article  3315. 
Supervision  of  work,  p.  1226,  article  3317. 
Commencement  of  work,  p.  1226.  article  3318. 
Penalty  for  failure,  p.  1226,  article  3319. 
Reservation  of  rights  of  city,  p.  1227,  article  3320. 
Regulations,  p.  1227,  article  3321. 
Damages,  p.  1227,  article  3322. 
Annulment  of  contract,  p.  1227,  article  3323. 
Release,  p.  1228,  article  3324. 

Expenditures,  monthly  instalments,  p.  1228,  article  3325. 
Bond,  p.  1228,  article  3326. 


GENERAL  INDEX.  l343 

Wharf  Lease — Continued. 

Not  to  sell,  transfer,  etc..  without  consent  of  city,  p.  1229, 

article  3329. 
Annual  statement,  p.  1229,  article  3330. 
Deposit  with  bid,  p.  1229,  article  3331. 
Extension  of  special  leases,  p.  1230.  article  3332. 
Surrender  of  contract,  p.  1230,  article  3333. 
Repealing  clause,  p.  1230,  article  3334. 
Amending  section   15.   Ordinance   .5256,  C.    S.,    p.    1230,. 

articles  3335-3336. 
Mayor  authorized  to  sign,  p.  1230,  article  3337. 
Transfer    to    Louisiana    Construction    and    Improvement 

Company,  p.  1231,  article  3338. 
Rates  of  Charges — 

Ships,   steamships,   and  other  docked  vessels,  p.  1214,. 

article  3291. 
Ships  or  sail  vessels,  p.  1215,  article  3292. 
Steamboats,  p.  1215,  article  3293. 
Boats,  p.  1215,  article  3293. 
Barges,  p.  1215,  article  329-^, 
Flatboats  and  barges,  p.  ll'  *5.  article  3295. 
Qualifications,  p.  1216,  art    le  3296. 
Charges  for  landing,  p.  12  6,  article  3297. 
Pirogues,  p.  1216,  article  3298. 
Towboats,  p.  1216,  article  3299. 
Vessels  transporting  lumber,  brick,  etc..  p.  1216,  article 

3300. 
Grain  barges,  p.  1217,  article  3301. 
Ocean  steamships,  p.  1217,  article  3302. 
Vessels  in  ballast,  p.  1217,  article  3303. 
Half  rates  to  vessels  in  distress,  p.  1226.  article  3316. 
Fifth  District- 
Dedication,  p.  1231,  article  3339. 
Survey  of  river  front,  p.  1231,  article  3340. 
Construction  of  wharves,  p.  1232,  article  3241. 
Sixth  and  Seventh  District  Charges — 

Character  of  craft,  p.  1232,  article  3342. 
Rates  per  trip,  p.  1232,  article  3342. 
Rates  per  month,  p.  1232.  article  3342. 
Rights  of  lessee  not  impaired,  p.  1233,  article  3343. 
Lease  to  Geo.  S.  Pettit,  p.  1233,  article  3344. 
Transfer  to  Jas.  Sweeney,  p.  1233,  article  3345. 
Privileges,  p.  1233. 
Wheels,  flat,  on  cars,  p.  704.  articles  1805-1806. 
Whistles,  police,  unlawful  to  blow,  p.  546,  article  1351. 
Whistles,  Steam — 

Blowing  on  certain  streets  prohibited,  p.  553,  articles  1389- 
1390. 


1344  GENERAL  INDEX. 

Whifetles,  Steam — Continued. 

Blowing  between  certain  hours  prohibited,  p.  554,  article 
1390. 

Unlawful  for  railroads  to  blow  in  certain  limits,  p.  698,  ar- 
ticle 1774. 

Louisville  &  Nashville  Kailroad,  p.  723,  article  1884. 
Wild  animals,  p.  103,  articles  144-145. 
Wild  beasts,  p.  106,  article  163. 
Windows  and  shutters,  p.  183,  article  354. 
Wires,  electric  light,  p.  469,  article  1139. 
Workhouse  (see  •'  Prisons  and  Jails'*),  p.  648,  articles  1666-1687 


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